Attorneys are sparring about whether a jury should be allowed to consider if members of a polygamous sect accused of orchestrating a multimillion-dollar food stamp fraud scheme had a constitutional right to give the food to a communal storehouse as part of their religious beliefs.
Federal prosecutors want a judge to ban defense attorneys from making the argument because they say law clearly states food stamps can only be used by members of households approved for the benefits.
Attorneys for 11 people accused of fraud and money laundering counter in a new court filing Wednesday that the motivation of the donations and religious teachings of the group are intrinsically connected to the case.
U.S. District Judge Ted Stewart plans to hold a hearing on the issue at a later date.
The polygamous group lives in a community on the Utah-Arizona border.