FLDS leader's lawyers seek dismissal of indictment

Fundamentalist LDS Church leader Warren Jeffs' defense team is asking a judge to dismiss the indictment against him, accusing Arizona prosecutors of presenting misleading information to a grand jury.

"The state presented inaccurate information, failed to present clearly exculpatory information, and improperly influenced the grand jury," lawyers Richard Wright and Michael Piccarreta wrote. "Accordingly, Mr. Jeffs is entitled to a remand."

In papers filed in Mohave County Superior Court, Jeffs' lawyers also announce they intend to pursue a defense that proves Jeffs' innocence and appear to be ready to pounce on a high-profile book deal by one of the alleged victims.

The Mohave County Attorney's Office did not immediately respond to a request seeking comment, but is expected to reply to the court in its own filings.

Jeffs is scheduled to appear in a Kingman court this afternoon for a scheduling hearing. The FLDS leader is charged there with sexual misconduct with a minor and incest as an accomplice, accusing him of performing child-bride marriages.

Indictments

In motions seeking to remand the indictments, Jeffs' lawyers argue that the massive pre-trial publicity surrounding the FLDS leader's case hurt his chances before the grand jury. They accuse Mohave County prosecutors of not

doing enough to ensure that jurors were impartial.

In both cases, Jeffs' attorneys argue that the alleged victims in this case are not full first cousins — and argue a technicality under Arizona law. It is something Mohave County prosecutors have refuted in recent court filings.

Most serious, Jeffs' defense team accuses prosecutors and law enforcement of making misleading statements to the grand jury to secure the indictment. In the case involving a young girl and a man named Leonard Barlow, the defense said prosecutors went into great detail about meetings that occurred between the couple and Jeffs.

"The state went so far as to present evidence that (the alleged victim) claimed that, at one of these meetings, Mr. Jeffs wanted her and Leonard to have sex right then and there," the attorneys wrote.

"However, the state conveniently neglected to inform the grand jury of (the alleged victim's) statements about what happened next, i.e., her claim that she opened a window, cut the screen, climbed out, threw a rock through Warren Jeffs' office window, and hid out in the woods for three days."

The attorneys noted that the window was 15-to-20 feet above the ground, questioning the accuracy of her story.