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SALT LAKE CITY — Former Utah Attorney General John Swallow wants state prosecutors to get and turn over Department of Justice investigative reports that resulted in no public corruption charges against him.
Swallow's lawyers filed a motion Wednesday asking a 3rd District judge to order the Salt Lake County District Attorney's Office to produce the evidence they believe would be favorable to him. They also argue they need the materials to ensure due process and a fair trial.
The DOJ Public Integrity Section declined to prosecute Swallow and his predecessor, Mark Shurtleff, three years ago after conducting its own investigation. Still, several local FBI agents stayed on the case, working with state and county investigators.
Defense attorney Scott Williams contends at least some of the local investigators and prosecutors are aware of the reasons the DOJ decided not to file criminal charges against Swallow.
"It is understandable that these heavily invested and chagrined agents would prefer that Mr. Swallow (and the public) not know why the experts at DOJ/PIN concluded charges were not warranted, since such a decision runs directly contrary to the state’s present prosecution," Williams wrote. "However, the basis for such reasons are obviously likely to tend to expose exculpatory evidence regarding the case against Mr. Swallow."
Davis County Attorney Troy Rawlings cited the federal government's unwillingness to produce that evidence among the reasons he dropped charges against Shurtleff this summer.
Swallow faces 11 felonies and two misdemeanors, including racketeering, bribery, evidence tampering, misuse of public money and falsifying government records. He has pleaded not guilty. A trial is scheduled for February.
