Jeffs' lawyers want Arizona indictment dismissed

Published: Saturday, May 17, 2008 1:30 a.m. MDT
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KINGMAN, Ariz. — Fundamentalist LDS Church leader Warren Jeffs' defense team is asking a judge to dismiss a grand jury indictment against him that led to charges of sexual misconduct and incest as an accomplice. The defense team accused Arizona prosecutors of presenting misleading information to the grand jury.

"The state presented inaccurate information, failed to present clearly exculpatory information and improperly influenced the grand jury," lawyers Richard Wright and Michael Piccarreta wrote. "Accordingly, Mr. Jeffs is entitled to a remand."

In papers filed in Mohave County Superior Court, Jeffs' lawyers also announce they intend to pursue a defense that proves Jeffs' innocence and appear to be ready to pounce on a high-profile book deal by one of the alleged victims.

The Mohave County Attorney's Office did not immediately offer a comment but is expected to reply to the court in its own filings.

Clad in a bulletproof vest, Jeffs sat quietly during a hearing in a Kingman court on Friday as a judge took under advisement an earlier request to dismiss the incest charges, leaving only the sexual misconduct charges. The FLDS leader is charged there with sexual misconduct with a minor and incest as an accomplice, accusing him of performing child-bride marriages.

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The judge also took under advisement a request for a subpoena seeking medical records in one of the cases.

A prosecutor with the Arizona Attorney General's Office raised the possibility that evidence from the raid on the FLDS Church's YFZ Ranch in early April might be used to bring additional charges against Jeffs.

Timothy Linnins told Judge Steven Conn that both his and the Mohave County Attorney's Office had spoken with Texas authorities about the raid. He did not go into details regarding what evidence might have been found or what additional charges might be brought against the FLDS leader.

Outside of court, Piccarreta said that if evidence from the Texas raid was brought into the case, he would most likely argue the search and seizure of evidence from the ranch was illegal.

Indictments

In new court motions seeking to remand the indictments, Jeffs' lawyers argue that the massive pre-trial publicity surrounding the FLDS leader's case hurt his chances before the grand jury. Jeffs earlier underwent a Utah trial last year and was convicted of two counts of rape as an accomplice and was sentenced to serve up to life in prison for the marriage between a then-14-year-old girl and her 19-year-old cousin. He also is facing a federal grand jury indictment in Salt Lake City charging him with unlawful flight to avoid prosecution, related to a period of time when he was on the FBI's Most Wanted list.

The defense attorneys also accuse Mohave County prosecutors of not doing enough to ensure that jurors were impartial.

Recent comments

It's true--Warren Jeffs is responsible for many of the accusations...

Socrates | May 18, 2008 at 7:04 a.m.

I just got done reading both Elissa Wall & Carolyn Jessops' books...

Reader | May 17, 2008 at 6:01 p.m.

"Jeffs' lawyers want Arizona indictment dismissed"<...

Laughing | May 17, 2008 at 9:34 a.m.

Warren Jeffs
Warren Jeffs