IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH SALT LAKE DEPARTMENT. STATE OF UTAH, PARTIAL RULING AND ORDER Plaintiff, Count 1 v. Case No. 141907718 JOHN EDWARD SWALLOW, Judge Elizabeth A. Hruby-Mills Defendant. Before the Court is Defendant’s Motion for Directed Verdict which was argued on February 23, 2017. The court addresses Count 1, at this time, reserving ruling on the balance of the other Counts for subsequent rulings. Having considered oral argument, relevant law, and for good cause, the Court now rules as follows. Motions for directed verdict require prompt dismissal of an information or any count within the information “[w]hen it appears to the court that there is not sufficient evidence to put a defendant to his defense.” Utah Code Ann. § 77-17-3 (West); State v. Smith, 675 P.2d 521, 524 (Utah 1983); see also Utah R. Crim. P, 17(p). The court must determine whether the State has produced believable evidence for each element of the crime so that a jury acting reasonable could convict the defendant. Count I, Pattern of unlawful activity, as a party to the offense. The court finds that the State’s evidence in its case in chief supports a prima facie showing sufficient which would enable a jury acting reasonably to convict defendant of a pattern of unlawful activity. The court has previously found and finds again a sufficient cooperative arrangement and/or relationship between Mr. Shurtleff, Mr. Lawson and Mr. Swallow to support a joint enterprise to advance the financial and/or political aspirations of its members. The State provided evidence that included, but was not limited to, evidence that the members travelled together (as well as individually) to Pelican Hill and took advantage of golf, spa, and food provision, Mr. Swallow and Mr. Lawson took steps to assist in fund raising for Mr. Shurtleff. Mr. Shurtleff and Mr. Swallow met with industry groups together and individually. There was testimony that Mr. Swallow had indicated that he expected to become the next Attorney General 1after Mr. Shurtleff. Evidence was presented that the three had substantial contact and various communications between them, including meetings, texts, emails, and phone calls during the relevant period. The evidence presented included that when Mr. Shurtleff, Mr. Lawson and Mr. Swallow travelled to the Pelican Hill resort it occurred when Mr. Shurtleff was the Attomey General for the State of Utah, at the expense of Mare Jenson with monies paid by Mr. Jenson to Mr. Lawson, while Mare Jenson was under a Plea in Abeyance arrangement monitored by the Attorney General's office. Exhibit evidence supports Mr. Shurtleff’s reasoning as to why the Attorney General’s office withdrew from the lawsuit with Bank of America, citing to assisting Mr. Swallow in light of the Bell fundraiser and Mr. Shurtleff’ subsequent employment with a law firm whose clients included Bank of America. Evidence was also presented regarding Mr. Lawson's communication with Mr. Shurtleff regarding proposals for a plea arrangement for Mare Jenson. The State’s evidence relating to allegations of bribery in relation to Mr. Shurtleff’s visits to Pelican Hill, money paid from Mare Jenson to Tim Lawson, and the promise of a lot from the Mt. Holly development to Mr. Swallow, as well as threats made and communications with Darl McBride are likewise viable claims sufficient to support the alleged pattern of unlawful activity to survive a motion for directed verdict. Defendant’s Motion for Directed Verdict regarding Count | is denied.CERTIFICATE OF NOTIFICATION I certify that a copy of the attached document was sent to the following people for case 141907718 by the method and on the date specified. EMAIL: BRAD R ANDERSON banderson@jarvisdefense.com EMAIL: BYRON F BURNESTER fburmester@slco.org EMAIL: CHOU CHOU COLLINS ccollins@slco.org EMAIL: SAMUEL P SUTTON ssutton@sico.org EMAIL: CARA M TANGARO cara@tangarolaw.com EMAIL: SCOTT C WILLIAMS scwlegalegmail.com 02/24/2017 /s/ KATIE JOHNSON Date: Deputy Court Clerk Printed: 02/24/17 10:57:00 Page 1 of 1