Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — State prosecutors oppose separating the criminal cases against former Utah Attorneys General John Swallow and Mark Shurtleff, arguing neither would be prejudiced if tried together.
Prosecuting Swallow and Shurtleff involves "overlapping" and "intertwined" evidence with many of the same witnesses expected to testify about their involvement with both men, Salt Lake County deputy district attorney Chou Chou Collins wrote in a court memorandum filed Tuesday.
Trying them together would also avoid "inconsistent" verdicts, she wrote.
Swallow filed a motion last week asking 3rd District Judge Elizabeth Hruby-Mills for separate preliminary hearings and trials.
Shurtleff earlier asked the judge to verify that his case has not been consolidated with Swallow's and to remove the word "co-defendant" from court documents.
Prosecutors charged Shurtleff with 10 felonies and Swallow with 11 felonies and two misdemeanors. Some of the counts involved the same accusations, while some do not. Both men have maintained their innocence.
Several allegations center on the relationships Swallow and Shurtleff had with Jeremy Johnson, a St. George businessman who is named in an 86-count federal indictment alleging fraud in connection with his online business, iWorks. The once-lucrative enterprise also is the subject of a Federal Trade Commission complaint.
Shurtleff is accused of using Johnson's private jet to fly to a fundraiser in California and using his plane to fly to New York to pick up actor Vincent D'Onofrio for an event, the charges state. Pictures of Johnson and Shurtleff sitting together in Johnson's yellow Lamborghini are on the Internet.
Swallow used Johnson's luxury houseboat and Ferrari on several occasions while he was chief deputy in the attorney general's office, according to court documents.
Another businessman, Marc Sessions Jenson, claims Swallow and Shurtleff shook him down for money and favors at his Southern California villa. Jenson is serving a 10-year prison term for failing to pay $4.1 million in restitution after pleading no contest to selling unregistered securities.
Collins contends state law allows defendants to be tried together when jointly charged with the same offense. Shurtleff and Swallow both face one count of pattern of unlawful conduct.
Swallow failed to show how he would be harmed if the cases are tried together, she wrote. Joint court proceedings promote efficiency and serve the interest of justice, Collins said.
Prosecutors also want the judge to deny Swallow's motion for a "bill or particulars" outlining in detail the allegations against him. They say it's premature because Swallow has not been arraigned. Shurtleff made the same request earlier. Shurtleff has also asked the judge to dismiss the charges against him.
Hruby-Mills scheduled a hearing on the pending motions for Nov. 7. But attorneys for both sides asked her Tuesday to postpone the hearing to Dec. 1.
