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SALT LAKE CITY — Prosecutors say the criminal case against ex-Attorney General John Swallow should go forward because they did not read protected emails between him and his former lawyer.
"Contrary to (Swallow's) assertions, there is absolutely no evidence of an intentional intrusion into defendant’s attorney-client communications that resulted in the prosecution’s becoming aware of any privileged information," deputy Salt Lake County district attorney Chou Chou Collins wrote.
Swallow asked a 3rd District Court judge last month to throw out the charges against him, claiming investigators wrongfully seized protected emails between him and attorney Rod Snow.
His current lawyer, Scott Williams, argued that the thousands of emails culled from Swallow's computers and electronic devices include exchanges with Snow about detailed defense strategies and legal advice.
Collins contends that neither prosecutors nor investigators know the contents of the communications.
"Since no one on the prosecution or investigative team has knowledge of privileged communications or their contents, and because none of the information from those documents will be used against defendant, defendant cannot show prejudice from any intrusion into his attorney-client communications," she wrote.
Williams last month called the scope of breach staggering. He said Judge Elizabeth Hruby-Mills should have "no problem" finding that Swallow's constitutional rights were violated.
A hearing on the issue is scheduled for July 13.
In court documents, Williams says Snow informed investigators about the emails when they searched Swallow's home and confiscated his computers and other electronic devices in June 2014. Williams said they ignored the notice.
Swallow is charged with 11 felonies and two misdemeanors, including racketeering, bribery, evidence tampering, misuse of public money and falsifying government records. He pleaded not guilty.
