Utah banking on FLDS evidence

Prosecutors in Utah are beginning to get a glimpse of some of the massive amounts of evidence seized by law enforcement during the raid on the Fundamentalist LDS Church's YFZ Ranch in Texas.

But any hopes of building criminal cases may evaporate if lawyers for the polygamous sect succeed in getting the search warrants tossed.

"We're certainly interested, and we will follow up on that stuff," Utah Attorney General Mark Shurtleff said in a recent interview with the Deseret News. "If we're not allowed to keep that evidence or use it in criminal prosecutions, then we're back to square one."

Among the hundreds of thousands of pieces of evidence seized from the Yearning For Zion Ranch's temple grounds were marriage records and dictations by FLDS leader Warren Jeffs.

Some of the evidence has become public since it was entered into court records in the separate child custody battle over children from the YFZ Ranch. Exhibits entered into a recent court case and obtained by the Deseret News show at least three underage marriages took place in the FLDS enclave of Hildale, Utah.

One of the Utah marriages, Texas child welfare authorities claim, took place in 2004 between FLDS leader Warren Jeffs and a girl who was only 13.

Texas lawyers for the FLDS Church recently renewed their challenge to the search warrants.

"Both warrants having now been returned (the FLDS Church) ask the court. ... to conduct a hearing, take testimony and determine whether 'good ground' existed for these warrants and the searches conducted pursuant thereto, and to take measures to protect matters of privilege and privacy in the property seized," FLDS attorney Cynthia Orr wrote in a June motion renewing their challenge.

A judge in San Angelo has scheduled an Oct. 1 hearing on the matter. Lawyers for the church claim the search was illegal, having been based on a hoax phone call that launched the raid, and what was seized may fall under priest-penitent privilege.

Texas authorities have declined to comment on their evidence. Shurtleff said he believes the search warrants will be upheld.

On April 3, Texas Child Protective Services and law enforcement responded to the YFZ Ranch on a call from someone claiming to be a pregnant 16-year-old in an abusive marriage to an older man. The girl was never found, and the call is believed to be a hoax. Authorities claim that once there, they saw other signs of abuse.

That prompted a judge to order all the children removed and placed into foster care. The 440 children were returned to their families a couple of months later after the Texas Supreme Court ruled the state acted improperly and there was no imminent danger.