Judge rules Allgier's case can go forward

An judge ruled Friday that Curtis Michael Allgier's case can go forward in state district court even though Allgier's defense team is appealing one issue to the Utah Supreme Court.

Allgier, 30, is charged with killing corrections officer Stephen Anderson in 2007 after Anderson, 60, had taken Allgier from the Utah State Prison to a Salt Lake hospital for a medical appointment. Police say Allgier shot Anderson with Anderson's gun, commandeered a vehicle outside the building, led police on a wild chase and ended up at a fast-food restaurant where Allgier ultimately was arrested.

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

Third District Judge Paul Maughan ruled that Allgier's four-day preliminary hearing, set for Oct. 20-23, can proceed, even though Allgier's lawyers have asked the Supreme Court to not make public the contents of a letter another jail inmate wrote to a judge.

The so-called "Cobb letter" has been a sore point with Salt Lake area media outlets, whose attorneys argue that the document should be made public. Allgier's lawyers fear it could have negative ramifications for their client's case.

Maughan said in a two-page ruling that since prosecutors have already stated they will not introduce any part of the "Cobb letter" at the preliminary hearing nor call its writer to the stand, this will not have any effect on the preliminary hearing.

A preliminary hearing allows prosecutors to show a judge what evidence exists in a case, including calling witnesses to testify. Defense attorneys also may let their clients take the stand, but that almost never occurs at this stage in a case.

After hearing the testimony and viewing any exhibits or other evidence, a judge must then decide if a crime has been committed and if there is probable cause that the person charged with the crime did it. If so, then the judge binds the person over for trial and the case continues.

e-mail: lindat@desnews.com