Shurtleff wants state to name witnesses in case against him

Shurtleff wants state to name witnesses in case against him

(Scott G. Winterton/Deseret News/File)


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SALT LAKE CITY — Former Utah Attorney General Mark Shurtleff wants a judge to order prosecutors to identify the witnesses they intend to put on the stand in a preliminary hearing.

Shurtleff's lawyer, Rick Van Wagoner, filed a memorandum Friday in 3rd District Court saying his client is entitled to an accurate and not inflated list of witness so he doesn't have to guess who the state would call.

Salt Lake County District Attorney Sim Gill filed a list of 56 potential witnesses in the criminal case against Shurtleff and his successor John Swallow. The list includes prosecutors and former division chiefs from the Utah Attorney General's Office, Swallow's former campaign staffers and even Shurtleff's wife.

Shurtleff's memo is the latest in a flurry of back-and-forth court filings between Shurtleff and prosecutors. Judge Elizabeth Hruby-Mills hasn't yet ruled on any of the motions.

Van Wagoner also wants prosecutors to specifically outline the charges against Shurtleff and not mingle them with the charges against Swallow.

"If the state actually identified the theory of its prosecution rather than utilizing the shotgun or mud-against-the-wall approach, Mr. Shurtleff could begin to prepare a defense," he wrote.

Shurtleff faces 10 charges, including felony bribery, while Swallow faces 13 counts that include bribery. Prosecutors say both men illegally accepted gifts and money from several businessmen.

Shurtleff and Swallow, both Republicans, have denied any wrongdoing.

Prosecutors listed them as "co-defendants" in separate charging documents. Van Wagoner has asked the court to sever the case.

A preliminary hearing has not been set. Shurtleff and Swallow are next due in court Oct. 20 for a scheduling hearing.

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Dennis Romboy

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