Jeffs trial is delayed due to slew of motions

By Ben Winslow Deseret Morning News

Warren Jeffs ST. GEORGE — The trial of Fundamentalist LDS Church leader Warren Jeffs was postponed Monday after a slew of legal motions were filed, challenging the criminal case against him. "The court has spoken with counsel and, due to recent information in this case, it is hereby ordered that the trial date now set is hereby continued," Judge James Shumate wrote in the order filed late Monday in 5th District Court. Jeffs, 51, was scheduled to go on trial April 23 on charges of rape as an accomplice, a first-degree felony. He is accused of performing a marriage between a 14-year-old girl and her 19-year-old cousin. The girl, identified in court as "Jane Doe IV," testified that Jeffs threatened her with damnation when she objected to the union. A new trial date has not been set. Jeffs' defense attorneys have filed a series of legal motions, challenging Washington County prosecutors' case against the FLDS leader. One asks the judge to declare Utah's rape-as-an-accomplice law "unconstitutionally vague." Another seeks to quash the order binding Jeffs over for trial. A third cites a survey by Deseret Morning News pollster Dan Jones claiming Jeffs cannot get a fair trial in southern Utah. It asks for the trial to be moved to Salt Lake County. A hearing on those issues has been set for next week. Most recently, the defense filed a motion claiming evidence seized when Jeffs was arrested should be suppressed from the criminal case because the traffic stop itself was illegal. In August 2006, a Nevada Highway Patrol trooper stopped a Cadillac Escalade for a temporary tag that wasn't visible. That led to the discovery and arrest of Jeffs, who was in the back seat. At the time, Jeffs was on the FBI's Ten Most Wanted list. "The traffic stop in the instant case ran afoul of the Fourth Amendment because no reasonable suspicion of a traffic violation can be articulated," defense attorney Walter Bugden Jr. wrote in a motion obtained by the Deseret Morning News last week. "A valid temporary registration permit was prominently displayed on the rear of the vehicle. As such, the detention of the defendant was illegal." In his order Monday, the judge scheduled arguments on the motion to suppress on April 23 — the day the trial was supposed to begin. The judge's decision came on the same day that Utah law enforcement put more scrutiny on police in the FLDS enclaves of Hildale, Utah and Colorado City, Ariz. The Utah Peace Officer Standards and Training Council met at Dixie State College to consider taking the badges of the Hildale/Colorado City Town Marshal's Office. Those officers, who are all believed to be FLDS members, are facing questions over their loyalties to Jeffs. At the center of Utah's investigation is a letter written by Town Marshal Fred Barlow to Jeffs while he was still a fugitive. "I love you and acknowledge you as my priesthood head," Barlow wrote in the letter. He goes on to pledge his allegiance to Jeffs and seek guidance from the fugitive polygamist leader. "It is considered to be a critical document in determining the level of allegiance to a religious leader vs. a sworn duty to protect and defend the Constitution of the United States and the constitutions of Utah and Arizona," Utah POST Director Rich Townsend told the council. The POST Council considered decertifying the entire police force and having the Washington County sheriff provide law enforcement for the polygamous border towns. Sheriff Kirk Smith was reticent. "I am hesitant to usurp their right to self-police without an invitation from them or without being directed to do so by a court of law," he said. The officers have hired a law firm to represent them. In a letter to the Utah POST Council, the attorneys refuted many of the allegations that have been lobbed against the Hildale cops. The officers' attorney, Wayne Caldwell, said the marshals have vowed to uphold the law, while acknowledging their religious affiliations sometimes conflict with that. "Would it be tough duty for them to do? Would they be excited to do? No," he told the Deseret Morning News. "It certainly wouldn't be to go and arrest their prophet, just like any LDS person would not want to run out and arrest Gordon B. Hinckley." The FLDS Church, with its estimated 10,000 members, is a breakaway sect from The Church of Jesus Christ of Latter-day Saints. After an argument about sending a warning letter, the POST Council voted to continue to keep the Hildale Town Marshal's Office under investigation. Arizona POST officials are conducting investigations into some of the officers, who are cross-deputized. Some were critical of the POST Council's decision. "If that's not significant motivation to warrant desertification, I don't know what is," said attorney Greg Hoole, who represents ex-FLDS members, including the star witness in Jeffs' criminal case. Smith said that since Jeffs has been jailed, he has noticed more cooperation with Hildale police. They have even invited his deputies to help them respond to incidents in the area. Still, Smith acknowledged that Jeffs remains in charge — even behind bars. "He makes his phone calls and we monitor them," Smith said. "These are people that believe, be it right or wrong, that this man's a prophet." E-mail: bwinslow@desnews.com

deseretnews.com Originally published Tuesday, March 20, 2007

Back

For more information email: