Friday, April 10, 2009

AP/San Angelo Standard Times Headline seemingly at odds with article.

The headline says "Judge: FLDS leader Jeffs can't re-interview Texas officials" but the story says that it's hardly over.
"(Warren) Jeffs' attorney, Mike Piccarreta, said Thursday he would file a motion to specifically address re-interviewing the Texas authorities. Piccarreta wants to know when Texas officials found out that a fake phone call had triggered their April 2008 raid on the Fundamentalist Church of Jesus Christ of Latter Day Saints compound in Eldorado.

Mohave County Attorney Matt Smith has opposed the move to re-interview the Texas authorities.

Piccarreta had argued that the raid showed reckless disregard of the truth by Texas authorities and wants all evidence collected from the raid barred from Jeffs' trial in Arizona.

(Judge Steven) Conn said he won't rule on the request to suppress evidence from the raid until after a similar request in Texas has been decided."
So while headlines seem to declare a Piccarreta/Jeffs defeat, it's actually more like a lull. I've said before that I think Conn really doesn't want to do the work of a Texas court, if the Texas court will do it. It's my opinion that Texas will not rule in favor of Jeffs, and I'll bet Judge Conn shares that opinion, but if they did, Judge Conn doesn't have to and he's not going to get in the way of someone doing their job instead of him doing their job for them. It just makes sense.

Supposing that Texas does rule against YFZ evidence, Judge Conn can simply plumb the record for what he needs for his rulings. He also can't get evidence introduced into his courts that Texas suddenly no longer has to give.

Piccarreta is maneuvering. He ought to. It's his job and he hasn't a lot to do in the interim save to depose Sam Brower and Becky Musser in the last half of this month. He could have gotten lucky with his motions before Judge Conn, and that wouldn't have been bad. Hey, it was worth a shot, and it will be worth another shot, and there will be one. A shot that stands a better chance of hitting the mark.

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