| Battle over evidence expands in Jeff case | |
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By Ben Winslow Deseret Morning News | |
LAS VEGAS — The hearing lasted about as long as it takes to lose $20 at the slot machines. But it was just enough time for a federal judge here to allow more lawyers to get involved in the fight over a trove of papers, ledgers, documents, cash and other items the FBI seized when it arrested Fundamentalist LDS Church leader Warren Jeffs. With no one voicing any opposition, U.S. District Court Judge Robert Jones allowed lawyers for the court-appointed special fiduciary of the United Effort Plan Trust and an ex-FLDS member trying to collect on a civil judgment against Jeffs to intervene in the upcoming evidence fight. The move allows the attorneys to try to get their hands on what the FBI found inside the red Cadillac Escalade that Jeffs was riding in when he was arrested during a traffic stop outside Las Vegas in August 2006. "We felt like we needed to be involved," said Jeffrey L. Shields, an attorney for Bruce Wisan, the UEP's court-appointed special fiduciary. The $110 million UEP Trust, the financial arm of the FLDS Church, was taken over by a judge in Salt Lake City's 3rd District Court in 2005. Just as the hearing ended, Jeffs' Las Vegas lawyer, Richard Wright strode in only to discover it was all over. Still, he did not object. "One is a judgment creditor, the other an interested party," Wright told the Deseret Morning News outside of court. "It doesn't mean they acquire anything." Shortly after Jeffs was arrested, Wright filed an emergency motion in federal court demanding the return of the evidence, claiming some of the documents constitute "sacred" and privileged communications between the FLDS leader and some of his followers. Lawyers pushing to see the evidence anticipate an uphill battle. "I expect Mr. Wright is going to vigorously represent his client in a zealous manner," said William Bryson, another lawyer for the UEP fiduciary. Among the $54,000 in cash, wigs, cell phones, computers and other evidence seized from the Escalade, FBI agents have told the Deseret Morning News they found ledgers that may detail who had been helping to keep Jeffs on the run. The FLDS leader was on the FBI's Ten Most Wanted list until his capture. The U.S. Attorney's Office in Utah, which is handling the case, declined to comment Monday on the outcome of the hearing. An FBI agent from Salt Lake City was in the audience to keep track of the developments. Shem Fischer, an ex-FLDS member who won a religious discrimination lawsuit against Jeffs, has been doggedly pursuing him through federal courts in several states trying to collect on a $338,000 judgment. "There's probably data that shows where assets are. We want to be able to see that," Fischer's attorney James Stewart said outside of court. So far, Stewart said Fischer has been able to collect approximately $132,000 — mostly from what authorities seized when they arrested Jeffs' brother Seth during a traffic stop in Pueblo, Colo., last year. Seth Jeffs later pleaded guilty in a Denver federal court to harboring a fugitive, admitting he was a courier taking money and documents to help keep his brother on the run. "There's some money we simply want to collect," Stewart said. Meanwhile, the Utah Attorney General's Office wants to see what the FBI seized and is considering wading into the evidence fight. "We are absolutely interested in taking a look at what's in the papers and the computer and whether it has any evidence of any crimes committed here in Utah," spokesman Paul Murphy said. Utah Attorney General Mark Shurtleff has acknowledged his office is conducting an organized crime investigation into Jeffs and the FLDS Church. Jeffs, 51, is scheduled to face trial in St. George's 5th District Court on two counts of rape as an accomplice, a first-degree felony. He is accused of forcing a 14-year-old girl into a marriage with her 19-year-old cousin. Jeffs remains in the Purgatory Jail without bail. Those aren't the FLDS leader's only criminal problems. Across the border in Mohave County, Ariz., Jeffs is facing numerous charges accusing him of arranging child bride marriages. Federal prosecutors in Utah and Arizona also have refused to drop a warrant against him for unlawful flight to avoid prosecution, threatening to seek grand jury indictments should he ever be granted bail. E-mail: bwinslow@desnews.com | |
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deseretnews.com Originally published Tuesday, January 9, 2007 | |
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