Judge delays FLDS trial because of swine-flu concerns

By Michelle Roberts

Associated Press

Published: Thursday, Oct. 29 2009 3:25 p.m. MDT

ELDORADO, Texas — The first criminal trial stemming from the raid of a polygamist sect's Texas ranch came to abrupt halt Thursday after the child of a juror came down with a high fever and flulike symptoms.

Judge Barbara Walther recessed the sexual assault trial of Raymond Jessop indefinitely, saying a juror's child is younger than 5 and may have swine flu. She did not indicate when the trial may resume.

It took 2 1/2 days and the largest pool in Schleicher County history to seat a jury of 12 people and two alternates in the first of the criminal cases stemming from a raid that catapulted this tiny town into the spotlight as women and children in prairie dresses were taken off the Yearning For Zion Ranch.

Jessop, charged with sexual assault of a child, is the first of 12 men from the Fundamentalist LDS Church to face a criminal trial in Texas. The assault charge stems from his alleged marriage to a girl who was 16 when she became pregnant.

The jury began hearing the first testimony in the case Thursday morning. They heard only about four hours of testimony — primarily about how and where evidence was collected in the weeklong raid in April 2008.

The first witness, Texas Ranger Sgt. Nick Hanna, testified that he found the alleged victim in the sexual assault case with four other women and numerous children at a log cabin-style house during the early days of the raid.

Jessop was not there at the time, but he was considered a suspect by authorities early on, even as state officials struggled with how to handle the 439 children they took from the ranch and placed in state custody. Hanna acknowledged under cross-examination that Jessop was considered a potential suspect as the raid was concluding and that he went to San Angelo to collect a blood sample from him.

Other witnesses Thursday testified that DNA was also taken from the alleged victim, now 21, and from her daughter, now 4.

Authorities seized three trailer loads of evidence from the residences and temple at the ranch, and piles of documents, disks and books were stacked onto the ledge of the witness stand for identification during the testimony Thursday — an indication of how document-heavy the case against Jessop is.

FLDS spokesman Willie Jessop said Thursday that the piles of documents were proof that prosecutors don't have a victim.

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