Jeffs ordered to reunite man with young son
 
By Nancy Perkins
Deseret Morning News
 
ST. GEORGE — Fifth District Judge James L. Shumate ordered jailed polygamist leader Warren Jeffs to reunite a former follower with his young son or face significant financial penalties.

Wendell Musser, 22, was separated from his former wife, Vivian Barlow, and their son, Levi, in June 2006. Jeffs joined the two together in a spiritual marriage ceremony the previous year. Musser said the couple grew to love each other.

Musser fell out of favor with Jeffs, whom he had been helping during his time as a federal fugitive, when he was arrested in Colorado for driving under the influence. He was ordered to return alone to Utah to write letters of repentance to Jeffs, which he did. When Musser was told he no longer held the priesthood and that his family had been taken from him, he searched in vain for his wife and son.

"She needs to realize what she's doing is hurting me and Levi," Musser said following Thursday's hearing in St. George. "I do love them. I won't give up on them. I'm still waiting."

The last time Musser saw his former wife and son, who will turn 2 years old on July 30, was on May 25 in Hildale. That meeting was arranged and attended by several FLDS men, including Musser's father and Barlow's father, and deputies from the local police department.

Musser said Barlow wouldn't let him hold his son and would not discuss his rights as a father. He hasn't seen or heard from them since, he said.

"Wendell respects whatever decision Vivian makes for her own life and religious beliefs, but he needs to be able to work things out with her in the best interest of their son," said Roger Hoole, Musser's attorney. "Warren Jeffs is in a unique position. He knows where Levi is and has been, when he's going to move and where. He can provide the answers so that Wendell can gain access to his son."

Shumate ordered Jeffs to provide Musser with the information he needs to contact and see his son. If that information isn't provided by July 25, Musser's attorneys can interview Jeffs in jail. If the information still isn't forthcoming, Shumate said immediate authority would be granted to Musser's investigator to charge $600 per day to Jeffs' commissary account at the jail while he searches for Musser's son.

"If those who would interfere with your client's efforts knew you could serve them, bring them to court, grab their cell phones, cars, it might make the cost to subordinates so high they would give up," the judge said.

Shumate said that the FLDS Church was not a defendant in Musser's lawsuit but noted that it could be included.

"Mr. Musser could own a gated community," Shumate said.

The FLDS Church owns several fenced compounds in various states, the more than 1,800 acre Yearning For Zion ranch in Texas, and property in Bountiful, British Columbia.

"The church teaches that women and children belong to the priesthood," said Musser. "This is a very big principle in the church, almost as big as the law of plural marriage."

Dozens of men have been stripped of their priesthood and families over the past few years under Jeffs' leadership, he noted.

"More men should stand up. I'm only asking for my rights as a father," Musser said.

E-mail: nperkins@desnews.com
 
deseretnews.com
Originally published Friday, July 20, 2007
 
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