The state attorney general's office says it will appeal a Tuesday ruling by a 4th District judge ordering the return of documents seized from two Utah County residents during searches last year.
Judge Cullen Y. Christensen said the Feb. 20, 1991, searches of the home of David R. Nemelka in Mapleton and the office of Laura Lee Sorenson in Springville were unconstitutional. In November, Nemelka and Sorenson were charged with multiple counts of securities fraud in 3rd Circuit Court for allegedly manipulating the stock of Sweet Thanks International Inc., a public candy company.When state investigators prepared an affidavit in support of the search warrants, they failed to include pertinent information about Sweet Thanks' operations, Christensen said. He also said the warrants were overbroad and the executing agents exceeded the scope of the warrants by taking items they were not entitled to. He ordered all the evidence seized during the searches suppressed and returned to Nemelka and Sorenson.
The attorney general's office said it will file a motion to stay Christensen's ruling while its appeal is being considered.
"The attorney general's office strongly disagrees with the court's ruling, believing errors have been made which warrant an appeal," a statement from the attorney general's office says.
Despite the outcome of the appeal, the attorney general's office said it believes it has sufficient evidence to support each of the 29 combined counts against Nemelka and Sorenson.
A preliminary hearing for Nemelka and Sorenson is scheduled May 26 in 3rd Circuit Court before Judge Paul Grant.