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Religion & Law

: Religion Clause

Another Affidavit Released In FLDS Search; Federal Agents Apparently Also Involved

By Howard Friedman

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More information has come out on the much-publicized raid of the FLDS Compound in Eldorado, Texas. (See prior posting.) The full text of the affidavit of a Texas Ranger that was filed to request a search warrant for the Temple on the FLDS premises has been released. (See prior related posting.) The Affidavit, dated April 6, sought a subsequent search warrant after authorities learned about the Temple while conducting a search of the YFZ Ranch under an initial narrower warrant.

Still unclear is a report in today's International Herald Tribune indicating that federal officials are involved in the search as well. This was revealed when lawyers for FLDS had asked a state court judge to prevent the Temple search, arguing that "Members of the religious denomination occupying the community consider it a desecration of one of their holiest sites for a non-member to enter their temple." State District Court Judge Barbara Walther, however, said that she had no authority to stop a federal search of the property. FLDS lawyer Gerald Goldstein had said in court that he was aware that federal agents were searching the ranch. The Herald Tribune article also gives more details on the actual search of the Temple. FLDS leaders refused to unlock the Temple or provide keys to it because this would be aiding in the desecration of their place of worship. After several less drastic means failed, authorities broke down the Temple's doors.

UPDATE: The AP on Friday published a profile of Gerald Goldstein (bio from law firm website) who is acting as counsel for the FLDS. Goldstein is a respected criminal defense lawyer and a past president of the National Association of Criminal Defense Lawyers. For 11 years he served as an adjunct professor at the University of Texas Law School and has served on the board of directors of the San Antonio Bar Association, among many other professional accomplishments.

UPDATE: The Houston Chronicle on Friday reported that Schleicher County Sheriff David Doran had been receiving information about the YFZ Ranch from an informant for four years. However it was not until a call from a 16-year old last week to a domestic violence hotline that law enforcement authorities felt they had sufficient cause to take action and the possibility of a cooperating witness.

Full post as published by Religion Clause on April 11, 2008 (boomark / email).

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