Judge: Media did the right thing

Defense attorneys for Curtis Michael Allgier have not decided whether they want to appeal to the Utah Supreme Court a ruling by 3rd District Judge Sheila McCleve that would make public a letter from a jail inmate to a judge regarding Allgier.

Allgier, 29, is charged with aggravated murder and other crimes in connection with the 2007 shooting death of corrections officer Stephen Anderson, who had taken Allgier from prison to a medical appointment. Prosecutors have said they will seek the death penalty if Allgier is convicted.

The letter in question was written to 3rd District Judge Robin Reese and had been sealed by the court. Judge Sheila McCleve's ruling was released Friday, and in it, she said the media and the public have a right to see the letter. However, McCleve kept the letter and details of her ruling under seal for 20 days so that Allgier's lawyers could appeal it to the Utah Supreme Court, if they choose.

A copy of the full ruling was mistakenly put on the Utah State Court's Web site Friday, and several news outlets published reports that included details from the ruling. At the court's request, the news organizations replaced the original stories with versions that did not carry details that McCleve had asked to stay sealed for 20 days.

"I would like to express my appreciation to the press," McCleve said from the bench Wednesday.

She termed the news organizations' decisions to run replacement stories "decent and the right call." Her concerns about releasing any other information before Allgier's attorneys have had a chance to appeal it stemmed from worries that it could jeopardize his constitutional due-process rights.

"Mr. Allgier is entitled to a fair trial, and we're doing everything we can to ensure that, but not a perfect trial," she said, noting that simple human errors do occur.

Prosecutors in the case have petitioned the court to move up the preliminary hearing from its original October date. A scheduling hearing before Reese is set for March 23.

E-MAIL: lindat@desnews.com