Wednesday, September 17, 2008

Jeffs' Attorney argues Texas knew the call was bogus in Suppression move.

The Deseret News - "(Warren Jeffs' attorney, Michael Piccarreta) argued that the warrants were not supported by probable cause and were based on false information.

Texas law enforcement officials knew before the first warrant was served on the ranch that Dale Barlow, the object of the first warrant, was not currently living in Texas and was currently on probation in Arizona, Piccarreta wrote.

He also stated that Texas authorities were already questioning the phone call that started the raid before the first warrant was served on the ranch.

Texas authorities knew that the phone calls originated outside of the Texas area, he wrote. They traced the calls to the Colorado Springs area where local police told them that the phone number belonged to a woman who had a history of making false reports.

Piccarreta also stated that Texas authorities went through with a second warrant, even though, after three days of searching, they had been unable to find the teen that made the call or the suspect alleged to have committed the crime.

The Mohave County Attorney's Office has not filed a response to the motion yet."

This is significant because Piccarreta alleges essentially, bad faith. As highlighted, he says that they already knew the tip was bad. Jeff's attorney may have real evidence to back this. It is bad for Texas and the case against all the FLDS Four (plus Warren) if Texas deliberately entered YFZ knowing for the call was almost certainly a fake.

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kbp said...

Should be "Knew". You keep it up and you'll be as bad as me! ;)

The Pharisee said...

I have know idea what your talking about. hehehehehehe...

Anonymous said...

Of course they knew. They weren't sitting in Eldorado since late last year with all their new found "sources" and Dan, Winston, Flora, Carolyn etc etc, not planning this!! Are you mad? :) LOL!! This was planned for months, if not many months, the call was fabricated to facilitate the entry to the ranch, I'm sure you will find that it goes up as high as Perry in the end. All of it being an attempt to get evidence against WSJ. who the real villan is in their minds. You are dealing with a bunch of sociopaths bent on destruction, and they conned a whole state into acting. It's gonna be one of the blackest marks on the USA you will ever ever find.

TxBlogger said...

What might Swinton's attorney have meant when he said,

"There's a lot more to this than the public is getting. I think people would be surprised. Stay tuned," Foley said.

Pretty intriguing.

Nothing about the calls made sense, and further, it didn't make sense that people who deal with this type situation everyday didn't see the calls were fraudulent. That's when I felt it was a set-up.

Jessop said Sarah called her on the 30 Mar and that she taped 40 hours of conversation over the next 2 weeks, at the request of LE.

Two weeks = 14 days - 2 (days when phones were confiscated) = 12 days.

She really taped 40 hours in 12 days? That's 3.5 hours per day. And 'Sarah' talked to Jessop up to an hour at a time. Yet, was terrified of being caught on the phone.

The Pharisee said...

Of course it's important that this is now being filed as a legal motion. I've always suspected this with a high degree of certainty, so much so that I've been operating on the assumption that it is a fact.

It is interesting that part of the defense Texas is now raising is "no standing" on the part of those who are challenging the evidence. Frankly, if their case for the warrants were solid, they'd argue the evidence, not the standing of those making the motion. They'd go right to proving that the warrants were good. Even if they prove "no standing" someone else will raise the issue who DOES have standing, yet they argue this tissue paper strong defense. That's telling.