State's top court to rule on lawyers in Box Elder capital case

A pending capital murder case has taken a new and unprecedented turn now that a state judge has removed one lawyer from it and another has been arrested — but never charged — on allegations of witness tampering in Spokane, Wash.

The Utah Attorney General's Office not only wants the first attorney to stay off the case, but also argues that the second should be taken off, as well. But the lawyers involved say they have done nothing wrong and removing them would set a dangerous precedent for future death-penalty cases.

The Utah Supreme Court heard arguments from both sides last week and will rule later.

At the heart of the controversy is Wade Garrett Maughan, who was charged in 2005 with the cold-case murder of a gas station attendant Bradley Perry in Box Elder County in 1984. New DNA testing pointed to him.

When the case began, Salt Lake attorneys Richard Mauro and Scott Williams represented Maughan.

Mauro and an investigator, Theodore Cilwick, flew to Spokane Dec. 5, 2005, which was where Maughan was living when he was arrested, to interview some of Maughan's friends. Williams later spoke with the individuals.

Both Mauro and Cilwick were arrested on suspicion of witness tampering by Spokane police, who believed they told the witnesses not to talk to police.

However, both Mauro and Cilwick deny they ever said that, and Washington prosecutors never filed any charges. Three of the interviewees later said they misunderstood and that Mauro and Cilwick had said not to discuss the case with "anyone" but that the police would be getting in touch with them.

Box Elder County prosecutors asked the Utah trial court to take Mauro and Williams off the case. First District Judge Ben Hadfield told Maughan to pick one of his lawyers and Maughan chose Mauro, but still wants Williams to be reinstated as part of his legal team.

Both sides appealed the decision.

Thomas Brunker, assistant attorney general, argued that both Williams and Mauro have conflicts of interest that could, among other things, erode public confidence in the integrity of the legal system and also increases the possibility that Maughan's trial outcome could be reversed by an appeals court later on.

The two attorneys also have been occupied with defending themselves, he argued.

Brunker also said the statements that people were told not to talk "are not mere allegations."