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SALT LAKE CITY — One of two former Utah attorneys general accused of public corruption in a highly publicized political scandal that has spanned years, could be off the hook.

State prosecutors moved Monday to drop the criminal case against Mark Shurtleff, just over two years to the day that he and his successor, John Swallow, were arrested on multiple felony and misdemeanor charges.

Davis County Attorney Troy Rawlings cited several reasons in his motion, including a recent U.S. Supreme Court ruling regarding bribery, inability to obtain key evidence from a federal investigation and concerns about whether Shurtleff could get a fair trial in the high-profile case.

"At times, justice requires the prosecutor know when to stand down. We are at that time," Rawlings wrote.

The case against Swallow will continue, according to the man prosecuting him, Salt Lake County District Attorney Sim Gill, who called them "two unique cases."

Neither Rawlings nor Shurtleff would comment Monday until 3rd District Judge Elizabeth Hruby-Mills issues a ruling. The judge also is considering two of Shurtleff's motions in later June and early July to dismiss the charges.

The former three-term Republican attorney general is charged with five felonies — three counts of accepting gifts, and one each of bribery to dismiss a criminal proceeding and obstruction of justice — and two misdemeanors accusing him of obstructing justice and official misconduct. A trial was scheduled for late October.

The charges stem from a trip Shurtleff and Swallow took to the posh Resort at Pelican Hill in Newport Beach, California, paid for by Marc Sessions Jenson, who was being prosecuted by the attorney general's office for selling unregistered securities. Jenson was released from prison last fall.

Charges also relate to Shurtleff staying at a home and flying on a corporate jet owned by St. George businessman Jeremy Johnson, who was convicted in federal court this year of making false statements to a bank. He awaits sentencing.

Prosecutors filed 10 felony public corruption charges against Shurtleff and 11 felonies and two misdemeanors against Swallow on July 15, 2014.

Swallow worked as Shurtleff's chief fundraiser during his short-lived U.S. Senate campaign in 2009. Later that year, he joined Shurtleff's office as chief deputy and handpicked successor. Swallow won election in 2012 and resigned 11 months into his first term in the midst of federal, state and legislative investigations.

The two men were initially charged together after a nearly two-year state and federal investigation, but the cases were later split. Rawlings took the Shurtleff case, while Salt Lake County District Attorney Sim Gill took the Swallow case.

Hruby-Mills later dismissed half of the felony charges against Shurtleff.

Swallow case continues

Swallow still faces 11 felonies and two misdemeanors, including racketeering, bribery, evidence tampering, misuse of public money and falsifying government records. He pleaded not guilty. A trial date is not set.

Though some of charges against Shurtleff and Swallow overlap, Gill called them "unique cases." Dismissing the Shurtleff charges will not impact the Swallow prosecution, he said.

"Mr. Rawlings has the responsibility for the prosecution of his case and his reasons for dismissal. This does not alter our prosecution of Mr. Swallow nor our commitment to the presentment of our case," he said.

But defense attorney and former prosecutor Greg Skordas, who is not connected to the case, said Swallow should be optimistic about the charges against Shurtleff being thrown out, saying what's good for the goose should be good for the gander.

Still, Skordas said Rawlings' motion takes some shots at Swallow and "tosses him under the bus a little bit."

"I think he can find some good and some bad in this motion," Skordas told KSL Newsradio.

Rawlings writes that Shurtleff has been cooperative in the investigation, providing "significant and important" information to the state "and will continue to do so, even testimony as needed."

Although the prosecutor doesn't mention it specifically, that testimony could come in the Swallow case. Rawlings notes in the motion that Shurtleff provided the Department of Justice and the Utah U.S. Attorney's Office with information about potential crimes.

Shurtleff said in an interview three years ago he went to the FBI with allegations against Swallow in 2012, the year Swallow won election to succeed him in the Utah Attorney General's Office.

Significant items remain outstanding and will likely never be obtained by the state. –State's motion

Rawlings also cited the U.S. Supreme Court's recent decision to vacate the conviction of former Virginia Gov. Robert McDonnell, which "significantly narrowed the scope" of the federal bribery statute in question, according to the motion.

The high court made it harder for prosecutors to bring corruption cases against public officials by narrowing the scope of a law that bars public officials from taking gifts in exchange for "official action."

Shurtleff's lawyer, Richard Van Wagoner, argues that delays in the case violated his client's due process rights. He also contends prosecutors cannot meet what is known as Brady/Giglio obligations, which require the state to share all of its evidence with the defense.

Van Wagoner also contends state law doesn't allow people to be charged with accepting improper gifts when they can be charged under a bribery statute for the same conduct. Prosecutors initially charged Shurtleff with bribery but changed them to accepting improper gifts.

Filing to dismiss

Defense lawyers Monday asked the judge in a court filing to dismiss the case based on their arguments rather than Rawlings' motion, which could determine which party pays court costs and attorney fees. That would ensure the case's resolution reflects Shurtleff's "substantial investment in his innocence and defense," the filing says.

Van Wagoner in a statement said Shurtleff is "gratified" that the state has "seen the wisdom" to not oppose his motion to dismiss.

Related:

Shurtleff files motion to dismiss case Saying he already has faced numerous unfair delays and that his due process has been violated, former Utah Attorney General Mark Shurtleff filed a motion Friday to have his case dismissed.

"Mr. Shurtleff and his counsel are in the process of reviewing the state’s filings and will have more to say at an appropriate time, once the court has the opportunity to review and rule on the parties’ respective submissions," Van Wagoner said.

Rawlings has requested seven days to respond.

The prosecutor also noted in his new motion the ongoing conflict with federal authorities and their inability to provide him all requested materials, including "significant items" that he says prosecutors would likely never obtain.

"The state of Utah tried. Hard. It did not work," Rawlings wrote of his efforts to obtain all the federal evidence.

The FBI originally investigated Shurtleff and Swallow for allegedly accepting gifts, bribery to dismiss a criminal proceeding, obstruction of justice, and official misconduct during his time as Utah's top cop. But the Department of Justice Public Integrity Section declined to file charges against either one.

The Department of Justice Public Integrity Section investigated both Shurtleff and Swallow after the U.S. Attorney's Office in Utah recused itself from the case, but declined to file charges against either one.

Rawlings and Shurtleff joined in asking the FBI to turn over their evidence from that investigation. Some but not all of it was released in February. Shurtleff says the government has information relating to key witnesses and allegations associated with the case, including evidence that could show he didn't do anything wrong.

U.S. Attorney's Office in Colorado, to which the DOJ assigned the case after the Utah office recused itself, said in a statement Monday it worked for more than a year to provide the information Rawlings requested.

The FBI produced hundreds of thousands of documents electronically in connection with the case and believes it has shared all relevant documents and information in its possession related to the prosecution of Shurtleff, according to Tori Solitis, spokeswoman for the Colorado U.S. Attorney's Office.

Rawlings also believes because of the enormous publicity surrounding the case that although it may "survive" a motion to dismiss, "the state is not confident enough on that … to waste taxpayer money doubling down on that bet, the motion says.

"Mr. Shurtleff's high profile has generated publicity at every turn and in every forum imaginable. The problem? Not all items in the public disclosure are fully accurate when actual evidence is juxtaposed."

Skordas said Shurtleff mounted a good defense and has some very good lawyers.

"This case was tough," he said.

Rawlings wrote in his motion that when a prosecutor decides based on fact or law that there is no longer a reasonable possibility of conviction, the case is over.

"It does not matter how high profile a case may be, which branch of government is at fault, or how many people will be disappointed and angry that the state of Utah, by and through Troy Rawlings, determined to dismiss," he wrote.

Contributing: Pat Reavy

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