The Salt Lake Tribune - "Utah Attorney General Mark Shurtleff said state attorneys are preparing a petition for a rehearing before the Utah Supreme Court, which last month reversed Jeffs’ convictions on accomplice to rape charges and sent the case back for a new trial. The court said faulty jury instructions prevented Jeffs from getting a fair hearing.The key thing is to analyse this politically. The "Rehearing" request filing deadline is as noted, on the same day of Warren's request for an expedited trial. Some attempt is being made at least superficially to reverse the Supreme Court of Utah's decision to vacate Warren's accomplice to rape conviction. Honestly I don't see how that happens with the decision being unanimous, but if they can get the conviction at least technically reinstated by having it's reversal reconsidered, perhaps then Governor Gary Hebert can flick Warren off his blotter and ship him to Texas while he's still not "waiting for trial."
Shurtleff said the request for a rehearing would focused on the discussions that surrounded instructions given to the jury that heard Jeffs’ case in 2007.
The high court has given an extended Aug. 23 deadline for the rehearing request to be filed. That is the same day a 5th District judge is supposed to hear Jeffs’ request for a 'speedy' new trial."
I can't see how this works exactly, but I suspect that's the mechanism. If my suspicions are correct, the Utah Supremes will act politically, under pressure, and "reconsider" their unanimous decision long enough to essentially block Warren's request for a new trial. Hence the date of the filing deadline, which would then possibly (simply by it being filed) void Warren's request for a quick trial.
Warren then becomes a prisoner in the Utah Prison system, wanted by another State and they'll try to whisk him out the back door to Texas, before any remedy can be undertaken by Warren's attorneys.
If that doesn't work, there may be an even longer delay before Texas gets Warren, or Utah will quickly drop charges against Warren, clearing at least partially the way for Texas to get him. I don't honestly know if that would require yet a third request for Warren by Texas. This smells strongly of cynical legal maneuvering. We'll see how it works out.
Fox 13 reports:
"The governor received the request and after careful review, he signed it," said governor's spokeswoman Angie Welling. "It's also accompanied by an executive agreement which allows the state to bring Mr. Jeffs back to Utah once the Texas case is concluded."The idea that Utah intends to prosecute Warren again, is a fiction. This lends credence to the notion that the whole thing is a maneuver.
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21 comments:
This is exactly what Utah did to allow them to try Jeffs before Arizona. Texas now has the more serious charges and is allowed to go first. It makes no difference whether or not Warren requests a speedy trial. The most serious charges get put to the head of the line.
OIC. Everybody "knew" in 2007 that there woul be more serious charges discovered at YFZ in 2008. You do realize that means the whole raid was a setup and entrapment?
No, when he was arrested in Nevada, there were charges pending against him in both Utah and Arizona. Utah got to go first because they had the more serious charges.
Now he's got charges pending against him in both Utah and Texas. Texas should get to go first because they have the more serious charges.
I guess the central question is whether the courts are going to consider this a new action or just a continuation of the first trial.
Unless there is some specific Utah case law on this I would think they will rule Warren has a right to stay in Utah and finish his Utah case.
Warren's lawyers have already investigated and research the case.
It would seem unfair for him to have to stop, spend possible years litigating in Texas and then go back to Utah.
What's happening with all the other cases. I know one was continued. Was it a plea deal?
There has been no plea deal.
Sorry "Canadian" But when they arrested Warren in Nevada there were no I mean NO! Charges against him except flight. But the case that was filed on that had all fallen out from under them so they congered up the Utah case. The Arizona cases thet were just droped were filled and he was served while in Utah awaiting trial.
yutthehey, you are wrong, there were charges against him in Arizona before he was picked up by the Nevada DPS. Charges were filed against him in June 2005 on Sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. These were over a marriage he performed between a minor and Randolph Barlow. Each charge carried a 1 year jail sentence. In April 2006 the Utah charges regarding Elissa Wall and Allen Steed were filed and then he was put on the FBI most wanted list on May 6, 2006.
The flight charges come from not turning himself in when he knew there were charges against him.
"Canadian" Sorry my mistake. there were charges but there was NO CASE. They had just lost it.
I thought they lost the case after Warren got arrested when the family convinced the girl not to testify. Not really sure on the time table for that one, but Elissa's case in Utah was filed in April before he was picked up in August. Not sure when the other Arizona cases were filed. I'll have to do some digging.
if you refer to Arizona Canadian, the evidence from YFZ was suppressed as unlawfully and illegally obtained. Judge Conn accepted the Sept 08 motion of the defense without modification. Elissa dropped charges because she is no longer a credible witness.
No, I'm talking about the prior case that involved Randolph Barlow and his underage wife.
As for your theory on Arizona and the YFZ evidence, it makes no difference to the facts of any case. Arizona didn't and doesn't have the authority to comment on evidence gathered in Texas. Texas told Judge Conn to shove it because they knew he didn't have any authority over them or their evidence.
As for Elissa having no credibility, I'll reserve judgment on that. Some of the crap that you and your buddy Bill sling isn't always factual. He's attributed a lot of stuff to Sam Brower's 2010 deposition that I know isn't in the deposition so we'll just have to call the Elissa matter a difference of opinion.
There were 3 different underage girls in Arizona who all at one time or another had cases involving Warren performing illegal marriages. I think all of them involved marrying underage girls off to their cousins. Elissa was one of them and then there were 2 others.
One of the problems that they have in the twin cities that they don't have in Texas is different laws depending on which state you are in. All the stuff that happened at the YFZ occurred in Schleicher County.
I've never claimed Conn's ruling binds Texas. The legal principles though are Constitutional in nature & will eventually flow out of friendly courts to ones that are more mindful of the issues Conn had to deal with.
Elissa is involved in falsified documents. Warren thus will never be successfully prosecuted in Utah or Arizona.
Sam Brower IS a "bagman."
I don't recall discussing Brower's deposition.
Please be specific about the "crap" I "sling."
How do you know that Elissa is involved in falsified documents?
I don't know for certain Canadian, but the Arizona case fell apart on the twin rocks of the evidence suppression & the fabrication of "diaries" by Jane Blackmore & Elissa Wall. The conduit for communication between Jane & Elissa was through Sam Brower & Jon Krakauer.
The appearance of this impropriety (at the least) makes Elissa an impeachable witness.
i think you're wrong about jane/elissa and also about why the case was dropped. it had a lot more to do with him having already sat in an arizona jail for longer than any sentence he could receive.
the way i see it, texas wanted him and they put a bug about the jail time issue in becky's ear who passed it along to her sister who then decided texas was a better venue for him after all.
I don't think I am wrong Canadian, and I have a factual basis for saying that.
You can take that, or leave it.
i'll leave it because i don't take anything on someones say so.
Canadian, you made a sweeping claim about my veracity, yet you are one of the many masks that come here and comment, without telling us about yourself.
Don't speak to me about my credibility. You cannot possibly have any.
i leave where there's polygamy all around. while i wasn't raised in the flds and/or winston's brand of religion, i have many friends who were and in some cases still are if for no other reason than they can't leave with all their children/siblings. family is a big pull for these people and even when they quit believing in the prophet, they don't want to leave everyone they love behind so they stay.
also, i know jane blackmore and she wouldn't and didn't lie about anything.
She's admitted Canadian, that the written records she swore to the court as being "contemporaneous" were in fact created after the fact.
She lied, in written form. In Court.
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