Defense Says Polygamy Is Not The Issue
 
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Tri-State News Network
 
KINGMAN, AZ - In another pretrial motion in the Barlow case, Griffen asks Mohave County Superior Court Judge James Chavez to strike down Arizona's Constitutional ban on polygamy. Griffen argues Judge Chavez should consider the history of attempts to regulate or restrict bigamy and polygamy.

"Arizona's anti-polygamy clause is the archaic result of the attempts by the federal government in the late 1800's to destroy the Mormon church," Griffen wrote. "It is a tale of legal persecution, majoritarian high-handedness and intolerance cloaked in the disguise of morality."

Mohave County Attorney Matt Smith contends court review and consideration of the church and laws addressing bigamy and polygamy is unnecessary.

"The fact that the Defendant is apparently someone who practices or believes in polygamy has no relevance in this case," Smith wrote in his response to Griffen's motions. "The problem with the Defendant's conduct in this case is not that he is practicing polygamy, but that he is having sexual relations with a child."

Furthermore, Smith said the case against Barlow is different than the case against other Colorado City men whom he said had sexual relations with underage brides assigned to them in celestial marriage by FLDS prophet Warren Jeffs. Smith said Barlow is charged with two counts of sexual assault for essentially raping a then-16 year-old wife assigned to him in 2002.

Smith noted "victims" in the cases against other Colorado City men may have consented, but that the alleged sexual activity is nonetheless illegal.

Smith expects Griffen will file similar religious defense motions in the other cases.

Griffen was unavailable for comment or clarification on that assessment. Griffen has also not responded to the question of whether he'll represent Jeffs, who remains a fugitive from Smith's indictment for orchestrating the celestial marriages in which underage wives have allegedly been sexually offended under the eyes of the law.

Attorneys will supplement their arguments on Griffen's pretrial motions during a hearing tomorrow in Kingman.
 
Tri-State News Network
Originally published December 20, 2005
 
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