KINGMAN - Judge Steven Conn is leaving it up to the Mohave County Attorney's Office and Warren Jeffs' attorneys to determine how they want to move forward on a motion to suppress evidence.
According to a minute order from Conn, both parties have until Feb. 27 to submit their decision in writing to the court. Otherwise, the court will set a date and time for an evidentiary hearing and oral arguments.
Jeffs' attorneys, Michael Picarreta and Richard Wright, filed a motion to suppress any evidence from the raid of the Yearning for Zion Ranch in Eldorado, Texas in October. They have argued that the Texas raid was illegal and any evidence or officers involved in the raid are tainted. Therefore, they contend, any Arizona law enforcement officer who came in contact with the evidence or spoke with Texas law enforcement is also tainted.
The Mohave County Attorney's Office has responded to the motion by stating it currently does not plan to use any evidence from the raid in the Mohave County cases.
If an evidentiary hearing is set it could require three Texas law enforcement officers - Schleicher County Sheriff David Doran, SCSO Deputy John Connor and Texas Ranger Brooks Long - to travel to Arizona and testify in court.
Their testimony could be used to determine if the search of the YFZ Ranch was legal.
Jeffs is currently in custody in the Mohave County Jail on four felony counts of being an accomplice to sexual conduct with a minor. Conn threw out four felony counts of being an accomplice to incest last year after determining the state statute defining what constitutes incest was "clear and unambiguous" and required that both parties involved in the act of incest must be 18.