Monkey's Profile: Monkey Shining HeBoon covered with Allgier tattoos trapped after killing corrections officer

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.