A Judge has dismissed the corruption case against former Utah Attorney General Mark Shurtleff. The case against Shurtleff’s successor, former Utah Attorney General John Swallow will continue.
Shurtleff Tweeted “#Hallelujah! #Justice!” and “#gratitude” Wednesday after receiving the news that the 3rd District Court Judge Elizabeth Hruby-Mills dropped the charges against him after a two-year legal battle. Hruby-Mills cited Davis County Prosecutor Troy Rawlings’s motion to dismiss.
Shurtleff’s attorney Richard Van Wagoner said in a statement Shurtleff is delighted with the dismissal, but he’s disappointed the court didn’t reach the decision based on his own earlier motions, including claims that Shurtleff’s constitutional rights were violated. Van Wagoner said Shurtleff believes the state filed its own motion to dismiss as a means to avoid having the court address the merits of his client’s complaints.
Former Attorney General John Swallow is still facing criminal charges. Swallow’s attorney, Scott Williams says the reasons stated in Rawlings's motion to dismiss apply equally to the case against his client.
“The exact same investigative personnel were used to pursue all the investigative efforts as to both these individuals,” Williams says. “They were charged in the same charging document. Both these prosecutors signed it. Why they’re treating it so differently in terms of their approach has been a concern of mine on behalf of Mr. Swallow.”
Salt Lake County District Attorney Sim Gill is the prosecutor in the Swallow case. Gill says the two cases are actually very different.
“There was some overlap that occurred, but that overlap is squarely within the construct of state prosecution and we don’t think that it implicates any federal issues or concerns to third persons or third parties that have been the basis of the argument in the other prosecution,” Gill says.
Gill says Shurtleff’s dismissal has no influence on the case against John Swallow.
