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Attorneys pare charges against Jeffs
The Salt Lake Tribune ^ | 06/14/2008 08:25:16 AM MDT | Brooke Adams

Posted on 06/15/2008 10:33:33 AM PDT by TLI

As Texas officials sort evidence that could lead to new criminal charges against polygamous sect leader Warren S. Jeffs, charges against him in another state are shrinking.

Just two of five cases originally brought against the Fundamentalist Church of Jesus Christ of Latter Day Saints leader in Arizona are still in play, and a significant portion of those two cases have been dismissed.

Now, a judge has set a July 11 hearing on whether the remaining charges, based on Jeffs' alleged role conducting marriages for underage girls, came out of a tainted grand jury proceeding.

Defense attorney Michael Piccarreta argues the grand jury panel that met May 10, 2007, was not properly advised on Arizona law nor questioned sufficiently about potential bias against Jeffs. He also argues that Mohave County investigator Gary Engles gave jurors misleading or false information.

In his response, Mohave County Attorney Matt Smith said the grand jury heard the charges months before Jeffs' high-profile September trial in Utah.

He concedes jurors were not questioned extensively about their exposure to media or knowledge of Jeffs but says they were asked, "Has anybody read anything about a man named Warren Jeffs?"

When some raised their hands, they were told not to discuss anything they had read about the case during proceedings. Two jurors were dismissed when they could not be impartial, leaving 12 on the panel.

Smith also defends Engles' statements and the prosecution's discussion with the jury as appropriate.

Five cases were initially filed against Jeffs in Arizona, where anyone under the age of 18 cannot consent to sexual intercourse.

The Mohave County Attorney's Office dismissed three cases after it was unable to prosecute the other men involved. The remaining cases charged Jeffs with incest and sexual conduct with a minor for conducting illegal marriages.

One case involves Elissa Wall and her 2001 marriage to Allen Steed. Utah officials used that case to convict Jeffs of being an accomplice to rape. He is serving two five-to-life prison terms.

But on June 4, Mohave County Superior Judge Steven F. Conn dismissed the incest charges.

In Arizona, the charge can only be brought against adults who are both over the age of 18. In both of Jeffs' cases, the women were minors.

Also, Conn said marriages between "first cousins of the half blood" are not defined as incestuous under Arizona law. Wall and Steed have a common grandfather but different grandmothers. The same was true in the other case.

"Those were actually the more serious charges facing Mister Jeffs," Piccarreta said.

The remaining charges are punishable by up to two years in prison. In Texas, officials have taken DNA samples from Jeffs as part of an investigation into alleged marriages to four underage girls.


TOPICS: Miscellaneous; News/Current Events
KEYWORDS: cps; flds; ranch; yfz
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1 posted on 06/15/2008 10:33:33 AM PDT by TLI
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To: TLI
I see the Salt Lake Tribune is very, very interested in this case.

But, as we have told again and again on this forum, the FLDS has absolutely no connection with the LDS.

2 posted on 06/15/2008 11:15:18 AM PDT by SkyPilot ("I wasn't in church during the time when the statements were made.")
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To: TLI

Hmmm. Won’t be long we’ll have somebody in here defending Jeffs’ right to commit all the incest he wants ~ the women, after all, are his property!


3 posted on 06/15/2008 11:17:06 AM PDT by muawiyah
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To: SkyPilot

It’s a newspaper. They always defend evil and foment strife.


4 posted on 06/15/2008 11:18:03 AM PDT by muawiyah
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In one case the girl testified against Jeffs to the grand jury but refused at the trial; prosecutor offered a deal not to prosecute her parents.

The DNA in Texas should make the family trees more plain and any crimes de facto.


5 posted on 06/15/2008 11:19:32 AM PDT by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: D-fendr
In Arizona, the [incest] charge can only be brought against adults who are both over the age of 18. In both of Jeffs' cases, the women were minors.

Looks like the AZ legislature might need ot revisit the wording of the incest statutes.

6 posted on 06/15/2008 11:29:47 AM PDT by San Jacinto
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To: San Jacinto

They know what they like. Could be a hard battle.


7 posted on 06/15/2008 11:33:36 AM PDT by muawiyah
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To: TLI; All
Polygamy Wives Exposed!
8 posted on 06/15/2008 11:35:06 AM PDT by Alice in Wonderland (4-Hshootingsports.org)
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To: muawiyah
Hmmm. Won’t be long we’ll have somebody in here defending Jeffs’ right to commit all the incest he wants ~ the women, after all, are his property!

It is a bit early in the morning for you to be running around defaming people. Go get a cup of coffee and try again after your brain is engaged.

9 posted on 06/15/2008 11:39:09 AM PDT by Pikachu_Dad
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To: muawiyah
As Texas officials sort evidence that could lead to new criminal charges against polygamous sect leader Warren S. Jeffs, charges against him in another state are shrinking.

How on earth can they drop the charges? Those rapists! Slavers too!

Evidence? We don' need any stinkin' evidence, it's for the children!

10 posted on 06/15/2008 11:40:27 AM PDT by Balding_Eagle (OVERPRODUCTION......... one of the top five worries for American farmers.)
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To: TLI
The Mohave County Attorney's Office dismissed three cases after it was unable to prosecute the other men involved. The remaining cases charged Jeffs with incest and sexual conduct with a minor for conducting illegal marriages.

One case involves Elissa Wall and her 2001 marriage to Allen Steed. Utah officials used that case to convict Jeffs of being an accomplice to rape. He is serving two five-to-life prison terms.

Also, Conn said marriages between “first cousins of the half blood” are not defined as incestuous under Arizona law. Wall and Steed have a common grandfather but different grandmothers. The same was true in the other case.

Ok color me a bit confused.

Reading those lines make it sound like Arizona is attempting to use the elsa wall case to try jeffs again.

How do you try someone for what they have already been tried for in another state.

If he performed another marriage in another state fine but on the same one I find that a bit of a reach unless there is part of the story not told.

11 posted on 06/15/2008 11:53:27 AM PDT by mouser (run the rats out its the only hope we have)
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To: Balding_Eagle
Actually, in this case it is for children ~ who have names.

Libtards who are oh so happy to let AlQaida, Taliban and mad dog child rapists roam our streets frequently misuse the sentiment.

For their own nefarious purposes.

12 posted on 06/15/2008 12:42:30 PM PDT by muawiyah
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To: Balding_Eagle
Actually, in this case it is for children ~ who have names.

Libtards who are oh so happy to let AlQaida, Taliban and mad dog child rapists roam our streets frequently misuse the sentiment.

For their own nefarious purposes.

13 posted on 06/15/2008 12:42:41 PM PDT by muawiyah
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To: Pikachu_Dad
Defaming who?

And if you want to defend Jeffs' rights to his property, go right ahead. We got your number eh!

14 posted on 06/15/2008 12:43:37 PM PDT by muawiyah
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To: muawiyah
Defaming who? And if you want to defend Jeffs' rights to his property, go right ahead. We got your number eh!

More defamation. Try another cup of coffee, perhaps a whole pot this time.

15 posted on 06/15/2008 12:54:18 PM PDT by Pikachu_Dad
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To: Pikachu_Dad

So, have even the Mormons gone over to coffee?


16 posted on 06/15/2008 1:01:18 PM PDT by muawiyah
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To: SkyPilot

“But, as we have told again and again on this forum, the FLDS has absolutely no connection with the LDS. “

I know you were being sarcastic, but I think it depends on the meaning of ‘no connection’.

The FLDS and LDS are definitely not ‘associated’ with each other, legally, technically, and it is fully documented in their doctrines.

They ‘split’ a long time ago, and that has been discussed well on his forum.

The ‘connection’ is that LDS must condemn the activities of Warren Jeffs and his Loyal Inner Circle, and the whole YFZ Ranch thing, but they must preserve and protect the doctrines of Joseph Smith.

They are between a rock and a hard spot, and that is why the ‘interest’ of the SLTRIB.

There is a lot of money involved in this, and I could see the LDS reabsorbing the FLDS if the FLDS quit the ‘alleged’ illegal practices.

After all, the YFZ Ranch has a nice temple, and $100 million in the UEP.

And this is not intended as a slam on Mormons. It is just some basic honesty.

There is nothing wrong with the LDS taking in the FLDS if they conform to the current LDS doctrines.

If they still refuse, then, so be it. It’s their religion.
They NOW actually have a choice, for the first time in 150 years. It will be interesting to see if the FLDS membership is allowed to exercise that freedom, or if they are still under the leash of Warren and Willie.


17 posted on 06/15/2008 7:13:50 PM PDT by UCANSEE2 (I reserve the right to misinterpret the comments of any and all pesters)
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To: muawiyah
So, have even the Mormons gone over to coffee?

ROFLOL. Try again.

18 posted on 06/15/2008 7:24:11 PM PDT by Pikachu_Dad
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To: TLI; muawiyah

I would think the “tainted” grand jury complaints are irrelevant.

Grand juries bring forward indictments, they can ask any question or for any witness. They do have to leave what they learn in the courtroom, in the courtroom. But they only hear from the prosecution, and they don’t need to be “unbiased.”

Do they have to forget what they know, through some quirk in Arizona law?


19 posted on 06/15/2008 7:50:28 PM PDT by hocndoc (http://www.LifeEthics.org (I have a mustard seed and I'm not afraid to use it.))
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To: San Jacinto
Perhaps so. Lets see what it says. Perhaps this is the correct Arizona Revised Statute:

13-3608. Incest; classification

Persons who are eighteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other are guilty of a class 4 felony.

20 posted on 06/15/2008 9:27:56 PM PDT by Pikachu_Dad
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