This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The prosecutor leading the public-corruption case against former three-term Utah Attorney General Mark Shurtleff has renewed his request for an evidence hearing.
Davis County Attorney Troy Rawlings filed the motion Friday in response to two requests last week from Shurtleff's attorney, Richard Van Wagoner, to dismiss all or some of the charges. Rawlings is asking 3rd District Judge Elizabeth Hruby-Mills to allow witness testimonies and evidence to address Shurtleff's assertion that his right to a speedy trial was violated by delays in the case, which was originally filed in July 2014.
Shurtleff has pleaded not guilty to five felonies and two misdemeanors, including official misconduct and obstructing justice. He has asked that the entire case be dismissed. In another motion, he asked that the three counts of accepting prohibited gifts be dropped. A trial is set for October. If convicted, he could face up to 30 years in state prison.
The charges stem from a multiyear investigation into the alleged misconduct and bribery of Shurtleff and his successor, former Utah Attorney General John Swallow, who faces 14 separate charges.
Rawlings also is asking to file up to 11 exhibits under seal — including investigators' affidavits that purportedly rebut some of the allegations in Shurtleff's motion — that he says will show the court why an evidentiary hearing is necessary while protecting Shurtleff's right to an impartial trial.
"Full and accurate facts are critical so the state of Utah can properly frame a response and assist this court in making necessary findings from an evidentiary record and not from mere pleadings," Rawlings' request reads.
In addition, a new Supreme Court ruling may affect the charges saying Shurtleff accepted lavish gifts, such as trips to a Southern California resort and plane rides, by creating a stricter standard to prove the accusations. If any of those charges are dismissed, Rawlings' motion states, the prosecutor doesn't want to give "fodder" to Shurtleff's attorney to argue for an unfair trial.
The motion was filed late Friday, so it was not immediately clear how Hruby-Mills might respond.
Twitter: @CourtneyLTanner