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SALT LAKE CITY — Opening arguments are expected Wednesday in the fraud case against Marc Sessions Jenson after a judge denied his lawyer's request to delay the trial.
Defense attorney Marcus Mumford argued Tuesday that the state won't give him access to evidence, specifically a database compiled by prosecutors in the criminal case against former Utah Attorneys General John Swallow and Mark Shurtleff. He contends it has information relevant to the defense.
"What we're after here, your honor, is the truth. What we're after here is a fair trial," Mumford told 3rd District Judge Elizabeth Hruby-Mills.
Prosecutor Tim Taylor said his review of the database yielded two relevant documents that he gave to Mumford.
"I've handed over everything that I have," he said.
Salt Lake County District Attorney Sim Gill and Davis County Attorney Troy Rawlings gathered the evidence during their investigation of Shurtleff and Swallow. They provided it to Taylor for the case against Jenson, who has accused Shurtleff and Swallow of shaking him down for money and favors.
Related:
Shurtleff, Swallow refuse to testify in Mount Holly development fraud case
Two former Utah attorneys general and an Olympic gold medalist are refusing to testify in the trial of a Salt Lake businessman accused of fraud in a failed $3.5 billion luxury resort project.Mumford contends he should be able to see the entire database. "We have to ask ourselves what else is there," he said.
Hruby-Mills said she was satisfied that Taylor did a diligent search of the database and provided relevant information to the defense. In light of that ruling, she denied Mumford's motion to put off the scheduled nine-day trial and moved ahead with jury selection.
Marc Jenson and his brother Stephen R. Jenson are charged with communications fraud, theft by deception and money laundering. Prosecutors allege the brothers deceived investors in a $3.5 billion project for a private ski and golf development on Mount Holly in Beaver County. The Jensons have pleaded not guilty.
