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SALT LAKE CITY — Lawyers for former Utah Attorneys General Mark Shurtleff and John Swallow made a point not to stand together Monday in court when the judge called their case.
Richard Van Wagoner, who represents Shurtleff, objected to 3rd District Judge Elizabeth Hruby-Mills' calling the case at all, arguing the two men face "substantially different" charges.
"I don't see how the cases can or should be treated together," he told the judge.
Swallow's lawyer, Steve McCaughey, stood away from the lectern while Van Wagoner and prosecutors argued in a brief but testy scheduling hearing.
Prosecutor Fred Burmester said Swallow and Shurtleff have both filed motions to "sever" the cases before a preliminary hearing is held. Van Wagoner called that a mischaracterization because they have never been together.
Hruby-Mills ignored the objection. She set a hearing on several motions, including Shurtleff's motion to dismiss the charges against him, for Nov. 7. A preliminary hearing, in which a judge decides whether there's enough evidence for a trial, might not be held until February.
Neither Shurtleff nor Swallow was in the courtroom Monday. Van Wagoner said after the hearing they are not required to appear for scheduling matters.
Swallow faces 11 felony counts and two misdemeanors, including bribery, while Shurtleff is charged with 10 felonies that include bribery. Prosecutors say the two men illegally accepted gifts and money from several businessmen. Both have maintained their innocence.
We feel very comfortable at the end of the day that we will have a good outcome for our prosecution. That's what we're focused on.
–Salt Lake County District Attorney Sim Gill
The state lists the two men as "co-defendants" but charged them in separate documents. Both have asked the court to try them individually.
Van Wagoner said after the hearing that prosecutors have failed to clearly outline the who, what, where and why of each count against Shurtleff. He said they're throwing charges against the wall to see what sticks.
"The criminal information in this case is one of the worst I've ever seen in a white collar case in terms of laying out the charges and giving the defendant notice," Van Wagoner said after the hearing.
"We're talking about a case that's had years to investigate, that's had the FBI involved, the (Utah) Department of Public Safety, three investigative reports, and they provide these charges?"
Van Wagoner said because the state has refused to submit a "bill of particulars" explaining the charges in detail, the judge should dismiss the case. "Let the state take another crack at it," he said.
Burmester and prosecutor Chou Chou Collins declined to comment after the hearing. Salt Lake County District Attorney Sim Gill, who did not attend the hearing, also declined to respond to the issues Van Wagoner raised.
"They're entitled to file their motions. We're not going to respond to every motion in the media about it," he said.
Gill said it's a complex case and prosecutors continue to evaluate it.
"We feel very comfortable at the end of the day that we will have a good outcome for our prosecution," he said. "That's what we're focused on."
Contributing: Peter Samore
