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Court hears case for expungement amid criminal investigation into false police reports

September 20, 2024 | Fourth District Court - Provo District, Utah County, Utah District Courts, Utah Judicial Branch, Utah


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Court hears case for expungement amid criminal investigation into false police reports
A recent court hearing in the case of 211401656 State of Utah vs. Mark Stewart Allen has brought to light serious allegations of misconduct and a pending criminal investigation related to false police reports from 2017 and 2018. During the proceedings, Allen expressed his concerns about due process violations and the impact of these allegations on his life, including his current state of homelessness.

Allen has petitioned the court to delay the expungement of his record until the investigation is complete, citing the need for transparency and accountability. He mentioned that there are still 11 pieces of evidence he expects to receive soon, which could be crucial to his case. Allen emphasized that he believes the expungement process should not proceed while unresolved criminal allegations linger.

The court discussion also touched on the involvement of various attorneys and prosecutors, with Allen highlighting the dismissal of several prosecutors from the office of former prosecutor Levitt, whom he accused of misconduct. He expressed a desire for a special investigator to be appointed to address the alleged violations and to help rectify the situation for those affected.

The judge acknowledged the complexities of the case and indicated a willingness to consider Allen's request to toll the expungement pending the investigation. However, he clarified that he could not respond to pleadings in a closed criminal case and suggested that Allen might need to pursue civil action if he wished to seek further remedies.

As the case unfolds, the implications for Allen and the broader community remain significant, particularly regarding the integrity of the legal process and the potential for justice for those impacted by the alleged misconduct. The court's next steps will be crucial in determining how these issues are addressed and resolved.

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