From Deseret News archives:
Arizona defends evidence
Prosecutors say FLDS lack grounds for their challenge
"The defendant seeks suppression of evidence that is either not relevant to the current charges or that the state does not intend to use in the prosecution of the charges," Mohave County Attorney Matt Smith wrote in court papers filed earlier this week.
Jeffs, 52, is charged in Arizona with sexual conduct with a minor, accusing him of performing child-bride marriages.
Concerned that Arizona investigators spent time in Texas reviewing thousands of documents seized by authorities there, Jeffs' attorneys filed a motion to suppress any evidence seized in the YFZ raid and keep it out of his case in Kingman, Ariz.
"Accordingly, the state of Arizona now bears the burden of proving that no evidence obtained from the Texas raid is used, directly or indirectly, against Mr. Jeffs in the present proceedings," Jeffs' defense attorneys Richard Wright and Michael Piccarreta wrote in a motion filed earlier this month. In their response, prosecutors said they did disclose a pair of marriage certificates from the YFZ Ranch to the defense but do not plan to use them in their case against Jeffs.
As leader of the FLDS Church, his attorneys say, Jeffs has standing to challenge the search warrants, something Smith questioned. Jeffs relinquished his role as leader of the polygamous church in a series of jailhouse conversations recorded by Washington County authorities, and his life as a fugitive and years of incarceration also show he is no longer a resident of the YFZ Ranch, the Mohave County Attorney says.
"Additionally, since the defendant relinquished his role as leader of the FLDS while in Utah custody, he cannot now assert that he was in control of the YFZ Ranch as the leader of the FLDS at the time of the search on April 6, 2008," Smith wrote. "It is settled law that one has no standing to complain of a search or seizure of property he has voluntarily abandoned."
The YFZ Ranch was raided based upon a call from someone claiming to be a pregnant, abused 16-year-old girl married to an older man. The call is believed to be a hoax, something Jeffs' attorneys pounced on in their challenge.
Recent comments
Anonymous:
FLDS stands for Fundamentalist [Church of]...
R | Oct. 6, 2008 at 5:07 a.m.
Well since Texas has indicted warren jeffs themselves, he will be...
common sense | Oct. 4, 2008 at 7:56 p.m.
Arizona Indian - the answer to your question about how many lawyers...
Cochise | Oct. 4, 2008 at 7:11 p.m.
- Sandy annexation put on hold 11:53 p.m.
- Mental tests ordered for suspect 11:52 p.m.
- Provo man charged in death of baby 11:51 p.m.
- Joseph and Hyrum, true gentlemen 11:49 p.m.
- Toning up spiritual muscles 11:49 p.m.
- 3A playoffs: Tigers vs. Miners 11:49 p.m.
- Mormon Media Observer 11:49 p.m.
- Man denied bail in shooting of officer 11:47 p.m.
- Fugitive finance chief found in Vegas 11:47 p.m.
- Turner could receive Montana bison 11:44 p.m.
- Utah group finds homes for orphans
- Pratt pleads not guilty to sex charges
- Y. tight ends talented tandem
- Jazz blow big lead, hang on
- Utes get extra motivation
- Senators want food tax restored
- Hair-pulling raises more questions
- BYU soccer incident still popular
- Lobo land like home for BYU lineman
- U. hopes to keep clicking
- House passes health care bill
263 - TCU showdown has big implications
188 - Lobo suspended
185 - Cougars crush hapless Cowboys
155 - Senators want food tax restored
149 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
105 - S.L. vote pending on gay protections
104 - RSL rallies to advance
103
Applebee's Neighborhood Grill & Bar restaurants nationwide will honor...
Meghan McCain, the daughter of former presidential candidate John...
Maybe we should just back up 50 years and do away with all laws etc. passed...
So does Hall enjoy absorbing the contact as Call says, or in Hall's own...
Well put, let it die. A lot people who want the health care bill haven't...
If Jerry studies "game tape" he will see how to beat the Celtics, see Phoenix...
This headline is deceptive. The Church is not kowtowing on "gay rights" and...
Suspend her for half of next season. Fine the coach/school for not taking...
So, is this going to help her social life?
While I do not agree with Bob Bennett on everything, I do agree that the way...
"hee hee hee hee" Maybe it is coaching? nooooooo.....
Right there with you guy.



