Former Utah A.G.'s headed back to court, both want separate trials


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SALT LAKE CITY — Former Utah Attorney General John Swallow wants his criminal case separated from the case against his predecessor Mark Shurtleff.

Swallow also wants the state to return $10,000 in cash it seized during a search of his Sandy home last summer.

The two motions are among a flurry of new filings as Swallow and Shurtleff are scheduled to make their second appearances Monday in 3rd District Court on multiple felony charges. The hearing is listed as a scheduling conference on the court calendar.

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.

Judge Elizabeth Hruby-Mills could make decisions on the motions or hold hearings on them in the future.

Prosecutors list Swallow and Shurtleff as co-defendants, though they are charged in separate documents.

Swallow wants the judge to order separate preliminary hearings and trials for himself and Shurtleff. If Hruby-Mills doesn't immediately grant the motion, Swallow asks her to schedule it for a hearing.

Shurtleff earlier filed a motion to separate the cases, saying Salt Lake County District Attorney Sim Gill misled the public into believing the two would be tried together.

Prosecutors "cleverly but nominally mischaracterized" them as co-defendants, Shurtleff's attorney Rick Van Wagoner wrote. He asked the court to remove the word "co-defendant," saying it has no meaning other than to expose the state's "poorly executed attempt at sleight of hand."

The district attorney's office asked Hruby-Mills in a motion Friday to deny the request because it is premature and has no legal basis.

"Nowhere does Utah law require that all co-defendants be charged in the same information or indictment," wrote Chou Chou Collins, deputy district attorney.

Shurtleff filed a motion last week accusing prosecutors of "gamesmanship" and asked the court to throw out the charges against him. He argued that he can't put on an adequate defense because prosecutors haven't described the alleged crimes in detail.

The state has not yet responded to that motion. It's unlikely Hruby-Mills would make a ruling on that Monday.

Investigators searched the homes of Swallow and Shurtleff in June, seizing journals, flash drives, iPads, iPods and other items. At Swallow's home, investigators also took $10,000 in cash that his attorney said the family kept on hand for emergencies.

Police arrested the two men in July.

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Dennis Romboy

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