Jeffs indicted on count of unlawful flight
U.S. says he fled Utah in 2006 to avoid prosecution
 
Jeffrey D. Allred, Deseret Morning News
Timothy Fuhrman, Dave Backman and Brett Tolman

Timothy Fuhrman, left, Dave Backman and Brett Tolman announce federal indictment of Warren Jeffs.
 
Warren Jeffs

Warren Jeffs.

On the day he was charged in St. George with rape as an accomplice, federal prosecutors believe that Fundamentalist LDS Church leader Warren Jeffs was a fugitive on the run.

"He's an individual with influence and the ability to be on the run — as he proved," said U.S. Attorney for Utah Brett Tolman. "If he were not prosecuted federally, then his acts in fleeing from the state to avoid prosecution would go unpunished."

A federal grand jury in Salt Lake City handed down an indictment Wednesday, charging the polygamist leader with a single count of unlawful flight to avoid prosecution. It carries with it a punishment of five years in federal prison and a $250,000 fine.

Federal prosecutors would not rule out other charges against Jeffs.

"We're looking at a full investigation of Mr. Jeffs," Tolman said at a news conference Wednesday afternoon.

The indictment alleges the FLDS leader was on the run from April 5 to August 28, 2006. He is believed to have been in hiding for a much longer period of time.

Jeffs, 51, was on the FBI's Ten Most Wanted list until he was captured during a traffic stop outside Las Vegas on Aug. 28. A Nevada Highway Patrol trooper stopped a Cadillac Escalade because the temporary tag wasn't visible. Inside the SUV was Jeffs, one of his wives and one of his brothers.

Tolman wouldn't rule out seeking criminal charges against them.

"We will be looking at those individuals and any others that may have assisted in this," he said.

The FBI seized more than $57,000 in cash, 19 prepaid VISA debit cards, cell phones, a GPS, disguises and other items they believe kept him on the run.

"Today's indictment marks another step toward justice for Mr. Jeffs," said Tim Fuhrman, the resident agent-in-charge for the Salt Lake City office of the FBI.

Speaking at a news conference Wednesday, prosecutors and FBI agents characterized Jeffs as a powerful religious leader who posed a "threat" to young women in the polygamous border communities of Hildale, Utah, and Colorado City, Ariz.

"I think in the minds of the young women who may have — at his decisions — been raped, I think the danger is palpable," Tolman said.

Jeffs is already facing an April trial in St. George's 5th District Court on charges of rape as an accomplice. He is accused of performing a marriage between a 14-year-old girl and her 19-year-old cousin.

Across the border in Mohave County, Ariz., Jeffs is facing charges of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. He is accused of arranging more child-bride marriages. However, prosecutors have told the Deseret Morning News their case is shaky after a former child bride refused to testify in a related case against her former husband.

Tolman denied seeking the indictment as an insurance policy should the state prosecutions fail but said he would wait until Jeffs' trial is over before proceeding with his case. Washington County Attorney Brock Belnap declined to comment on Wednesday's indictment. Jeffs' defense lawyers did not return phone calls seeking comment.

A federal warrant is also pending against Jeffs in Arizona, but prosecutors there said no indictment has been issued.

"We don't discuss pending investigations or whether we plan to," said Wyn Hornbuckle, a spokesman for the U.S. Attorney for Arizona in Phoenix.

A federal grand jury in Arizona had also been investigating Jeffs' whereabouts. Several of his followers were jailed on contempt charges for months after they refused to testify before the grand jury. They were ultimately released when Jeffs was captured.

Jeffs is being held in isolation in the Purgatory Jail, where he is allowed out of his cell for an hour a day. He has received visits from his lawyers as well as his faithful followers. A law enforcement source has told the Deseret Morning News that Jeffs has made phone calls to groups of his followers, who gather to hear his sermons. In turn, they sing songs to the man they call "prophet."

"He, at present, still leads this community, and I'll leave it at that," Tolman said.

Jeffs' lawyers filed a series of court motions on Tuesday seeking to have his trial moved from southern Utah to Salt Lake County. They claim the negative publicity surrounding the FLDS leader and his religion makes it difficult to get a fair trial. Defense attorneys also asked that the rape as an accomplice charge be declared "unconstitutionally vague."

A hearing on those claims has been scheduled for March 27 in St. George.

E-mail: bwinslow@desnews.com
 
deseretnews.com
Originally published Thursday, March 8, 2007
 
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