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SALT LAKE CITY — John Swallow might be getting his $10,000 back.
Prosecutors in the former Utah attorney general's criminal case have agreed to return the cash seized during a search of his Sandy home last summer.
Meantime, the Salt Lake County District Attorney's Office opposes Mark Shurtleff's motion to dismiss the felony charges against him. His attorney, Richard Van Wagoner, argued in a 3rd District Court filing that prosecutors have done a terrible job outlining the felony charges against Shurtleff, hindering his ability to mount a defense.
Prosecutor Chou Chou Collins contends in a motion filed last week that the 11-page probable cause statement complies with rules of criminal procedure and case law. She also argues that the defense can explore the exact nature of the charges and confront any confusion at a preliminary hearing.
Shurtleff's attorney, Richard Van Wagoner, has asked the state to provide a "bill of particulars" that would explain the charges in detail. But Collins said the state's reluctance to divulge its theory of the case solely at Shurtleff's demands doesn't violate his due process rights.
Judge Elizabeth Hruby-Mills has scheduled a Nov. 7 hearing on several motions in the case, including Shurtleff's motion to throw out the charges.
Shurtleff faces 10 felony counts including bribery, illegally accepting gifts or loans and pattern of unlawful activity. Swallow was charged with 11 felonies including bribery, pattern of unlawful misuse of public money and falsifying government records.
The 23 total counts filed in July were the culmination of an unprecedented public corruption investigation by the Utah Department of Public Safety and the FBI. Both former attorneys general have maintained their innocence.
Investigators searched the homes of Swallow and Shurtleff in June, removing 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.
Swallow filed a motion in 3rd District Court earlier this month asking for the money back. Although prosecutors have agreed to return the cash, the judge must still grant the motion.
