Marcus R. Mumford (12737) Bret W.

Rawson (11083) MUMFORD & RAWSON LLC 15 West South Temple, Suite 1000 Salt Lake City, UT 84101 Telephone: (801) 428-2000 Email: mrm@mumfordrawson.com brawson@mumfordrawson.com Helen H. Redd (6020) P.O. Box 171435 Holladay, UT 84117 Telephone: (801) 598-5547 Email: helen@helenreddlaw.com Attorneys for Defendant IN THE THIRD JUDICIAL DISTRICT COURT FOR THE STATE OF UTAH, SALT LAKE CITY DIVISION STATE OF UTAH, Plaintiff, v. MARC SESSIONS JENSON, Defendant. As set forth in the recently-filed motion to recuse and disqualify the Utah Attorney Generals Office from the prosecution of this matter (Motion To Recuse), there is a history of threatening and/or suspicious behavior on the part of persons associated with the Utah Attorney Generals Office, including but not limited to Attorney General John Swallow, former Attorney MEMORANDUM IN SUPPORT OF DEFENDANTS EX PARTE MOTION FOR A PROTECTIVE ORDER Case No. 111906135 Honorable Judge Elizabeth A. Hruby-Mills

General Mark Shurtleff, their self-described fixer, Tim Lawson, and prosecutors Scott Reed and Che Arguello. (See Motion To Recuse, filed June 15, 2013, at 5-25 and Exs. B, C & D.) Since Mr. Jenson filed his Motion To Recuse, there have been additional threats made and/or suspicious calls made to, among others, Mr. Jensons counsel, Mr. Jensons wife, and witnesses who submitted sworn declarations in support of the motion to recuse and disqualify. For example, Mr. Jensons counsel received a call from Chief Deputy Attorney General Kirk Torgensen last Saturday morning, where Torgensen expressed anger at being named in the Motion To Recuse, referring to counsel as guy, as in hey, guy, and advised in a menacing manner that Mr. Jensons counsel should be careful.1 Among other things, Torgensen also stated that he had attempted for some time to get Lawson to stop interfering, and that the actions of Swallow disgusted him and he did not want to be associated with allegations against Swallow and Shurtleff.2 Torgensen also made reference to his prior direct contact with Mr. Jensons wife.3 Following the hearing held on Monday, June 24, 2013, in this matter, Torgensen contacted counsel again in a manner that suggested he may be recording the conversation.4 Among other things, it appears Torgensen may have attempted to obtain an admission from Mr. Jensons counsel that the prior call was not a threat.5 Torgensen attempted to explain that he was angry in his earlier call over news stories and that anger had not been directed at Mr. Jensons

1 2 3 4 5

See attached Declaration of Bret Rawson 6-8. Id. 14, 17, 24. Id. 11. Id. 22. Id.

counsel.6 In the same time period, some of the witnesses who submitted sworn declarations have also received repeated calls either from Shurtleff or certain blocked or unknown numbers.7 This court has inherent authority to govern the conduct of attorneys and parties appearing before it. The rules of criminal procedure provide the right of witnesses to be free from threats, intimidation and harm by anyone seeking to induce the victim or witness to testify falsely. Utah R. Crim. P. 35(b). Utah Code Ann. 77-3-4 contemplates the issuance of temporary restraining orders to keep the peace. Finally, the rules suggest that Utah Rule of Civil Procedure 65A may apply in criminal matters to those situations that present potential irreparable harm, where a threatened injury outweighs whatever damage the proposed order or injunction may cause the party restrained or enjoined, where it would not be adverse to the public interest, and where the matter at issue presents serious issues on the merits which should be the subject of further litigation. Utah R. Civ. P. 65A & 81(e). Here, Mr. Jenson has raised serious issues concerning misconduct on the part of the Utah Attorney Generals office and persons associated with the office. To keep the peace and ensure that witnesses are free from intimidation and threats, Mr. Jenson seeks a temporary order to enjoin persons associated with the Utah Attorney Generals office, including former attorney general Mark Shurtleff, from having any contact with Defendant, his family, his counsel, and those witnesses who filed sworn declarations in support of the Motion To Recuse. A proposed
6 7

Id. 23. See attached Declaration of Stori Jenson and Declaration of Paul Nelson.

order is attached. Respectfully submitted this 28th day of June, 2013. MUMFORD RAWSON, LLC /s/ Marcus R. Mumford Marcus R. Mumford Bret W. Rawson Helen H. Redd Attorneys for Defendant

IN THE THIRD JUDICIAL DISTRICT COURT FOR THE STATE OF UTAH, SALT LAKE CITY DIVISION STATE OF UTAH, Plaintiff, v. MARC SESSIONS JENSON, Defendant. [PROPOSED] ORDER GRANTING DEFENDANTS EX PARTE MOTION FOR A PROTECTIVE ORDER Case No. 111906135 Honorable Judge Elizabeth A. Hruby-Mills

The Court, having considered Defendants Ex Parte Motion For A Protective Order, filed June 28, 2013, in the above-titled matter, and good cause appearing: IT IS HEREBY ORDERED that persons associated with the Utah Attorney Generals office, including former attorney general Mark Shurtleff, shall have no contact with Defendant, his family, his counsel, and those witnesses who filed sworn declarations in support of Defendants Motion To Recuse And Disqualify The Utah Attorney Generals Office (Motion), pending further notice. Dated this ______ day of _________________, 2013.

____________________________________ Honorable Elizabeth A. Hruby-Mills Utah District Court Judge