Justice still can be served
 
Opinions
The Arizona Republic
 
Justice is elusive in Arizona's secretive polygamous community, but those attempting to enforce the law there should not give up.

The dismissal of all Arizona charges against Warren Jeffs, the so-called prophet of the Fundamentalist Church of Jesus Christ of Latter Day Saints, is a reminder of how difficult prosecuting these cases can be.

The multistate polygamous sect that Jeffs heads has no connection with the mainstream Mormon Church. Jeffs' group preaches that plural marriage is necessary to reach heaven and that so-called "spiritual marriages" of underage girls to older men are common.

Recently, laws against sexual conduct with a minor have been used to go after those who participate or arrange these marriages.

But, in the 1950s, a raid on the polygamous enclave by Arizona authorities failed miserably as images of children being torn from their mothers' arms won sympathy for the polygamists. For decades after that, the twin polygamous communities of Colorado City, Ariz., and Hildale, Utah, practiced their perversions in obscurity.

But about 10 years ago, Arizona Attorney General Terry Goddard and Utah Attorney General Mark Shurtleff decided to try again. Instead of raids, they established a presence in the communities and tried to build trust so that witnesses would be willing to testify. Some prosecutions were won, including a 2007 conviction in Utah against Jeffs. He was sentenced to two consecutive terms of five years to life. The case is being appealed to the Utah Supreme Court.

In Arizona, several cases against Jeffs fell apart because witnesses would not testify. In the two indictments on charges of rape as an accomplice, dismissed Wednesday, victims no longer wanted to cooperate, according to Mohave County Attorney Matt Smith. Prosecutors have long faced difficulties getting court testimony from the child brides, who are taught to follow a doctrine that denies their right of self-determination. Other members of the sect are similarly disinclined to talk.

Texas is trying to extradite Jeffs to stand trial there in connection with his marriage to a minor. A 2008 raid on Jeffs' ranch in Texas, like the 1950s raid in Arizona, allowed the sect to play on public sympathies, but it did result in convictions of some men for sexually assaulting children and bigamy.

Over the years, Arizona has weakened the once-iron hold Jeffs had on his followers, taking over the church-controlled school district, removing credentials from FLDS peace officers, prosecuting men for sexual conduct with minors and dismantling the church trust that controlled property in Colorado City.

The dismissal of Arizona's charges against Jeffs is a disappointment, not a defeat. Efforts to bring justice to the polygamous community on Arizona's northern state line must continue.
 
azcentral.com
Originally published June 11, 2010
 
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