Professional Documents
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No. S-097767
Vancouver Registry
AFFIDAVIT
Craig lODes
Barrister and SoBcitor
Affidavit # 1 of Eric Nichols
Sworn July : l, 2010
No. S-097767
Vancouver Registry
AFFIDAVIT
I, Eric Nichols, of the Office of the Attorney General for the State of Texas, in the City of
Austin, Travis County, in the State of Texas, United States of America, MAKE OATH
AND SAY THAT:
I. I am the Deputy Attorney General for Criminal Justice with the Texas Office of the
Attorney General and as such, have personal knowledge of the matters hereinafter
deposed to, save and except where stated to be based upon information and belief, and
where so stated, I verily believe the same to be true.
2. I have been the lead prosecutor for the State of Texas in cases arising from criminal
conduct that occurred on the Yearning for Zion Ranch on various felony charges
including sexual assault ofa child and bigamy. The State of Texas has also pursued a
case for the offense of failure to report child abuse. Attached and marked as Exhibit
"A" to my affidavit are copies of the grand jury indictments issued in Schleicher
County, in the State of Texas, United States of America, in respect of these
prosecutions. The Indictments are as follows:
h. Indictment No. 997, Warren Jeffs, charge of Bigamy, Texas Penal Code
Sec. 25.01;
k. Indictment No. 1000, Lehi Barlow Jeffs NKJA Lehi Barlow Allred
("Lehi Jeffs"), charge of Sexual Assault of a Child, Texas Penal Code
Sec. 22.011(a)(2), 22.011(f);
1. Indictment No. 1001, Lehi Jeffs, charge of Bigamy, Texas Penal Code
Sec. 25 .01;
n. Indictment No. 1003, Abram Jeffs, charge of Bigamy, Texas Penal Code
Sec. 25.01;
v. Indictment No. 1019, Leroy Steed, charge of Sexual Assault ofa Child,
Texas Penal Code Sec. 22.01 I (a)(2), 22.01 I(t); and
3. Some of the evidence put before the juries that heard trials resulting from the
Indictments was obtained during the execution of two search warrants at the YFZ
Ranch, a 1691-acre ranch and improvements located near Eldorado, in Schleicher
County, in the State of Texas, United States of America. Attached as Exhibit "B" to
my affidavit are copies of Search and Arrest Warrants Nos. M-08-001-S, issued on
April 3, 2008 and M-08-002-S, issued on April 6,2008 (collectively, the "Warrants").
4. Between May 13,2009 and May 16,2009, the 5 151 Judicial District Court of
Schleicher County, Texas, conducted a hearing with respect to the legality of the
Warrants. The Court dealt with a number of motions to suppress the evidence
obtained during the execution of the Warrants. The applicants sought to quash the
search warrants and have the evidence excluded on the basis of a number of grounds
including constitutional grounds of improper search and seizure. These motions were
consolidated and heard before the Court. The Court held that the motions to suppress
should be denied. Attached as Exhibit "C" to my affidavit is a copy of the "Findings
of Fact and Conclusions of Law" issued by the Court in respect of Cause No. 991.
These Findings of Fact and Conclusions of Law are largely identical to those issued
by the Court in respect of Cause Nos. 992, 993, 994, 995, 998, 999,1000,1001,1002,
1003,1004,1013,1014,1015,1016,1018,1019 and 1020.
5. Following the issuance ofthe Indictments, two people have pled nolo contendere to
and been found guilty of the charges against them: Michael Emack and Lehi Jeffs.
The legal effect of a plea of nolo contendere, as set out in the Texas Code of Criminal
Procedure, Article 27.02(5), "is the same as that of a plea of guilty, except that such
plea may not be used against the defendant as an admission in any civil suit based
upon or growing out of the act upon which the criminal prosecution is based". Four
people have been convicted by juries ofthe charges against them: Raymond Jessop,
Allan Keate, Leroy Jessop and Abram Jeffs.
Michael Emack
6. On January 22, 2010, Michael Emack pled nolo contendere to and was found guilty of
the charge of Sexual Assault ofa Child, Texas Penal Code Sec. 22.01 1(a)(2), as set
out in Indictment No. 993. As Michael Emack pled nolo contendere there was jury
trial. There was, however, a hearing before the Court in which the Court took
evidence. At this hearing, the State entered as State Exhibit 1 documents the State
would have proffered to a jury had there been a trial on guilt or innocence. Attached
as Exhibit "D" to my affidavit is a copy of State's Exhibit 1 filed at the hearing.
7. The documents attached to this affidavit as Exhibit D contain records kept by the
Fundamentalist Church of Jesus Christ of Latter-Day Saints (the "FLDS Church") at
the YFZ Ranch. The documents included in Exhibit 1 are true copies of the original
documents obtained from the YFZ Ranch, except where they have been redacted due
to the Court's requirement that the Exhibits include only that information relevant to
the prosecution. These records include "Personal Records", "One Family Group
Records", "Family Group Sheets", "Marriage Records", "Dictation" Records of
President Warren Jeffs, letters written to Warren Jeffs, and "Father's Family
Information Sheets". The Personal Records document such things as parentage,
gender, ordinances, special appointments, marriage and important events as serving
missions, and priesthood appointments. The documents at Exhibit D confirm
Michael Emack was born December 13, 1950 and entered into a "celestial marriage"
with Ruleen Johnson Jessop Emack on August 5, 2004. Ruleen was born on
December 6,1987 and was 16 when she married Michael Emack ,who was at that
time 45. Ruleen was Michael Emack's fourth wife. Ruleen and Michael Emack's
first child was born July 29,2005. My office prepared a family tree for Michael
Emack which included photographs and information available at the time on his
wives and children. This family tree is part of Exhibit D.
8. Michael Emack was sentenced to 7 years for the charge of sexual assault on a child.
Attached as Exhibit "E" to my affidavit is a copy of the Judgment of Conviction by
Court - Waiver of Jury Trial in Case No. 993.
9. Michael Emack also pled nolo contendere to and was found guilty of the charge of
Bigamy, Texas Penal Code Sec. 2S.01, as set out in Indictment No. 998. Attached as
Exhibit "F" to my affidavit is a copy of State's Exhibit 1 filed in this hearing.
Michael Emack received a sentence of7 years to be served concurrently with his 7-
year sentence on the assault charge. Attached as Exhibit "G" to this affidavit is a
copy of the Judgment of Conviction by Court - Waiver of Jury Trial in Case No 998.
Lehi Jeffs
10. On April IS, 2010, Lehi Jeffs pled nolo contendere to and was found guilty of the
charges of Sexual Assault ofa child, Texas Penal Code Sec. 22.01 1(a)(2), 22.01J(f),
and Bigamy, Texas Penal Code Sec. 2S.01, as set out in Indictments No. 1000 and
1001. In this punishment hearing the State entered the State' s Exhibit 1. The
documents in State Exhibit 1 confirm that Lehi Jeffs was born on March 6, 1979 and
"married" Rachel Keate in a celestial marriage on October 3, 200S, when Rachel was
IS years old. Rachel Keate was born on July 2S, 1990. Rachel Keate gave birth to
Lehi Jeffs's child on June 11,2007. DNA evidence confirmed that Lehi Jeffs was
the father. Attached as Exhibit "H" to this affidavit is a copy of State's Exhibit 1
filed at the hearing ("Lehi Jeffs Exhibit 1").
11. The documents included in Lehi Jeffs Exhibit 1 are true copies of the original
documents obtained from the YFZ Ranch, except where they have been redacted due
to the Court's requirement that exhibits include only that information relevant to the
prosecution. Lehi Jeffs Exhibit 1 includes:
a. Personal Record of Lehi Jeffs, with the back of the Personal Record
being a Marriage Record and a record of "Important Events";
d. Marriage Record ofLehi Jeffs and Carol Darger, dated December 28,
2003;
f. Marriage Record of Lehi Jeffs and Rachel Keate, dated October 3,2005 ;
1. Marriage Record of Lehi Jeffs and Barbara Darger, dated July 13, 2001;
J. "One Family Group Record" of Lehi Jeffs and Barbara Darger Allred;
12. These documents, including the Record of President Warren Jeffs dated April 30,
2004 at pages 571-72 indicate that Warren Jeffs reassigned the wives of Tom Barlow,
Don Holm, and David Jeffs to other men. Lehi Jeffs's mother, Susanna Barlow, was
one of these women.
13 . Lehi Jeffs was sentenced to 8 years for the sexual assault of a child and 8 years for
bigamy to be served concurrently. Attached respectively as Exhibits "I" and "J" to
this affidavit are true copies of the Judgments of Conviction by Court - Waiver of
Jury Trial in Case Nos. 1000 and 1001: Lehi Jeffs.
Raymond Jessop
14. In November 2009, a trial was held in Case No. 991, on the charge of Sexual Assault
of a child, Texas Penal Code Sec. 22.011 (a)(2) (the "Raymond Jessop Trial"). The
State had a number of people testify and entered a number of exhibits at the Raymond
Jessop Trial. Attached as Exhibit "K" to this affidavit are a copy of the State's
Exhibit List and images of some of the State's Exhibits introduced into evidence at
the trial, which are marked (I have hand-written the exhibit numbers on those not
otherwise marked). Exhibits 55 through 67B are photographs taken at the temple
located at the YFZ Ranch, and of some of the evidence found there. Exhibits in the
103 and 104 series are photographs taken of and within a building located at the YFZ
Ranch identified as the birthing center.
15. Attached as Exhibit "L" to this affidavit is a CD containing a copy of the transcript
of the testimony of Rebecca Musser during the Raymond Jessop Trial.
16. Attached as Exhibit "M" to this affidavit is a CD containing a copy of the transcript
of Carolyn Jessop during the Raymond Jessop Trial.
17. The evidence established that Raymond Jessop was born September 1, 1971. He was
"married" to Janet Jeffs in a celestial marriage on August 12,2004. Janet Jeffs was
born September 16,1988, and was 15 at the time of the "marriage". DNA evidence
was used to confirm that Raymond Jessop was the father of a child born to Janet Jeffs
in August 2005 .
18. A jury found Raymond Jessop guilty as charged and subsequently sentenced him to
10 years in prison. Attached as Exhibit "N" to this affidavit are copies of the
Judgment of Conviction by Jury in Raymond Jessop Trial, and two "Charges of the
Court" to the Jury.
Allan Keate
19. In December, 2009, a trial was held in Case No. 992, Allan Keate, on the charge of
Sexual Assault of a Child (the "Allan Keate Trial"). Attached as Exhibit "0" to this
affidavit are a copy of the State's Exhibit List and images of some of the State's
Exhibits introduced into evidence at the trial, which are marked (I have hand-written
the exhibit numbers on those not otherwise marked).
20. The evidence established that Allan Keate was born May 12, 1952. He was married
to Merilyn Barlow in a celestial marriage on May 5, 2005. Merilyn Barlow was born
January 7,1990 and was 15 at the time of the marriage. DNA evidence was used to
confirm that Allan Keate was the father of a child born to Merilyn Barlow in
December 2006.
21. A jury found Allan Keate guilty as charged and subsequently sentenced him to 33
years in prison. Attached as Exhibit "P" to this affidavit are copies of the Judgment
of Conviction by Jury in respect of the Allan Keate trial, the Charge ofthe Court and
the verdicts of the jury.
Leroy Jessop
22. In March, 2010, a trial was in Case No. 992, Leroy Jessop, on the charge of Sexual
Assault of a Child (the "Leroy Jessop Trial"). Attached as Exhibit "Q" to this
affidavit are a copy of the State's Exhibit List and images of some of the State's
Exhibits introduced into evidence at the trial, which are marked (I have hand-written
the exhibit numbers on those not otherwise marked).
23. Attached as Exhibit "R" to this affidavit is a CD containing a copy of the transcript
of the testimony of Rebecca Musser during the Leroy Jessop Trial.
24. The evidence established that Leroy Jessop was born November 28, 1974. He was
"married" to LeAnn Jeffs also known as LeAnn Nielsen ("LeAnn Jeffs"), in a
celestial marriage on July 27, 2006. LeAnn Jeffs was born March 24, 1991, and was
IS at the time of the "marriage". DNA evidence was used to confirm that Leroy
Jessop was the father of a child born to LeAnn Jeffs.
25. A jury of his peers found Leroy Jessop guilty as charged and subsequently sentenced
him to 75 years in prison. Attached as Exhibit "s" to this affidavit are copies of the
Judgment of Conviction by Jury in respect of the Leroy Jessop trial, dated March 19,
2010 and two verdicts of the Jury.
Abram Jeffs
26. In June, 2010, a trial was held in Case No. 1002, Abram Jeffs on the charge of Sexual
Assault of a Child (the "Abram Jeffs Trial"). Attached as Exhibit "T" to this affidavit
is a copy of the State's Exhibit List and images of some of the State's Exhibits
introduced into evidence at the trial, which are marked (my colleague has hand-
written the exhibit numbers on those not otherwise marked).
27. The evidence established that Abram Jeffs was born May 19, 1971. He was married
to Suzanne Johnson in a celestial marriage on October 5, 2005 . Suzanne Johnson was
born November 13, 1990 and was 14 at the time of the marriage. DNA evidence was
used to confirm that Abram Jeffs was the father of a child born to Suzanne Johnson.
28. A jury found Abram Jeffs guilty as charged and subsequently sentenced him to 17
years in prison. Attached as Exhibit "U" to this affidavit are copies of the Judgment
of Conviction by Jury in respect of the Abram Jeffs trial, dated June 23, 2010 and two
verdicts of the jury.
Outstanding Trials
29. The foIIowing trials are scheduled to proceed in the faII and winter of2010:
30. Warren Jeffs is currently serving time in Utah. He is charged in Texas with Sexual
Assault of a Child (Case No. 990), Bigamy (Case No. 997), and Aggravated Sexual
Assault of a Child (Case No. 1017). These matters are not yet scheduled for trial.
3 I . Trial dates have not been scheduled for the foIIowing matters:
c. Keith Dutson Jr., charged with Sexual Assault of a Child (Case No.
1004); and
d. Leroy Steed, charged with Bigamy (Case No. 1018), and Tampering with
Physical Evidence (Case No. 1020).
Title
Phone Number
I
,-.
ORIGINAL--
GRAND JURY INDICTMENT
Nu. _ _ Bond $
WARREN STEED·JEFFS
) hereinafter styled Defendant, 'on orabaut the 14'h day of January, 2005, and before the
presentment of this indictment. in the County and State aforesaid; did then and there,
intentionally or knowingly cause the penetration of the female sexual Organ of V. L. Keate,
a child who was then and there younger than 17 years of age and not legally married to the
Defendant, by the said Defendant's sexual organ;
And it is further presented in and to said Court that the said V. L. Keate was 8 person who
the Defendant was pfohibited from marrYing or pUlJ)orting to marrY or with whom the
Defendant was prohibited from living under the appearance of being married under Texas
Penal Code Sec. 25.0 1;
) EvaL. Ross
Barrister and SoIic:itor
L Ministry of Attorney General
1301 - 865 Hornby Street
_ _ __ _ _vanCOUIler...B.C.__ 2G3
(604) 660-3093
()
.Un/fJl/Y1I1.
,
THE STATE OF TEXAS VS. RAYMOND MERRIL JESSOP
Charge: SEXUAL ASSAULT
Texas Penal Code Sec. 22.011(a)(2) - I" Degree Felony
THE GRAND JURY, for the of Schleicher, State of Texas, duly selected,
impaneled, sworn, charged, and organized as such at the June term, 2008 of the 51" Judicial
District Court of said County upon their oaths preserit in and to said court at said term that:
And it is further presented in and 'to said Court that the said J. Jeffs was a person who the
Defendantwas prohibited frOIn marrying or purporting to marry or with whom the Pefendant
was prohibited from living under the appearance of being married under Texas Penal Code
Sec. 25.01;
, ,
Foreman of the Grand Jury
,
THE GRAND JURY. for the County of Schleicher, State of Texas, duly selected,
impaneled. sworn, charged. and organized such at.lhe .TIm", ten:n, 2008 of the 51" Judicial
District Cotnt of said County upon their oaths present in and to said cotnt at said term that:
And it is further presented in and to said Court that the said M. Barlow was's person who the
Defendant was prohibited from marrying or purporting to rnarry or with whom the Defendant
was prohibited from living under the appearance of being married under Texas Penal Code
Sec. 25.01;
the Grand Jory
)
,- . UHIIiINAL
)
GRAND JURY INDICTMENT
Nu. _Q. . . 9--.....e,3_ __ Bond $ /C!?@.cA:)
MICHAEL EMACK
.) hereinafter styled Defendant. on or about the 6'" day of October, 2004. and before the
,. " presentment of this indictment. in the County and'State aforesaid. did then and thel'C.
intentionally or knowingly cause the penetration of the female sexual organ 'ofR. Jessop, a
child who was then and there than 17 years of age and not legally married to the
Defendant. by the said Defendant's sexual organ;
And it is further presented in and to said Court that the said R. Jessop w8s a person who the
Defendant was prohibited from manying or purporting to marry orwith whom the Defendant
was prohibited from living under the appeanmce of being married under Texas Penal Code
Sec. 25.01;
L/7Tl--V "UO- M
)
·"yOH/allVlIL
)
GRAND JURy INDICTMENT
No. _9J..,;9.L..4'---__ Bond $1&9CD",tlt/ W
THE STATE OF TEXAS VS. M.ERRIL L.EROY JESSOP
Charge: Bigamy
(Texas Penal Code Sec. 25.01) · ·l st Degree Felony
Court: 51't Judicial District
) hereinafteutyled Defendant, beginning on orabaut the day ofJuly, 2006. and continuing
thereafter. and before the of this indictment, in the County and.State afOfeRaid:
did then and there. while being legally married to Jennetta' Barlow. intentionally or knowingly
purport to maIry L. Jeffs, a person other than his spouse, said pwported marriage occurring
in the State of Texas under circumstances that would, but for the defendant's prior marriage,
constitute a maxrlage, and the said L. Jeffs, Was then and there younger than 16 years of age,
and
the Defendant did then and there, while being legally married to Jennetta Barlow,
intentionally knowingly live with L. Jeffs, a person other than his spouse, in the State of
Texas under the appearance of being maJTied,
Foremanfthe
Grand
Jury
)
.. '
OH/(i/NJIL
) GRAND JURy INDICTMENT
No. _q.:::.L..I9"""5'--__ :Bond $/a?ao ._13____
) hereinafter styled Defendant, on or about the 2(Yh day of August. 2006, and before the
presentment of this indictment in the County and State aforesaid, did then and there.
intentionally or knowingly cause the penetration of the female sexual ot'gl\ll of L. Jeffs
Jessop, a child who was then and there younger than 17 years of age and /lOt legally married
to the Defendant, by the said Defendant'S sexual organ;
And it is furtherpresented in and to said Court that the said L. Jeffs was a person who the
Defendant was prohibited from marrying or purporting to marry or with whom theDefendant
was prohibited from living under the appearance ofbeiDg married underTexas Penal Code
Sec. 25.01; .
)
GRAND JURY INDICTMENT
No. _
__ Bond $ .s; lJX) ,.,-e
THE STATE OF TEXAS VS. LLOYD HAMMOND BARLOW
Countl
And the Grand Jurors aforesaid upon their oaths do further present in and to said Court that on or
about the 30th day of December, 2006. and before the presentment of this indictment, in the
County and State aforesaid. Lloyd Hammoo Barlow did then and there, as a professional,
, to wit: a medical practitioner. having delivered a baby from M. Barlow, a child, had cause
to believe that M. Barlow had been abused or neglected or may be abused or neglected. or
that the child was a victim of the offense of Indecency with a Child. and said Defendant,
8
. j
haVing cause to believe that the child had been abused as defined by Texas Family Code
Section 261.001. did fail to make a report not later than the 48th hour after he fiist
suspected that the child had been or may have been abused or neglected or was a·victim
of the offense of Indecency with a Child.
CountnI
And the Grand JuroJ:S aforesaid upon their oaths do further present in and to said Court
that on or about the 20'" day of May, 2007 and before the presentment of this indictment,
in the County and State aforesaid, Lloyd Hammon BarI.ow did then and there. as a
professional, to wit: a medical practitioner, baving delivered a baby from L. .T a
child, had cause to believe that L. Jeffs had been abused or neglected or may be abused
or neglected, or that the child was victim of the offense of Indecency with a Child, and .
said Defendant, having cause to believe that the child had been abused as defined by
Texas Family Code Section 261.001, did fail to make a report not later than the 48 th hour
after he first suspected that the child had been or may have been abused or neglected or
was a victim of the offense ofIndecency with a Child,
TIlE GRAND JURY, for the County ofSchleicher,'State of Texas, duly selected,
impaneled, sworn, charged, and organized lIS such Ilt the June tenn, 2008 of the S 1" Judiciol
District Court of said County upon their ollths present in and to said court at said term that:
did then ond thor,,; whil" being [egolly morried to Annette Barlow, intentionally or knowingly
purport to marry M. Jessop, a person other than his spouse, said purported marriage occurring
in the Stote ofTexes und"r circumstanoes that would, but for thc dofondanf 3 prior marriage,
constitute a marriage. and the said M. JESSOP was then and there younger than 16 years of
age,
Z \\& 9.& J
"'oreman lithe Grand Jury
F1LE::JiI'Y WILLIAMS.
2Q 08 FORCLERK
RECORD
- - - - -,---
10
did then and there, whUe being legally married to SARAH HAMMON, Intentionally or
knowingly live with R. JESSOP, a person other than his spouse, in the State of Texas under
the appearance of being married,
Foreman of the Grand Jury
)
II
TIm ORAND JURY, for the County ofSchleicher"State of Texas, duly selected,
impaneled, $WOrn, charged, and otgllnizcd !IS suoh lit the June tenn, 2008 of the 51" Judicial
District Court of said County upon their oaths,present in and to said court at said term that:,
did then and there, while being lc;;gIlIlY,II1I1fl'ied to Mary J.. MU$scr, intentionl!.lIy or knowingly
purport ,to marry T. Jeffs, a person other than his spouse, said purported marriage occurring
In the State of Texas undc;;r ",irculllslallces that would, buffor the dcfcndont's prior mru:riage.
constitute a marriage, and the sajd T. Jeffs was then and thereyouogcr than 16 years cfage,
he Grand Jury
. RECORD
W1U.II\MS, CLBRK
'
)
/2
. . . .
LEHI BARLOW ALLRED
Charge: SEXUAL ASSAULT
(Texas Penal Code Sec. 22.0 11 (a)(2), 22.011(f»