Judge: Schleicher County for FLDS trials
 
By Matt Phinney
San Angelo Standard-Times
 
Jury selection and the trials for members of the Fundamentalist Church of Jesus Christ of Latter Day Saints members on charges related to sexual abuse of children, bigamy and others will all be held in Schleicher County if possible.

"That's the plan," said 51st District Judge Barbara Walther on Monday. "If we get there and it's not working, we can change if we have to."

A pretrial hearing was held Monday in San Angelo for Raymond Merril Jessop in preparation for an Oct. 26 trial. He is charged with sexual abuse of a child.

During a status hearing in July, Walther had asked attorneys to look at ways to get a jury pool from Schleicher County while having the trials in San Angelo. On Monday, both Eric Nichols, deputy attorney general for criminal justice, and Mark Stevens, defense attorney, said they would be open to the idea.

However, Walther said she talked to Schleicher County officials who said the cases could be heard in the Memorial Building near the Schleicher County Courthouse.

Walther then asked how many people should be called for a jury pool.

"Whatever number we think of, double it," Stevens said. "The maximum number possible would be the only answer possible, judge."

Walther said she would call two jury panels and have a backup plan in place in case the court can't get a full jury from Schleicher County. The small population there makes it possible that a full jury might not be available. She did not say what the backup plan would be.

She also told attorneys to block off two weeks, maybe more, for each of the trials.

Walther has yet to rule on the defendants' motions to suppress evidence taken from the Yearning For Zion Ranch near Eldorado. A lengthy session on that matter - whether a hearing on whether to suppress evidence is justified - was held in May.

An April 3, 2008, raid on the ranch led to the removal of more than 400 children from the ranch and the seizure of documents and other material. Attorneys for the accused sect members say evidence from the ranch should not be used against their clients.

After Monday's hearing, Stevens said he could not answer questions.

Randy Wilson, who represents Allan Eugene Keate, Michael Emack and Leroy Johnson Steed, said he thinks it may be difficult to get two jury panels from Schleicher County. Where the trial is held won't affect his planning, he said.

"We just get ready," he said.

Nichols said the same thing after Monday's pretrial.

"The state is preparing for trial," he said. "The state's position is to prepare to try this case wherever the court decides to try it."

Trial schedule

Following is the schedule for trials:
  • Raymond Merril Jessop, Oct. 26, sexual abuse of a child.
  • Allan Eugene Keate, Dec. 7, sexual abuse of a child.
  • Michael Emack, Jan. 25, 2010, sexual abuse of a child.
  • Merrill Leroy Jessop, March 8, 2010, sexual abuse of a child and bigamy.
  • Lehi Barlow Jeffs, April 26, 2010, sexual abuse of a child and bigamy.
  • Abram Harker Jeffs, June 7, 2010, sexual abuse of a child and bigamy.
  • Keith William Dutson, July 26, 2010, sexual abuse of a child.
  • Wendell Loy Nielson, Sept. 7, 2010, three counts of bigamy.
  • Frederick Merril Jessop, Oct. 11, 2010, conducting an unlawful marriage ceremony involving a minor.
  • Leroy Johnson Steed, Dec. 6, 2010, first-degree felony sexual assault of a child, second-degree felony bigamy, third-degree felony bigamy and third-degree felony tampering with physical evidence.
gosanangelo.com
Originally published August 10, 2009
 
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