No contempt charge for Jeffs, judge says
 
By Nancy Perkins
Deseret Morning News
 
ST. GEORGE -- A 5th District Court judge ruled Tuesday that polygamist leader Warren Jeffs could not be held in contempt for invoking his Fifth Amendment right against self-incrimination.

Wendell Musser, 22, sought the contempt charge after Jeffs refused to answer questions that would lead Musser to his estranged wife, Vivian Barlow, and their 2-year-old son, Levi. Musser once worked for Jeffs as a family caretaker, but he lost his position and family after being arrested on suspicion of drunken driving.

Musser then filed a civil lawsuit against Jeffs to help locate his family, saying Jeffs had absolute control of Barlow and Levi. Jeffs failed to answer that suit and was ordered by Judge James L. Shumate to provide the information under oath in a deposition or face serious financial penalties.

During the deposition hearing, Jeffs invoked the Fifth Amendment when questioned about Musser, his family and the FLDS church, which led to Tuesday's contempt hearing. By that time, Barlow had also retained an attorney and was granted limited intervention in the case.

"I wonder if this is all moot," Shumate said at the start of Tuesday's hearing. "I wonder how far we need to go now that the mother has intervened and Levi is having his needs addressed by both Mom and Dad."

Barlow's attorney, Reed Braithwaite, told the judge he has arranged a tentative meeting between Musser, Barlow and Levi in his St. George office on Wednesday.

Musser's attorney, Roger Hoole, argued that Jeffs continues to insert himself into Musser's family by controlling Barlow's life and should be ordered by the court to stay out of their business.

"Warren Jeffs has absolute control over Vivian Barlow," said Hoole. "It was at his direction that Wendell Musser was separated from Vivian, and he still is (separated)."

Jeffs' attorney, Wally Bugden, argued that Jeffs rightly sought protection under the Fifth Amendment once Hoole began questioning him about his role in the FLDS church. Bugden noted that prosecution witnesses in Jeffs' pending criminal cases were attending Tuesday's hearing and that Musser could also be a link to those cases.

"They are shadowing this case. Supposedly, the purpose of the deposition was to find Vivian Barlow and Levi. That has occurred," Bugden said. "There is no basis for contempt and I don't believe damages should ensue. They (Musser's attorneys) made a strategic decision to try and depose someone facing criminal charges."

Bugden said the criminal charges facing Jeffs in Utah and Arizona were filed by the "same people," but would not elaborate on his remarks outside of the courtroom.

Jeffs is charged in Utah with two first-degree felony counts of rape as an accomplice for arranging a marriage between a 14-year- old girl and her 19-year-old cousin. He also is charged in Arizona with four counts of sexual conduct with a minor as an accomplice, a class 6 felony; and four counts of incest as an accomplice, a class 4 felony.

Shumate ruled that Jeffs properly invoked his Fifth Amendment rights during the deposition.

"I am satisfied with that finding because Wendell Musser and Vivian Barlow are now before the court and they will take care of Levi's interests," said Shumate. "That was the concern before the court."

More than a dozen followers of the Fundamentalist LDS Church leader attended Tuesday's hearing. Jeffs smiled broadly at the group as they stood while he entered the courtroom to sit with his attorneys.

Musser said he is anxious to meet with his estranged wife and son.

"It's a good ruling if they will do what they say and I can see Levi and Vivian," said Musser. "Let's see what happens."

E-mail: nperkins@desnews.com
 
DeseretNews.com
Originally published August 15, 2007
 
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