KINGMAN, Ariz. (AP) — A judge says he'll hold a hearing on a defense request to prevent evidence seized in the raid of a polygamous sect in Texas in polygamist leader Warren Jeffs' trial in Arizona.
Prosecutor Matt Smith contends the hearing is unnecessary because he has agreed not to use the evidence from the April 2008 raid on the Fundamentalist Church of Jesus Christ of Latter Day Saints compound in Eldorado, Texas.
Jeffs' attorney Mike Piccarreta wants Smith to prove the evidence has not and will not be used directly or indirectly in the Arizona case.
Mohave County Superior Court Judge Steven Conn on Monday said the Feb. 17 hearing won't be vacated unless both parties agree.
Jeffs is awaiting trial in Arizona on four counts of being an accomplice to sexual conduct with a minor, charges that were filed in 2007.