2010

ARB delays tax exemption for YFZ

Wednesday, 07 July 2010 16:11

The Schleicher County Appraisal Review Board (ARB) met Thursday, July 1st to consider a request for a religious exemption from property taxes on the YFZ Ranch temple and meeting hall. The board ultimately tabled the matter, and delayed taking action until the United Order of Texas trust receives a 501(d) designation it is seeking from the U.S. Internal Revenue Service.

Chief Appraiser Jani Mitchell previously denied three 2009 applications under advisement of the district’s  attorneys. Each time the application was made it was under a different trust name.

Mitchell’s last denial was appealed to the ARB which consists of three members appointed by Schleicher County Appraisal District’s board of directors. The three members are Kerry Joy, Jim Chancellor and Jennifer Henderson.

 

Judge denies Jessop new trial, indigency

Wednesday, 14 July 2010 15:50

District Judge Barbara Walther on Friday, July 2, 2010, denied a motion for a new trial for Merril Leroy Jessop. She also denied his motion that he be provided with a free court reporter’s record of his trial for use in his appeal.

The judge also turned down Jessop’s request that the court appoint his attorney, Dan Hurley of Lubbock, as his court appointed attorney for the appeal.

In March of this year, a Tom Green County jury convicted Jessop of Sexual Assault of a Child. He was sentenced to 75 years in prison. He has remained in the Schleicher County Jail pending the judge’s decision on a new trial.

 

Son of YFZ man drowns in MT

Wednesday, 14 July 2010 17:54

The body of 21-year old Leroy Emack was recovered from the Missouri River near Rainbow Dam at Great Falls, Montana. He was the son of Michael Emack of the YFZ Ranch near Eldorado, who is currently serving a pair of seven year prison sentences after pleading guilty to Sexual Assault of a Child and Bigamy.

Leroy Emack was reported missing on July 4th after a canoe that he and two friends were riding in capsized on July 4th. Two of the boaters were later rescued from a sand bar. Emack never resurfaced and a lengthy search and rescue mission eventually transitioned into a recovery effort.

Montana authorities held a press conference on Sunday to confirm the identity of the body as that of Emack. The Hildale, Utah native was reportedly working  on a construction project at nearby Malmstrom Air Force Base.

 

Texas to Jeffs: Come on Down

Wednesday, 21 July 2010 15:14

A hearing is scheduled for Tuesday, July 27, 2010, before Utah District Judge Terry L. Christiansen at which time FLDS prophet Warren Steed Jeffs will be given the opportunity to formally waive extradition to Texas.

Jeffs refused last month to sign extradition documents presented to him in Utah State Prison by Texas authorities. If he declines again on Tuesday, formal extradition proceedings will begin, a court spokesperson told The Eldorado Success.

Jeffs, 55, was indicted in 2008 by a Schleicher County grand jury on a charge of Aggravated Sexual Assault of a Child and a separate charge of Sexual Assault of a Child, both first degree felonies. If convicted on the charges, Jeffs could spend the rest of his life in prison.

 

Utah high court overturns Jeffs conviction

Wednesday, 28 July 2010 15:37

Saying that trial Judge James Shumate erred in his jury instructions, the Utah Supreme Court on Tuesday overturned Warren Steed Jeffs’ 2007 conviction on two counts of Rape as an Accomplice and ordered the case to be remanded to the District Court for retrial.

Three of the court’s four justices concurred with the decision. It was noted that the remaining justice was present for oral arguments but retired from the bench before the court rendered its decision.

The three justices ruled that Judge Shumate should have instructed the jury that they could not convict Jeffs unless they unanimously found that he intended for a rape to occur when he performed a marriage between Elissa Wall, then a 14-year-old  girl, and Allen Steed, her 19-year-old cousin.

Defense attorney Walter Bugden argued specifically for that very instruction during the 2007 trial but was overruled by Judge Shumate.

 

Utah governor signs Jeffs extradition

Wednesday, 11 August 2010 16:32

Utah Governor Gary Herbert signed an extradition warrant for FLDS prophet Warren Jeffs early Tuesday evening, effectively paving the way for Jeffs to be brought to Texas where he faces charges of Sexual Assault of a Child, Aggravated Sexual Assault of a Child and Bigamy.

Jeffs attorneys have promised to fight his extradition to the Lone Star State. That prospect became more difficult last month when the Utah Supreme Court overturned Jeffs 2007 conviction on two counts of Rape as an Accomplice. The high court ruled that trial judge James Shumate erred when instructing the jury prior to their deliberations, thereby preventing Jeffs from receiving a fair trial.

Now, with no more charges pending against Jeffs in Utah, his hopes of avoiding trial in Texas seem to hinge on his attorneys being able to prove that he is not the same Warren Steed Jeffs indicted by a Schleicher County grand jury in 2008.

Perry’s extradition request, complete with Jeffs’ photo, finger prints and an affidavit from Attorney General’s Office Investigator Wes Hensley, argue that Jeffs is indeed the man that Texas is seeking. Hensley’s affidavit states that he believes Jeffs to be the man wanted in Texas. Hensley refers to Jeffs finger prints, a photo included with the extradition request, as well as the three grand jury indictments against Jeffs.

 


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