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Salt Lake County prosecutors are expected to rest their case Wednesday against former Utah Attorney General John Swallow.
The state has a handful of witnesses left to call, including Jennifer Bell, who, with her husband, hosted a fundraiser for Swallow at the same time the couple's home was caught up in a state foreclosure lawsuit, and Jon Isakson, an FBI agent who was part of the team that first began investigating Swallow and his immediate predecessor, former Utah Attorney General Mark Shurtleff.
Prosecutors were expected to make another run at getting Jeremy Johnson on the stand Wednesday morning. They filed a motion Tuesday for his transport from the county jail, where he is serving a 30-day sentence for contempt, after refusing to testify five days in a row.
On Wednesday, Johnson's attorney Karra Porter told The Salt Lake Tribune she had informed prosecutors that her client had not changed his mind overnight, so there was no point in bringing him to court.
The latest from Day 10 of the trial:
Defense attorneys have objected to the testimony of a federal agent who told the jury that Utah's FBI office asked the U.S. Department of Justice's Public Integrity Section not to file charges against former Utah Attorneys General John Swallow and Mark Shurtleff.
FBI Special Agent Jon Isakson said the request was driven in part by concerns over the federal statute of limitations and a desire to dig further into Shurtleff, Swallow and Tim Lawson, Shurtleff's so-called "fixer."
Isakson said agents also were talking to Salt Lake County District Attorney Sim Gill, who was interested in pursuing charges.
That is information Swallow's defense lawyers said they don't have because the state asked 3rd District Judge Elizabeth Hruby-Mills to block it from evidence in a pretrial motion. She did.
In court papers, prosecutors argued that "it is not known" why DOJ-PIN didn't think the FBI's investigation didn't warrant charges.
Swallow attorney Scott C. Williams contends that is not true and told the court Isakson's testimony was perjury.
He said he can prove that through witnesses the defense plans to call.
The homeowner who hosted a 2012 fundraiser for John Swallow told a jury Wednesday the then-candidate for attorney general was surprised to find out his host was a party in a foreclosure lawsuit the state had joined.
"I just remember surprise in Mr. Swallow's demeanor as it came up," Tim Bell said.
Bell and his wife sued Bank of America over the foreclosure of their home and settled the lawsuit in March 2012. The state joined the action on behalf of other Utahns. The settlement occurred months before the Swallow fundraiser.
The swanky fundraiser, which cost the Bells nearly $30,000, was considered an in-kind donation for Swallow's campaign. It is on the radar screen of prosecutors because the Bells' donation amount was amended from $15,000 to $1,000 at the request of the campaign in early 2013.
Under cross-examination by the defense, Bell was asked if he knew the prosecutors believe he attempted to bribe Swallow by hosting the fundraiser.
"I'm getting that idea," Bell said.
Asked if there was any truth to the assertion, the medical device distribution company owner gave an emphatic response: "None whatsoever."