Jeffs daughter's case over

By Paul Anthony

San Angelo Standard-Times

Published: Saturday, Feb. 7 2009 12:00 a.m. MST

SAN ANGELO, Texas — Fundamentalist LDS Church leader Warren Jeffs' daughter is done. So is Natalie Malonis.

Texas Judge Barbara Walther dismissed all petitions and attorneys involved with the case of the now-17-year-old girl alleged to have been married to a 34-year-old man just after her 15th birthday — closing for good one of the highest profile and most contentious aspects of the long-running litigation surrounding the FLDS Church.

"I just couldn't believe what she was saying," said Teresa Jeffs' beaming mother, Annette Jeffs, after the hearing. "It's too good to be true."

Walther rejected Teresa Jeffs' court-appointed attorney Natalie Malonis' contention that she should remain on the case to ensure Annette Jeffs was given full custody of the girl, instead citing a decision by the state's Child Protective Services agency last week to dismiss the teen from the case as the overriding factor in whether any further proceedings should take place.

"Being perfectly frank and perfectly honest, it was the correct ruling," Malonis told the Deseret News afterward. "As soon as the department nonsuited, I thought my authority was in question."

Malonis had argued that a series of prospective witness statements from CPS in December stating that the girl had been in a "harmful, abusive environment" should be considered before Walther dismissed the case.

"The court can take notice of many things," Walther replied, "but the court must follow the law. The court cannot make the law. … This is an unusual case, but I don't see any authority for you to continue."

With that, Walther dismissed a raft of motions filed in the moments leading up to the hearing — including a motion filed by the San Angelo Standard-Times to quash a subpoena filed against one of its reporters, as well as an ongoing fight over whether to seal the deposition transcript from YFZ Ranch leader Frederick Merril Jessop.

"I was prepared to continue doing what I thought I needed to do," Malonis said, "but I'm relieved to have relief."

Walther also accepted the withdrawal of Carmen Symes Dusek as the attorney for a 14-year-old girl alleged to have been married to Warren Jeffs, the sect's leader, and signed an agreed order to seal a guardian's report filed in the case. She later appointed San Angelo attorney Leslie Crane to represent her, court clerks said. Crane declined to comment on the case when contacted by the Deseret News on Friday.

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