Ex-Utah AG John Swallow gets new trial date, but he still wants case dismissed

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SALT LAKE CITY — Former Utah Attorney General John Swallow got a new trial date after a judge refused to dismiss the criminal case against him.

At a conference in Third District Court on Friday, Judge Elizabeth Hruby-Mills set a 16-day trial for Swallow beginning Feb. 7, 2017. Swallow was not present for the hearing.

The conference was days after Judge Hruby-Mills refused to dismiss the case. Swallow’s defense attorney argued that prosecutors had violated his rights by gathering privileged attorney-client emails as part of their evidence gathering. The judge ruled it did not violate his Sixth Amendment right.

File Photo: John Swallow

File Photo: John Swallow

Outside court, Swallow’s defense attorney, Scott Williams, told FOX 13 he was still considering an appeal on that issue.

“There will be further motions in this case that seek dismissal as a remedy,” he said.

Swallow also plans to pursue a motion for a new preliminary hearing. The former Utah Attorney General previously waived his right, but now seeks to argue that he did not fully have all the information to make the decision. Prosecutors are expected to oppose that.

Salt Lake County prosecutors declined to comment as they left court.

Swallow is facing felony corruption-related charges. He and his predecessor, Mark Shurtleff, were accused of accepting gifts and donations from people facing investigation by the Utah Attorney General’s Office. Swallow has maintained his innocence, but resigned after about a year in office in the face of numerous investigations.

Davis County Attorney Troy Rawlings dismissed the crime case against Shurtleff, criticizing the federal government for not handing over evidence he believed was key to the prosecution effort. Williams told FOX 13 on Friday that would

“There’s a great deal of failure to cooperate by especially the FBI and other federal agencies. Those things were litigated in the Shurtleff case. They didn’t come to conclusion or fruition because the case came to conclusion,” he said. “We believe they apply in this case.”