Time for a Little Stragedy
Matt Smith, Mohave County Prosecutor, has filed a stipulation that he will not seek to introduce any of the evidence from the Texas search warrants that were upheld as valid and constitutional by Judge Barbara Walther. Why would Matt Smith do this? According to Hugh McBryde, it’s because Matt is chickening out and a dismissal of the charges against Warren Jeffs in Arizona is imminent.
Recall that for months Matt Smith has been advising Piccaretta and Judge Conn that he was not going to use the evidence from Texas, although he did not go so far as to make a legally binding stipulation to that effect. Judge Conn had previously ruled that he would wait for Texas to rule on the validity of the warrant, and he apparently hoped it would not become necessary for him to rule on this motion as he stated on December 11 at another hearing. Nevertheless, Piccaretta must play his reindeer games and pressed forward with his request for a hearing on his motion to suppress, even though the issue has already been decided in the appropriate court. Judge Conn had no choice but to set the matter for hearing.
Matt Smith has now done the sane and logical thing by filing a stipulation that he will not use the Texas evidence at any time for any purpose. This is a legally binding agreement, not just an off the cuff statement in court. Matt filed these charges against Warren long before the Texas warrants — He doesn’t need the evidence, he doesn’t have it, and now there is nothing Pic can do about it — the issue is moot. There is no longer an issue about the Texas evidence being offered in Arizona, and Pic can’t have his hearing and use it as a PR, smoke and mirrors, distraction from the real issue of child rape.
I always like it when the wind is taken out of Pic’s sails.
Good move Matt. Let’s get this to trial.
P.S. — of course this means that the subpoenas of Doran and Long are moot too, but they weren’t going to be traveling to Arizona and taking the stand anyway. Arizona has no authority to compel a Texas resident to appear at trial in Arizona. That’s stupid.
Hat Tip: Bugs Bunny