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SALT LAKE CITY — A state court judge overseeing the case of Curtis Allgier formally asked the Utah Supreme Court Wednesday to lift its stay on court proceedings so he can reevaluate a motion he previously denied.
Third District Court Judge Paul Maughan filed a memorandum with the state's high court asking it to lift its order halting capital murder court proceedings so that Maughan can reevaluate a motion filed by Allgier's attorneys asking that they be allowed to withdraw from the case.
In the memorandum, Maughan states that he would like to be able to "reconsider its prior decision denying the defendant's attorney's motion to withdraw," citing the length of time an appeal before the Utah Supreme Court could take.
"Lifting the stay would likely obviate the need for the court to accept and address the issues raised in the interlocutory appeal," Maughan wrote.
Prosecutor Bob Stott said the judge's move most likely indicates he will grant the motion and allow Allgier to seek private counsel, which will delay the trial scheduled to begin in April, but keep the case moving forward.
"I can't see another reason why the judge would (make the request to the Utah Supreme Court)," Stott said.
In a motion filed in support of the judge's memorandum by the Utah Attorney General's Office, assistant attorney general Tom Brunker also asked that the high court "modify its stay to make plain that it does not prohibit the district court from reconsidering" the motion.
"If the district court reverses itself and grants the motion to withdraw ... it will moot the pending request for interlocutory review," Brunker wrote.
Maughan recently denied motions filed by Allgier's attorneys asking that they be allowed to withdraw or that he halt the case while they appeal to the Utah Supreme Court. The basis for these claims is that there is a conflict of interest in the case that has led to an inherent lack of trust between attorney and client.
Allgier previously told Maughan that he believes all of the attorneys within the Legal Defender's Association were friends with Corrections officer Stephen Anderson, who Allgier is accused of killing during an escape attempt at University Hospital. Allgier was allegedly further alienated by an article in the Salt Lake Tribune quoting a jail official who said Allgier's attorneys don't feel safe with him.
Though his current three-person team of attorneys deny they made any such statements, they say Allgier's perception that they do fear him is all that matters.
Allgier's attorneys have also long contended that officers at the jail continue to hamper their efforts to gather evidence and mitigation information, including keeping them from copies of tapes of Allgier in jail for which they paid $3,750.
While his attorneys did not oppose Maughan's memo, they did not want to join in the request, stating they needed to "protect Mr. Allgier's rights." They did not elaborate after the hearing as to which of his rights may be in question.
If convicted, Allgier could face the death penalty.
Email:emorgan@ksl.com
