Attorney for Jeffs has new wish list
Interviews with people linked to FLDS sought
 
Warren Jeffs

Warren Jeffs

KINGMAN - The case against Warren Jeffs continues to gain complexity.

In a hearing Friday afternoon, Jeffs' attorney Michael Piccarreta argued that he should be able to interview Don Fischer, Sam Bower and the Diversity Foundation about the conversations they had with the two victims in the Jeffs case and the victims' civil attorney in Utah, Roger Hoole, in order to defend Jeffs against statements they might make in court.

Fischer was once a member of the Fundamental Church of Latter Day Saints. He left and created the Diversity Foundation in order to help other members of the FLDS who wanted to leave.

Piccarreta argued that not only did Fischer and the Diversity Foundation provide the two victims, and several witnesses that may be called against Jeffs in a trial, with funds to find housing, food and other necessities, they also provided them with funds to pay for attorneys to help them in their civil lawsuits against the FLDS.

Bower acted as an investigator for the Diversity Foundation.

At times, Fischer and the Diversity Foundation acted as a go-between for the victims and Hoole, Piccarreta said. When he tried to interview Fischer and Bower about some of the conversations they passed on from the victims to Hoole and vise versa, Fischer's attorney Randy Dryer claimed that under Utah law the Diversity Foundation and Fischer fell under attorney/client privilege.

The privilege prevents an attorney from testifying or revealing information about his client or his client's case.

Under Utah law, a company or person that acts as a go-between for an attorney and a client can fall under attorney/client privilege, Dryer said in court.

Piccarreta said he needed the information from Fischer, Hoole, the Diversity Foundation and Bower in order to determine what witnesses helped by the Diversity Foundation might say against Jeffs. Many of the witnesses had already expressed to the press and the public their bitter feelings toward the FLDS and Jeffs, he said.

He also wanted to know how much funding each victim and Hoole had received from the Diversity Foundation and Fischer. He wanted to determine if the victims and the witnesses received funding in return for something else.

Hoole and Dryer both argued that they were not trying to hide anything from Piccarreta.

All financial statements concerning the victims and the witnesses who may be called to testify, down to the last penny, were disclosed to Piccarreta, Dryer said.

However, both Dryer and Hoole felt that conversations between the victims, the Diversity Foundation, Fischer and Hoole were confidential.

Judge Steven Conn said he would take the issue under advisement, review some material and issue a written ruling.
 
KingmanDailyMiner.com
Originally published Sunday, December 13, 2009
 
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