Arizona forges ahead with FLDS trial
 Prosecutors frustrated by towns' lack of cooperation
 
By Ben Winslow
Deseret Morning News
 
The sexual misconduct trial of polygamist Kelly Fischer will go forward, even without the alleged victim or any witnesses.

Police and prosecutors in Mohave County, Ariz., have been unable to find the the victim or witnesses to serve subpoenas to testify in the Colorado City man's July 5 trial in Kingman.

"We haven't been able to serve any of them," Mohave County Attorney Matt Smith said Friday. "It's not for lack of effort, either."

Fischer, 39, is one of eight Colorado City men facing charges of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. The men are accused of being in polygamous marriages to underage girls.

Without his victim or his witnesses, Smith said he will continue with a criminal trial against Fischer using birth certificates and expert witnesses. He expressed frustration that no one can seem to find anyone in the polygamous border towns of Hildale and Colorado City.

"It's hard to believe that in this day and age, that you would be unable to serve subpoenas. That a whole society would be that closed off. You can't talk to anybody or get any cooperation or get any witnesses," Smith said. "It's unbelievable."

Mohave County attorney's investigator Gary Engels, who is assigned to investigate crimes in Colorado City, also expressed frustration.

"I find it very frustrating and very difficult," he said Friday. "I can't get any help from the police department. I can't get any help from anybody."

The prosecutor said he believes the lack of cooperation is being driven by edicts from fugitive Fundamentalist LDS Church leader Warren Jeffs.

Jeffs is on the FBI's Ten Most Wanted list. In 2005, a grand jury in Mohave County indicted Jeffs on charges of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. He is accused of arranging the polygamous marriage of a 16-year-old girl with a man at least 10 years older than she.

In April, Jeffs was charged by prosecutors in St. George with rape as an accomplice. He is accused of forcing a teenage girl into a polygamous marriage and threatening her with damnation when she asked to leave the union. Federal prosecutors in Utah and Arizona have charged Jeffs with unlawful flight to avoid prosecution. A $100,000 reward is being offered for information leading to his arrest.

On Friday, police searched a home in Cedar City after receiving a tip that Jeffs was spotted there. However, a search of the home turned up nothing.

FBI agents in Salt Lake City said they have been persistent in pursuing leads against Jeffs. However, any leads they chase in the polygamous border towns are met with strong resistance.

"Once you get to talk to these people themselves, they don't cooperate," said FBI Special Agent Patrick Kiernan. "We do get a lot of 'No thank you, we have nothing to say to you.' "

Mohave County authorities are not sure if they will get convictions out of the upcoming trials of the eight Colorado City men. Smith said his biggest obstacle will be proving that any sexual intercourse occurred in Arizona.

"I'm still happy to be going to trial to get my day in court," Engels said. "We may not win, but at least we gave it our very best shot."

E-mail: bwinslow@desnews.com
 
deseretnews.com
Originally published Saturday, July 1, 2006
 
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