Judge postpones Allgier hearing

It's been canceled until lawyers sort out representation

Published: Tuesday, Jan. 29 2008 12:37 a.m. MST

A two-day preliminary hearing for Curtis Michael Allgier, who is charged with killing a correctional officer, has been postponed indefinitely until court-appointed lawyers can sort out who should represent him.

Allgier, 28, is charged with aggravated murder for allegedly shooting corrections officer Stephen Anderson to death with Anderson's own gun June 25 at a local hospital where Allgier had been taken from prison for an MRI.

Salt Lake County District Attorney Lohra Miller has said publicly her office will seek the death penalty if Allgier is convicted.

Allgier was scheduled to have a preliminary hearing Feb. 20-21, but 3rd District Judge Deno Himonas canceled that indefinitely.

Allgier's defense team from the Legal Defenders Association had filed a motion with the court asking to withdraw from representing him for reasons that were not specified.

Prosecutor Vincent Meister objected at a brief hearing Monday saying that more factual and legal reasons must be provided before prosecutors can respond to the LDA lawyers' request to withdraw from the case.

Himonas agreed with Meister and directed the defense team to provide a "very detailed record" of why the LDA wants to be taken off the case.

However, Michael Peterson, a member of Allgier's defense team, said that while there was information that could be made public, there also were issues involving "very sensitive, privileged information" that should not become publicly known.

He asked that LDA be permitted to file legal documents under seal with a request that they be kept sealed.

The judge said he will do this initially, but also will provide members of the public and media representatives an opportunity to object to keeping information in the case confidential.

Himonas set a motion hearing for March 7.

The judge also appointed Salt Lake attorney Ken Brown as a legal advisor and consultant to assist Allgier with regard to the LDA request to withdraw from his case.


E-mail: lindat@desnews.com

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