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Typical Monkey Behavior: Monkey Shining HeBoon covered with Allgier tattoos trapped after killing corrections officer

Look, I made it jump!
04.09.2010 - 05:29
http://www.ksl.com/index.php?nid48&sid2263311
SALT LAKE CITY — Whether Curtis Allgier will be able to cover up the tattoos
that span the entire surface of his head and body during his upcoming
capital murder trial has not yet been decided.

But the judge who will ultimately make the decision expressed some doubts
Wednesday about how it could be done.

"What if at some point he sneezed or coughed or rubbed his makeup to show
the tattoos?" 3rd District Judge Paul Maughan asked. "I'm just trying to
figure out the logistics."

He said he was worried about the implications of granting such a motion —
particularly the cost and time it may take to cover the ink on the face,
neck, chest, arms and hands of the man accused of killing corrections
officer Stephen Anderson in 2007. But defense attorneys assured the judge
that Allgier could be covered up within 10 minutes.

"What if at some point he sneezed or coughed or rubbed his makeup to show
the tattoos? I'm just trying to figure out the logistics." -Judge Paul
MaughanMaughan, however, said that even if he were to allow Allgier's
various white supremacy, neo-Nazi-themed tattoos to be covered during trial,
he would not allow them to be covered up during a penalty phase — a hearing
during which jurors would decide whether to recommend life or death for
Allgier should he be convicted.

"I can tell you right now that's not going to happen," Maughan said. "In the
penalty phase, the state has the right to present Mr. Allgier as Mr.
Allgier."

Defense attorneys have argued that allowing the tattoos to remain visible to
jurors would be "prejudicial."

"We think that he should be judged on what he's proven to have done and not
what he looks like," defense attorney Ralph Dellapiana said.

Prosecutors counter that Allgier should appear as he was at the time of the
crime for the sake of identification. They say Utah law requires the
"defendant appear in court with his tattoos exposed just as he appeared on
the day of the alleged crime and just as the victim saw him — tattoos and
all."

Defense attorneys also asked Wednesday for copies of all audio and visual
recordings made during every day of Allgier's time in jail — from June 25,
2007 to the present. Though the judge was resistant to granting the request
citing the "cost and the waste of time," Dellapiana said Allgier's life may
depend on those recordings.

"Assuming he's convicted of aggravated murder, in the penalty phase it will
be important to see if he can be safely managed in a correctional facility,"
Dellapiana said after the hearing. "We think that these videos will show
that even when he's provoked by guards, he always acts like a model prisoner
and maintains an appropriate and respectful demeanor."

Attorneys for Allgier said they intend to file as many as 50 to 60
additional motions in the case. Dellapiana said the next will address
alleged breaches of attorney-client privilege because he believes jail
officials have been monitoring their meetings with Allgier and reading
Allgier's mail.

In addition to aggravated murder, Allgier is facing a number of other
charges, including aggravated escape, aggravated robbery and three counts of
aggravated attempted murder — all first-degree felonies. Prosecutors contend
that Allgier stole Anderson's gun, shot him, carjacked a vehicle and then
led police on a chase in which he twice tried to run over a deputy who was
setting up road spikes before trying to kill a restaurant worker and
customer at an Arby's restaurant.

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