"He can have the assessment, it's just got to be with certain security restrictions in place. —Assistant attorney general Matt Anderson
SALT LAKE CITY — Nearly five years after a corrections officer was shot and killed during an escape attempt, Curtis Allgier still has no date for his capital murder trial.
Attorneys on Wednesday suggested it would be at least seven more months before they would have all of the expert witness information ready for a trial.
Seven police officers were present around Allgier as he spoke loudly with one of his attorneys. At the same time, another of his attorneys, Richard Gale, was asking the judge to allow Allgier to take part in a "highly interactive series of testing" that would require him to work with a doctor for 15 hours, his hands free of shackles and without a security officer present.
The "forensic psychological testing" must be completed without a barrier and is the only way for the defense expert to determine how Allgier's brain works, Gale argued.
Assistant attorney general Matt Anderson said the primary concern of the Utah Department of Corrections was safety and security. He said Allgier could be unshackled if there was a barrier or the barrier removed and Allgier chained to a wall, with his hands and legs shackled.
"He can have the assessment, it's just got to be with certain security restrictions in place," Anderson said.
Both parties requested another court hearing on the evidence so that 3rd District Judge Paul Maughan could make a ruling. But the judge said it would probably be "quicker and more satisfactory" if the two groups just met and worked something out without involving him and another hearing.
It's been almost five years to the day since Allgier was charged with capital murder and other charges in the death of officer Stephen Anderson. He was shot and killed with his own gun June 25, 2007, while escorting Allgier, a prison inmate, to University Hospital.
A trial had been set for this month, but it was canceled after defense attorneys said they needed more time to find and hire experts. The next court date is scheduled for Aug. 29.