SALT LAKE CITY — Defense attorneys believe that the tattoos that have become synonymous with Curtis Allgier — who is accused in the killing of a corrections officer — may put the man at risk of an unfair trial. Allgier, 30, “is covered from head to toe in tattoos,” the defense motion states. His eyes peer out in the midst of the words “Skin Head,” numerous swastikas and myriad other white supremacy and neo-Nazi symbols. Defense attorneys want to cover up his many tattoos, and defense attorney Ralph Dellapiana said they're “pretty much stuck with heavy makeup” when it comes to options. It is the tattoos on his face, neck, chest, arms and hands that the defense is concerned about, saying that allowing the tattoos to remain visible would be “prejudicial and would violate his due process right to a fair trial.” Dellapiana said the motion was filed because they want to avoid associations with Adolf Hitler, which they believe may be triggered by the swastikas. “If that's how they start off the case, thinking about Curtis Allgier like he's some monster equivalent to Adolf Hitler, then they're not going to be able to keep an open mind about the facts of the case,” he said. The defense want the jury to be able to hear the facts of the case and come to know Allgier as a person without being distracted by the tattoos. Dellapiana acknowledged, though, that there isn't a lot of guidance from similar cases and he isn't sure what the judge will do with the motion. The defense was apparently alerted to the issue by way of reader comments on Internet news stories. “Counsel for defendant have noted that since defendant was arrested on this case, numerous public comments to news stories about defendant have focused on defendant's neo-Nazi and white-supremacy tattoos and made comments that were vulgar and derogatory,” the motion states. Allgier's appearance and his white-supremacist beliefs caused a stir as recently as April after the inmate scheduled a wedding on Hitler's birthday that was later canceled. The defense then states that while covering the tattoos would “substantially change Allgier's appearance from the way he looked” on the day he allegedly shot and killed officer Stephen Anderson, 60, and potentially impact the state's case, the potential prejudice in Allgier's case would outweigh the issues a cover-up would cause the state. Allgier is charged with capital murder in the death of Anderson, and prosecutors have said they intend to seek the death penalty. He 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. No trial date has been scheduled, but his next court appearance is set for Sept. 1. http://www.deseretnews.com/article/700037680/Defense-wants-Allgiers-tats-covered… added by: Stoneyroad
