From Deseret News archives:
Texas fights FLDS challenge
Warrants valid even if call for help was a hoax, affidavit says
In a 51-page court filing, the Texas Attorney General's Office lays out a case for "probable cause" that a crime had occurred on the Utah-based polygamous church's sprawling Eldorado property.
"Both affidavits set forth facts establishing probable cause on each element of sexual assault of a child (both warrants) and bigamy (second warrant) and properly allege a particular description of the property to be served," deputy Texas attorney General Stephen R. Lupton wrote.
Lawyers for the FLDS Church, YFZ Ranch leader Merril Jessop and Lyle Jeffs are challenging the constitutionality of the search warrants. A hearing has been scheduled Oct. 1 in San Angelo, Texas, on the issue.
Arguing why the search warrants were valid, Texas authorities said they based it on phone calls to a crisis shelter hotline by a 16-year-old girl named "Sarah," who said she was pregnant, being abused and could not leave the YFZ Ranch.
Beyond that, Lupton said Texas Rangers had probable cause to believe ranch residents could be hiding her, or preventing her from leaving.
"The second affidavit included facts above and beyond the first affidavit and was based on observations made by law enforcement and government officials during the execution of the first search warrant," Lupton wrote. "Such observations established probable cause to believe that victims, suspects, and evidence of crimes of sexual assault and bigamy could be located in temples, temple annexes, places of worship, vaults, safes, lockboxes and locked drawers."
Lupton laid out a long list of young women who were questioned by either Texas Rangers or Child Protective Services caseworkers. One spoke of a 16-year-old girl who was married, had a baby and was currently pregnant. When asked how old she was, one looked at a man who responded: "You are 18," an answer the girl parroted.
The call itself is believed to be a hoax, something the FLDS Church's attorneys point out in their challenge. A Colorado woman has been declared a "person of interest" in the ongoing investigation. Dale Barlow, a convicted sex offender from Colorado City, Ariz., whom "Sarah" named as her husband, was dropped from an arrest warrant as it became apparent the call was a fake.
Recent comments
Lawrence vs Texas was a case on the sodimy law. It had nothing to do...
common sense | Sept. 20, 2008 at 6:17 p.m.
re Observer 7:04am
actually I have no stake whatsoever other than:...
realitycheck | Sept. 20, 2008 at 5:16 p.m.
THanks for the info. Just to continue with this line. Is the...
zxcvbnm | Sept. 20, 2008 at 3:22 p.m.
- Kirilenko heating up for the Jazz 11:45 p.m.
- Jazz outlast Pistons in overtime 11:40 p.m.
- Angel placed atop temple 11:40 p.m.
- Thanksgiving's roots 11:39 p.m.
- Becky Thomas: Romantic spots 11:39 p.m.
- YSAs hold tournament 11:38 p.m.
- Chad Lewis gives great message 11:38 p.m.
- Lalas: L.A. is the favorite 11:38 p.m.
- Seattle a model for MLS 11:38 p.m.
- Church News viewpoint: 'This day' 11:37 p.m.
- Glenn Beck to enter politics?
- Can BYU throw vs. Air Force?
- Cougars cruise to victory in Hawaii
- Huntsman blasts media over trip
- Christian leaders not backing down
- Police link alcohol to murder
- TCU still has a chance
- Orem man acquitted in tot's death
- Hall breaks BYU record with win
- Religion cited in deportation fight
- Buttars wants to limit gay rights laws
192 - Palin plans tour stop in Utah
173 - Glenn Beck to enter politics?
126 - Palin's book shows she's unqualified
122 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
100 - Jazz finally win in San Antonio
98 - Utes knock off rival Aggies
93 - Hall breaks BYU record with win
93 - Huntsman pleased with Obama
87
A little after midnight Wednesday morning, about 21 hours ago as I write...
There's a lot of reason to leave your plastic home as you shop:
I am a ute fan, but I really love the cougars. I am a great ute fan, but the...
Any congressman who votes for this health care bill should be sent home....
It's already tough enough to swallow awful losses, but beating up on small...
AK belongs on the ballot long before Millsap. I thought he was supposed to...
The biggest joke is this sentence, "Provo recently restructured Broadweave's...
I am still waiting to see a football player tackle someone on the opposing...
Not the prettiest game, but Carlos finished extremely well. Lets see how long...
Whether or not the jury felt he was not innocent doesn't change the fact that...
are you kidding me ? those "pesky" seniors were a big part of binghams team...
guns don't kill people....people with guns kill people.

