From Deseret News archives:
Judge won't be booted from FLDS case
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Walther signed a temporary restraining order that technically prevents Jeffs' mother from allowing her daughter to have any contact with Jessop. A hearing on a more permanent restraining order will be held this afternoon.
On Monday, Malonis said she spoke with the attorney for Jeffs' mother, but no agreement could be reached.
"I hoped we could, but no ... ," she told the Deseret News.
Malonis said she is prepared to call witnesses and present evidence to suggest that the girl is being intimidated and pressured by FLDS members. The judge is not expected to consider Jeffs' request for a new lawyer.
Rod Parker, a Salt Lake attorney acting as a spokesman for the FLDS, believes Malonis is not following her court-appointed duties. Because Malonis is Teresa Jeffs' attorney ad litem and not her guardian ad litem, her job is to be an advocate for the child, he said.
Although the hearing is supposed to be limited to the restraining order, Parker hoped the issue of Jeffs' attorney would be brought up, since that was what initially led to the restraining order.
When the Texas Supreme Court ordered the hundreds of children taken in the April 3 raid to be returned to their parents, Jeffs was exempted.
Malonis said in court papers it was because the girl was an identified sex-abuse victim who had been "spiritually united" to an older man at 15. A special order was put in place for Jeffs, preventing her from contacting her father FLDS leader Warren Jeffs and a man named Raymond Jessop, who was not further identified.
The Deseret News normally does not name sex-abuse victims, but the girl has gone public in media interviews and in an e-mail forwarded to the Deseret News. She insists she is not a victim. In her e-mail, the girl said neither Willie Jessop nor Raymond Jessop has ever threatened her.
"That have treated (sic) so very kindly," she wrote.
Jeffs wrote in the communication with Malonis that she did not want the grand jury subpoena, but acknowledged being served.
"Well, they want me to appear before a grand jury. I do not have confidence in you and how can I get you to help me in such a situation that I am in when it feels like to me all you are doing is going against me," she wrote. "So, that is the reason that I am asking you to step aside and let me do what I need to do to and get me a different attorney."
E-mail: preavy@desnews.com; bwinslow@desnews.com
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