Prosecutor’s Removal From Office Upheld

The Utah Court of Appeals has reversed a district court order that had overturned the removal of an assistant county attorney from office based on misconduct in a criminal case.

Larsen’s explanations in the pretermination hearing prompted County officials to briefly explore unrelated (and unnoticed) misconduct, and the County Attorney even referenced that misconduct in the termination letter. But Larsen’s misconduct relative to the Apadaca trial was the clear focus of Larsen’s pretermination hearing, his termination letter, and his hearing before the Davis County Career Service Council. The Council held an appropriate hearing and concluded, in brief but unmistakable findings, that the charged misconduct alone warranted termination. In light of the foregoing, Larsen received all the process he was due.

 The allegations of misconduct involved the attorney’s showing a photograph of the defendant to a witness.

He failed to correct the record when the witness denied that he had been shown such a photo prior to trial. A mistrial was declared after a second witness testified accurately about being shown the photo. (Mike Frisch)