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SALT LAKE CITY — The presiding judge over the 3rd District Court has dismissed a request by Curtis Allgier that the judge overseeing his capital murder case be disqualified.
Attorneys for Allgier filed an affidavit asking for the removal of 3rd District Judge Paul G. Maughan from Allgier's case. They cited a number of reasons for their request, including courtroom outbursts by Allgier and motions Allgier filed while unrepresented in which he called the judge senile and accused him of drug use.
"Prior to my appointment, Mr. Allgier made personal statements and attacks on Judge Maughan which may have jeopardized Judge Maughan's ability to remain unprejudiced and unbiased against Mr. Allgier," defense attorney Richard Gale wrote.
But presiding Judge Royal Hansen said in a decision Tuesday that Gale's motion "fails on its merits as it does not establish bias, prejudice or conflict of interest on the part of the honorable Paul G. Maughan."
It was also deemed untimely by Hansen, because it was filed more than 20 days after defense counsel would have known about the situation.
Prior to my appointment, Mr. Allgier made personal statements and attacks on Judge Maughan which may have jeopardized Judge Maughan's ability to remain unprejudiced and unbiased against Mr. Allgier.
–Richard Gale
Hansen said the motion was not credible and included insufficient evidence. He also pointed out that Maughan issued an affidavit stating that he has no prejudice and feels he can fairly hear the case.
Allgier is accused of killing corrections officer Stephen Anderson during a hospital visit in June 2007. Allgier was taken into custody by police following a lengthy chase, which led to a number of additional felony charges. A trial has been set in the matter for June 2012.
Email: emorgan@ksl.com
