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Farmington • Allegations by the Clinton City police chief that Davis County prosecutors "bent over backwards" to show leniency toward a former police officer caused sparks to fly Thursday in 2nd District Court.
Prosecutors were recommending probation and 60 days of home confinement for former officer Dean Livingston — who pleaded guilty to a third-degree felony for reading e-mails exchanged between the chief and a lieutenant — followed by later reduction of the conviction to a misdemeanor.
But Clinton Police Chief Bill Chilson wrote to Judge Thomas Kay complaining that prosecutors were going easy on Livingston, 44, while failing to look out for the interests of Clinton City.
Davis County Attorney Troy Rawlings fired back with a scathing letter of his own, calling the chief's correspondence a "ridiculous hit-piece letter" whose "most significant misrepresentations are pure crap."
He claims the chief was consulted throughout Livingston's prosecution and was repeatedly asked what he wanted to see happen with the case.
Rawlings wrote that, at one point, Chilson and his lieutenant, Dave Valentine, said "they did not want to see [Livingston] go to prison, but that he needed to accept some responsibility."
At one point, the chief expressed being "pleased" that Livingston was pleading guilty to a felony, Rawlings wrote.
"At no time ... did Chief Chilson contact me with the concerns he has raised in his letter to allow me to address them," Rawlings wrote. "We have been suggestively defamed, blindsided and left to wonder about the motivation behind this attack."
According to charging documents and court discussion, Livingston in November accessed police files and e-mails sent between Chilson and Valentine.
Livingston was apparently anxious to learn the status of an internal investigation into his use of a police car during a relationship with a married woman.
Defense attorney Bernie Allen said Livingston was the "IT guy" and had access to passwords and programs.
Chilson was spotted in court Thursday but didn't attend Livingston's hearing. He didn't respond to a later request for comment.
Prosecutor Rick Westmoreland, who read Rawlings' letter into the record, assured the judge that Livingston was being treated the same as any first-time offender. Westmoreland said the recommendation for home confinement rather than jail is because of Livingston having been a police officer.
Allen added that he felt prosecutors were tough on Livingston by insisting that he plead guilty to a felony. Allen said he felt a misdemeanor was the proper level of punishment.
But the judge, saying Livingston had "breached the trust of the people," ordered him to serve 30 days in the Davis County jail and pay a $500 fine and $3,362 restitution as part of a 36-month probation.
After the hearing, Allen said Livingston — a 17-year veteran of the department — was initially being investigated because "he had a car someplace he shouldn't have been."
But according to the Utah Peace Officer Standards and Training Council, Livingston retired in December 2009 following allegations he was having an affair with a married woman and would drive to her home in his unmarked car. Livingston contended there was no sex, but he admitted hugging and kissing the woman, according to the council.
Later Thursday, Rawlings released this statement: "We have had multiple officers from Clinton PD express embarrassment and disagreement with the chief's letter to myself and my deputies. They hope it will not detract from the positive relationship we have had with me as county attorney and my office staff. We have assured them that it will not."
Aaron Falk contributed to this report.