Texas Ranger questioned by FLDS attorney
 
 
Attorneys continued interviewing the first witness of the day at noon Friday in a pretrial hearing in the Tom Green County courthouse to determine whether to suppress evidence in the criminal proceedings against 10 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

After two days of presentations from attorneys, 51st District Judge Barbara Walther this morning decided to hear testimony from witnesses.

Attorneys for the 10 sect members who stand accused of 19 counts involving allegations of underage marriage and child abuse have argued that the search warrant issued by Walther for the April 2008 raid on their Schleicher County compound, the YFZ Ranch, was based on incomplete information presented to the judge by state authorities.

Material seized from that raid is the evidence under question.

Defense attorneys have said key information was left out of affidavits from law enforcement when they sought a search warrant to enter the ranch, and they are calling for all evidence collected under the warrant to be suppressed.

A short recess was called this morning while three witnesses were summoned to court - Sheriff Doran and Texas Rangers Phillip Kemp and Lt. Long.

Texas Ranger Lt. Brooks Long was called to the stand, where lead defense attorney Gerald Goldstein questioned him on whether information was withheld from 51st District Judge Barbara Walther when authorities were seeking a search warrant for the YFZ Ranch last year.

Details highlighted by the defense include lack of full information about the call that prompted the April 2008 raid. The caller claimed to be 16-year-old Sara Jessop Barlow, who only identified Dale Evans Barlow, 49, as her husband after being read a list of names.

Goldstein also asked Brooks whether he told the judge that no records could be found of the caller's claimed visit to an area hospital. Brooks, after discussing the matter with Schleicher County Sheriff David Doran at the time, believed the girl could have given a false name and age.

In the affidavit to the judge, Brooks told the judge that he believed Barlow was at the YFZ Ranch at the time, Goldstein said, but did not call Barlow's parole officer in Arizona, where he was a registered sex offender and not permitted to travel outside the state.

The proceedings are expected to continue for the rest of the day.
 
gosanangelo.com
Originally published Friday, May 15, 2009
 
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