Tuesday, November 17, 2009

New filing in Jeffs case

It can be found at Mohave county court's site:
Motion to determine Nature, Scope and Extent of proposed Expert Testimony. An excerpt:
"These disputed factual matters have nothing to do with any of the factual allegations in the two pending prosecutions and are, in fact, more akin to the type of 'he said, she said' allegations that permeate divorce court, or afternoon daytime talk shows."
In another portion, Jeffs' attorneys squarely acknowledge the Polygamy issue and at the same time suggest where experts might be found:
"The basic teachings of the FLDS are essentially the same as the basic teachings of the 'mainstream' LDS, with the exception that the LDS no longer follows its founders' belief in the practice of polygamy. However, the basic teachings are the same and come from the Book of Mormon and the Teachings of the Prophet Joseph Smith. None of the State's proposed witnesses have any special training or expertise in the LDS or the FLDS or the history of these religions and differences between them."
There is this all too true observation as well:
"This proposed expert testimony will not assist the jury because claims of subjugation of women (are) hardly unique to the FLDS. It is and has been a tenet of fundamentalist religions everywhere including the teaching of the Old Testament, the Koran, the current teachings of the Fundamentalist Baptists, and the 'mainstream' Mormon Church."
The motion concludes that the case is either "about religion or not about religion." If it is about religion, it seems to be the defendant's opinion, through his attorneys, that he is then protected by the First Amendment, and cites the few available and recent cases before Supreme Courts in Montana and Minnesota.


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5 comments:

I_hate_bigots said...

Did you notice he said Becky was a confidential informant for Texas?

I_hate_bigots said...

It's interesting to see the same small group of people used over and over again in all of these trials.

The couldn't find EVEN ONE person from YFZ to say something bad!

kbp said...

It's interesting to see the same small group of people...

They ALL tie in to Fischer, all $3.4+ million worth of them.

kbp said...

Finished reading the motion. It is quite obvious that Warren's attorneys know these filings are public information, and they do well in addressing both the legal problems and providing a narrative of the situation.

I hope the Texas attorneys are on the same page. This filing looks like it would fit well there also, with a few changes.

The Pharisee said...

I think you're looking at one of the appeals. If this motion flies in Arizona, well.....