SALT LAKE CITY, Utah, Aug. 5, 2016 (Gephardt Daily) — The same judge who last week dismissed corruption charges against former Utah Attorney General Mark Shurtleff has cleared the way for corruption prosecution of another ex-Utah attorney general — John Swallow — to move forward.
Third District Judge Elizabeth Hruby-Mills on late Friday denied a motion to drop charges against Swallow, and set a hearing date for Aug. 12.
Swallow’s motion to dismiss was based on the belief his attorney-client privilege was violated when his email files — containing communications with his attorney that outlined potential trial strategies, among other things — were among the items shared with prosecutors after the files were seized from Swallow’s Sandy home in 2014.
Salt Lake County prosecutors argued that the information had been provided to them unintentionally, and they had not read the communications or used them to determine criminal charges filed in July of 2014.
FBI investigators also had not read the protected information, prosecutors said.
On Friday, Hruby-Mills ruled Swallow’s Sixth Amendment rights had not been violated.
Charges against Swallow include money laundering, obstruction of justice, falsifying government records and misuse of public funds. Swallow has pleaded not guilty to all 14 felony and misdemeanor charges.
Charges against Shurtleff, Swallow’s predecessor as attorney general, were similar and in some cases related, but their case was split, with each to be tried separately.
Shurtleff had been charged with five felonies, including three counts of accepting gifts, one count of bribery to dismiss charges, and one count of obstruction of justice. He also was charged with two misdemeanors: obstructing justice and official misconduct.
Shurtleff’s charges were dropped on July 27 based on a motion filed by Davis County Attorney Troy Rawlings, who was concerned over Shurtleff’s ability to get a speedy trial.
Shurtleff’s corruption charges were dismissed without prejudice, meaning those charges could be refiled in the future.
