But district court Judge Elizabeth Hruby-Mills left it open for the defense to re-file their motion.
The motion to force Mark Shurtleff and John Swallow to take the stand is part of the case against Marc Sessions Jenson. He was convicted of securities fraud and along with his brother is also waiting trial on new fraud charges.
His attorney claims Jenson was "shaken down" for money from then Attorney General Mark Shurtleff when allegations first surfaced and when he refused to pay Marcus Mumford claimed Jenson was prosecuted.
Mumford also says his successor John Swallow withheld evidence and wants them on the stand.
"(It’s) so that we can ask them about what was going on, so that we can ask them about the destruction of evidence that took place,” says Jenson’s attorney Marcus Mumford.
But Judge Hruby-Mills denied the request during a telephone conference Wednesday.
The arguments were made last month prior to the charges filed against Swallow and Shurtleff.
Mumford says he plans to re-file his motion and it will include the charges as part of his argument for them to take the stand.
"We need them and we need to continue to press the issue so that we can make sure that any trial that Mr. Jenson gets is fair," says Mumford.
But the attorney contracted by the attorney general’s office says bringing Shurtleff and Swallow onto the stand is pointless because the alleged "shakedown" happened after Jenson and his brother were accused of wrong doing.
"A lot of this other conduct was after the fact,” says Tim Taylor. “And so we had argued that wasn't relevant whether or not Mark and Steve Jensen committed communications fraud or theft or money laundering."
Judge Hruby-Mills also denied a motion to have separate trial for Mark and Steven Jensen.
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