Standard-Examiner: Stewart's Lawyer Keeps on Attack

There are more significant technical developments in the 1/4/12 Ogden Shootings Story, thanks to the latest Tim Gurrister story which popped up on The Standard-Examiner's online edition just a few hours ago:

• Stewart's lawyer keeps on attack

Although Mr. Gurrister's story is a mite disjointed and disorganized, we'll do our best to clear it up, and put it all in a more readable context:

1) According to Mr. Gurrister, three motions "will be 'aired' at the next status conference, set for March 19 before Judge Hyde."

Translation: That's when all pending motions will be "argued."

And here are the motions which will be reportedly argued on that date:

a) Richards Defense Motion: Renewed motion for a restraining order "to prevent destruction of evidence" by the prosecution;
b) Richards Defense Motion: Third discovery motion complaining that discovery materials have not been supplied to Stewart's Attorney of Record, and also alleging that prosecutors would release them only to his newly-appointed public defender team;
c) Prosecution Motion: the earlier-discussed "gag order" remains pending.

2) Here's the essential fact timeline to date:

• Within a few short days of the tragic 1/4/12 Ogden Shooting incident, the Stewart family retains Mr. Richards to defend Defendant Matthew Stewart;
• Between 1/4/12 and February 11, 2012 Attorney Richards files a series of discovery motions.

2/11/2012:

• Attorney Richards files a notice of indigency on behalf of defendant Stewart, declaring that his client's funds are "depleted," and requests appointment as a Rule 8 public defender to defend.
• Deputy Weber County Attorney Chris Allred, a non-prosecutor who oversees the county's contracts for public defenders (and yet also works for the same Weber County Attorney's office which employs the prosecution team), tells Judge Hyde, the 2d District Court Judge assigned to this case, that "We will not be offering a contract to Mr. Richards." Notably, no explanation is offered by Mr. Allred in re why The Weber County Attorney's Office would like to suddenly "boot" the heretore defense attorney (Richards) in this case.
• Judge Hyde appoints a couple of "nobodies," Ryan Bushell and William Albright, to defend Stewart, despite the fact that Attorney Richards is URCP Rule 8 qualified and regularly serves as a public defender in Weber County public defender cases.
• Somebody (Mr. Gurrister's story doesn't tell us "who") asks Attorney Richards to withdraw from the case.

3) There are also several curious, seemingly out-of-context but nevertheless troubling story elements and unsourced quotes which Mr. Gurrister inexplicably (but helpfully) "drops into" this morning's S-E story:

"Randy [Richards] made a comment several years ago about how he is against the death penalty and is going to do all in his power to make it expensive for the county ... the county was steamed about that," said one official close to the proceedings. The comment was reported in the media, he said, and made relations hostile."

"The same prosecutors and Richards butted heads over Riqo Perea and Jacob Ethridge, from 2007 through 2010, both potential death penalty cases where Richards strung things out with voluminous motions."

"Perea and Ethridge were both accused of double homicide, and the cases featured motions from Richards for a year or more before trial. Prosecutors eventually dropped the execution option without comment for both, in Perea's case on the eve of trial."

"Smith and Richard were law partners before Smith became county attorney."

Read between the lines, folks.

What should be obvious here is that there's been some kind of underlying beef simmering between Weber County Attorney Dee Smith's office and Ogden's possibly most zealous and successful criminal defense attorney (Randy Richards), which raises some all-to-obvious questions:

Has the Weber County Attorney's Office used its misguided power to appoint "prosecution friendly" public defender defense counsel in this case? Is Dee Smith still reeling from attorney Randy Richards' successes in the Riqo Perea and Jacob Ethridge cases? Is the deck already stacked? Has the prosecutor leaked the incriminating "facts" to the media and yet refused to let the defense know the exculpatory "facts"? Is there any way that Matthew Stewart will get a fair trial in Weber County? Are there unresolved issues between Dee Smith and his former private law firm which might operate to explain his "bloodthisty tactics" in this case? Did Dee Smith leave a lucrative position in his former private law firm to "serve the Weber County Community"? Or was he just another lawyer who tuned to the public sector for steady, well paid employment, "when he couldn't quite 'cut it' in private practice as a private attorney"? Is attorney Richards far too effective to be appointed to battle Dee Smith's "weak" prosecution drones? Is Dee Smith promoting his career, rather than seeking a true "just" outcome in this matter?

So many questions... so few answers.

Inquiring minds need to know.

Just axin'.

Standard-Examiner: Two Contenders for Utah Attorney General Offer Varied Experience

Don't be a tool of the Democratic and Republican establishments, who've essential rigged the system... Please join your blogmeister in voting for Andrew MCullough on November 6

In the interest of kicking off a little Sunday morning discussion on an otherwise slow political news day, well highlight this morning's Standard-Examiner story, putting the focus on the differences between Democratic Party candidate Dee Smith and GOP candidate John Swallow in the 2012 General Election Utah Attorney General race:

• Two contenders for Utah Attorney General offer varied experience

Informative though this morning's SE story is intended to be however, it unfortunately misses the mark and doesn't cover the full field of candidates running this year for Utah's A.G slot, which in truth includes three candidates... not two:

Attorney General State of Utah - 4 year term

Candidate	Website/Contact Info	Campaign Finance Disclosures	Party
Dee Smith	Dee Smith Campaign Website	Dee Smith 2012	Democratic
Andrew McCullough	Andrew McCullough Campaign Website	Andrew McCullough 2012	Libertarian
John Swallow	John Swallow Campaign Website	John Swallow 2012	Republican

That's right, folks, there's a superbly well-qualified Libertarian candidate running for Utah Attorney General, namely Andrew McCullough, A Utah Attorney who has more trial experience than candidates Smith and Swallow rolled together.

For more info on the Utah A.G. candidate whom the Standard-Examiner mysteriously left out of the discussion, check out Mr. McCullough's campaign website:

• Andrew McCullough For Attorney General of Utah

As an added bonus, we'll also link to an October 18, 2012 post from Mr. McCullogh's blog, which frames the general problem existing in our American "two-party system" (so-called), wherein legitimate third party candidates are all but completely squeezed out of the political discussion by default:

• The Important Fight for Freedom

Andrew McCullough's been capably practicing law in a variety of arenas since candidates Smith and Swallow were still in knee-pants.

And if you're seriously concerned about civil liberties, a vote for McCullough ought to be a slam dunk choice, it seems to us.

Don't be a tool of the Democratic and Republican party establishments, who've essentially rigged the system. Please join your blogmeister in voting for Andrew McCullough on November 6.

Standard-Examiner: Dee (Smith): Attorney General Campaign Won't Hurt Current Job

With a little luck, Smith will find some time to campaign between press conferences

It's official, folks. As the Standard-Examiner predicted last week, Weber County Attorney Dee Smith has now filed as a candidate for the Utah Attorney General's Office:

• Dee (Smith): Attorney general campaign won't hurt current job

With a little luck, Smith sez he'll find the time to campaign between press conferences.

In an interesting wrinkle to this story, the Standard also reports that Smith's candidate filing has apparently prompted Libertarian Andrew McCullough to throw his hat into the ring with his own Utah Attorney General candidacy.

“We’re against the death penalty, and he's a death penalty guy,” McCullough said. “So I had to file.”

Great to hear that Utah death penalty opponents will have this most excellent option, we believe.

"Feud" in the Case of Accused Ogden Cop-killer Takes the Weber County Attorney Off the Deep End

So what about it, O Gentle ones? Does this case get crazier with every passing minute, or what?

There's more highly disturbing news this morning in connection with the 1/4/12 Ogden Shootout case.

When folks, have you ever seen a county attorney call a press conference solely to lambaste a private defense attorney in a high profile murder case? The answer, folks, is never. Ethically-inclined public prosecutors don't due that. Well... not until yesterday, that is. In that connection, the Northern Utah news media is all abuzz this morning over yesterday's press conference, about which a variety of news media, everyone from the Standard-Examiner, the Deseret News, ABC4 News to KSL News are feverishly reporting that Weber County Attorney Dee Smith publicly "called out" Defendant Matthew David Stewart's private defense lawyer Randall Richards, accusing him of spreading "misinformation and misrepresentations," “playing games” with the court, and engaging in other purported "shenanigans."

Here's the KLS video on this story. Believe us folks, you're not going to believe your own eyes. Decide for yourselves whether County Attorney Smith has finally "gone off the deep end" (to adopt a little lay psychological parlance):


Mr. Smith's performance has to be the worst public display of professional public misconduct we've witnessed within memory. If County Attorney Smith had set out intentionally to "taint" the potential Weber County jury pool and provide defendant Stewart with another fact element to support an iron-clad basis for appeal upon any possible conviction in this matter, Mr. Smith could not have picked a more effective tactic.

There's been some public discussion centering on the question of whether Defendant Stewart will seek public funds to hire a psychiatric expert to serve as a possible defense witness in this case. Our suggestion... the Weber County Commission should immediately appropriate money to hustle Weber County's top prosecutor for his own psychiatric examination, to determine whether he's sufficiently of sound mind to continue to serve as the top lawyer in this case.

If Mr. Smith requires a forum to vent his childish frustrations, a public press conference is not the place to do it. The Utah Rules of Court provide an appropriate venue within the 2d District court, where the Utah v. Stewart matter is pending. If Mr. Smith believes that Mr. Richards has engaged in any misconduct, Mr. Smith should petition presiding judge Hyde to issue sanctions against Richards. Smith is an experienced lawyer himself, of course, so he's obviously aware of that remedy. With that in mind, Mr. Smith's motivations for this latest egregious public misbehavior become all the more bizarre and mysterious. Mr. Smith's latest attempt to try the matter in the press is an dangerous and mendacious tactic. Perhaps Mr. Richards should himself consider seeking similar sanctions against Mr. Smith. Who knows... maybe Smith and Richards should even adopt the traditional Ogden approach... and settle this in the parking lot.

So what about it, O Gentle Ones?

Does this case get ever crazier with every passing minute, or what?

Standard-Examiner: Weber Commission Chambers Designated as Gathering Site for Rally in Support of Matthew David Stewart - Updated

Weber County officials take steps to guard against the possibility of finding "unsightly" protesters under foot

 “It’s good to be living in the United States of America.”

Commissioner Jan Zogmaister - Standard-Examiner
Weber County provides space for protesters
May 16, 2012

The Standard-Examiner reports this morning on an interesting peripheral development in connection with the Matthew Stewart shootout case. As several other news media sources have previously reported, supporters of defendant Matthew Stewart are planning a May 18 rally for Stewart, which will begin at noon on the front steps of the Ogden Municipal Building, 2549 Washington Blvd.  "After the speakers’ remarks, the group will cross Washington Boulevard and head to the Weber Center, where another presentation will take place."

Here's the latest development: In the interest of  not jamming up the small reception area within County Attorney Dee Smith's office, our Weber County Commissioners have "graciously" provided access to the County Commission Chambers as a "designated protest area," which will remain open  to protesters from 11:30 a.m. to 5 p.m.

Check out the free online Jesus Lopez story:

• Weber commission chambers designated as gathering site for rally in support of Matthew David Stewart

Read S-E reporter Lopez's expanded Digital Edition story here:

• Weber County provides space for protesters

Putting it all in context, we'll note that these uniquely "American-style," specially designated "free speech zones", (which are sometimes "lovingly" referred to by civil libertarians as "free speech cages,") are the latest rage amongst government bureaucrats to guard against the possibility of finding "unsightly" protesters under foot.

Several Sodden Queries for our Gentle WCF readership:

• Will the shuffling off of Friday's protesters to a Weber County Center "back room" amount to an abridgment of these folks' First Amendment rights?
• If the second leg of Friday's rally is held in the County Commission Chambers, will County Attorney Dee Smith or anyone else in the Weber County government "leadership loop" even notice that a public demonstration is going on?
• Will these arrangements ultimately prove acceptable to the protesters themselves?
• Will Friday's protesters be content to remain confined within the "designated protest area"?
• According to this morning's story "Protesters will be allowed to remain in the area as long as they do not endanger anyone’s health, safety or welfare," raising the additional question: Do Weber County authorities expect acts of civil disobedience?
• Will Friday's rally provoke another "unsightly" Dee Smith press conference?

So many questions... so few answers...

We'll be keeping a close eye on this one folks.

Ain't America great?

Update 5/16/12 10:00 a.m.:  More info on Friday's rally, via the Help Matthew Stewart website:

• POW: Protest the violent war on drugs and support Matthew David Stewart

Update 5/16/12 10:30 a.m.: Well Lo and Behold, rally supporters have transmitted to us a press release, filling in a few more details concerning Friday's rally:

• Supporters: Stewart is a POW, “Prisoner of War on Drugs”

It's dated 5/15/12. Note to self: "Check out your WCF email inbox a little more frequently."

Utah Supreme Court Throws Out Ogden Gang Injunction

When it comes to personal liberty, it's encouraging to observe a Utah Supreme Court which will not tolerate "shortcuts."

No Shortcuts

Blockbuster news from the Salt Lake Tribune and the Standard-Examiner, as the Utah Supreme Court summarily guts Weber County Attorney Dee Smith's signature anti-liberty, anti-gang law enforcement injunction "masterpiece":

• Utah Supreme Court throws out Ogden gang injunction
• Utah Supreme Court strikes down Weber County's anti-gang injunction

By way of overview, folks, Friday's decision involved two "consolidated" cases. The first was a direct appeal from an injunction entered against Ogden Trece, Ogden's notorious criminal street gang. The second was a petition for an extraordinary writ brought by three alleged Trece members who were personally served with the injunction.

And here's what the court decided, wherein we'll liberally incorporate the language of the court ruling, with the unsightly "legal citations" omitted, and "emphasis (occasionally) added," just for clarification and simplification:

1) The Court lacked appellate jurisdiction, because the so-called individual Appellants (Roman Hernandez, Chase Aeschlimann, and Jesse Aeschlimann) were not real parties in interest to this lawsuit. "Since none of the so-called appellants were parties to the case, they are not entitled to an appeal as of right. Under applicable rules, it is the service of process, the affirmative act of filing suit, or the act of seeking to intervene as a party that subjects one to the jurisdiction of the court and puts him on notice that he is subject to ongoing court proceedings.” Mere notice of or appearance in proceedings is not enough. Even though the district court allowed the so-called appellants to be heard, they were not named parties and never filed motions to intervene. They were therefore not entitled to appeal and we lack appellate jurisdiction over the appeal." In Short, it was the Trece Gang which was named in the original lawsuit, and not any of these individual litigants.

2) The court did have jurisdiction to consider these individuals' Petition for an Extraordinary Writ, in order to clarify their legal rights with respect to the permanent injuction. These individual Petitioners "filed a petition for extraordinary writ directly with this court. Pursuant to the Utah Constitution, we have “original jurisdiction to issue all extraordinary writs.” This is the proper vehicle by which nonparties to a lawsuit may challenge a district court’s order. A petition for extraordinary writ filed with the appellate court provides an adequate remedy in light of the appellate court’s obligation to give due regard to principles of due process.” Thus, we have jurisdiction to consider their petition and turn to the merits of their claims," the Court said. Inasmuch as these three individual Petioners arguably suffered "wrongful restraint on personal liberty" so long as the subject injunction remained in effect, they were well within their rights to seek relief through the Utah Supreme Court.

3) Trece is an unincorporated association which is amenable to suit."...Trece transacted its business under a “common name” under rule 17(d). Because Trece (1) transacts business (2) under a common name, it is an unincorporated association amenable to suit." So technically, the Ogden Trece gang can be sued and enjoined, theoretically at least, provided our Weber County Attorney isn't too lazy to do the necessary footwork.

4) Trece was not properly served with process.  The devil's in the details when purported service of court papers occurs through publication, rather than direct service, of course.  "The party seeking to effectuate service through publication must exercise reasonable diligence in attempting to identify and then personally serve an officer or managing or general agent or his equivalent. At no time during the [original court] hearing did the County make any assertions that it had exercised reasonable diligence in attempting to identify or serve an officer or a managing or general agent of Trece," the court held. So far, at least, it seems the Dee Smith and his crack crew of "legal eagles" have so far adopted "the lazy" approach.

5) No attorneys fees for the Petitioners' attorneys."Petitioners have failed to articulate any argument or cite to any authority supporting their entitlement to an award of attorney fees when a permanent injunction is vacated. We accordingly deny their request for fees."

There you have it, O Gentle Ones.  Easy as pie, innit? From the point of view of Weber County Attorney Dee Smith, it's now back to the drawing board, we suppose.

For those WCF readers who'd like roll up their sleeves and dive into the "original" source material, here's a handy SCRIBD embed of the Full Utah Supreme Court decision:

Weber County v Ogden Trece:

When it comes to personal liberty, it's encouraging to observe a Utah Supreme Court which will not tolerate "shortcuts."

The floor's open for you comments.

Don't let the cat get your tongues.

Salt Lake Tribune: Alleged Ogden Gang Members Plan Suit Over Injunction

Hopefully Weber County's malpractice insurance is fully paid up

Notable development in the Ogden Trece Gang Injunction matter, as the Salt Lake Tribune reports this morning that in the wake of the Utah Supreme Court's October decision, which "threw out" the Weber County's vaunted anti-gang injunction lawsuit on the grounds of defective service of process, the taxpayers of Weber County now find themselves at risk of significant economic blowback, as "defense attorney Michael Studebaker, who represents some of the alleged gang members, has filed a notice of claim detailing his intent to sue the county and police." Yesiree folks, there's a lawsuit coming up, with a potential Weber County taxpayer liability which could amount to as much as ten million bucks:

• Alleged Ogden gang members plan suit over injunction

"It’s the appropriate measure to take simply because these people were wrongfully enjoined," Studebaker said Wednesday. "My clients’ rights were violated. ... These people should be compensated for the actions of the government and what they did."

Undaunted by this latest setback, Weber County Attorney Dee Smith however "endeavors to persevere" and vows to "soldier on":

Weber County Attorney Dee Smith declined to comment on the potential litigation. He said prosecutors continue to work on a way to fix the issue with how the injunction is served, and hopes to put it back in place.

"The gang injunction is something that is important to this community," Smith said. "We intend to move forward with it."

It'll be fascinating to find out whether Smith can "pull a rabbit out of his hat," and salvage a situation which appears, at this juncture at least, to be a Michael Studebaker legal "checkmate." 

The sodden and thorny question, of course: How do you go about serving a loose "association" of individuals who have no "formal" leadership structure?

Hopefully the County's malpractice insurance is fully paid up.

We'll of course keep you all posted on future developments in this matter, folks.

1/4/12 Ogden Shootings Story: Three More Items From the Standard-Examiner

We'll once again focus the WCF spotlight on three new items concerning the fast-developing 1/4/12 Ogden Shootings story which have been uploaded to the Standard-Examiner website and/or have been published in the print edition since our last update. As to the first two of these, a Scott Schwebke story, and a reader-submitted Letter to the Editor, we'll simply continue to play the reduced role of a story aggregator, and furnish the links, without offering any further editorial commentary of our own:

• Stewart expected to stay at hospital
• Home invader may shout: "Police"

With regard to story #3, we'll expand our discussion, as this new story does offer the invitation for consideration of some background issues which truly open up a can of worms, wethinks, concerning the early treatment of this matter by the Weber County Attorney's Office as a "Capital Murder," "Death Penalty" prosecution.

As a followup to a story which first appeared several days ago on the S-E website, we'll refer our readers to an updated (1/20/12) story, which sets forth the burden that this latest homicide case places on our already heavily overloaded County Prosecutor's Office. The concise lead paragraph provides the gist:

OGDEN -- Handling three major cases at the same time is having an impact on the Weber County Attorney's Office. "We're maxed out," Weber County Attorney Dee Smith said of the drain of three major investigations under way simultaneously.

Read the full story here:

• Weber County Attorney's Office feeling weight of 3 major cases

With three major cases now pending, Dee Smith's already overworked public law office is seriously feeling the heat; but that's only half of the problem, wethinks; and here's the other half of whole troublesome ball of wax, as we see it:

Notably, on the S-E site a couple of days ago a S-E reader identifying himself as Colorado Deputy State Public Defender Bill Schurman posted a comment which we believe to be well worthy of some discussion:

Going for the death of Mr. Stewart will surely weigh down your Office like you have never seen, Mr. prosecutor. It will be more than the self-serving arrest warrant affidavit. As an attorney in Colorado involved in death cases you'll rue the day that you announced death. If you are a little busy now just wait.

While we don't know whether this S-E commenter guy was an imposter or not, we do believe the guy "nails it." The difficulties are compound in death penalty cases too, folks. Here are a couple of web-based resources you can all check out, just to give you "the drift."

First, and "for starters," the whole approach to defense counsel representation is much more complicated in death penalty cases, than in garden variety felony cases. Specifically, Utah death penalty defense lawyers must fulfill the quite rigorous requirements of Utah law, the details of which are statutorily set forth in the Utah Rules of Criminal Procedure:

• Utah Rules of Criminal Procedure Rule 8. Appointment of counsel

We're making the assumption that Defendant Matthew Stewart will be entitled to the services of the Public Defender's Office, by the way. We'll have more on that assumption further down this article.

Remember, people. Death penalty-qualified defense lawyers don't grow on trees, due to the aforementioned stringent experiential qualification requirements for death penalty defense counsel.

And here's another good link, an eye-opening S-E article dated June 6, 2010, going into some of the other issues concerning the most recent difficulties of defending death penalty cases in Weber County, and also containing some very good nuts-and-bolts insight on this subject from our old pal, Ogden-based Public Defender, Bernie Allen, now that the tightwad genii in Weber County government have all but dismantled the Weber County Public Defender's Office:

• Weber to pull nearly $250,000 from county budget in '10 to cover death penalty cases.

Among other things, Ace Attorney Bernie mentions that a first class criminal defense will cost, as a rule of thumb, "close to a million dollars for each case," whereas the cheapskates in Weber County government have reduced appointed defense council compensation to... get this:

The rule of thumb for a minimum paid to public defenders in a capital case is [now] a flat rate of $100,000 per case, Allen said, which can equate to $28 an hour given the time commitment needed for an appropriate defense.

And laughably, according to Attorney Bernie, Weber County is pretty much a deadbeat, even in actually paying up these drastically reduced legal fees.

Factor in the required two (count 'em 2) death penalty qualified Capital Murder defense lawyers who'll have to "split" this pittance, and that works out to $50K apiece, not counting the dough they'll have to shell out hiring investigators, conducting pre-trial discovery, and every other expensive detail which goes into defending a Capital Case.

Think about it folks. Why would a competent Utah felony defense attorney even think about getting involved in a major capital murder case which will yield little more than $50 grand in fees, before expenses, when the average felony case will yield just about the same amount, with a lot less overhead, after a mere half-dozen or so court appearances? Nobody in their right mind, that's who.

And what's going to happen when Mr. Stewart possibly gets convicted because Weber County officials only authorized and approved funding for a "cheap-ass, cut-rate, low budget defense?"

The next thing that will happen, assuming that Stewart might get convicted in this twisted scenario is that an upper appellate court will likely go along with what Attorney Bernie suggests in the above S-E story:

"Conviction over-ruled and set aside: 'due to 'ineffective counsel.'"

Here's an informative article on the topic:

• Indigent Defense in Utah: Constitutionally Adequate?

Moreover, even though prosecution and defense counsel sit at tables on opposite sides of the courtroom, the taxpayers will be footing the full bill for the whole upcoming dog and pony show; and the Weber County taxpayers are the ones who'll finally get seriously nicked once again, once the smoke clears on this unfortunate situation, after the politically ambitious County Attorney Dee Smith takes his deep "post performance bow," of course.

Food for thought, People.

Standard-Examiner: County Attorney to Discuss Stewart Case

More hypocricy from the Weber County Attorney's office?

Breaking news in re the 1/4/12 Ogden Shootings story from the Standard-Examiner! Weber County's cockeyed, loose cannon county attorney Dee Smith, whose goose-stepping prosecutorial minions are even now urging presiding Judge Hyde to issue a gag order, nevertheless is talking out of both sides of his face, and is now, inexplicably, preparing to further taint the Weber County jury pool, with yet another friggin' press conference. Seeing is believing, fair-minded WCF Readers. Read up:

• County attorney to discuss Stewart case

All we can say is that this Weber County Commission appointed prosecutor Dee Smith needs to be quickly ushered off the public stage, when he comes up for election two Novembers from now.

And what say you, O Gentle Ones?

Matthew Stewart Preliminary Hearing Set for July - Updated

Here are today's stories, along with our own take... who'll be the first to chime in on this?

Unlike Saturday, when all major Utah media were reporting lemming-like, about the vague inflammatory hearsay statements of the one and only search warrant "return" that's actually been placed in public view in re the 1/4/12 Ogden Shootup case, only two steadfast (although yawning) Northern Utah Media reporters were found sitting in 2d District Judge Hyde's 3d floor courtroom, notebooks in hand, for this morning's much-touted Status Conference. Here are their post-hearing stories, for what it's worth:

• Preliminary hearing set in fatal Ogden shootout
• Stewart preliminary hearing set for July

Yep. There are a few basic things they (one or the other, or both) got right; such as the facts that this matter was tentatively set for Preliminary Hearing on July 18-20, and that today's Status Conference was rescheduled to May 14, 2012 .

Here's however what these apparently sleepy reporters missed, or otherwise failed and neglected to report:

• The July 18-20 preliminary Hearing date is what's locally referred to as a "soft setting;" and more likely than not, this hearing will again be ultimately continued to a later date.
• Despite County Attorney Dee Smith's public representations that Weber County prosecutors have already "filled" Defense Councils' discovery requests, appointed Public Defender Albright informed the court this morning that defense discovery requests have NOT BEEN COMPLETED, and that Defense Council doesn't expect such requests to be completed for even yet "another couple of weeks."
  
• Although Judge Hyde did orally modify his earlier order, now (as of this morning) allowing Richards' Weber County-located appointed co-counsel, Ryan Bushell, to "also sign motions written by Richards," the main reason for this seems to be, according to reliable WCF courthouse sources, that "appointed" lead Public Defender attorney Albright is "not computer savvy," operates his "law office" "out of his house," and doesn't even own a fax machine. (No. We are NOT making this up.)
• Prosecution council adamantly and inexplicably opposed Attorney Richards' above "housekeeping type" request, and demanded formal motions, moving and reply papers and argument on this silly issue, which leads us to believe there does exist "bad blood" between the politically ambitious Weber County Attorney Dee Smith and his former partner, Defense Council Randy Richards.
  
• Neither the Standard-Examiner nor the Salt Lake Tribune even mentions pending defense motions, which will apparently be scheduled for some uncertain future date.
• Public Defender Albright, who had heretofore failed to lodge his Rule 8 Capital Murder qualifications with the court, represented to the Court that's he'd belatedly filed them only earlier this morning. This is NOT the kind of Defense Council lapse which should inspire confidence, we'll suggest.
  

There are today's stories, along with our own take, both implied and expressed.

Who'll be the first to chime in on this?

Update 3/20/12 8:21 a.m.: The Standard carries an update story in the S-E print edition this morning, focusing on the fact that the three-day preliminary hearing set for July 18-20 "is the longest time in recent memory for a preliminary hearing," and that Judge Hyde has heightened courtroom security to heretofore unusual levels, "locking the doors to the courtroom while all hearings are in session," and dividing Stewart supporters from pro-prosecution attendees on opposite sides of the public courtroom gallery:

• Three-day prelim set for Stewart; family website gets fundraising permit

Conspicuously missing from Mr. Gurrister's story is a link to Defendant Stewart's support website, although the restoration of fundraising is mentioned both in the story headline and the body of Mr. Gurrister's new writeup.

Pre-convention Candidate Overview: A Glimpse of How Weber County's 2014 Election Candidate Pool is Shaping Up

Added bonus: A tantalizing chance to change the Ogden School Board balance of power within the span of one single year

There's important new information coming from the Standard-Examiner this morning, as we eagerly embark upon the 2014 General Election season. Here's the intriguing lede from this morning's story, a joint collaboration of journeyman S-E reporters Bryon Saxton, Tim Gurrister and Cathy McKitrick, who report, among other things, that we'll have a brand-new Weber County Attorney by January, 2015:

Weber County's lone elected Democrat -- County Attorney Dee Smith -- has chosen not to seek re-election. But Deputy County Attorney Chris Allred, a Republican who has worked in the County Attorney's office for 17 years, filed earlier this week and attracted a last-minute GOP challenger -- South Ogden resident Rick Westmoreland -- who filed shortly before 5 p.m. Thursday.

Check out this morning's full Standard-Examiner writeup, for a brief overview of how Weber County's 2014 Election candidate pool is shaping up, a month or so prior to the April party nominating conventions:

• Weber County Attorney Dee Smith won't seek re-election

And thanks to Weber County Clerk Ricky Hatch, here's the full "official" list of all candidates who beat Thursday's candidate filing deadline, and will be "jockeying" for slots on our  2014 Weber County General Election ballots:

• Weber County Clerk - 2014 Candidate Filings

Additionally, the Standard provides this tantalizing morning news tidbit, indicating that those Ogdenites who are unhappy (and who isn't) with the malperformance of our current Ogden School Board,  now have a chance to change the balance of power on that "bumbling" public administrative body, all within the span of one single year:

• Ogden school board member Harris resigns

We thus invite you all to check out the above links, and check into our comments section to let us know what you think.

Don't let the cat get yer tongues...

Standard-Examiner: Shooting Suspect Had Bomb

We're hoping that local law enforcement investigators and County Attorney Smith will now expand their investigations to identify and punish those "sources close to the investigation" who seem hell-bent to "try this case in the public press"

Disturbing Tim Gurrister story in this morning's Standard-Examiner, quoting a "source close to the [1/4/12 Ogden Shootings] investigation speaking on condition of anonymity" that Weber Crime Scene Investigation unit technicians came across the bomb in a closet of [suspect Matthew David Stewart's] home, and that the same investigators "...also found a picture of the suspect dressed as a terrorist... posing in a suicide bomber's vest.":

• Shooting suspect had bomb

And why do we consider this story to be disturbing? Because in the early stages of the investigation, wherein all investigators are operating under strict policy to keep their mouths shut, some anonymous source close to the investigation has now gone straight to the public press and released highly inflammatory information which is plainly designed to pollute the local jury pool.

Even more disturbing is Mr. Gurrister's report that "[a] news release on the incident is expected today from the Weber County Attorney's Office."

As to the latter, we'll welcome whatever information we can get from Dee Smith's office, so long as information-wise, law enforcement authorities don't "cherry pick." In the Standard's main article, and down in the lower comments section, in the midst of a story where law enforcement officials have been unusually tight-lipped, we're only only getting discussion of the incriminating information which as been leaked; and thus the lumpencitizens are already uttering words such as "demonize" and "cover-up" and "independent FBI investigation."

Don't forget we live in the United States of America folks, where the suspect, Mr. Stewart, is entitled to the presumption of innocence, and more than a "showcase" trial. Given the manner that the incriminating evidence is being "leaked" however, that's something which Mr. Stewart foreseeably might not get.

Our view here at Weber County Forum? If the Weber County Attorney is intent to release information regarding this case, they should release ALL of it, or alternatively, nothing at all. Additionally we hope that local law enforcement investigators and County Attorney Smith will now expand their investigations to identify and punish those "sources close to the investigation" who seem hell-bent to "try this case in the public press."

That's our take and we're stickin' with it.

So what say our gentle readers about all this?

Standard-Examiner: County Attorney Defends Seizure of Stewart Home

For the sake of the private property rights of Defendant Matthew Stewart, we're sure that Stewart will be keeping his fingers crossed that Attorney Swenson has additional valid arguments still up her sleeve.

Weber County Attorney and Utah Attorney General candidate Dee Smith responds in this morning's Standard-Examiner to yesterday's Attorney Emily Swenson allegations that the government's "seizure documents" were improperly served, citing unspecified service of process provisions of the Utah Forfeiture Procedures Act (UFPC), with an additional quote, stating that "service may be made by any law enforcement officer...":

• County attorney defends seizure of Stewart home

Turning to the apparently applicable UFPC code section, we find this express language, which is quite specific, just as Smith contends:

24-1-4. Civil Procedures.
...(3) (a) Within 60 days of any seizure, the prosecuting attorney shall file a complaint for forfeiture in the appropriate district court and serve a summons and notice of intent to seek forfeiture with a copy of the complaint upon all owners and interest holders known to the prosecuting attorney to have an interest in the property. Service shall be by one of the following methods:
(i) if the owner's or interest holder's name and current address are known, either by personal service by any person qualified to serve process, by a law enforcement officer, or by certified mail, return receipt requested, to that address...

In view of the above provision, it would appear that these asset forfeiture-specific special process service requirements have been most likely satisfied, based on the information which has been provided via the public press.

As to the above-mentioned legal questions relating to the adequacy of supporting affidavits, Smith's public statement still leaves those issues publicly unaddressed.

For the sake of the private property rights of Defendant Matthew Stewart, we're sure that Stewart will be keeping his fingers crossed that Attorney Swenson has additional valid arguments still up her sleeve.

Standard-Examiner: Emotions of Judge Questioned in Stewart Case

Grade school county attorney tactics in the Matthew Stewart civil property forfeiture case?

In the interest of keeping WCF readers fully abreast of all developments surrounding the Matthew Stewart Shootemup Case, we'll highlight this morning's Standard-Examiner story, which amounts to a followup to a couple of Northern Utah media stories which we featured on 7/21/12, involving the related civil forfeiture action, wherein Weber County lawyers are attempting to seize Mr. Stewart's residential property:

• Emotions of judge questioned in Stewart case

The S-E's Mr. Gurrister reports that Weber County lawyers are apparently attempting to turn the tables on civil defense lawyer Emily Swenson, who's attempting to disqualify 2d District Court Judge Decaria from the cased, claiming the judge’s emotional reaction to Officer Francom’s death was evidence of bias.

In a bizarre plot twist, Mr. Gurrister reports this:

...in his motion filed Tuesday, Weber County Attorney Dee Smith wrote that Swenson was more emotional at that meeting than DeCaria was.

Smith’s motion suggests that, following Swenson’s line of reasoning, she should be disqualified from the case.

 Are Weber County lawyers seriously contending that Ms. Swenson has an emotional bias which would operate to Stewart's detriment in this matter?

This strikes us as a grade-school litigation tactic, merely designed to confuse the issues, folks.

So what do our Gentle Readers have to say about this?

Police Make New Allegations Against Ogden Shootout Suspect

A New Attempt to Demonize Defendant Matthew Stewart and Further Poison the Jury Pool?

We're greeted with a whole swarm of 1/4/12 Ogden Shootout stories this morning, as ALL prominent Northern Utah News Media coincidentally and simultanously report on the contents of a search warrant affidavit obtained from Ogden's 2nd District Court. It's almost as if all important Utah print and broadcast media outlets have each other on speed-dial, or it seems to us:

Utah Print Media:

• Warrant: Child porn, anti-government material found in Matthew Stewart's home - Deseret News
• Ogden shootout defendant now under suspicion for child pornography - Salt Lake Tribune
• Police: Child porn found on Stewart’s computer -Standard-Examiner

Utah Television Broadcasters:

• Police make new allegations against Ogden shootout suspect - ABC4 News
• Search warrants claim child porn found on accused cop-killer’s computer - Fox News 13
  
• Child porn, anti-government material found in Stewart's home - KSL5 News
• Search Warrants Reveal Stewart's Plans To Make Bombs - KUTV2 News

Shameless cynics as we are, we'll interpret this latest effort to demonize Defendant Matthew Stewart as yet another mendacious attempt on the part of Weber County prosecutors to again poison the potential Northern Utah Utah jury pool, a tactic which could all but guarantee that a fair trial in Weber County, or any other venue in Utah will become a practical impossibility.

Strange, innit, that prosecutors have no apparent hesitation to selectively release this single inflammatory search warrant affidavit, while the "probable cause" affidavit[s] and other documents supporting the original search warrant continue to remain out of public view and "safely" under the prosecution's lock and key?

As we earlier reported, Weber County Attorney Dee Smith is running for Utah State Attorney General this year. Seems like another interesting coincidence, dunnit? Did Smith's campaign "dump" this "single" search warrant affidavit into a publicly available court file and then "tip" the media about it? And what ever happened to the prosecution's "request" for a gag order? Was that just some kind of smoke screen?

In other related news, Fox13 News ran a related story yesterday, reporting that the Matthew Stewart Support Website has finally received state approval to resume the solicitation and ollection of donations:

• Website back up to raise money for accused Ogden police shooter

Yep we double checked. There's that PayPal Donation Button again:

• Help Matthew Stewart Donations Page

That's it for now WCF Crime Beat wonks.

So many questions and so few answers...

So who'll be the first to throw in their own 2¢?

Standard-Examiner: Weber Democrats Looking For An Edge In The Issues

In a political atmosphere wherein the Grand Old Party becomes increasingly (and alarmingly) radicalized, it's nice to have at least a few moderate and sensible choices, don'tcha think?

In the interest of continuing our ever-myopic focus on our upcoming 2014 Weber County General Elections, we're delighted to find a new topical article up on the Standard-Examiner, courtesy of SE reporter Cathy McKitrick. Here's the lede:

OGDEN -- In a horse race, a longshot is defined as "an entry given little chance of winning." Such is the daunting reality for Weber County Democrats seeking higher office this year.
With Weber's lone elected Democrat -- County Attorney Dee Smith -- not running again this November, the Republican party is poised to make a clean sweep of both legislative and county races.
In sports, that type of win is called a shutout. A group of Weber County Democratic candidates aim to keep that from happening.

Despite the fact that Weber County Democrats dropped the ball on the two open Weber County Commission races, there still remains some hope for local Demos to score some points in other county-wide contests, it would seem.  Check out Ms. McKitrick's full article here, where she reels off the full list of Democratic party candidates who are vying for Weber County-situated seats:

• Weber Democrats looking for an edge in the issues

Fascinating quote from District 9 candidate Steve Olsen, a former Republican, now running for that seat under the Democratic Party campaign banner:

"People ask me 'how can you be a Mormon and Democrat?" said Steve Olsen, a Democrat who is challenging Republican incumbent Jeremy Peterson in the House District 9 race.

His reply? "I'm not sure how you can be a good Mormon and a Republican with the party the way it is now."

Olsen, 57, is urging voters to take a good look at the candidates, including those with the big D by their names.

"I considered myself a conservative most of my life, but as the Republicans drifted rightward and became more dramatically pro-big business, my views started to shift," Olsen said.

Your blogmeister isn't the only Weber County Republican who's recently soured on the Grand Old Party, we guess.

In a political atmosphere wherein the Republican Party becomes increasingly (and alarmingly) radicalized, it's nice to have at least a few moderate and sensible choices, don'tcha think?

Added bonus:  Be sure to view the embedded SE video, which shines the spotlight on the very appealing Amy Steed Morgan, who's running as a Democrat against incumbent Republican Brad Dee, for his current State House District 11 seat.

And do remember the sage words of oft-quoted Lord Acton, who said,"All power corrupts, and absolute power corrupts absolutely."

Breaking: Matthew Stewart Charged With Aggravated Murder

So much for the rumors however that Stewart had been armed with a dreaded AK-47

Breaking news in the 1/4/12 Ogden Shooting story.

Here's the lede from the Standard-Examiner's 5:30 p.m. story:

OGDEN -- The Weber County Attorney's Office has charged Matthew David Stewart with aggravated murder and eight other felonies in connection with the shooting last week that killed Ogden Police Officer Jared Francom and wounded five other officers.

Read the full S-E story here:

• Stewart charged with aggravated murder

There's more from the Salt Lake Tribune's Nate Carlisle:

• Charges filed in Ogden police shootings

The gist of it? Weber County Attorney Dee Smith reportedly alleges, among other things, that the suspect, Matthew David Stewart, " fired on police "from a concealed position at close range with a Beretta 9mm semi-automatic pistol, and that, according to the affidavit supporting the arrest warrant that Stewart's actions were premeditated, as set forth in this hearsay paragraph:

17. Since the shooting of January 4, 2012 officers investigating this case have learned that the defendant had previously made statements to an acquaintance during the summer of 2011 that if police attempted to stop the maijuana [sic] cultivation he would "go out in a blaze of glory and shoot to kill."

We'll continue to update this story as the situation develops.

So much for the rumors however that Stewart had been armed with a dreaded AK-47, with a thirty-round magazine, however.

Std-Ex: Dems to Review County Attorney Candidates' Resumes

Mark Decaria's now vacated Weber County Attorney slot is on the verge of being filled

We'll highlight this interesting and information rich story from this morning's Standard-Examiner, revealing that the Mark Decaria's now vacated Weber County Attorney slot is on the verge of being filled. We incorporate Tim Gurrister's lead paragraphs below:

OGDEN -- Resumes from the three candidates with hats in the ring for the Weber County attorney's job are now being distributed to the 100-plus members of the county Democratic Party's central committee.
Those documents key the process of selecting a replacement for Mark DeCaria, sworn in this week as a 2nd District Court judge.
For the Democrats, the process is brief. State law calls for the party to forward the names of three candidates to the Weber County Commission, from which that body will make its selection.
Barring something unforeseen, the three names the committee has to date - Ogden lawyers Brian Florence, Chad McKay and Dee Smith - will be automatically forwarded by the committee at its 5 p.m. Friday meeting in the Weber County Library, 2464 Jefferson Ave.

Among other things, Mr. Gurrister includes brief resumes of the three contenders; and from our viewpoint, there is one who clearly stands out. Candidate Florence built a rock solid reputation as a fearless and fierce litigator over his thirty years of practice in Ogden. He's what we would call a "lawyer's lawyer;" and would seem to be the hands-down choice to us. Putting Mr. Florence in charge of the Weber County Attorney's office would kick up that office's prestige and performance more than a notch or two, we believe.

Having said that, we do realize the situation is slightly more complicated. And in that connection we ask our gentle readers this: Between these three candidates, all of whose names will no doubt be forwarded to the Weber County Commission for the final selection, who would be YOUR first choice... and why?

Weber County 9/12 Project "Meet the Candidates Night" Set for 9/22/10

This event is open to the public and is the first of at least three scheduled to occur prior to the November 2nd elections

By Clark Roberts

The Weber County 9/12 Project is pleased to host a Meet the Candidate Night for all candidates running for Weber County Offices:

When: Wednesday, September 22, 2010 7:00 PM
Where: Christian Heritage High School, 5120 South 1050 West, Riverdale, UT 84405

This "Meet The Candidate Night" is open to the public and is the first of at least three scheduled to occur prior to the November 2nd elections.

This first Meet the Candidate Night will give you the chance to meet those individuals running for Weber County offices. Each Candidate will be given the opportunity to speak briefly (4 minutes each) to the audience and when everyone has finished, you can mingle and greet the candidates as you see fit. The following candidates will be represented:

John B. Bond (Republican) – County Treasurer
Kerry W. Gibson (Republican) - County Commissioner, Seat B
Debbie A. Hansen (Democratic) – County Recorder/Surveyor
Ricky Hatch (Republican) – County Clerk/Auditor
Drew Johnson (unaffiliated) – County Commissioner, Seat A
T.R. Morgan (Democratic) - County Commissioner, Seat A
Ernest D. Rowley (Republican) – County Recorder/Surveyor
Terry L. Thompson (Republican) – County Sheriff
John Ulibarri (Republican) – County Assessor
Teresa Yorgason (Democratic) – County Clerk/Auditor
Jan M. Zogmaister (Republican) - County Commissioner, Seat A
Amy L. Wicks (Democratic) - County Commissioner, Seat B.

Gary Haws (Democratic) - County Sheriff was extended the invitation to participate, but he was not able to do so.
Dee Smith (Democratic) - County Attorney was extended the invitation to participate, but he was not able to do so.

While you may attend without an RSVP, an RSVP is appreciated to ensure that we can accommodate all who wish to participate. You may RSVP to this Meetup: W912 Meet The Candidate Night

Future Meet The Candidate Nights will focus on candidates for State of Utah offices and candidates for US Congressional offices.

You can learn more about Weber County 9/12 Project and upcoming events at our website: www.weber912.com.

Salt Lake Tribune: Defendant in Ogden Officer Slaying Case Swaps Attorneys

Hanging Question: Will private donations be sufficient to make sure that Stewart gets a fair trial in a system which is already heavily stacked against him?

According to this afternoon's Salt Lake Tribune story, and just as we earlier predicted here on WCF, Second District Court Judge Hyde this afternoon cut loose Matthew Stewart's "do-nothing" appointed public defenders, and installed Utah criminal defense heavyweights Bernard Allen, Jonathon Grimes and Michael Studebaker to join Stewart’s defense team as counsel of record, "low bono or pro bono," in the 1/4/12 Ogden Shootings case :

• Defendant in Ogden officer slaying case swaps attorneys

No doubt about it, Weber County District Attorney (and politically ambitious 2012  general election Utah Attorney General candidate) Dee Smith finally has a genuine fight on his hands, with the assembly of one of the most competent criminal defense teams we've seen in Utah within memory.

The hanging questions? How will Stewart's all-star defense counsel marshal the necessary resources to put together a proper investigatory and expert witness support team to match its obvious new legal firepower?  Will private donations be sufficient to make sure that Stewart gets a fair trial in a system which is already heavily stacked against him?

Time will tell, we suppose.

A Weber County Forum Tip O' the Hat to messrs Allen, Grimes, Richards and Studebaker, by the way, for stepping up the the plate, and honoring their professional ethical obligations to dive in and devote themselves to what will ultimately prove to be some seriously grueling  pro bono work. These fellas, through their actions, are a true credit to the oft-maligned legal profession, we do believe.

Update 5/31/12 7:43 p.m.: The Standard-Examiner is all over this story, too:

• Court allows Stewart to replace attorneys