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PerryPeabody Posted: Tue Sep 23, 2008 4:19 pm
FLDS grand jury hands down five more indictments By Ben Winslow Deseret News Published: Tuesday, Sept. 23, 2008 3:05 p.m. MDT ELDORADO, Texas — Five indictments were handed down against three members of the Fundamentalist LDS Church here Tuesday on felony charges. Three were indicted on sexual assault charges. "The three suspects were indicted for sexually assaulting children," Texas Attorney General Greg Abbott said in a statement. "Each of those suspects faces one felony count of sexual assault of a child and two of the suspects each face an additional first-degree felony charge of bigamy." The grand jury left about 2:30 p.m. local time, and shortly after, the indictments were announced. Schleicher County Clerk Peggy Williams said she would not reveal who was indicted until the wanted individuals either surrendered or were taken into custody. The grand jury probing crimes within the FLDS Church started meeting in the Schleicher County Memorial Building at about 8:30 a.m. local time today, with law enforcement surrounding the building. However, by midday, it did not appear that any witnesses had showed up to testify. Attorneys representing some young women from the FLDS Church have said their clients were not subpoenaed to testify this time. Prosecutors from the Texas Attorney General's Office went into the building early this morning, taking briefcases and boxes with them. The grand jury may have heard more evidence based on scores of documents seized in the raid on the FLDS Church's YFZ Ranch. Marriage certificates, diaries, photographs, scrapbooks and dictations were all taken as evidence. Some has wound its way into ongoing custody cases as Texas child welfare authorities sought to show a pattern of underage marriages. Hundreds of children were placed in state protective custody in April when authorities went to the ranch to investigate abuse. They were returned two months later when a pair of Texas courts ruled the state acted improperly and the children were not at immediate risk of abuse. The grand jury was convened shortly after the raid on the FLDS Church's YFZ Ranch. Before today, six people had been indicted. They are: • FLDS leader Warren Jeffs, 52, charged with sexual assault of a child. • Raymond Merril Jessop, 36, charged with sexual assault and bigamy. • Allan Eugene Keate, 56, indicted on a sexual assault charge. • Merril Leroy Jessop, 33, indicted on sexual assault and bigamy charges. • Michael Emack, 57, indicted on sexual assault and bigamy. • Lloyd Hammond Barlow, 38, charged with three misdemeanor counts of failure to report child abuse. The grand jury will meet again in November. http://desnews.com/article/1,5143,700261187,00.html		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Wed Sep 24, 2008 8:19 am
3 more polygamist-sect members indicted in Texas AP mysanangelo.com Sep 23, 5:29 PM EDT ELDORADO, Texas (AP) -- A west Texas grand jury investigating allegations that members of a polygamist sect sexually abused girls indicted three more people Tuesday, raising the number of defendants in the case to nine. Each of the sect members indicted Tuesday by the Schleicher County grand jury was charged with sexual assault of a child, and two face an additional charge of bigamy, state Attorney General Greg Abbott said in a statement. Abbott's office has taken over prosecution of the case from local authorities in the tiny county. The names of those charged were not immediately released, but none had been charged previously. The grand jury earlier had indicted six other members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, including jailed sect leader Warren Jeffs. The grand jury has now met three times to consider evidence against residents of the Yearning For Zion Ranch, which is run by the FLDS, a breakaway Mormon sect. All but one of those indicted has been charged with sexual abuse of a child, and some also have been charged with bigamy. The sect's doctor has been charged only with three misdemeanor counts of failure to report child abuse. Authorities raided the YFZ Ranch in April looking for evidence of underage marriages and abuse involving sect girls. Texas child welfare authorities initially put all 440 children at the ranch in foster care but were forced to return them by a Texas Supreme Court ruling that found evidence showed abuse in only a handful of cases. Grand jury proceedings are secret, but numerous documents and photos disclosed as part of a separate child custody case show girls, some as young as 12, purportedly married to middle-aged men. Generally under Texas law, no one younger than 17 can consent to sex with an adult. The state's bigamy statute includes prohibitions against legally marrying or even purporting to marry more than one person. Many of the FLDS unions are so-called "spiritual" marriages, unions blessed by the church but with no legal record. The FLDS believes polygamy brings glorification in heaven. The Mormon church, the Church of Jesus Christ of Latter-day Saints, renounced polygamy more than a century ago. Jeffs, convicted in Utah last year as an accomplice to rape for the marriage of a 14-year-old girl to her older cousin, awaits trial in Arizona on similar charges. http://tinyurl.com/4stk6z		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Wed Oct 01, 2008 7:46 pm
Three more sect men surrender gosanangelo.com By Paul A. Anthony (Contact) Wednesday, October 1, 2008 Incremental developments continue to unfold this week in the dual cases against a polygamous sect whose Schleicher County compound was raided in April. Three members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints were arrested and released on bail Monday after turning themselves in - bringing to eight the number of sect men arrested in a criminal case that alleges underage marriages and sexual abuse. A ninth FLDS man remains at large despite being indicted on two undisclosed charges months ago, said Schleicher County District Clerk Peggy Williams. The three men arrested Monday were released on bonds totaling more than $300,000. They are: Lehi Barlow Jeffs, 29, charged with sexual abuse of a child and bigamy. Abram Harker Jeffs, 37, charged with sexual abuse of a child and bigamy. Keith William Dutson, 23, charged with sexual abuse of a child. Lehi Jeffs is listed in sect records released in recent months as being married to a 16-year-old girl at the sect's YFZ Ranch, northeast of Eldorado. Likewise, the records list Dutson and Abram Jeffs as also each having a 16-year-old wife. The Schleicher County grand jury has now indicted nine FLDS men on a total of 15 charges. Eight of the nine turned themselves in. An expected hearing on whether to allow evidence against sect members obtained through the initial search warrant served April 3 has been canceled after attorneys for the FLDS and one of its top leaders, Merril Jessop, asked 51st District Judge Barbara Walther to drop their motions to quash the evidence. Walther was set to draft an order vacating the requests, which had argued that, because prosecutors now believe the calls that sparked the raid were a hoax, Walther should dismiss evidence gleaned during the joint action between the state's Child Protective Services agency and law enforcement. The attorneys appeared to essentially hand the case off to attorneys for the indicted men, saying they were seeking the withdrawal because their clients are not defendants in the case. Meanwhile, a hearing on Walther's July decision to suspend evidence discovery in the CPS case is set for 2 p.m. today - an action likely to end in a compromise similar to that reached last month by CPS attorneys and lawyers for FLDS mothers allowing the discovery process to move forward and providing a timeline for doing so. http://tinyurl.com/43fgjw		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Fri Oct 03, 2008 11:23 am
More deals over discovery in FLDS custody case By Ben Winslow Deseret News Published: Thursday, Oct. 2, 2008 5:55 p.m. MDT - SAN ANGELO, Texas — Child welfare authorities have reached more agreements with lawyers for children from the Fundamentalist LDS Church's YFZ Ranch. Lawyers said more deals were struck over evidence in the child custody case during court hearings Thursday. Many court-appointed attorneys have complained that since the case began in April, they have not been given discovery. "The judge fashioned a remedy that will serve to protect and allow my clients to get at what it is that CPS is seeking and asking for," Mark Ticer, an attorney representing four children ranging in age from 5 to 10, told the Deseret News. "I think that CPS is trying to respond to discovery, but have been overwhelmed. Nevertheless, they have a legal responsibility to provide the information requested so each lawyer can advance their clients' interests." Approximately 439 children were taken into state custody in the raid on the YFZ Ranch, when authorities launched an investigation into underage marriages. A pair of courts ordered the children returned two months later. As of Wednesday, 304 people have been dropped from court oversight in the case. Nine members of the Utah-based polygamous sect have been indicted by a grand jury on criminal charges ranging from sexual assault to bigamy to failure to report child abuse. http://www.deseretnews.com/article/1,5143,700263658,00.html		Joined: 24 Mar 2006 Posts: 1137



gwen Posted: Fri Oct 03, 2008 12:12 pm
Thanks for all your updates, Perry. Wonder whatever happened to tonk who was so involved with this case?		AKA Gagal_05 Joined: 24 Feb 2007 Posts: 15262



Tonk Posted: Fri Oct 03, 2008 10:26 pm
I'm still interested. Just busy.		Joined: 25 Jul 2006 Posts: 921 Location: pray for rain



PerryPeabody Posted: Sat Oct 04, 2008 3:36 pm
Arizona defends evidence Prosecutors say FLDS lack grounds for their challenge By Ben Winslow Deseret News Published: Saturday, Oct. 4, 2008 12:52 a.m. MDT Arizona prosecutors are responding to a challenge of evidence seized from the Fundamentalist LDS Church's YFZ Ranch in the upcoming trial of polygamist sect leader Warren Jeffs. "The defendant seeks suppression of evidence that is either not relevant to the current charges or that the state does not intend to use in the prosecution of the charges," Mohave County Attorney Matt Smith wrote in court papers filed earlier this week. Jeffs, 52, is charged in Arizona with sexual conduct with a minor, accusing him of performing child-bride marriages. Concerned that Arizona investigators spent time in Texas reviewing thousands of documents seized by authorities there, Jeffs' attorneys filed a motion to suppress any evidence seized in the YFZ raid and keep it out of his case in Kingman, Ariz. "Accordingly, the state of Arizona now bears the burden of proving that no evidence obtained from the Texas raid is used, directly or indirectly, against Mr. Jeffs in the present proceedings," Jeffs' defense attorneys Richard Wright and Michael Piccarreta wrote in a motion filed earlier this month. In their response, prosecutors said they did disclose a pair of marriage certificates from the YFZ Ranch to the defense but do not plan to use them in their case against Jeffs. "As of the date of this filing, the state of Arizona has not charged the defendant with any crimes arising from evidence seized during the execution of the search warrants at the YFZ Ranch," Smith wrote. "This obviates standing to raise the issues the defendant asserts in his motion to dismiss." As leader of the FLDS Church, his attorneys say, Jeffs has standing to challenge the search warrants, something Smith questioned. Jeffs relinquished his role as leader of the polygamous church in a series of jailhouse conversations recorded by Washington County authorities, and his life as a fugitive and years of incarceration also show he is no longer a resident of the YFZ Ranch, the Mohave County Attorney says. "Additionally, since the defendant relinquished his role as leader of the FLDS while in Utah custody, he cannot now assert that he was in control of the YFZ Ranch as the leader of the FLDS at the time of the search on April 6, 2008," Smith wrote. "It is settled law that one has no standing to complain of a search or seizure of property he has voluntarily abandoned." The YFZ Ranch was raided based upon a call from someone claiming to be a pregnant, abused 16-year-old girl married to an older man. The call is believed to be a hoax, something Jeffs' attorneys pounced on in their challenge. "Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find," Wright and Piccarreta wrote. "The United States and Arizona constitutions clearly prohibit the use of any such illegally obtained items against Mr. Jeffs." Jeffs' attorneys mischaracterize the nature of probable cause, Smith countered, defending Texas authorities' belief that they were looking for an actual victim and perpetrator. "Search warrant affidavits do not represent the end of a criminal investigation, in which contested issues of fact are resolved by a jury in determining guilt or innocence," he wrote. "Rather, search warrant affidavits are presented in support of investigative tools that are used as part of a criminal investigation to determine whether criminal violations have occurred." Lawyers for FLDS Church in Texas recently backed off their challenge to the search warrants served on the YFZ Ranch, acknowledging the church itself is not a defendant. Nine men indicted by an Eldorado grand jury on sexual assault, bigamy and other charges could also file their own challenges to the search warrants, FLDS attorneys said. Jeffs is among the indicted men. A federal search warrant was also executed by the FBI on the last day of the raid. Jeffs was convicted in Utah of rape as an accomplice for performing a marriage between a 14-year-old girl and her 19-year-old cousin. He was sentenced to a pair of 5-to-life terms. http://deseretnews.com/article/1,5143,700263907,00.html?pg=1		Joined: 24 Mar 2006 Posts: 1137



Tonk Posted: Wed Oct 08, 2008 10:42 pm
Law firm booted from FLDS Church's trust case By Ben Winslow Deseret News Published: October 8, 2008 In a ruling that could have widespread impact on the ongoing legal war involving the Fundamentalist LDS Church, the judge overseeing the polygamous sect's real-estate arm has ousted the law firm that used to represent it. Rod Parker and the Salt Lake law firm Snow Christensen & Martineau were disqualified Wednesday from representing the FLDS Church and some of its members in a challenge to the reforms of the United Effort Plan Trust. "This is an irreconcilable conflict and it mandates the disqualification of Mr. Parker and the law firm," 3rd District Judge Denise Lindberg said. "It extends to the consultation of present and future litigants." The judge also ordered the firm to hand over documents gathered from 17 years of representing the UEP and the FLDS Church to lawyers for the court-appointed special fiduciary placed in charge of the $110 million trust. "The court's asking us to hand over the confidences of our client to an adversary in the view of our clients," Parker said outside court. "I think we have an ethical obligation to resist that." FLDS member and spokesman Willie Jessop stood up in court to protest the judge's decision to disqualify their attorneys. "Looks to me like it's part of the psychological and sociological warfare that she's plenty willing to take part of," Jessop told the Deseret News as he left the courthouse. Church lawyers argued that the trust has been changed so dramatically, it is not the same entity it once was. Attorneys for the fiduciary countered that Snow Christensen & Martineau was once hired to defend some of the same claims they're bringing now. "It's a huge deal to have your former counsel suing you," said Jeffrey L. Shields, an attorney for fiduciary Bruce Wisan. Parker said he was unsure how the decision would affect at least a half-dozen lawsuits and motions challenging the UEP trust, which is now under court control. The judge's decision will be appealed to the Utah Supreme Court, lawyers for the firm said. The trust was taken over by the courts in 2005 amid allegations that Warren Jeffs and other FLDS leaders mismanaged it. The trustees were ousted, Wisan was placed in charge, and court-ordered reforms are being enacted that would subdivide property and do away with the communal concept that the trust was founded on. For years, FLDS members who live on land controlled by the trust remained silent and refused to cooperate with reform efforts. Now, members are challenging some of the reforms. On Wednesday, they sought to block the sale of a 773-acre farm on the Utah-Arizona border. Wisan wants to sell the Berry Knoll Farm to a home developer, giving the debt-plagued trust a quick infusion of cash. Jim Bradshaw, an attorney representing several FLDS members, revealed the farm was designated as a temple site. "It's a war he intends to fund by going after the heart of their community," he said. The fiduciary didn't start the war, Shields countered, accusing FLDS leadership of sabotaging reform efforts by resisting paying taxes, refusing to sign occupancy agreements and threatening anyone interested in buying property in the communities. Lindberg wanted to know why the FLDS wouldn't participate in court proceedings for years, despite her repeated pleas. It was a question lawyers for the FLDS could not exactly answer. "This is a little bit too little, too late," she said. Lindberg said she still had confidence in Wisan but set a Nov. 14 hearing in St. George on the sale of the farmland to hear input from community members. Jessop stood and suggested she should book something bigger than the courthouse. "I don't think a building's large enough to house the thousands of people it will impact," he said. E-mail: bwinslow@desnews.com © 2008 Deseret News Publishing Company \| All rights reserved http://deseretnews.com/article/content/mobile/1,5620,700265113,00.html?printView=true		Joined: 25 Jul 2006 Posts: 921 Location: pray for rain



PerryPeabody Posted: Thu Oct 09, 2008 3:00 pm
And from the Salt Lake Tribune: Judge rules attorney can't flip sides Rod Parker, who represented FLDS in its communal property fight, can't help group sue trust By Brooke Adams The Salt Lake Tribune Article Last Updated: 10/09/2008 12:12:22 AM MDT An attorney who represented a polygamous sect for 17 years in various court battles over its communal property trust cannot switch sides and now represent members who want to sue the trust, a Utah judge ruled Wednesday. Third District Judge Denise Lindberg disqualified Rod Parker and his law firm, Snow, Christensen & Martineau, from representing or consulting on actions brought against the United Effort Plan Trust. The judge also set a Nov. 14 hearing in St. George on the trust's proposed sale of the Berry Knoll Farm, giving sect members an opportunity to protest loss of property they consider sacred. Regarding Parker, Lindberg said it would be inappropriate for him to use information gained as counsel against the trust, which holds virtually all property in the twin towns of Hildale, Utah, and Colorado City, Ariz. The trust was set up by the members of the group now known as the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust has been under court management since May 2005, when Lindberg appointed Bruce R. Wisan to oversee it. Parker said later he was not sure how the ruling would impact participation in other lawsuits related to the trust, including a civil rights suit just filed in U.S. District Court. Attorney Richard Van Wagoner, who represented Parker in the Wednesday hearing, said he will appeal Lindberg's decision. He also plans to appeal the judge's order requiring Parker and R. Scott Berry, who also represented the FLDS church, to turn over documents related to the trust to Wisan. Lindberg said Wisan is entitled to see documents related to the trust's past management. Three sect members sought a restraining order to prevent sale of the 711-acre farm until Lindberg reviewed it and requested hearings on future sales, too. Attorney Jim Bradshaw said it was "remarkable" that Wisan wanted to block the people he was appointed to protect from being heard. He said the sale was being driven by the trust's cash crunch without regard to the property's importance to the community. Attorney Jeff Shields, who represents Wisan, said the trust will "blow up if we don't get some money into it" and disputed the property's significance. He said a prospective buyer wants to build a housing development there. Lindberg agreed to let sect members voice opinions on the sale, but said the beneficiaries do not have standing to bring actions over management of the trust. More cases dismissed * A spokesman for the Texas Department of Family and Protective Services said cases involving seven FLDS children were dismissed Wednesday, bringing the total number of cases now dropped to 315. That count includes 26 disputed minors. DFPS later conceded they were adults. The state took 439 children into custody in April after raiding the Yearning For Zion Ranch in Eldorado. The ranch is home to members of the FLDS church. The children were returned to their parents in June but remain under DFPS supervision until their cases are nonsuited.		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Thu Oct 16, 2008 3:44 pm
More cases against FLDS dismissed By Brooke Adams The Salt Lake Tribune Article Last Updated: 10/16/2008 12:04:32 AM MDT Texas officials dismissed child welfare cases involving 29 children from a polygamous sect on Wednesday, the largest number dropped in a single day from the state's massive investigation. The Texas Department of Family and Protective Services has steadily nonsuited cases since June, when 439 children were returned to their parents after two months in state custody. The cases are closed after officials determine the children are safe or have turned 18, according to Patrick Crimmins, DFPS spokesman. To date, the state has ended cases of 338 children from the Fundamentalist Church of Jesus Christ of Latter Day Saints. That leaves cases involving 101 children still pending. Among them: A 14-year-old girl who was returned to foster care in August after her mother failed to give a Texas judge assurances she would keep the girl safe. The state took custody of the children in April after raiding the sect's Yearning For Zion Ranch because of allegations of sexual and physical abuse. The call that initiated the raid is now believed a hoax, but investigators said they found evidence of abuse that warranted the children's removal. Last week, the state said it has asked that 63 FLDS girls between the ages of 10 and 17 complete individual counseling sessions designed to educate them about sexual abuse and marriage laws. A grand jury in Schleicher County has indicted nine FLDS men on charges related to underage marriages; some also face bigamy allegations. The grand jury will meet again in November. http://www.sltrib.com/polygamy/ci_10732372		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Fri Oct 17, 2008 10:05 am
Texas tosses out 29 more FLDS child-welfare cases It was the second day in a row 29 cases were dropped; investigations regarding 72 kids continue By Brooke Adams The Salt Lake Tribune Article Last Updated: 10/16/2008 09:30:54 PM MDT Posted: 9:29 PM- For the second day in a row, Texas officials dismissed a large number of children from its massive child welfare investigation of a polygamous sect. On Wednesday, Texas Department of Family and Protective Services Cases dismissed cases involving 29 children in Fundamentalist Church of Jesus Christ of Latter Day Saints families. On Thursday, another 29 children were dropped from the investigation. "As a reminder, a nonsuit ends the lawsuit, or legal case, because court supervision is no longer considered necessary to ensure a child's safety," said spokesman Patrick Crimmins in an e-mail. "Nonsuits can be filed for a variety of reasons - we may have completed an investigation and no abuse or neglect occurred; it could also be that we have decided that even though abuse or neglect has occurred, one or both parents or another suitable family member can ensure the child's protection." Cases involving 72 children are still pending. The state took custody of 439 children in April after raiding the sect's Yearning For Zion Ranch because of allegations of sexual and physical abuse. The call that initiated the raid is now believed a hoax, but investigators said they found evidence of abuse that warranted the children's removal. After two months in state custody, a court ordered that the children be returned to their parents while the state continued its investigation. Since June, the state has nonsuited 367 cases. A grand jury in Schleicher County has indicted nine FLDS men on charges related to underage marriages; some also face bigamy allegations. The grand jury will meet again in November. http://www.sltrib.com/polygamy/ci_10740962		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Sun Oct 19, 2008 1:54 pm
Election 2008: Sect raid a major factor in election By Matt Phinney (Contact) gosanangelo.com Originally published 12:00 a.m., October 18, 2008 ELDORADO - It's impossible to separate the local sheriff's race here from the Fundamentalist Church of Jesus Christ of Latter Saints members who live on their sprawling YFZ Ranch north of town. Not only has Sheriff David Doran been the town's most visible figure since the group arrived more than four years ago, he's also undoubtedly the person ranch spokesman Willie Jessop was referring to in May when Jessop said he would get 500 voter registration cards and take a stance in local politics. Doran, seeking his fourth term, faces Shane West for the seat. Doran is running as a Republican, West as a Democrat. "We've monitored that very closely," Doran said. "There has been an increase in registration out there. That's a concern. That is something that could change the status quo of Schleicher County and it's something the residents here don't want." Doran, the only Schleicher County official with an opponent in the Nov. 4 election, said as many as 120 ranch residents have registered to vote in the county. West, who owns his own business, said he has no way of knowing if FLDS members will support him against Doran. He also didn't want to say much about the FLDS situation that has been national news since April. "Everyone handles matters differently," West said. "I'm not the one to judge how it's been handled. We'll let the court system decide." Schleicher County has about 2,300 registered voters, up from about 1,880 during the primary, according to the election office. The increase is not all ranch residents because Eldorado residents have conducted voter registration drives as well, Doran said. He predicted a record turnout. Schleicher County has about 2,800 residents, and about 1,930 of those live in the county seat of Eldorado, about 45 miles south of San Angelo. At least six county sheriffs in the immediate area face an opponent, but the Schleicher County sheriff race may be the most interesting because of the national exposure the sect and the raid on the ranch have garnered. Ranch officials have blamed Doran, saying he did not do enough to stop the raid, while Doran countered that his office did not initiate the raid and he was only assisting the state. "That threat was made early on after the raid," Doran said. "That's when things were more stressful at the time. Things have calmed down since then, and we have not heard that again." Doran said his supporters have taken the sect members' vow seriously and are rallying around the sheriff's office. He said he has raised a record amount of money compared to his previous campaigns, about $5,000. West said he thinks he has the votes to win with or without FLDS votes. Aside from the possible FLDS involvement, the sheriff race seems fairly typical for West Texas. Doran is running on his experience and three previous terms, while West said it's time for a change. The most common crime in Schleicher County is narcotics coming through the county on U.S. Highway 277, Doran said. He said he has actively sought grants for upgrades to the department and its equipment to help reduce taxpayers' cost since he took office. He also said he formed a drug intervention K-9 unit that has brought in a total of about $100,000 in asset and property forfeitures. The money was used to buy a new patrol car and upgrade the dispatch system, Doran said. "My No. 1 priority is drug intervention and keep our kids drug-free," Doran said. "I want to keep illegal activities out of our community. Our town is our No. 1 priority. The other things we deal with, we deal with it one day at a time, and we deal with it in a very professional manner." West said there has been an increase in juvenile crime in Eldorado and gang activity has begun to "rear its ugly head." As example, he said structures have been tagged recently. West said he wants a community-oriented department with more patrol in the community. He also wants a strong neighborhood watch program. He said he wants to use his juvenile probation experience to develop school programs to help students stay away from drugs and crime. "I have young kids in schools, and I see a lot of problems that are starting to develop in Schleicher County that aren't being addressed, in my opinion," he said. "In the schools and the community. I will be a professional, full time sheriff." http://gosanangelo.com/news/2008/oct/18/sect-raid-a-major-factor-in-election/		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Fri Oct 24, 2008 9:44 am
Lead attorney in FLDS custody case quits By Terri Langford Houston Chronicle The lead attorney at the center of the largest child removal case in U.S. history has turned in his resignation and neither he nor Texas Child Protective Services are saying why. Charles Childress was hired by CPS on July 21 to take over the behemoth case involving 439 children taken and eventually returned to the West Texas ranch belonging to the Fundamentalist Church of Jesus Christ of Latter Day Saints, a breakaway polygamist sect not affiliated with mainstream Mormonism. “It is with great regret that I hereby tender my resignation as a staff attorney for the Texas Department of Family and Protective Services,” Childress wrote in an Oct. 9 letter obtained by the Houston Chronicle on Thursday. In the letter, Childress said his resignation is effective Nov. 1, 2008, or at “whatever earlier date may be most convenient and least disruptive to the operations of the agency.” Lawyers representing FLDS children began noticing a week ago that Childress’ name was substituted on legal documents. “I suspected this might be coming after getting a pleading in one of my cases substituting him out as attorney in charge,” said Natalie Malonis, who represents a child in the case. Childress declined to offer any insight as to why he decided to leave. “I really can’t help you,” Childress told the Houston Chronicle. “I would have to refer you to the department for questions.” State officials said they could not elaborate. “Mr. Childress’ decision to leave was his own,” said Patrick Crimmins, a CPS spokesman. Childress was helping the agency break out the individual children’s cases and put into place a plan to provide evidence to the children’s attorneys. Childress is not the only attorney involved in the case who has recently resigned. Gary Banks, the lead CPS attorney in San Angelo, e-mailed the agency on Sept. 5 that he would be resigning from the agency in early October to take another job. http://www.mysanantonio.com/news/33166049.html		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Tue Oct 28, 2008 10:33 am
Judge delays hearings for FLDS until December By Ben Winslow Deseret News Published: Tuesday, Oct. 28, 2008 12:29 a.m. MDT Hearing today on Jeffs lawyers' bid to depose Texans Court hearings for members of the Fundamentalist LDS Church indicted by a rural Texas grand jury have been delayed. Attorneys for the men asked a judge in Eldorado, Texas, Monday to put off pretrial hearings until Dec. 1 so they could go over evidence and discovery issues with prosecutors, Schleicher County court clerks told the Deseret News. Lehi Barlow Jeffs, 29, and Abram Harker Jeffs, 37, made their first appearances in court on Monday on sexual assault of a child and bigamy. The other cases called in court were: • Raymond Jessop, 36, indicted on sexual assault of a child and bigamy. • Allan Eugene Keate, 56, indicted on sexual assault of a child. • Michael Emack, 57, charged with sexual assault of a child and bigamy. • Merril Leroy Jessop, 33, indicted on sexual assault of a child and bigamy. Keith William Dutson Jr., 23, also had a Dec. 1 court date set for a sexual assault charge filed against him. Nine people have been indicted by the grand jury investigating crimes within the FLDS Church, including polygamous sect leader Warren Jeffs. The men are accused of having sex with girls under 17, some in bigamous relationships. FLDS community physician Lloyd Hammon Barlow, 38, faces misdemeanor charges of failure to report child abuse. No court date has been scheduled for his case, court clerks said. The grand jury was convened shortly after the April raid on the FLDS Church's YFZ Ranch just outside Eldorado. Child welfare workers and law enforcement responded to a complaint alleging abuse. Hundreds of children were placed in state protective custody, then returned to their parents two months later when a pair of courts found the state acted improperly. So far, 415 people have been "nonsuited" in the ongoing custody battle. That leaves approximately 50 children still involved in pending legal cases. The Deseret News' tally includes the 26 so-called "disputed minors," FLDS women that Child Protective Services initially said were minors but later nonsuited when the agency determined they were adults. The criminal investigation into allegations of underage marriages is proceeding. The grand jury is scheduled to meet again in November and December. http://deseretnews.com/article/0,1249,705258438,00.html		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Wed Oct 29, 2008 2:09 pm
Warren Jeffs trial Judge: Cops must answer questions in polygamous sect leader's case By Brooke Adams The Salt Lake Tribune Article Last Updated: 10/29/2008 10:17:03 AM MDT An Arizona judge on Tuesday ordered three Texas law enforcement officers to give interviews to defense attorneys representing polygamous sect leader Warren S. Jeffs. Mohave Superior Court Judge Steven F. Conn gave Texas Ranger Brooks Long, Schleicher County Sheriff David Doran and Deputy Sheriff John Connor 45 days to participate in personal interviews with Jeffs' defense team or face depositions. All three were involved in an April raid on the Yearning For Zion Ranch, near Eldorado, Texas, home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Defense attorney Michael Piccarreta said repeated efforts to set up interviews had failed, slowing progress on a related motion to bar use of evidence seized during the raid in Jeffs' Arizona trial. Conn said in his order he was not ruling on that or other issues, including challenges raised about the legality of the search. Texas authorities raided the ranch after receiving an abuse call that is now believed to be a hoax. Four hundred and thirty-nine children were removed from the ranch and spent two months in state custody before being returned to their parents. Officials said they found evidence of sexual abuse during their investigation at the ranch, however, and a grand jury has indicted nine FLDS members on charges related to underage marriages. Piccarreta said in court filings he advised Mohave County Attorney Matt Smith in mid-April that the raid would face legal challenges and any cooperation between law officers in the two states could potentially taint the Arizona proceedings. Jeffs, 52, faces felony charges related to two underage marriages he conducted, one involving Elissa Wall. Wall was the key witness in Utah's successful prosecution of Jeffs on rape as an accomplice charges last summer. He is serving two five-to-life prison sentences. Despite the warning, Arizona Asst. Attorney General Timothy Linnins and Mohave County Investigator Gary Engles spent "days" pouring through "literally thousands of illegally seized documents," Piccarreta said. He wants the judge to bar use of evidence, but also argues the exposure alone could influence future investigations and the state's strategy at trial. The Texas officers may have information that is now crucial to Jeffs' Arizona case, Piccarreta argues. He also said Texas authorities may have communicated with numerous individuals associated with the Arizona case against Jeffs, including private investigator Sam Brower of Cedar City and Salt Lake attorney Roger Hoole, who represents Wall. Smith said in court documents he does not plan to use any evidence from the Texas raid, though he acknowledged previously giving the defense copies of two marriage certificates taken from the ranch. "The state does not need these documents in the present cases and will not use these documents in the present cases," Smith wrote. But Piccarreta said an "over-arching, coordinated effort" between Texas and Arizona law officers has put his client at a disadvantage. State agencies "cannot cooperate to such a vast extent to promote prosecution purposes, and then do a 'Texas two step' to deny relevant disclosure to the defendant," he said in a court document. http://www.sltrib.com/polygamy/ci_10840937		Joined: 24 Mar 2006 Posts: 1137



Black-Tulip Posted: Fri Oct 31, 2008 6:57 am
Oct 30, 2008 10:00 pm US/Central CBS 11 News Goes Inside The FLDS West Texas Ranch FORT WORTH (CBS 11 News) ― CBS 11 News is the first television station to return to the Fundamentalist Latter Day Saints (FLDS) ranch in West Texas since children, taken from their parents six months ago, were returned. There is new information about the raid on sect's ranch. The pictures seen in this story and on video are still unforgettable for most. It was six months ago when more than 400 children were taken from their parents, in what became the nation's largest child custody case. CBS 11 News reporter Jack Fink was allowed inside the polygamist compound to see what life there is like today. Residents on the 1700 acre Yearning for Zion Ranch (YFZ) in Eldorado, say their lives changed forever last April. That's when hundreds of law enforcement officers raided their home and Texas Child Protective Services (CPS) removed all 439 of their children. Ben Barlow, 26, a member of the FLDS says, "I miss the way it used to be. The state has come in and done nothing but abuse their power, break up families, and it will never be back to normal." The FLDS broke apart from the Mormon Church, when it rejected polygamy. Barlow has lived on the ranch for four years now. He says his wife and their three young children were out of state during the raid and now he won't allow them to return. According to Barlow, CPS has left small children emotionally scarred. "It's amazing to have 4-year-old to 6-year-old girls scared of CPS," he said. Fink wanted further explanation and asked, "When you say scared, what do you mean?" "Run to their bedrooms... close the windows... shut the blinds..." Barlow explained. Susan Hays is a Dallas attorney ad litem and represents a two-year-old girl on the ranch. Hays' says she has seen children act out. "Younger children who've regressed to wetting their beds. Toddlers who've regressed to wanting to breast feed, when they've already been weaned," Hays said. "They pulled off the raid very well, but they didn't pull off the cleanup well at all." So what does CPS say about accusations the raid left the FLDS children with emotional scars? Spokesman Patrick Crimmins says the children received the best care the state could provide including mental health and medical screenings. Crimmins says this is the largest and most extensive child custody case in state history, and that it was all in an effort to protect children. Last May, the State Supreme Court ruled the state couldn't remove all the children at once. After that ruling, a San Angelo judge later ordered all of them returned to their parents. Of the 439 children CPS initially removed from the ranch, 402 of them are now living with their parents without any court oversight. CPS is monitoring six children very closely and the agency says a judge is still reviewing the remaining cases. Hays says once girls become 10-years-old, the state will no longer allow their fathers to live in the same house. "The girls are very upset about it. Every 9, 10, 11-year-old girl knows that rule and they don't like it," she claims. Crimmins couldn't confirm that the state will require the fathers to move. Since the raid, a Schleicher County grand jury has charged eight FLDS members, including their prophet Warren Jeffs, with sexual assault of a child. Several also face bigamy charges. Schleicher County Sheriff David Doran says, "It just points out there was this problem out there." Doran says the grand jury may indict others. "Women, I'm not sure. But that's a point of investigation. They were a part of handing their daughters over to an older man," he said. One well-known girl from the ranch remains in state foster care: she's 14-years-old. Court files show Jeffs married her when she was just 12-years-old, and in a wedding picture, seen at the right, Jeffs is holding the girl and kissing her on the lips. Jeffs is in prison after being convicted as an accomplice to rape in Utah and faces similar charges in Arizona. Despite everything that's happened, Barlow says its part of their religion for older men to marry underage girls. He had this interchange with reporter Jack Fink. Fink: "It's against the law… having an underage girl marry an older man." Barlow: "That's true, that's true. But the state says you must put on your seatbelt. Do you always wear your seatbelt? Not always. If the girls choose to, heaven bless them. That's none of my business what they choose to do." Fink: "Do they have a choice?" Barlow: "Yes, they do." Fink: "So they can say no, 'I don't want to marry an older man'?" Barlow: "Yes, they can." Since the raid, the FLDS says many residents haven't returned to the ranch, claiming they are too afraid of CPS. The church says many of its construction projects on the ranch have come to a halt, and for the first time, FLDS members are competing for construction projects in town. FLDS members say they need the money to help pay for their attorneys so they can keep their children. Barlow says life has been difficult, but he's optimistic. "It's getting better. More people are coming back. Its home. It's just home," he said. CPS is still investigating whether the FLDS children previously suffered abuse while living in West Texas. The Texas Rangers are continuing their criminal investigation into the FLDS and a Schleicher County grand jury will meet in November and December. The Dallas FBI is conducting its own separate investigation and congressional investigators are also looking into the FLDS. (© MMVIII, CBS Broadcasting Inc. All Rights Reserved.) http://cbs11tv.com/local/polygamy.polygamist.FLDS.2.852956.html		Joined: 23 Mar 2006 Posts: 5587



PerryPeabody Posted: Fri Oct 31, 2008 7:17 pm
37 kids left in FLDS custody case By Ben Winslow Deseret News Published: Thursday, Oct. 30, 2008 1:49 a.m. MDT Only 37 children remain in the ongoing custody case involving members of the Fundamentalist LDS Church, Texas child welfare authorities told the Deseret News. Texas Child Protective Services officials confirmed on Wednesday that 402 children have now been dropped from court oversight, bringing the total number of people nonsuited in the case to 428. The Deseret News' ongoing tally includes 26 "disputed minors," FLDS women whom CPS originally believed were minors but were nonsuited when the agency confirmed they were adults. That leaves only 37 children left with pending lawsuits, agency spokesman Patrick Crimmins said in an e-mail. "We're delighted. It's about time," said Mark Ticer, a court-appointed attorney for four children ranging in age from 5 to 10. "And the department lived up to the representations that they made about doing it." CPS has said the reasons for nonsuiting a child vary from no evidence of abuse being found to parents taking adequate steps to protect their children from abuse. Nonsuiting does not necessarily end CPS's role in the families' lives. Many parents agreed to attend classes or get therapy for their children. Ticer said one of his child clients still has a class to attend. As the Deseret News first reported earlier this month, CPS has required 63 girls from the polygamous sect to attend seminars on sexual abuse, underage marriage and Texas law. The custody case involving children from the Utah-based church, which mushroomed to the largest in U.S. history, has been rapidly winding down. Authorities raided the FLDS Church's YFZ Ranch in April on a report alleging abuse on the Eldorado compound. The call is believed to be a hoax, but authorities said they found other evidence of abuse on scene, prompting a judge to order the removal of all of the children from the ranch. The 439 children were returned to their parents two months later when an Austin appeals court and the Texas Supreme Court ruled the state acted improperly. Since then, CPS investigators appear to have narrowed their focus to at least 10 cases of alleged underage marriages. Only one child, a 14-year-old girl allegedly married at age 12 to FLDS leader Warren Jeffs, has been returned to foster care. A judge ruled her mother was unable to protect her from abuse. Six other children also remain under CPS authority after their parents signed deals with the agency. A criminal probe also continues. Nine FLDS men, including Jeffs, have been indicted by a Texas grand jury on charges that include sexual assault of a child, bigamy and failure to report child abuse. The grand jury meets again in November and December. http://www.deseretnews.com/article/1,5143,705259021,00.html		Joined: 24 Mar 2006 Posts: 1137



PerryPeabody Posted: Thu Nov 06, 2008 1:52 pm
Voters get behind [Judge] Walther She tallies a record in challenging year By Paul A. Anthony (Contact) gosanangelo.com Thursday, November 6, 2008 She has been praised and vilified, scorned and embraced by pundits and observers from across the country. But in Tom Green County, District Judge Barbara Lane Walther remains the most popular person on the ballot. Running unopposed Tuesday for a fifth four-year term on the bench, Walther had a historic Election Day of her own, compiling more votes than any countywide candidate in San Angelo history - this despite, or perhaps because of, her starring role as the judge overseeing the massive Fundamentalist Church of Jesus Christ of Latter Day Saints child custody case. "It's been a very interesting experience," Walther said, speaking publicly for the first time since she authorized the state's Child Protective Services agency to remove any and all children investigators found on the FLDS' sprawling Schleicher County compound. "I'm very humbled." The number of children removed ultimately grew to 439, before two state appellate courts ordered CPS to return them and work through the cases individually. The case is nearing an end, with the vast majority of the cases thus far being dismissed at CPS' request with no public action. The FLDS case may have made Walther a pariah in some circles, but it certainly didn't hurt her within her 51st Judicial District, composed of Tom Green, Coke, Irion, Schleicher and Sterling counties. In Schleicher County, she received votes on 77 percent of all ballots cast. Data from 2004 were not immediately available in that county, but in Irion and Coke counties, she received significant increases - from 65.6 percent of the vote in 2004 to 76.5 percent this year in Coke County, and from 68.4 percent to 80.5 percent in Irion County. In Sterling County, her take was virtually unchanged, rising slightly. Walther's actions the evening of April 3 and in the subsequent months have led to a firestorm of outrage and a groundswell of gratitude. Despite the controversy, some good timing - the April raid occurred one month after the party primaries - prevented anyone from seeking a spot on the ballot against her. Not that it necessarily would have mattered. Since winning election in 1992, Walther has run unopposed four straight times, increasing her totals in each race. When polls closed Tuesday, she had compiled 30,488 votes - 77.3 percent of all ballots cast. She also won an impressive 81 percent of the nearly 17,000 Tom Green County voters who did not vote a straight-party ballot. Until Tuesday, no candidate in a countywide race had reached the 30,000-vote plateau, and only two in recent history had topped 77.25 percent of all ballots cast - much-beloved state Rep. Robert Junell in 1992 and Walther herself in 2004. "I have no explanation for the results," she said with a laugh. "Except maybe my name was first (among district judges), and everyone got tired after that." Walther joins Schleicher County Sheriff David Doran and state Rep. Harvey Hilderbran as key FLDS-case officials who cruised to victory despite sect members saying they wanted to oust them. Doran took nearly three out of every four votes in defeating Democratic challenger Shane West. Hilderbran - who represents Schleicher County in Austin and helped pass a law that raised the parental-consent age for marriage after the FLDS began constructing the YFZ Ranch northeast of Eldorado - won nearly 90 percent of the vote in his 53rd District. Walther has long been one of Tom Green County's most popular politicians, said Ed Olson, head of the Angelo State University government department and a campaign adviser for Robert Post, the man she defeated to win her seat 16 years ago. That she continues to take overwhelming majorities of the vote in uncontested races should be little surprise, Olson said. "It's fairly clear, with some exceptions, incumbent judges of either party tend to do very well," he said. "When they don't do well, it's usually localized - a demographic shift within the community." Controversial cases have felled local judges before. A child-custody case gone horribly wrong this decade cost then District Judge Rae Leifeste his job in the 2004 election. It's a tenuous position for judges, who must follow state law while knowing their decisions could be unpopular with an electorate to whom they are responsible - and with whom they cannot discuss the specifics of their cases as long as they sit on the bench. "It could hurt you," Walther said, "and it could help you. I would think that's the last reason a judge should make a decision. "We have to make the decision we believe the law requires a judge to make. Sometimes (the decision) might not be something we agree with." If anything, Walther's role in the FLDS case appears to have helped her in the Concho Valley. "I don't know that her rulings were controversial here in the area," said Post, now a local attorney, "which is probably what the vote indicates. She's done a great job." http://www.gosanangelo.com/news/2008/nov/06/voters-get-behind-walther/		Joined: 24 Mar 2006 Posts: 1137



Black-Tulip Posted: Wed Nov 12, 2008 4:14 pm
Hearing reset for figure in polygamy raid inquiry © 2008 The Associated Press Nov. 12, 2008, 10:31AM COLORADO SPRINGS, Colo. — A woman linked to telephone calls that may have triggered a raid on a Texas polygamist group is due back in a Colorado Springs court next month after a hearing in an unrelated case was continued. Thirty-three-year-old Rozita Swinton appeared in a courtroom gallery area Wednesday morning, holding a green blanket on her lap and whistling, as a judge reset her hearing for Dec. 19. Prosecutors said they had not yet received reports from a psychological evaluation of the woman. Swinton has been identified as a person of interest in calls to a Texas crisis line that may have sparked an April raid at a compound owned by the Fundamentalist Church of Jesus Christ of Latter-Day Saints. Authorities say the calls were made from a phone number linked to Swinton. http://www.chron.com/disp/story.mpl/ap/tx/6108321.html		Joined: 23 Mar 2006 Posts: 5587



gwen Posted: Wed Nov 12, 2008 6:05 pm
8 new indictments issued in Texas polygamist case ELDORADO, Texas (AP) - A grand jury has indicted another three members of a polygamist sect that was the focus of a massive raid in west Texas during the spring. The state attorney general's office says four people were named in eight new indictments Wednesday, but one of them - sect leader Warren Jeffs - had been previously charged. The grand jury in Schleicher (SCHLY'-ker) County has now charged 12 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Most, including Jeffs, face charges of sexual assault of a child. The grand jury has been hearing evidence since the summer after authorities raided a ranch in Eldorado (el-dor-AY'-do) looking for evidence of girls forced into underage marriages. Hundreds of children were taken into custody before a court ordered them to be returned. http://apnews.myway.com/article/20081112/D94DLT5O0.html		AKA Gagal_05 Joined: 24 Feb 2007 Posts: 15262



Tonk Posted: Wed Nov 12, 2008 11:26 pm
A grand jury in West Texas handed down eight more indictments Wednesday in the criminal investigation into abuse allegations involving members of a polygamist sect. Jailed sect leader Warren Jeffs and three other members of the Fundamentalist Church of Jesus Christ of Latter Day Saints were charged with eight different felonies, including aggravated sexual assault, bigamy and tampering with physical evidence, said Texas Attorney General Greg Abbott. FLDS members have been under investigation since April, when Texas Child Protective Services removed more than 400 children from the group's Yearning For Zion Ranch in Eldorado, south of San Angelo. FLDS attorney Rod Parker said late Wednesday the grand jury's investigation seems to be winding down. Charges of bigamy will be difficult to prove, he said, because plural FLDS marriages were sanctioned in the church but not legal marriages. Texas law makes it illegal to even purport to marry more than one person, but Parker said enforcement against consenting adults will face a constitutional challenge. "When you talk about making bigamy a crime in a setting where there is not a civil marriage it is not constitutional," he said, comparing the relationships to other cohabitating couples. The grand jurors action follows similar indictments earlier this year. So far, 12 people have been indicted for their role in the marriages of underage girls. In April, CPS caseworkers removed the children because they found evidence that underage girls were being groomed for marriage to adult FLDS members. The children were eventually returned to their parents and all but a few dozen remain under court supervision. However, Abbott and his investigators have been pursuing criminal charges against FLDS members. In Wednesday's set of indictments, one person was indicted on a charge of conducting an unlawful marriage ceremony involving a minor, another was indicted on three counts of third-degree bigamy. A third person was indicted on four charges: first-degree felony bigamy, second-degree felony bigamy, third-degree felony bigamy and tampering with physical evidence. Neither the gender nor the name of the three were released. However, Abbott's office named the fourth defendant as Jeffs. He was indicted Wednesday on a first-degree felony count of aggravated sexual assault. This count is in addition to his July 2008 indictment for sexually assaulting a child. A FLDS spokesman could not be immediately reached for comment. The Associated Press contributed to this report. terri.langford@chron.com http://www.chron.com/disp/story.mpl/hotstories/6109076.html		Joined: 25 Jul 2006 Posts: 921 Location: pray for rain



Tonk Posted: Sat Nov 15, 2008 12:27 am
Judge halts hearing over proposed FLDS land sale Published: Friday, Nov. 14, 2008 10:59 a.m. MST ST. GEORGE — In a surprise move Friday morning, 3rd District Judge Denise Lindberg abruptly halted a hearing over the proposed sale of Berry Knoll, which is more than 700 acres of FLDS farmland on the Arizona/Utah border. Lindberg said she was acting on the recommendation from the Utah Attorney General's Office that the dispute should be worked out among the parties absent a judicial ruling. There should be an effort made, she added, to achieve a global resolution. "I am not going to take action today one way or another but I do expect a show of good faith that we seek demonstrative movement forward and that this not drag out. I am imploring all interested parties ... .to try to reach out and establish a dialogue where it has broken down." Hundreds of FLDS turned out in the St. George court on Friday to challenge the proposed sale. The court-appointed special fiduciary of the UEP Trust wants to sell it to pay off debts and has accused the FLDS of engaging in a coordinated legal attack to starve the trust of money. In 2005, the UEP Trust was taken over by the courts over allegations that FLDS leaders mismanaged it by defaulting on lawsuits and siphoning property away from it. The $110 million UEP Trust controls homes and property in the FLDS communities of Hildale, Utah, and Colorado City, Ariz. The trust was reformed, doing away with the communal property concept in favor of private property ownership. After 3 1/2 years of silence, FLDS members are launching legal challenges to the trust reforms claiming the reformed trust violates their religious freedom rights. Lawyers for the court-appointed special fiduciary over the UEP Trust argue church members are too late to challenge the reforms because they refused repeated pleas for input in the reform process. — Nancy Perkins http://deseretnews.com/article/1,5143,705263064,00.html		Joined: 25 Jul 2006 Posts: 921 Location: pray for rain



Tonk Posted: Sat Nov 15, 2008 12:44 am
Polygamous sect accuses judge, trust overseer of bias By Brooke Adams The Salt Lake Tribune Article Last Updated: 11/14/2008 07:32:46 PM MST Posted: 7:10 PM- A judge and an accountant she appointed to oversee a polygamous sect's trust are biased and should be disqualified from any oversight of the trust, the sect contends. In a court document filed Wednesday, the sect alleges fiduciary Bruce R. Wisan, his lawyers and 3rd District Judge Denise Lindberg are prejudiced and have conflicts of interest. The claims are related to their handling of and interactions with Diversity Foundation, a nonprofit founded by former sect member Dan Fischer. The filing alleges the foundation was intricately involved in the state takeover of the United Effort Plan Trust while also benefiting from the court's actions. It is unclear whether the request by the Fundamentalist Church of Jesus Christ of Latter Day Saints will go forward, however, due to a new effort to settle all litigation over the trust out of court. The foundation funded lawsuits targeting the trust, then urged the Utah Attorney General's Office to petition for its seizure, the sect's filing said. It also claims the foundation recommended Wisan be appointed and provided $10,000 to cover his initial expenses. "This payment lays the foundation for a major conflict of interest undermining this case," attorney Jim Bradshaw said in the document. Wisan has previously said that the Attorney General's Office recruited him for the job. Attorneys Roger Hoole and Greg Hoole, hired by Diversity to pursue the lawsuits against the FLDS church and its trust, were allowed to help craft the document that revised it, the filing states. It also asserts: - The foundation recommended five ex-FLDS members now serving on an advisory board assisting Wisan. - Diversity and Wisan have shared privileged information and jointly used the services of private investigator Sam Brower. - After his appointment, Wisan and attorneys Jeff Shields and Zach Shields negotiated settlements of the lawsuits funded by Diversity "that gave substantial trust assets" to the foundation. "Diversity's inappropriate participation in these proceedings has allowed them a platform to demonize the FLDS church," the document states. The sect also alleges Lindberg "tolerated and seemingly condoned the inappropriate and unethical rela