Group notes rising exodus of FLDS women
 Jeffs appeals to high court for venue change
 
By Ben Winslow
Deseret Morning News
 
ST. GEORGE — Perhaps as a result of polygamist leader Warren Jeffs being jailed and facing trial, an increased number of young women are emerging from the closed Fundamentalist LDS Church communities on the Utah-Arizona border, according to a group that helps such women.

"We've had more people coming out," said Elaine Tyler, director of the HOPE Organization, a Washington County-based volunteer group that helps people leaving the polygamist communities.

Some want out of an abusive situation. Others want a job, support and a place to live. Some are former child brides, Tyler said.

"A lot of young girls — 18, 19, 20," Tyler told the Deseret Morning News on Monday.

She estimates around 75 people have turned to her organization for help so far this year. Tyler said it may be a sign the Safety Net Committee is helping.

Bureaucrats, polygamists and activists make up the committee, which reaches out to provide resources for people seeking sanctuary from abusive situations in closed societies.

The Utah and Arizona attorneys general will host a town hall meeting here tonight to discuss polygamy and how to reach out to those suffering from abuse and neglect in the closed societies.

"It's public awareness to get people aware of the help that's available on the outside to those leaving the closed communities," Tyler said.

The town hall meeting starts at 7 p.m. at the Dixie Center.
The forum comes as the criminal case against Jeffs takes several new twists. His defense team is now asking the Utah Supreme Court to weigh in.

"An immediate interlocutory appeal should be granted on the change of venue to permit this Court to review the denial before an error is committed by trying this highly publicized case in an atmosphere tainted by bias and prejudice," defense attorney Walter Bugden Jr., wrote in a petition submitted to the state's highest court last week.

The petition attacks the judge's decision to bind Jeffs over for trial here on charges of rape as an accomplice, a first-degree felony. Jeffs, 51, is accused of performing a marriage between a 14-year-old girl, identified in court papers as "Jane Doe IV" and her 19-year-old cousin.

Washington County prosecutors said they will challenge the appeal.

"We are coordinating with the Utah Attorney General's Office and proceeding with a response to their appeal," deputy Washington County Attorney Brian Filter said Monday.

In the petition, Jeffs' defense counsel insists the Fundamentalist LDS Church leader cannot receive a fair trial here. Bugden said the judge recognized the FLDS leader commanded a "spotlight of media attention," but didn't give it any weight.

"The Defendant clearly stands out," he wrote. "He is the prominent, if not notorious leader of the FLDS church."

In another challenge, Bugden said 5th District Court Judge James Shumate made a mistake in saying "Jane Doe IV's" husband held a position of special trust over her by the nature of his "priesthood authority."

Defense attorneys also claim the state did not establish that Jeffs was on notice that the alleged child bride was having sex against her will.

"Jane Doe IV" said she went to Jeffs complaining about the arranged marriage, but said Jeffs told her to try to make the relationship work and abide by the tenets of her faith.

"Although the advice may have been bad, it is insufficient to establish probable cause that Mr. Jeffs was on notice that the victim did not consent to sexual intercourse," Bugden wrote.

Challenging Utah's rape as an accomplice law, defense lawyers said it is unconstitutionally vague. Prosecutors said that after marrying them, Jeffs encouraged the child bride and her husband to "go forth and replenish the earth and multiply." He also told "Jane Doe IV" to be obedient, submissive and "give herself mind, body and soul to her husband."

In his petition, Bugden accused prosecutors of using common religious language against Jeffs to claim he enticed the alleged rape victim. It is in violation of the FLDS leader's First Amendment right because it is being applied "non-neutrally."

"It does not follow that a religious counselor who performs a marriage and uses religious language to comfort a follower is directing her to have sexual intercourse against her will," he wrote. "This religious language is more broad and general than that interpretation."

E-MAIL: bwinslow@desnews.com
 
deseretnews.com
Originally published Tuesday, April 24, 2007
 
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