| Deputy seeks protection from lawyers Doesn't want to release privileged FLDS data | |
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By Ben Winslow Deseret Morning News | |
Helaman Barlow doesn't want a protective order because he's abused or fears for his safety, but apparently he is afraid of lawyers and their nagging questions. The deputy in the Hildale/Colorado City Town Marshal's Office is asking a judge in Salt Lake City's 3rd District Court for a protective order that would limit the kinds of questions lawyers can ask him about the Fundamentalist LDS Church, its leader Warren Jeffs and the $110 million United Effort Plan Trust. "In his deposition, Deputy Barlow was repeatedly asked questions about members of his church, about his belief in his church, about the organization of the church and about its leadership," Barlow's lawyer Barbara Townsend wrote in her motion for a protective order filed Sept. 21. "Not only are these inquiries far afield from the subject matter of this case, they seek privileged information." Barlow claims he doesn't have to answer many of the questions because of his First Amendment right to freedom of religion. Lawyers for the court-appointed special fiduciary of the UEP have been pursuing Barlow, grilling him in depositions about Jeffs and trust property that has vanished in the polygamous border towns of Hildale, Utah and Colorado City, Ariz. The police are accused of refusing to cooperate with the courts and doing nothing to stop UEP property from disappearing. "Officer Barlow attempts to portray himself as an intimidated witness facing overbearing legal counsel," attorney Zachary Shields wrote in court papers filed Wednesday. "Rather, Officer Barlow was a defiant witness who repeatedly gave evasive answers, who utterly refused to provide testimony as to a number of relevant areas of inquiry." Shields asked the judge to deny Barlow's request for a protective order. It is anticipated that the judge will hold a hearing on the request. At a court hearing on the UEP Trust earlier this week, lawyers for court-appointed special fiduciary Bruce Wisan said they have had repeated trouble getting many police officers in Hildale and Colorado City to answer even basic questions. "They'd rather go to jail than cooperate with Bruce Wisan," attorney Jeffrey L. Shields said Tuesday. The police problems are tied up in the reformation of the UEP Trust, which was the financial arm of the FLDS Church until 2005. A judge then took it over, suspending Jeffs and other top FLDS leaders as trustees, amid allegations they were fleecing it from their followers. The UEPTrust controls homes, businesses and property in FLDS communities. Judge Denise Lindberg has indicated she is ready to sign a proposed plan that would reform the UEP and create private property ownership in the once-communal plan. Meanwhile, Jeffs is in jail facing criminal charges. The FLDS leader is charged in St. George's 5th District Court with first-degree felony rape as an accomplice. He is accused of forcing a teenage girl into a polygamous marriage with an older man. Jeffs, 50, faces up to life in prison if convicted. He is facing a preliminary hearing in the case on Nov. 21. E-mail: bwinslow@desnews.com | |
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deseretnews.com Originally published Saturday, October 14, 2006 | |
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