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Attorneys for Curtis Michael Allgier on Wednesday alleged the murder suspect is being unfairly targeted by guards at the Salt Lake County jail and that his attorney-client privileges are being violated by officers who are reading his mail and possibly providing videotaped meetings with his lawyers to prosecutors.
At a status hearing in 3rd District Court, attorneys Ralph Dellapiana and David Mack said Allgier is mistreated by guards who simply "don't like him." Of more concern, attorneys said, is a pattern of guards sorting through Allgier's legal mail and recording attorneys' visits.
Dellapiana told Judge Paul Maughan that guards taped a meeting attorneys had with Allgier, made four copies and "distributed it somewhere."
He said attorneys have quit sending Allgier mail out of concern that documents detailing the defense team's strategy, discussion of evidence and other protected information are continually reviewed by guards who could be leaking contents to prosecutors.
He said he knows of an example in which Allgier's legal mail had been sent to the Salt Lake County District Attorney's Office from the jail.
"This is protected information that nobody gets to look at," Dellapiana said.
Corrections Bureau Chief Deputy Rollin Cook called the accusations "absolutely false" and said Allgier undergoes tight surveillance as a high security threat.
"He is considered to be the most dangerous prisoner we've had in a long time," Cook said.
Allgier, 31, is charged with capital murder for allegedly killing 60-year-old Corrections Officer Stephen Anderson on June 25, 2007. Anderson reportedly unshackled Allgier for an MRI scan at a Salt Lake City medical clinic when Allgier grabbed Anderson's gun, shot him and escaped. He was apprehended when a citizen disarmed him as the two wrestled inside an Arby's restaurant.
Dellapiana questioned whether the jail has delayed providing 726 videos of Allgier walking in and out of his cell — evidence he plans to use to document Allgier's good behavior in jail. He said "a whole bunch are missing," and he wonders if guards have misplaced evidence showing possible abuse of Allgier or are trying to cover up evidence of good behavior.
"Why in three years haven't they given them to us?" Dellapiana asked. "What are they trying to hide?"
Maughan on Wednesday ordered the jail to provide the requested tapes.
He said allegations that attorney-client privilege has been violated concern him.
Maughan set a date to hear arguments in the case for Jan. 12.
"It troubles me that they're looking at these papers ... and disregarding attorney-client privilege," Maughan said.
After learning about Dellapiana's claims in court following Wednesday's hearing, Cook said jail staff had been prepared to give copies of videos to Allgier's defense team next week. Compiling the tape is time consuming, he said, because jail staff members record every move Allgier makes. Allgier is accompanied by two officers and fully restrained whenever he leaves his cell.
"The reason he's never been a problem is because of the professionalism and the great lengths our staff go through to make sure he doesn't do anything again," Cook said.
Prosecutor Vince Meister said during Wednesday's hearing that the jail reviews inmates' mail for a reason.
"It wouldn't be the first time someone stamped 'legal mail' on something and it wasn't legal mail," Meister said.
But Dellapiana said jail guards who "only have a GED" aren't qualified to determine the contents of legal documents.
"It is so offensive for a jail guard to tell an officer of the court that 'I am going to evaluate what you have in the folder,' " Dellapiana said.
He also said guards go out of their way to discipline Allgier, citing an example of a jail employee giving Allgier two sandwiches, presumably by accident. Allgier was later written up for eating an extra sandwich — a violation of jail rules, Dellapiana said.
He said his client isn't receiving full privileges to eat from the jail's canteen and has dropped in weight from 220 pounds to 173 pounds as a result.
Cook said Allgier receives the same mail privileges and 2,800 calories a day as other inmates. He said Allgier regularly files grievances with the jail staff, which administrators review and usually determine to be unfounded, Cook said.
"Mr. Allgier is a master manipulator. This is what he does on a regular basis," Cook said, referring to claims he is abused at the jail.
Cook noted that Allgier's attorneys have asked for security in their meetings with Allgier after he allegedly made threats on his own attorneys' lives. Cook said he couldn't disclose whom Allgier threatened.
Allgier's trial is set for next spring.
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