Smith won't quit
 
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Tri-State News Network
 
KINGMAN, Ariz. - The defense attorney representing eight Colorado City polygamists charged with alleged sex an offense involving underage ceremonial wives has been successful in what is the first of several grand jury challenges. The basic argument is not that the crimes never occurred, but that the state cannot prove the alleged crimes occurred within its jurisdiction at the time they were supposedly committed.

Prosecution apparently did not demonstrate the men were actually in Mohave County when the alleged sex acts with underage girls occurred. Bruce Griffen is contesting grand jury proceedings that produced indictments against several of the defendants. Mohave County Superior Court Judge James Chavez has sided with Griffen in the state's case against Donald Bateman, 48. Judge Chavez has remanded the case back to the Grand Jury for a new determination of probable cause.

Judge Chavez ruled that the state's presentation of its case against Bateman was flawed. He said members of the panel were forced to make assumptions based on information presented during different dates that the grand jury was convened.

"In order to find probable cause as to the offenses charged against Bateman, the grand jury had to make assumptions tying him to the June 9 and May 26, 2005 testimony," Chavez ruled. He stopped short of dismissing the case, allowing prosecutors to have the charges authorized and reinstated in subsequent grand jury proceedings.

Mohave County Attorney, Matt Smith, told TSN Thursday that he wouldn't give up.

"Even the cases that haven't been filed in yet will be challenging the grand jury proceedings in each and every one of them," said Smith. "And if any of them get remanded, we'll probably try and take them back to the grand jury again."
 
Tri-State News Network
Originally published September 16, 2005
 
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