| Warren Jeffs fighting extradition to Texas | |
| ABC 4 News | |
SALT LAKE CITY (ABC 4 News) - Attorneys for Warren Jeffs have filed motions that would keep the polygamist leader from being extradited to Texas. Jeffs' attorneys filed the motions in West Jordan's Third District Court on Friday, October 8, 2010, arguing that their client should not be extradited to Texas "...until after all pending prosecution in Utah is resolved." Jeffs was convicted in 2007 of rape as an accomplice for allegedly arranging and performing a wedding between then 14-year-old Elissa Wall and her 19-year-old cousin Allen Steed. That conviction was overturned this year by the Utah Supreme Court and remanded for re-trail because of an erroneous jury instruction. Jeffs faces bigamy and sexual assault charges in Texas, stemming from a raid on the FLDS Yearning For Zion Ranch near El Dorado in 2007. CLICK HERE TO READ THE COURT DOCUMENT Utah Governor Gary Herbert signed an order of extradition to Texas on August 10. According to Jeffs' attorneys, the prophet and leader of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) has a right to bail unless the state of Utah can show cause as to why they should hold him in custody. Jeffs' attorneys also argued that any Utah case against their client has been weakened by the overturned conviction and the erosion of credibility of the state's key witness, Elissa Wall. Jeffs' attorneys also claim that a new Utah conviction against the FLDS leader was unlikely. Arizona recently dropped charges similar to the accusations that led to Jeffs' vacated 2007 conviction. Defense attorneys called on the court to quash Governor Herbert's extradition warrant. In the habeas corpus filing, Jeffs' attorneys argue that Utah is "punting," or using the extradition warrant to stall in the prosecution Jeffs to allow the state of Texas to build a case against their client. Defense attorneys did concede that Jeffs will eventually have to face charges in Texas, but also claimed that he has a constitutional right to resolve all Utah charges against him before he goes back to Texas. A hearing on the petition was scheduled for November 15. | |
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ABC4.com Originally broadcast October 18, 2010 | |
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