Days before law enforcement approached a judge asking for a warrant, officers began amassing enough firepower and equipment outside a polygamist sect’s ranch to raid an entire village — a sign that law enforcement always intended to broaden its search beyond a single abused girl, defense attorneys said Thursday.

The attorneys for 10 men from the Fundamentalist Church of Jesus Christ of Latter Day Saints want a judge to throw out evidence from a pair of warrants issued after several fake phone calls to a domestic abuse hot line, saying the officers used the hoax calls as a pretext to rummage through the entire 1,700-acre Yearning For Zion Ranch.

State prosecutors deny that, saying officers legitimately believed at the time that a 16-year-old pregnant girl was in danger.

When the officers requested the warrant in April 2008, "there is a genuine belief by law enforcement that there is a victim of child and sexual abuse," said Assistant Attorney General Eric Nichols, who is leading the state’s case.

Defense attorney Gerald Goldstein acknowledged that he had no direct evidence showing Texas Ranger Brooks Long, who requested the warrant, or other law enforcement knew the calls were a hoax, but he contends there were details that should have raised suspicions and should have at least been shared with Texas District Judge Barbara Walther before she issued the warrant.

Goldstein said the actions of law enforcement seem to belie their stated intent — to look for a girl and her abusive husband — because officers, buses, food, heavy equipment and a shutdown of the airspace over the ranch were being requested days before Walther was approached for a warrant.

"Why would you need buses to bring two people off the ranch?" Goldstein said.

Nichols said law enforcement routinely prepares in the event that a request warrant is issued.

Source/Full Story: Houston Chronicle

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