OGDEN -- Prosecutors are resisting a defense subpoena requesting policy and training manuals from three police agencies in the Matthew Stewart case.
Stewart faces the death penalty in the Jan. 4 shootout with the Weber-Morgan Narcotics Strike Force at his home that left Agent Jared Francom dead and five other officers wounded. Stewart's three-day preliminary hearing on nine felony charges begins Oct. 31.
His attorneys have subpoenaed the Ogden and Roy police departments and the Weber County Sheriff's Office for copies of each agency's manuals.
The officers with the strike force in the Jan. 4 shootings were from those agencies.
"The state objects to these subpoenas based on Rule 14(a)(2) of the Utah Rules of Criminal Procedure because they are unreasonable," reads a motion from the Weber County Attorney's Office seeking to quash the subpoenas.
"The materials sought are irrelevant to any issue in this criminal proceeding."
The prosecution and the defense have sparred over virtually every defense motion filed in the case, the volume of filings much higher than normal, as is typical of death penalty cases.
Most recently, it took several scheduling sessions in 2nd District Judge Noel Hyde's courtroom before the preliminary hearing could be scheduled, as the prosecution disputed the need of the defense to see ballistics tests before even planning for the hearing.
Stewart is charged with capital homicide in Francom's death and seven counts of attempted aggravated murder for allegedly shooting at seven other officers that night, injuring five.
Agents of the Weber-Morgan Narcotics Strike Force were serving a search warrant on Stewart's home at the time. Later, 16 marijuana plants were removed from the home.
Stewart was also shot and has been transferred at least once from jail to a hospital for continuing treatment of his injuries.