The Latest 12-06-09
This is just a brief update on the status of things FLDS across the various arenas:
Texas – Friday was supposed to be Goldstein et al hearing on the defense motion to quash the grand jury indictments because there weren’t enough Hispanics. Goldstein asked for a continuance of his own hearing because it was supposed to snow and one of the other defense attorneys had a nail appointment or some other alleged conflict. The motion for continuance was denied. Then Goldie filed a motion to recuse judge walther for the hearing on the Hispanic motion — he knows he’ll lose, but once a motion to recuse is filed the judge cannot take any further action until the recusal is ruled on. So Monday will be the motion for recusal and the Hispanic motion. Both will be denied. The Hispanic hearing might take more than one day because Goldstein is long winded and can’t get to the point. Keate’s trial should start Tuesday or Wesnesday.
Arizona– still no trial date for Warren. I think Matt Smith is waiting for him to die. December 11 is a hearing on Pic’s motion to further harass Sam Brower and Dan Fischer. The motion has been opposed by several attorneys but the State didn’t respond at all. Might be interesting.
Carolyn Jessop has withdrawn as a witness because Matt Smith won’t keep Pic at bay. Smith has apparently not yet informed Pic because now Pic has filed a motion to take Carolyn’s deposition claiming she is being uncooperative even though she’s given him two interviews already and produced all of her contracts and financial documents.
Did I mention there’s still no trial date?
Utah– awaiting a decision on Warren’s appeal to the Utah Supreme Court.
Willie has filed a petition for extraordinary writ with the supreme court, claiming to he the “duly authorized representative” of the FLDS Church and seeking to have the trust property “returned” to the FLDS. The UEP responded. Willie’s petition will be denied.
Lyle’s and the City’s interventions were appealed all the way to the supreme court where they were denied again.
The Berry Knoll sale is pending I believe.
Rod Parker was previously disqualified from representing anyone against the UEP but the supreme court stayed the order disqualifying him. Now the supreme court lifted the stay and gave him 30 days to file the right pleading. The 30 days has expired. Maybe he got an extension.
Leroy Jeffs as executor or Rulon’s estate and the FLDS Corp (i.e. Warren Jeffs) have filed a motion to intervene, a motion to vacate the reformed trust and a motion to remove Wisan. Rod Parker’s in on this one. The claim is that tRulon was the only settlor of the trust and his intentions can somehow be gleaned from beyond the grave — the whole legal argument is flat out wrong and factually wrong as well. The other argument is that the judge should not have reformed the trust but let it terminate instead and revert to the FLDS Corp as the sole remainder beneficiary. Anyone know if Warren is still the President? These suits are going nowhere also. Likely the judge will rule they do not have standing and even if they did they’ve waived their right to participate by waiting four years after a final judgment. Next ….
More Arizona– Wisan’s criminal trial for conspiracy to commit trespass (!!) is scheduled for later this month but will likely be delayed. Rumor has it Pic is participating as the “victim” attorney. Apparently Arizona has some constitutional amendment that allows victims to participate like a party in criminal trials. So big shot Michael Piccaretta makes an appearance on a misdemeanor case in JP court for the “victim” — uh huh, nothing to see here, move along ….
Incidentally, the judge was disqualified and replaced with a non-biased judge. Isaac Wyler’s conviction is going through motions for new trial and appeals.
What did I miss?