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SALT LAKE CITY — The criminal cases of former Utah Attorneys General John Swallow and Mark Shurtleff will be separated.
Shurtleff and Swallow had been listed as co-defendants in 3rd District Court. Shurtleff's attorneys have attempted since the charges were filed to have the word "co-defendant" removed from court documents. Both have filed motions seeking separate preliminary hearings and trials.
Salt Lake County District Attorney Sim Gill announced Tuesday that the Davis County Attorney's Office will now be the lead prosecuting agency in the Shurtleff case, while his office will take the lead in the Swallow matter.
"This is a massive case. We've always tried to share the bulk of responsibilities, and the ongoing movement of the case. The sharing of the responsibilities, the sharing of the labor, the sharing of the issues. So it made logical sense. We knew we were going to have to do this," Gill said Tuesday.
Lawyers for Swallow and Shurtleff said it's about time prosecutors agreed to spilt the cases.
"I think it’s a good thing. They never should have been filed together," said Swallow's attorney Steve McCaughey. "We’ve been talking to prosecutors all along about separating this case."
Richard Van Wagoner, who represents Shurtleff, said he has had to unnecessarily spend a lot of resources to get the case to where it is now.
This is a massive case. We've always tried to share the bulk of responsibilities, and the ongoing movement of the case. The sharing of the responsibilities, the sharing of the labor, the sharing of the issues. So it made logical sense, we knew we were going to have to do this.
–Salt Lake County District Attorney Sim Gill
"I believe that it would be prejudicial to both defendants to bring in evidence against one that doesn't relate to the other or charges against one that aren't brought against the other," Van Wagoner said.
Gill said separating the cases was something that his office and the Davis County Attorney's Office has been working on jointly, and something he knew would eventually happen.
Yet Gill's office filed a motion in October opposing the separation of the cases. Prosecutors argued that the cases of Shurtleff and Swallow involve "overlapping" and "intertwined" evidence with many of the same witnesses expected to testify about their involvement with both men. Trying them together would avoid "inconsistent" verdicts, promote efficiency and serve the interest of justice, they said.
"It's a complex case. There continues to be legal issues, and there are things that overlap, and there are things that are separate. We've sort of reached the conclusion that in the end, these cases would probably not be tried together potentially," Gill said Tuesday. "The focus here is not necessarily on the joint relationship, per se, but on individual conduct."
Gill said both his office and the Davis County Attorney's Office will continue to jointly investigate the alleged crimes. Davis County Attorney Troy Rawlings was cross-deputized as a Salt Lake County deputy district attorney when the charges were filed, so Shurtleff's court hearings will continue to be held in Salt Lake City.
Shurtleff is charged with 10 felonies and Swallow with 11 felonies and two misdemeanors related to bribery and accepting gifts. Some of the counts involve the same accusations, such as pattern of unlawful activity, while some do not. Both men have maintained their innocence.
Their next court date is scheduled for Dec. 12.
