Arizona defends evidence

Prosecutors say FLDS lack grounds for their challenge

Published: Saturday, Oct. 4, 2008 12:52 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
Arizona prosecutors are responding to a challenge of evidence seized from the Fundamentalist LDS Church's YFZ Ranch in the upcoming trial of polygamist sect leader Warren Jeffs.

"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.

Story continues below

"As of the date of this filing, the state of Arizona has not charged the defendant with any crimes arising from evidence seized during the execution of the search warrants at the YFZ Ranch," Smith wrote. "This obviates standing to raise the issues the defendant asserts in his motion to dismiss."

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.

"Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find," Wright and Piccarreta wrote. "The United States and Arizona constitutions clearly prohibit the use of any such illegally obtained items against Mr. Jeffs."

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.

previousnext

Latest comments

THis is a great move. Thomas is great at defense and Millsap needs more...

The Jazz need a defensive presence and they need to get rid of Carlos Boozer...

Blake will give the jazz another needed 3 point threat, therefore helping...

What I like about the potential trade is you'd have to assume Portland will...

Portland gets Hinrich from Chicago and Fesenko from Utah. Chicago gets...

about time the Jazz are called to town on this issue lets see if we can trade...

Now, anonymous, you know who I am. I recommend that you read the Book of...

i was a news editor for a houston morning newspaper -- now deceased (thanks...

jazz get: john salmons travis outlaw tyrus thomas nicholas batum bulls...

i would like to get more for Snoozie...However if this brings chemistry think...

Advertisements