A trial is set to beginTuesday for a second FLDS man charged with sexual assault of a child -- one month after a West Texas jury sent another polygamist sect member to prison for 10 years on the same charge.
The first challenge for attorneys: Finding 14 people to hear the case against Allan E. Keate, 57, who is alleged to have sexually assaulted a 16-year-old girl who was a plural wife in 2006 at the sect's Yearning For Zion Ranch, located about three miles from the courthouse in Eldorado, Texas. The ranch is home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints.
Prosecutors think odds of seating a second jury are unlikely. Last month, they asked 51st District Judge Barbara Walther to move Keate's trial to San Angelo, saying Schleicher County residents had been too tainted by exposure to and media coverage of Raymond Merril Jessop's 12-day trial, which ran from Oct. 26 to Nov. 10.
Walther rejected that request.
In a Monday hearing, she denied a defense motion to quash the indictments of Keate and the other FLDS men.
As it did with Jessop's trial, the county sent out 300 jury summons, drawing prospective jurors from drivers license and voter registration records. Mary Ann Gonzalez, a county clerk, said the list has already dropped to less than half that number due to qualified exemptions, such as age or military service.
The court has summoned a pool of Tom Green County residents in case Keate's trial has to be moved.
In the first case, prosecutors proved to jurors that Jessop, 38, impregnated a 16-year-old girl who was his spiritual wife at the ranch in 2004. They asked for a 20-year prison term but the jury gave Jessop half that time.
Keate, who has asked that the jury decide his penalty if convicted, faces a potentially stiffer sentence -- five years to 99 years or life. That's because the Texas Legislature changed the law in 2005, a year before Keate's offense is alleged to have taken place.
Keate, who is being represented by attorney Randy Wilson of Abilene, also has asked that he be considered for probation if convicted.
The Texas Office of the Attorney General, which is prosecuting the case, alleges Keate was 52 when he spiritually married his victim, then 15, in May 2005. She was the fifth of his six wives, and one of two teenagers -- the other was 17 -- married to Keate on the same day at the YFZ Ranch, according to state filings.
The girl gave birth to Keate's child in December 2006, the state alleges. Prosecutors say in court documents that Keate has at least 25 children.
As they did in Jessop's trial, prosecutors are expected to use family photographs, personal and marriage records taken from the ranch during an April 2008 investigation to make their case against Keate.
The state will rely on many witnesses it used in Jessop's case, such as Texas rangers who participated in the ranch investigation and genetic analysts who processed DNA samples from Keate, the alleged victim and her child. Also on the state's list areYFZ Ranch bishop Frederick Merril Jessop and several of Keate's wives and daughters, whom the state alleges he allowed to be married when they were minors.
Prosecutors also have listed former FLDS members Rebecca Musser and Carolyn Jessop on the witness list. Also set to testify: Salt Lake psychologist Larry Beall, who told jurors during Jessop's trial he has counseled five women and 15 men who previously belonged to the sect.
Keate's attorney has asked the judge to allow jurors to travel to the ranch to see for themselves where the alleged crime occurred "to further the ends of justice and to permit a fair presentation of the relevant evidence."
In Jessop's trial prosecutors showed jurors photographs of a building and medical clinic that FLDS spokesman Willie Jessop said did not exist in 2004, when his offense occurred.
In the first trial, defense attorneys did not call any witnesses until the punishment phase, when they used testimony of four county residents to portray Jessop as a good father and trustworthy person who would benefit from probation.
Wilson, however, has listed a number of expert witnesses he may call on Keate's behalf. They include Jarvis Wright, a San Angelo psychologist who has provided evaluations in a number of high-profile cases; Stuart A. Wright, director of research and sponsored programs at Lamar University, and sociologist who has written about new religious movements and why people leave them; and religious scholar W. John Walsh of Missouri City, Texas, who has studied FLDS practices and beliefs.
In all, 12 FLDS men were indicted by a Schleicher County Grand Jury in 2008. Allen E. Keate is the second to stand trial on a charge of sexual assault of a child. Raymond Jessop was convicted last month of that offense.
Seven other FLDS men also face the same charge, including sect leader Warren S. Jeffs. One man faces bigamy charges; another is charged with conducting an illegal marriage. A 12th man was charged with failure to report child abuse, a misdemeanor.

