FLDS trial gets under way in Texas
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

In their opening statements to a Schleicher County jury, a prosecutor and defense attorney raised what is likely to be a pivotal issue in the criminal trial of FLDS member Raymond Merril Jessop: Where the alleged crime happened.

The state will call the first of nearly 60 witnesses Thursday morning as jurors begin to weigh evidence in the sexual assault of a child case.

Deputy Attorney General Eric Nichols prepped the jury -- comprised of seven men, five women and two women alternates -- for what is likely to be a case that relies heavily on documents and circumstantial evidence.

"You're going to see documents and other materials that will allow you to decide if Raymond Merrill Jessop is guilty," he said. "You will see evidence that establishes that this offense occurred just down the road from this courthouse at the YFZ Ranch."

Defense attorney Mark Stevens appealed to the jury's assurance earlier that a fair trial was possible in the county and said he hoped they would not be distracted by dozens of witnesses and "boxes and boxes of paper."

"Remember," he said, "evidence, proof, facts. That's what we try people on."

The prosecutor will not be able to prove by any type of evidence, beyond a reasonable doubt, that Jessop sexually assaulted a minor on a particular date or in Schleicher County, Stevens said, his voice rising.

The state alleges Jessop, 38, had sexual intercourse at the ranch in 2004 with a 16-year-old girl who was his spiritual wife. The crime is a second-degree felony, punishable by two to 20 years in prison and a $10,000 fine; probation also is an option.

Jessop was charged after authorities conducted an investigation last April at the Yearning For Zion Ranch, home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Before attorneys addressed the jury, Jessop stood as Nichols read the indictment issued last summer by a grand jury. Fifty-first District Judge Barbara Walther then asked Jessop to enter a plea.

Looking straight at the jury and speaking in a loud, firm voice, Jessop said, "Yes, your honor, not guilty."

It took attorneys 2½ days to seat the jury. They interviewed 85 people individually from a pool of 153 before selecting 14 to hear the case. The jury is predominately middle-aged and white; five are Latino.

Several weeks ago, the defense filed a motion challenging the composition of juries in Schleicher County, arguing that Latinos historically had been under-represented in its panels. About 30 percent of the county's 2,800 residents are Latino.

Seventeen FLDS members who live at the ranch were in the pool but none made it as jurors. Seven disclosed they were related to Jessop by blood and all were involved in the investigation at the ranch.

The attorneys began their opening remarks just after 5 p.m., each speaking for about 15 minutes.

Nichols used a poster outlining what constitutes sexual assault of a child as a prop. He told jurors the Texas Penal Code provides a "roadmap" for the evidence they will hear in coming days.

The "time for general questions, the time for general thought is over," Nichols said.

He said Jessop was 33 when he sexually assaulted the 16-year-old and that DNA evidence and documents will show she later had a child fathered by him.

Once the state lays out his evidence, Nichols said, it will come back to the jury and ask it to conclude the Jessop sexually assaulted a woman "less than half his age."

Stevens reminded jurors that people are not tried because of their clothes, hair styles or religious beliefs. The trial also is not about plural marriage, he said.

"The verdict form is not going to say one word about it -- let's go ahead and say it -- polygamy," Stevens said.

He asked the jurors to stay focused.

"I am confident that if we stick to the facts, evidence and proof, Raymond will be just fine," he said. "I am confident because you told me."

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