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Thread: Neo-Nazi Curtis Allgier Sentenced to LWOP in 2007 UT Slaying of CO

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    Neo-Nazi Curtis Allgier Sentenced to LWOP in 2007 UT Slaying of CO

    Authorities said a prison inmate out for a medical appointment wrested a gun from a corrections officer and killed him, then led police on a high-speed chase in a stolen sport utility vehicle before his capture at a fast-food restaurant.




    Utah Dept. of Corrections / AP
    Inmate Curtis Allgier had been taken to the University of Utah for an appointment Monday when he stole a gun from a corrections officer and fatally shot him, officials said.


    Curtis Allgier , who wears a swastika and the words "skin head" on his heavily tattooed face, fired a shot in the Arby's restaurant that hit no one before a customer snatched the gun, Salt Lake City police Sgt. Rich Brede said.

    "It sounds like he was heroic, even though he's being humble about it," he said of the 59-year-old customer.

    Allgier , 27, was captured in an office and taken to jail to await charges.

    Allgier got the gun from corrections officer Stephen Anderson while he was in an examination room at the University of Utah orthopedic center awaiting an MRI for back pain around 7:45 a.m. Monday, university Police Chief Scott Folsom said.

    The procedure requires an officer to replace metal restraints with a plastic "flex cuff," said Tom Patterson, director of the Utah Department of Corrections.

    "There was some sort of altercation. The inmate got hold of the weapon and shot the officer," Folsom said.

    Anderson, 60, a 22-year-veteran, was shot in the head, authorities said.

    "This is one of the risks in the job we perform for the community," Patterson said. "Unfortunately the risk sometimes is our very lives."

    Allgier forced two people out of a Ford Explorer outside the medical center, Brede said; neither was hurt.

    Officers chased the SUV at speeds up to 100 mph (160 kph). Two Salt Lake City squad cars crashed into each other while trying to cut off Allgier , Brede said, but there were no serious injuries.

    Allgier 's friend, Trisha Tower, said he called her while on the run to say he had shot an officer and was sorry.

    "I didn't even know how to deal with that," she said at her Salt Lake City home.

    Police pursuing Allgier placed tire spikes on Interstate 215, but he still was able to drive several miles (kilometers) before bailing out in the Arby's drive-thru lane, police said.

    Police arrived at the eatery just as Shirley Smiley, 57, was outside after breakfast with her husband and son. She said she heard a "popping noise" from inside, and police yelled "Get down!"

    About six other customers and three employees were inside the restaurant, Smiley said. At least one person was "struck with some object" but was able to walk out, bloodied around the head, Brede said.

    Police did not identify the customer who wrested the gun from Allgier , saying he did not want to be identified.

    KUTV identified the customer as Eric Fullerton.

    "Everybody's calling me a hero. I'm not a hero," Fullerton told the TV station. "I just did what I had to do."

    Allgier had been at the Utah State Prison in the Salt Lake City suburb of Draper on a parole violation. On June 14, he was sentenced to nearly nine years in federal prison for being a felon in possession of a firearm but had not been transferred yet to the U.S. Bureau of Prisons.

    The university serves as a regional medical center for Utah and has two hospitals and other facilities, including the orthopedic center. The corrections department routinely transports prisoners there for medical appointments.

    It was not clear whether Allgier had a lawyer yet, and an attorney who represented him in a recent federal criminal case did not immediately return a call seeking comment.

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    Related Case:

    A woman who helped an escaped prison inmate accused of killing a corrections officer was sentenced Monday to one year in jail.
    Trisha Tower, 26, said little during the hearing as she was sentenced for first-degree felony obstruction of justice. Tower was given credit for time she has already served in jail, meaning she will serve an additional three months before being released on three-year probation.

    On June 25 of last year, Curtis Michael Allgier, 28, fled a Salt Lake medical clinic after corrections officer Stephen Anderson, 60, was fatally shot. Allgier, a state prison inmate, had been transported from the state prison for an MRI scan.

    Prosecutors claim Allgier shot and killed Anderson with Anderson's gun, fled the hospital, commandeered a vehicle and raced to Tower's house to shed his orange prison jumpsuit and change into other clothes. He ended up at a fast-food restaurant where he was eventually taken into custody.

    Allgier is charged with aggravated murder, and prosecutors say they plan to seek the death penalty. Tower has admitted to hiding Allgier's jumpsuit and lied to police about it out of fear of being caught and having her children taken away.

    In court Monday, 3rd District Judge Robin Reese also ordered Tower to have no contact with witnesses in the Allgier murder case, including her brother, until that case is resolved. She was also ordered to undergo drug rehabilitation.

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    Death penalty sought for inmate in guard's killing

    SALT LAKE CITY (AP) -- Prosecutors say they will seek the death penalty for an inmate accused of killing a Utah prison guard with his own gun while trying to escape during a hospital visit.

    The Salt Lake County district attorney's office notified 3rd District Court of its intention if 30-year-old Curtis Allgier is convicted in the 2007 shooting of corrections officer Stephen Anderson.

    That notice came Monday -- the same day authorities approved Allgier's request for an April 20 jailhouse wedding.

    Salt Lake County Sheriff's Chief Deputy Rollin Cook confirms that a woman he won't identify wants to marry the heavily tattooed white supremacist.

    Cook says it will be a simple wedding, with Allgier and the woman separated by a glass panel and unable to exchange rings or a kiss.

    http://www.ksl.com/?nid=148&sid=10123291

    Curtis Allgier gets permission to marry on same day DA announces she will seek his death

    SALT LAKE CITY — Curtis Michael Allgier, who is in jail facing an aggravated murder charge that could put him on death row if he's convicted, plans to get married.

    The heavily tattooed white supremacist has received permission to marry on April 20, which also is the birthday of Nazi dictator Adolph Hitler.

    Salt Lake County Sheriff's Chief Deputy Rollin Cook granted Allgier's request in a letter filed in 3rd District Court on Monday.

    That same day, the Salt Lake County District Attorney's Office officially notified the court it intends to seek the death penalty for Allgier, 30, if he is convicted of the 2007 shooting death of corrections officer Stephen Anderson.

    Cook said he could not discuss details of the pending nuptials or reveal the name of the bride-to-be, but he confirmed that a ceremony is planned in the Salt Lake County Jail.

    "Marriages don't happen that often in our facility, but someone has reached out to him and wants to marry him," Cook said.

    http://www.deseretnews.com/article/700018936/Curtis-Allgier-gets-permission-to-marry-on-same-day-DA-announces-she-will-seek-his-death.html?s_cid=rss-30

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    Allgier told me he 'killed a cop,' woman testifies
    Inmate had no handcuffs during MRI, just before the shooting, witness says

    Four times, Trisha Tower said, she heard her former roommate admit that he had "killed a cop" when he showed up at her house on June 25, 2007.

    Curtis Michael Allgier, who is charged with capital murder, turned up suddenly that day at the west Salt Lake home. Allgier needed a change of clothes from his bright prison-issue jumpsuit.

    He also needed somewhere to hide.

    "He said he had escaped from prison, he had killed a cop and had stolen a truck," Tower testified in 3rd District Court Tuesday during Allgier's preliminary hearing.

    "I said, 'What?' "

    Allgier repeated what he had said two more times to her and once to her female roommate.

    "He grabbed my face, gave me a kiss and asked me to hide him," Tower said.

    She told him she could not do that because police officers had arrived in the area minutes before Allgier had arrived. Instead, she gave him sweat pants and a shirt and helped him sneak out a back door. He jumped a fence and ran off.

    As the massive police pursuit of Allgier intensified, Tower said, she grew frightened.

    "I was freaking out because I cared about him," she testified.


    Allgier told me he 'killed a cop,' woman testifies

    Inmate had no handcuffs during MRI, just before the shooting, witness says

    By Linda Thomson

    Deseret News
    Published: Tuesday, March 30, 2010

    SALT LAKE CITY — Four times, Trisha Tower said, she heard her former roommate admit that he had "killed a cop" when he showed up at her house on June 25, 2007.

    Curtis Michael Allgier, who is charged with capital murder, turned up suddenly that day at the west Salt Lake home. Allgier needed a change of clothes from his bright prison-issue jumpsuit.

    He also needed somewhere to hide.

    "He said he had escaped from prison, he had killed a cop and had stolen a truck," Tower testified in 3rd District Court Tuesday during Allgier's preliminary hearing.

    "I said, 'What?' "

    Allgier repeated what he had said two more times to her and once to her female roommate.

    "He grabbed my face, gave me a kiss and asked me to hide him," Tower said.

    She told him she could not do that because police officers had arrived in the area minutes before Allgier had arrived. Instead, she gave him sweat pants and a shirt and helped him sneak out a back door. He jumped a fence and ran off.

    As the massive police pursuit of Allgier intensified, Tower said, she grew frightened.

    "I was freaking out because I cared about him," she testified.
    Story continues below

    Allgier is charged with capital murder in the shooting death of corrections officer Stephen Anderson, 60, who was killed during a struggle at University Hospital not long before Allgier arrived at Tower's house.

    Tower was candid about her own criminal background, including selling drugs and offering a "safe house" for others who had broken the law. She also said under oath that she had gotten high on meth several times that day and initially lied to police.

    Tower said she called her brother in a panic and he helped hide Allgier's jumpsuit.

    Tower ultimately pleaded guilty to obstruction of justice, a first-degree felony, in connection with this incident. As part of a plea bargain, she said, she served a year in jail and was ordered to serve probation and undergo substance abuse treatment.

    Earlier testimony on Tuesday seemed to blame the victim for not insisting on an extra guard to help with security during transportation. Allgier, now 31, had been taken him from the Utah State Prison to a hospital that day for an MRI.

    Scott Jenack, who handles MRIs at University Hospital, said Anderson brought All?gier there in a prison jumpsuit, handcuffs and chains.

    Allgier noted that his jumpsuit had metal snaps, and Jenack told Anderson that Allgier either needed to change into a hospital gown or the jumpsuit had to be pulled down far enough so the snaps would not interfere with the MRI equipment.

    Allgier changed into a hospital gown and returned with no handcuffs, although Jenack said he had seen plastic "flex cuffs" on him at one point. Jenack said he didn't see the flex cuffs removed but assumed that Anderson had taken them off.

    After the 20-minute procedure, Allgier went into a changing room to put his jumpsuit on again. Jenack, meanwhile, was in another room with a female co-worker.

    "We heard the chains, and it sounded like there was some kind of wrestling around in there," Jenack said. "We could hear chairs slam into the wall, a couple of heavy blows and a really deep grunt, kind of like (it was) from pain."

    The co-worker went into another room, and Jenack went to the front desk to get someone to call 911 and report a problem with a guard and a prisoner. Jenack spoke to a medical resident and walked through other areas to make sure no one else was there.

    "I heard two gunshots," Jenack said. "They were coming from where the prisoner was."

    Later, when Jenack and a doctor tried to push open the door of the room, Jenack said he could see Anderson's feet. Anderson was on the floor.

    Questions from defense attorneys, among other things, focused on travel orders issued for prisoners. Allgier's travel order included a "caution" that identified him as a gang member, escape risk and someone who needed a two-man detail to transport him, according to Corrections Capt. Larry Benzon.

    "Two-man — that's a policy?" asked defense attorney Rudy Bautista.

    "Yes," Benzon said.

    "Mr. Allgier was to be transported with at least two prison guards? Mr. Anderson violated that policy," Bautista said.

    "I don't know if he violated the policy," Benzon said.

    "He (Anderson) had the discretion to cancel the transportation order?" Bautista asked.

    "Yes," Benzon said.

    The heavily tattooed Allgier, who now has a goatee and small, clear spectacles, appeared alternately interested and bored during the hearing.

    Along with capital murder, Allgier is charged with seven other felonies. Testimony is scheduled to run through Friday, when a judge will determine if there is enough evidence against Allgier to order him to stand trial.

    http://www.deseretnews.com/article/700020671/Preliminary-hearing-begins-in-Allgier-murder-case.html

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    Accused cop killer to make plea Monday

    SALT LAKE CITY (ABC 4 News) – Accused cop killer Curtis Allgier will be back in court Monday morning. He's expected to finally face charges of aggravated murder for the death of a Utah prison guard.

    At 9:00 a.m., 30-year-old Allgier will make his plea in response to eight separate counts including a capital charge of aggravated murder, and seven felonies of: disarming an officer, aggravated escape, aggravated robbery, three counts of attempted aggravated murder, and purchasing and possessing a dangerous weapon.

    Prosecutors accuse Allgier of killing Utah State Prison guard Stephen Anderson with his own gun during a hospital visit to the Univ. of Utah Orthopedic Center back in 2007. They said he then led police on a chase, before he was finally captured at a Salt Lake Arby's.

    Prosecutors have already stated they plan to seek the death penalty in this case.

    Amid all of this, the Salt Lake County Sheriff's Office said Allgier is planning on getting married on April 20th. Allgier and the woman will be married in prison, separated by a glass panel, and unable to exchange rings or a kiss. So far, his bride has not been identified.

    http://www.abc4.com/content/news/state/story/Accused-cop-killer-to-make-plea-Monday/fKrQyPdOPEqJR76DrYGxMA.cspx?rss=1451

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    Curtis Allgier pleads not guilty in the death of corrections officer


    SALT LAKE CITY -- A man accused of fatally shooting a corrections officer pleaded not guilty in court Monday morning. In June, it will be three years since the shooting happened, but a trial for defendant Curtis Allgier likely won't happen this year.

    Monday morning, Judge Paul Maughan wondered why the case has taken so long and said he has no intention of letting it go on for another three years. But defense attorneys said they still have a lot of work to do.

    In the meantime, a friend of Curtis Allgier says he's sorry for what happened. Every week, Maxine McNeely visits Allgier in the Salt Lake County Jail. She says she can see the remorse in his eyes.

    Of their conversations, McNeely said, "I try to keep it light. I try to pull a smile out of him."

    Visiting Allgier is something she's done for two years, since her daughter asked her to. She says her daughter, who is currently in prison, met Allgier in a halfway house.

    "He's a perfect inmate," McNeely said. "He causes no trouble, [is] highly intelligent and I see the human side of him."

    Allgier said very little in court Monday. He leaned back in his chair and answered, "Yes sir," when asked if he understood the charges against him. He then pleaded not guilty. One of those charges -- aggravated murder -- is a capital offense.

    The case has gone on so long in part because of motions filed and also because of changes in legal teams.

    Monday morning, defense attorneys told the judge they intend to file more motions in the case, including one asking the judge to allow Allgier to be double-cuffed for court because of a shoulder injury and an arthritic condition.

    Defense attorneys also want time to review the transcript of March's preliminary hearing. They feel there may not be enough evidence to support some of the charges against Allgier.

    Defense attorney Ralph Dellapiana said, "It's going to take quite a while to get this done. His (the judge's) suggestion that somehow we have a trial this fall is frankly not possible."

    If Allgier is convicted, he could be put to death -- something McNeeley doesn't want to see happen.

    "I think the world of Curtis. I think he's a life worth saving," she said.

    Prosecutor Vincent Meister said, "I think everybody's interests are involved. Mr. Allgier's interests are involved, the state's interests are involved, and the victim's family -- they're interested in getting some resolution and closure in this case."

    Allgier is accused of killing corrections officer Stephen Anderson during a medical visit in June 2007. Anderson's children have attended past hearings but were not in court today.

    Prosecutors said there have been no plea negotiations, although defense attorneys said they would like to see that happen.

    Allgier is due back in court on May 7, when the judge will get another update on how this case is moving along.

    Allgier Case background

    June 25, 2007 Corrections Officer Shot and Killed, Suspect Arrested
    June 25, 2007 Family, Department of Corrections Mourn Loss of Officer
    June 25, 2007 Allgier Called a Friend with Alleged Confession
    June 26, 2007 Police: Allgier Killed Officer to Avenge Death of Fellow White Supremacist
    June 27, 2007 Curtis Allgier Speaks From His Jail Cell
    June 29, 2007 Sticking Points in Case Against Curtis Allgier
    July 2, 2007 Prisoner Accused of Killing Officer Appears in Court
    Sept. 7, 2007 Preliminary Hearing Set for February 20
    Jan. 29, 2008 Allgier hearing postponed
    March 6, 2008 Lawyer asks to be removed from Allgier case
    June 22, 2008 Public defenders to continue representing Allgier
    July 12, 2008 Judge steps down from Allgier case
    Jan. 13, 2009 Accused killer wants new lawyers
    Jan. 30, 2009 Murder suspect avoids court due to handcuff issue
    Feb. 27, 2009 Allgier's lawyers in court over letter
    March 13, 2009 Judge orders Allgier letter unsealed
    Aug. 15, 2009 High court to review Utah prison guard murder case
    March 23, 2010 Death penalty sought for inmate in guard's killing
    March 24, 2010 Man facing death penalty for officer's death to be married
    March 30, 2010 Preliminary hearing begins in Allgier case
    March 31, 2010 'Hero' testifies at Allgier hearing
    April 1, 2010 Curtis Allgier to stand trial for murder


    http://www.ksl.com/?nid=148&sid=10358864

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    Allgier and fiancée cancel their wedding

    SALT LAKE CITY — The marriage of heavily tattooed prisoner Curtis Allgier that had been planned for Tuesday was canceled.

    Allgier, who is in jail facing a capital murder charge that could put him on death row if he's convicted, was granted permission to marry on Tuesday, but at the last minute he and his fiancée canceled, according to the Salt Lake County Sheriff's Office. There were no plans to reschedule the nuptials.

    The ceremony would have been conducted in a visiting area with glass between Allgier and the woman, but there would have been no exchange of rings or a kiss, since no physical contact is allowed.

    Officials did not say why the wedding was canceled. Allgier, a known white supremacist, had scheduled his wedding on Adolf Hitler's birthday.

    http://www.deseretnews.com/article/700025975/Wedding-of-prisoner-Curtis-Allgier-canceled.html

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    Allgier tattoos won't be covered during potential penalty phase, judge says

    Whether Curtis Allgier will be able to cover up the tattoos that span the entire surface of his head and body during his upcoming capital murder trial has not yet been decided.

    But the judge who will ultimately make the decision expressed some doubts Wednesday about how it could be done.

    "What if at some point he sneezed or coughed or rubbed his makeup to show the tattoos?" 3rd District Judge Paul Maughan asked. "I'm just trying to figure out the logistics."

    He said he was worried about the implications of granting such a motion — particularly the cost and time it may take to cover the ink on the face, neck, chest, arms and hands of the man accused of killing corrections officer Stephen Anderson in 2007. But defense attorneys assured the judge that Allgier could be covered up within 10 minutes.

    Maughan, however, said that even if he were to allow Allgier's various white supremacy, neo-Nazi-themed tattoos to be covered during trial, he would not allow them to be covered up during a penalty phase — a hearing during which jurors would decide whether to recommend life or death for Allgier should he be convicted.

    "I can tell you right now that's not going to happen," Maughan said. "In the penalty phase, the state has the right to present Mr. Allgier as Mr. Allgier."

    Defense attorneys have argued that allowing the tattoos to remain visible to jurors would be "prejudicial."

    "We think that he should be judged on what he's proven to have done and not what he looks like," defense attorney Ralph Dellapiana said.

    Prosecutors counter that Allgier should appear as he was at the time of the crime for the sake of identification. They say Utah law requires the "defendant appear in court with his tattoos exposed just as he appeared on the day of the alleged crime and just as the victim saw him — tattoos and all."

    Defense attorneys also asked Wednesday for copies of all audio and visual recordings made during every day of Allgier's time in jail — from June 25, 2007 to the present. Though the judge was resistant to granting the request citing the "cost and the waste of time," Dellapiana said Allgier's life may depend on those recordings.

    "Assuming he's convicted of aggravated murder, in the penalty phase it will be important to see if he can be safely managed in a correctional facility," Dellapiana said after the hearing. "We think that these videos will show that even when he's provoked by guards, he always acts like a model prisoner and maintains an appropriate and respectful demeanor."

    Attorneys for Allgier said they intend to file as many as 50 to 60 additional motions in the case. Dellapiana said the next will address alleged breaches of attorney-client privilege because he believes jail officials have been monitoring their meetings with Allgier and reading Allgier's mail.

    In addition to aggravated murder, Allgier is facing a number of other charges, including aggravated escape, aggravated robbery and three counts of aggravated attempted murder — all first-degree felonies. Prosecutors contend that Allgier stole Anderson's gun, shot him, carjacked a vehicle and then led police on a chase in which he twice tried to run over a deputy who was setting up road spikes before trying to kill a restaurant worker and customer at an Arby's restaurant.

    Allgier's next hearing will be Sept. 15.

    http://www.ksl.com/?nid=148&sid=12263311

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    Trial set in Curtis Allgier case, no ruling on tattoos

    SALT LAKE CITY — While a judge continues to mull over whether to allow Curtis Allgier's tattoo-laden body to be covered for trial, he made it clear Wednesday that the trial needs to happen, sooner rather than later.

    A "firm" date of May 9 was chosen for Allgier's trial and 3rd District Judge Paul Maughan said he's unwilling to prolong the three-year-old case.

    "The community and the victims want to see this case resolved," he said. "The court feels this case won't get tried without a deadline and unless I'm dead or in a hospital, we're going to try this case."

    Maughan set aside almost the entire month of May — the 9th through the 27th — to try the case. He said there will be some flexibility as to when the trial, and possible penalty phase, takes place within that time frame, but that he does not plan on letting the case be delayed further.

    Allgier, 31, has been in the Salt Lake County Jail since June 2007, awaiting trial on a number of charges, including aggravated murder, aggravated escape, aggravated robbery and three counts of aggravated attempted murder — all first-degree felonies. Prosecutors are planning on pursuing the death penalty.

    He stands accused of shooting and killing corrections officer Stephen Anderson while attempting to escape from a hospital visit. Prosecutors said the heavily-tattooed Allgier then car-jacked an SUV and led police on a chase across the Salt Lake Valley before it ended at a Glendale Arby's restaurant where Allgier tried to shoot an employee. A customer there helped to apprehend him.

    Allgier's attorney filed a motion asking that the case be dismissed entirely on the basis that jail officials have allegedly been reading and confiscating Allgier's confidential, legal mail. They also allege that jail officials have listened in on and recorded meetings between Allgier and his attorneys and are reporting some of the information to the district attorney's office.

    In a motion filed last week, they ask that the court either dismiss the case on the grounds that Allgier's 6th Amendment rights to effective counsel have been violated. If the judge declines to dismiss the case, they are asking that he issue a court-order that would forbid "jail and state officials from interfering with (Allgier's) incoming and outgoing legal mail."

    They asked that court proceedings be stayed until this issue is resolved, which Maughan declined to do. He said he will consider the motion to dismiss at a later hearing.

    Attorneys continue to debate whether Allgier should be able to cover the countless tattoos that cover every inch of his body for trial. Defense attorneys told Maughan Wednesday that the tattoos are prejudicial and may prevent Allgier from receiving a fair trial.

    "They're irrelevant," attorney Ralph Dellapiana said. "They're inflammatory and they give the jury an improper basis … everyone I know is shocked and appalled."

    He cited the numerous comments on media websites that focus on Allgier's appearance as an example of the negative bias the tattoos may prompt amid a jury. Dellapiana said he also fears the white-supremacy tattoos will draw comparisons to Hitler.

    "But isn't that (Allgier's) burden? His choice?" the judge asked before explaining what could be done to help Allgier's appearance. "We'll get him out of prison garb and put him into a suit and tie just like we do for every other defendant."

    Prosecutor Bob Stott assured the court that he would not refer to Allgier's tattoos or detail any links Allgier might have to white supremacist groups, but he opposed the request to have Allgier's tattoos covered saying that witnesses have a right to be able to confront a defendant. Defense attorneys offered to just agree on Allgier's identity and have it be accepted that he was at the hospital and at the restaurant without having to prove it in court, but Stott said that would weaken the victim's rights.

    "The most powerful evidence the state can use is having a victim talk about what happened and then point out who did it," Stott said. "Under the Constitution and the rights of state, victims have a right to participate in the trial … and the right to confront and say: 'That is who did this.' With this stipulation we would be neutered."

    The judge said he will issue a written opinion on whether to allow the tattoos to be covered. He continued to state that he is almost certainly not inclined to allow makeup to cover the tattoos in the penalty phase, should there be one. In cases where the death penalty is a possible sentence, there is a second part to the trial, should the accused be found guilty. A penalty phase is held to determine whether the death penalty should be imposed.

    Allgier's next hearing is scheduled for Nov. 3.

    http://www.deseretnews.com/article/700065783/Trial-set-in-Curtis-Allgier-case-no-ruling-on-tattoos.html?pg=2

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    Curtis Allgier's attorneys complain about treatment in jail

    Attorneys for Curtis Allgier, a white supremacist accused of killing a corrections officer, say he is having a rough time in jail.

    They are waiting for Salt Lake County Jail officials to hand over 726 videotapes showing each time Allgier has left his cell. Defense attorney Ralph Dellapiana said Wednesday he wants to review the tapes, which he believes will show altercations involving jail guards and other inmates.

    Dellapiana questioned why the jail has taken so long to turn over the tapes and claimed that some have gone missing. Judge Paul Maughan said he will sign an order to speed up the process if necessary.

    After the hearing, Dellapiana said Allgier is being held in the jail's "administrative segregation" unit for inmates with disciplinary problems. He said Allgier has only committed minor violations, such as eating two sandwiches when he was only allowed one.

    According to Dellapiana, Allgier received video through a records request of an incident where an officer dragged him from a phone before his time was up, leaving him bruised. Also, Allgier has lost 50 pounds during his incarceration.

    "It appears he doesn't get the full menu he's supposed to get," Dellapiana said.

    Allgier, 31, is accused of shooting corrections officer Stephen Anderson while attempting to escape during a hospital visit in June 2007. He allegedly then carjacked an SUV and led police on a chase across the Salt Lake Valley to a Glendale restaurant, where he tried to shoot an employee before a customer helped apprehend him.

    Maughan scheduled a hearing for Jan. 12 on several pretrial motions, including two that question the constitutionality of Utah's capital murder statute and one related to whether Allgier's tattoos, which cover his entire body, should be concealed at trial. The defense also wants to have Allgier transported to secure facilities at the Matheson Courthouse for a psychiatric evaluation.

    Another motion raises concerns that jail officials have violated Allgier's attorney-client privilege by inspecting documents that his attorneys have brought or sent to the jail. Dellapiana called that privilege "sacred" and said some documents have been improperly taken away.

    The defense is only communicating verbally with Allgier now, due to fears that papers could be shared with prosecutors. However, prosecutors said nothing seized at the jail and turned over to the Salt Lake County District Attorney Office's civil division would be shown to them.

    Prosecutor Vincent Meister said there have been problems with some materials brought into the jail and that some inspection of documents is necessary.

    "It wouldn't be the first time somebody stamped 'legal mail' on something and it wasn't legal mail," he said.

    Maughan said he found the possible violations "very troubling" and asked both sides to prepare briefs on the issue.

    It's unclear whether the roughly 50 pending motions and other matters will push back the trial, currently set for May. Dellapiana said Salt Lake public defenders are currently handling 12 capital murder cases, delaying preparation that includes a detailed investigation of Allgier's upbringing in South Dakota.

    The Salt Lake Legal Defender Association, for the first time, has hired an outside "mitigation investigator" to travel to South Dakota and interview 27 witnesses, he said. Information about Allgier's background would be critical in the sentencing phase if he is convicted. Prosecutors intend to seek the death penalty.

    http://www.deseretnews.com/article/7...jail.html?pg=2

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