Steven Conn:
The evidence is not "stipulated" as not being used, the evidence is RULED inadmissible by consent of both prosecution and defense. It is SUPPRESSED, just as effectively as if it had been argued admissible and the argument lost.
CONTRAST THAT with Barbara Walther's ramrod hearing, foot dragging and later predictable political ruling that the evidence was admissible. She's wrong. Without a Judge in your pocket, you can't win the case on YFZ evidence. Matt Smith knew that, fought valiantly to avoid that fight, but was up against a knowledgeable attorney that would have none of it.
THE EVIDENCE IS SUPPRESSED. Furthermore it looks as if the charges now might be dropped, Judge Conn is rumbling the prisoner has been in jail longer than he would sentence him for his crimes.
It's starting to look like Arizona was simply warehousing and harassing Warren. All of this comes on the deadline for appeals filing in Texas for Raymond Jessop. How timely.
Brooke Adams is now reporting it as well.
The parties have filed a Stipulation, and good cause appearing, the Court signs the Stipulation and adopts the terms thereof.The other order reads as follows:
The Court does not know whether eliminating the possibility that evidence seized in the Texas search could be used in these cases makes these cases any more ready to go to trial than before. The Court has certainly had the impression that that possibility was a major obstacle to getting these cases resolved. The Defendant has now been incarcerated in the Mohave County Jail for almost 2 years, which is ironically the maximum prison sentence he is facing in either of these 2 cases.
IT IS ORDERED directing counsel to file individually or jointly with the Court by no later than February 22, 2010, some pleading advising the Court what hearing they fell should be set next and when
IT IS ORDERED directing the Clerk to bring these files to the Court's attention no later than February 24, 2010.
Upon stipulation of the parties and good cause appearing,The way I read this, the State of Arizona's case was lost from the start, and attempted to pretend convincingly they wouldn't use the evidence, then said they wanted the evidence hearing, then tried to avoid the hearing with a meaningless stipulation, and Conn would have none of it.
IT IS ORDERED:
1. Defendant's motion to suppress evidence obtained in the search that occurred at property belong to the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) near El Dorado, Texas (YFZ Ranch) beginning on April 3, 2008, and continuing thereafter is granted.
2. The evidence obtained thereby is suppressed and the State agrees that it will not use any evidence obtained as a result of the search of the YFZ Ranch, directly or indirectly, in his case-in-chief, during cross-examination of any called defense witnesses, as rebuttal evidence, or for any purpose whatsoever.
3 The hearing on defendant's motion to suppress, currently set for February 17 and 18, 2010, is hereby vacated.
DATED this 4th day of February, 2010.
The evidence is not "stipulated" as not being used, the evidence is RULED inadmissible by consent of both prosecution and defense. It is SUPPRESSED, just as effectively as if it had been argued admissible and the argument lost.
CONTRAST THAT with Barbara Walther's ramrod hearing, foot dragging and later predictable political ruling that the evidence was admissible. She's wrong. Without a Judge in your pocket, you can't win the case on YFZ evidence. Matt Smith knew that, fought valiantly to avoid that fight, but was up against a knowledgeable attorney that would have none of it.
THE EVIDENCE IS SUPPRESSED. Furthermore it looks as if the charges now might be dropped, Judge Conn is rumbling the prisoner has been in jail longer than he would sentence him for his crimes.
It's starting to look like Arizona was simply warehousing and harassing Warren. All of this comes on the deadline for appeals filing in Texas for Raymond Jessop. How timely.
Brooke Adams is now reporting it as well.
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5 comments:
What does "indirect" mean?
When in the Utah SC decision due out?
What about Allen Steeds?
"Indirectly" means that if there is any hint the evidence used at trial was influenced or discovered by evidence procured at YFZ, it can't be used in an Arizona Courtroom.
Essentially that means if they know where to look for something because of YFZ evidence, that evidence, discovered as a result, is suppressed.
If they were able to understand or understand better evidence they already had, that evidence is suppressed.
I don't know when the other rulings are coming. Steed's was rumored to be in the outbox of Judge Beacham, on the 5th (last Friday).
I have to admit this case is getting quite deep on the irony meter.
So, if Smith tries the case and wins, he might get the full 2 years which Warren has already served, so they'd just ship him back to Utah.
On the other hand Warren could plead guilty for time served and save himself a bunch of money for attorneys.
My irony detector indicates that neither will happen. Warren won't plead and it would be too politically damaging for Smith just to throw in the towel.
I keep telling folks - the law is an ass.
Judge Conn appears to want none of that action. Look for Warren to be sent elsewhere.
Maybe arrested and taken to Texas, maybe back to Utah. I truly can't figure but Matt's case is falling apart and the upside is small.
I doubt Warren pleads to anything.
I'd sure like to see the State sued for holding him for so long. Especially since he served out any possible term that he could have rec'd. He was punished for the crime, but never brought to trial (whatever happened to a right to a speedy trial anyways?)
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