Search warrants challenged
They were based on lies to a judge, FLDS lawyers say in motion
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"Here, Rozita Swinton's hoax not only did not support 'probable cause' it constituted a criminal offense," Goldstein wrote, wondering why she hasn't been charged yet.
Lawyers for the FLDS men also allege police had searched the temple before they had even obtained a search warrant for it and were taking DNA samples from men on the ranch even after Walther had ordered them not to.
"It is clear from the outset, that rather than seeking the warrant to locate but one 16-year-old, pregnant mother, who had called the Family Services Hotline in San Angelo several days before, the officers' conduct and their own words reveal that their true purpose was to round up and interrogate all the young females between the ages of 7 and 17 hoping to uncover evidence of any crimes against the children present on the searched premises," Goldstein wroteAttacking the state's claim that the YFZ Ranch was "one property," Goldstein pointed out that police searched 19 separate homes, a temple, a medical facility, a dairy, a cabinet shop, a warehouse, a school, a leather shop, a sewage processing facility an.d a cement plant scattered across 1,600 acres.
"This is precisely the kind of 'general warrant' that the Fourth Amendment was designed to prohibit," he wrote.
The Texas Attorney General's Office attacked the motions to suppress as "baseless and without merit."
"The state of Texas will vigorously oppose these attempts to exclude evidence about the multiple defendants who have been indicted for sexually abusing children, among other offenses," said Dirk Fillpot, a spokesman for Texas Attorney General Greg Abbott.
The FLDS men's lawyers are demanding the return of hundreds of boxes of evidence and thousands of photos, diaries, dictations and other documents seized.
Walther has scheduled a May 13 hearing on the evidence challenge. Trials for some of the men facing criminal charges are scheduled to begin in October.
Absent from the court motion is mention of a federal search warrant executed on the last day of the raid. Depositions connected to the FLDS cases have also revealed the existence of a federal grand jury, presumably investigating fraud and allegations of transporting minors across state lines for the purposes of sex.
E-MAIL: bwinslow@desnews.com
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Recent comments
These lawyers would be remiss if they didn't protest everything about...
Gal50 | April 18, 2009 at 12:02 a.m.
You can't base the number of 'homes' on the number of mothers....
bob | April 16, 2009 at 9:30 a.m.
Actually it wasn't 19 homes it was about 89 homes based on the number...
Joey | April 16, 2009 at 5:00 a.m.
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