| Tough job picking a jury for Jeffs Leader of North America's largest polygamist sect has few 'peers' as questionnaire disqualifies many | |
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By Daphne Bramham Vancouver Sun | |
ST. GEORGE, Utah - Defendants are promised a jury of their peers, but getting one is impossible if you are a notorious leader of a breakaway polygamist sect. Warren Jeffs is charged as an accomplice to the rape of a 14-year-old girl. He is alleged to have arranged and presided over the marriage of the girl to her 19-year-old first cousin and then counselled the husband to impregnate his wife. The leader of the largest polygamist group in North America was captured only after he was placed on the FBI's 10 Most Wanted list alongside Osama bin Laden. So who should sit in judgment of Warren Jeffs, the prophet of the Fundamentalist Church of Jesus Christ of Latter-day Saints, whose followers believe he is God's mouthpiece on Earth and a possible god himself? That's what Judge James Shumate, Washington County prosecutors and Jeffs's lawyers are going to extraordinary lengths to determine. They have done something that would be impossible in Canadian courts given our privacy laws and the Charter of Rights and Freedoms. To ensure that he gets an unbiased jury, the lawyers crafted an 11-page, 75-question survey to weed out any undesirables from a pool that started at 300 on Friday and was down to 230 before the questionnaires were even handed out. Another 45 were dismissed Monday based on their written answers. By the end of the day, of the 74 people who appeared, only nine were deemed eligible to go on to the next round when the defence and prosecution each have four pre-emptory challenges -- meaning that they can exclude them without providing any reason. There is now a real possibility that out of 300, there may not be enough people left in the pool to meet the judge's threshold of 28 for the final round of challenges. And if there are not enough people, the trial will have to be moved -- just as Jeffs's lawyers predicted last spring when they asked that the case be heard in Salt Lake City. The back story to the Jeffs case is polygamy, a criminal offence, although he is not charged with that. But he and his followers are the only true Mormons, the only ones who follow all of the revelations attributed to Joseph Smith including the revelation that men should have more than one wife --something the mainstream church renounced in 1890. Jurors are being asked some very direct questions. Are you a member of the mainstream Mormon church? And in a town like St. George, the majority of people are likely to answer Yes. Have you or members of your immediate family had any FLDS members or anyone who has left the group? What are your feelings about the FLDS? Can you set aside your personal feelings about polygamy and reach a verdict solely on the evidence presented in court? What's not clear is whether being LDS -- or even FLDS -- is a good thing or a bad thing. Many mainstream Mormons (including Utah's Attorney-General Mark Shurtleff) have polygamous ancestors. However, since Mormons renounced Smith's revelation that having more than one wife is a good thing, the LDS church has grown rapidly by espousing old-fashioned, traditional family values. That includes families of father, mother and a passel of kids. No drinking alcohol, coffee or tea. No long hair. No drugs. No homosexuality. And until the early 1970s, no people of colour. Potential jurors were asked if they had "any religious beliefs, moral feelings, political views or philosophical principles" that would interfere with their ability to be fair. They were also asked some very personal questions. Have you or anyone close to you been sexually abused or assaulted? They were asked whether rendering a verdict on Jeffs's guilt or innocence on the charges of conspiracy to commit rape of a 14-year-old girl would subject them to criticism from family, friends, business associates, their church or church members. But religion is far from the only concern of the lawyers. Potential jurors were asked for: their marital status; ages, gender and the occupations of their children; their own education level; their hobbies; and the names of any civic, political, social or charitable organizations they belong to. They were asked if they had served in the armed forces and, if so, what their duties and experiences were. They were even asked if they have strong feelings toward the government as a whole or toward any branch of the government. They seem to be trying to weed out anyone who has read or heard too many news reports about Jeffs and his sect and possibly anyone connected with either the LDS or the FLDS. Anyone with strong religious, moral, social or political beliefs. Anyone who has ever been sexually assaulted. Anyone who doesn't like the government. It seems what they are searching for are blank slates, which is hardly a jury of Jeffs's peers since he has opinions about everything, ruling with an iron fist and forcing compliance with decrees about everything from the colour red (bad) to school (bad) to arranged marriages (good) to many children (good). As the defendant, Jeffs sits in on all of the individual interviews in the crowded confines of the judge's chamber. Journalists have been allowed to observe but not report on what questions the potential jurors were asked. Jeffs appeared to be as alert as is possible during the proceedings, which are moving at a snail's pace. It's impossible to know what he thinks as he looks at the people who may sit in judgment of him. The only thing assured is that the people who judge him are unlikely to be anything like him -- not unless there are 12 other prophets in Washington County who just happen to have won the jury lottery. dbramham@png.canwest.com | |
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canada.com Originally published Tuesday, September 11, 2007 | |
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