From Deseret News archives:
Search continues for FLDS men; Texas agency feels vindicated
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"If I felt like I had a legitimate request from her making up her own mind ... I would (remove myself)," she said. "But I don't think that's the case."
As for the latest motion by Futrell, as of noon Wednesday, a judge had not signed it yet, meaning she had not officially recognized the motion. And Malonis said she wouldn't be surprised if Walther took no action on the motion at all.
"I don't even think the judge will acknowledge he filed this, just like the last motion he filed," Malonis said.
Malonis also acknowledged that Jeffs will turn 17 on Saturday, the legal age in Texas that someone can consent to sex. But in terms of Malonis still representing Jeffs as her attorney ad litem, she said the birthday won't affect anything. Jeffs cannot, for example, say she no longer needs Malonis and fire her even though she is 17, Malonis said.
"As a practical matter, (her birthday) won't have an actual effect," she said.
The new motion talks about Malonis' "personal behavior in the recent past" that has brought into question her "judgment, lifestyle and her ability to cope with responsibilities and obligations."
Malonis chuckled when the Deseret News read her the motion and said she had no clue what she was doing in 2000 that was so wrong. Other media have suggested her divorce and child custody matters were at issue. But Malonis said she was divorced in 1998.
"Alan Futrell is not anyone to do anything with any kind of standing in the civil case. There's no need to respond at all (to his motion). However, since it's being published by the media ... what appears publicly is not necessarily an accurate portrayer of the facts. Alan can discuss whatever he wants in whatever way he wants, but that certainly doesn't make it accurate. This young lady is being controlled and manipulated and exploited and improperly influenced. My greatest desire is to get her out from under that," she said.
E-mail: preavy@desnews.com
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