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Former Utah Attorney General Mark Shurtleff wants the FBI and the Utah Department of Public Safety to hand over everything they have on him, several former co-workers and the men he is accused of bribing.
In a motion filed in 3rd District Court on Wednesday, Shurtleff's attorney Rick Van Wagoner outlines 30 specific requests for evidence and case files he believes will be relevant and helpful in defending Shurtleff against the 10 felonies with which the state's former top prosecutor has been charged.
The filing also referenced times when the FBI had conducted sting operations targeting Paul Nelson, the head of security for jailed businessman Marc Sessions Jenson, after the then-attorney general allegedly called the FBI and told the agency he believed Nelson was trying to broker a bribe on behalf of Jenson in fall 2007.
On Wednesday, Shurtleff's lawyer asked for copies of those documents, recordings made of conversations with Nelson at his hospital room and his parents' home, test messages, emails and "all other communications" in which "the FBI scripted, coached and made preparations and arrangements with Mr. Shurtleff and his parents for the October 2007 sting operations when Mr. Nelson approached Mr. Shurtleff."
Implicit in this request is that Shurtleff's cooperation with the FBI to root out bribery may be exculpatory information as the case progresses.
Van Wagoner also requested all search warrants sought or granted in the cases of Shurtleff and, among others, his handpicked Republican successor, John Swallow, who faces 11 felony counts and two misdemeanor charges.
Prosecutors did not immediately respond to the request, but, according to case law, defendants are entitled to access all relevant evidence that could potentially be used in their defense.
LIVE TOWN HALL: Join Tribune reporters for the free event "Swallow and Shurtleff — Anatomy of a Scandal" Wednesday night at 7 p.m. at the downtown Salt Lake City library.
Shurtleff requested copies of the "entire investigative files" kept by state and federal investigators on 10 individuals. They are:
• Nelson, for whom Shurtleff also requested information on "familial relationships that could have an impact on charging decisions by the Department of Justice." Nelson is related to Brett Tolman, who at the time of the alleged bribery attempts was the U.S. attorney for Utah.
• Jenson, who has alleged that the former attorneys general lived it up on his dime — receiving free meals, massages, golf outings and thousands of dollars in gifts while staying at his villa in Newport Beach, Calif. — and then went after him for resisting a "pay-to-play" scheme at the heart of the scandal that led to Shurtleff's arrest.
• Stephen Jenson, Marc Jenson's brother and co-defendant in an ongoing 3rd District Court case over a now-defunct venture to build a high-end Mount Holly resort near Beaver. Stephen Jenson recently asked the court to sever his case from his brother's.
• Timothy Lawson, the first person charged in the Swallow-Shurtleff saga. A Shurtleff friend and fundraiser, Lawson has been described as a "fixer." He was released from jail in January on a $250,000 bond and is due back in court Oct. 10.
• Kirk Torgensen, a former top deputy to Shurtleff and Swallow. His text messages and correspondences with Shurtleff had informed an investigation into the attorney general's office's handling of the Jenson case — which, according to a former federal judge and retired prosecutor, "defies explanation." Torgensen was removed from his administrative post by Attorney General Sean Reyes, who took over after Swallow stepped down in December.
• Scott Reed, the assistant attorney general who formerly led the criminal-justice division under Swallow and Shurtleff. He also was removed from his position by Reyes.
• Darl McBride, who recorded a meeting in which Shurtleff offered to get him $2 million — from Jenson — if he would stop his online criticism of a developer. McBride filed a lawsuit last month against the former attorneys general, alleging they conspired with Bank of America to derail a major foreclosure lawsuit, harming thousands of Utahns who would have reaped the benefit of the case.
• Mark and Alison Robbins. Mark Robbins is a businessman with whom McBride allegedly invested $268,000 after being promised a $5 million return and for whom Shurtleff allegedly intervened with McBride.
• Jonathan Eborn, who was found to have misrepresented his assets to the Federal Trade Commission and who prosecutors allege met privately with Shurtleff. The then-attorney general has been accused of offering to notify the businessman if a complaint was made against him. Swallow allegedly hit up Eborn later for $30,000 to aid in Shurtleff's campaign.
Shurtleff's filing comes a little less than a week after he asked the court to split his case from Swallow's, who, since their July 15 arrests, has been listed as his co-defendant.
Shurtleff and Swallow face a combined 23 counts, 21 of them felonies, in the most sweeping political scandal in Utah history. If convicted, each could be sentenced to up to 30 years in prison.
The two are scheduled to appear next before 3rd District Judge Elizabeth Hruby Mills on Oct. 20.
Twitter: @Marissa_Jae