Arizona prosecutor dropping one case against Warren Jeffs

Because one of the alleged victims refuses to testify, the Mohave County Attorney is dropping one case against Fundamentalist LDS Church leader Warren Jeffs.

In a motion to dismiss filed in Mohave County Superior Court, Mohave County Attorney Matt Smith asks a judge to drop a case with prejudice that charged Jeffs with sexual conduct with a minor and conspiracy to commit sexual conduct with a minor.

In the motion, Smith writes that the victim "has been contacted and has indicated through her attorney, Mik Jordahl, that she would not cooperate or testify in the present case."

"The state cannot prove its case without the testimony of the victim," Smith wrote in the court document, filed March 10. "For this reason, the state requests this case be dismissed with prejudice at this time."

Dismissing a case "with prejudice" means that it likely will not be refiled again.

Smith has acknowledged in the past the case was on shaky ground. He dismissed the case against FLDS member Randy Barlow because the alleged victim refused to cooperate. In a 2006 letter to the judge in the case, Candi Shapley described herself as "the supposed victim of a case that has been blown out of proportion in an effort to get Warren Jeffs."

Shapley said she felt prepared for a marriage granted by Jeffs. She said she felt pressured to testify by Mohave County authorities while her baby was having surgery in Salt Lake City.

"Of course I said whatever they wanted me to say," Shapley wrote. "I wanted to get it over with and be done with it.

"And of course I regretted it afterward," she added. "I never had any intention of making any trouble for anyone."

Jeffs is still facing other charges, including sexual misconduct and incest in two other cases. One of those victims is Elissa Wall, who was the prosecution's star witness in the case against Jeffs in Utah. It was her testimony that led to his conviction in Washington County on charges of rape as an accomplice.

Jeffs is now serving two five-to-life terms. His criminal defense attorneys in Utah are seeking a new trial, arguing errors and improprieties in the jury deliberation process. A motion on that will be heard in St. George's 5th District Court on April 24.

Jeffs, who is now in the custody of Arizona authorities, has a brief court hearing scheduled Wednesday in Kingman.

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Contributing: Aaron Royster, Kingman Daily Miner

E-mail: bwinslow@desnews.com