Swinton may be witness in FLDS evidence challenge

The 440 children were ultimately returned to their parents after the Texas Supreme Court ruled the state acted improperly in removing all of the children. Court hearings are scheduled here today, where CPS will seek to take custody of eight children again, arguing their mothers have failed to keep them from men who have had involvement in underage marriages.

Swinton is charged in Colorado Springs with making a hoax call to police that prompted a massive search there in February for an abused 13-year-old chained in a basement. When Swinton was arrested, Texas Rangers were there. Arrest warrant affidavits suggest that phone numbers linked to her are the same that "Sarah" used to make her calls for help.

Swinton is scheduled to be in a Colorado court Aug. 28 for a hearing on her case, where she may take a plea deal on a misdemeanor charge of making a false report.

"The investigation into Ms. Swinton continues," Tela Mange, a spokeswoman for the Texas Department of Public Safety, said in an e-mail to the Deseret News.

Calls to FLDS lawyers involved in the search warrant battle were not immediately returned on Friday. Swinton's lawyer in Colorado has not responded to past requests for comment.

Prosecutors filed a challenge to the subpoena for a Texas Ranger involved in the case, noting that Ranger Shawn Palmer would be required to bring "work product on the part of law enforcement," assistant Tom Green County district attorney Allison Palmer wrote.

Six men, including Warren Jeffs, have been indicted by a grand jury in nearby Eldorado on charges ranging from sexual assault to bigamy to failure to report child abuse. The grand jury is scheduled to meet again on Thursday.

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E-mail: bwinslow@desnews.com