Motion in FLDS case in Texas called long shot
 
By Dave Hawkins/Special to the Standard-Times
San Angelo Standard-Times
 
Tucson attorney Mike Piccarreta believes a motion to suppress evidence seized during April 2008 raids on the Yearning for Zion ranch near Eldorado stands a better chance of being granted in Arizona than in Texas.

Piccarreta in Arizona is defending Warren Jeffs, the head of the Fundamentalist Church of Jesus Christ of Latter Day Saints, the polygamous sect that owns the YFZ ranch where hundreds of women and children were rounded up in an investigation prompted by a sex offense allegation that was later proved to be a hoax.

Jeffs, 52, awaits trial in Kingman, Ariz., on charges of sexual conduct with a minor, offenses he allegedly facilitated by arranging FLDS spiritual marriages between two underage girls and their legally married adult relatives. Piccarreta filed a motion in September arguing that the Texas search was illegal and that any evidence seized at the YFZ should not be used in the prosecution of Jeffs in Arizona.

Attorneys for 10 members of the polygamous sect during a four-day session last week attempted to persuade 51st District Judge Barbara Walther that they deserve a hearing to argue that evidence that might be used against their clients who are accused in Texas of crimes involving underage marriages and child abuse should be suppressed. Walther is awaiting written briefs from the attorneys and the state before issuing a ruling.

Noting that Walther signed the warrant for the YFZ search, Piccarreta said he’s skeptical that she’d essentially reverse that decision by granting the suppression motion.

Piccarreta said granting the suppression motion will be an easier task for Mohave County Superior Court Judge Steve Conn, who has no political capital at stake regarding events in Texas. Piccarreta said there’s no dispute that the YFZ search was a product of Rosita Swinton’s misrepresentations and lies that she was a teenager impregnated by Dale Barlow of Arizona at the YFZ ranch.

Piccarreta said it’s unbelievable that Texas law enforcement authorities didn’t do more to verify information and allegations Swinton simply provided over the telephone.

Piccarreta said he expects an appeal if Walther rejects the suppression motion.

Matt Smith, the Mohave County attorney in charge of the Jeffs case, has repeatedly stated that he is not prosecuting the church or its polygamous culture. Smith instead has maintained his prosecution of Jeffs and other men from Colorado City because they have committed sex crimes against young women and underage girls.
 
gosanangelo.com
Originally published Wednesday, May 20, 2009
 
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