Jeffs resigns as head
 
By Patrice St. Germain
patrices@thespectrum.com
 
ST. GEORGE - Attorneys for polygamist leader Warren Steed Jeffs filed a motion Wednesday seeking a new trial and released a statement, per Jeffs' instructions, stating that he has resigned as president of the corporation of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

According to the statement distributed to the media, Jeffs' resignation was tendered Nov. 20 when he was sentenced to two back-to-back sentences of five-years-to-life in prison.

Jeffs was found guilty on Sept. 25 of two first-degree felony charges of rape as an accomplice.

The charges stemmed from Jeffs arranging and performing the 2001 marriage of 14-year-old Elissa Wall and her 19-year-old cousin Allen Steed.

At the time of the marriage, both were members of the FLDS Church, which encourages the practice of arranged and plural marriage.

The statement released Wednesday afternoon, isn't the first time Jeffs renounced his roll as the prophet of the church.

During a jailhouse conversation between Jeffs and his brother, Nephi, on Jan. 25 at Purgatory Correctional Facility in Hurricane, Jeffs told his brother he was not the prophet and was never the prophet and that he (Warren Jeffs), has been the "most wicked man in this dispensation, in the eyes of the Lord." He also said he was immoral with a sister and a daughter when he was 20, but did not elaborate on his conduct.

Knowing that jail staff was videotaping his visit with his brother, Jeffs instructed Nephi to obtain a copy of the video and share it with the public. Several days later, he attempted suicide at the jail, where he was being held in administrative custody.

Jeffs' attorneys filed a motion seeking a new trial for their client because of "errors and improprieties that occurred during the trial which substantially effected Jeffs right to a fair trial and due process."

Richard Wright, Jeffs attorney from Las Vegas, said he expected the motion for a new trial to be granted.

"We filed lengthy arguments but they are currently sealed," Wright said.

The motion, filed in 5th District Court on Tuesday, cites the fifth and 14th amendments of the United States Constitution; Article I, Sections 7, 10 and 12, of the Utah Constitution; and Utah Rule of Criminal Procedure Rule 18(g).

Washington County senior deputy county attorney, Brian Filter, said it will be up to Judge James Shumate to decide if Jeffs should receive a new trial.

As of Wednesday afternoon, Filter said he had not received the paperwork filed by Jeffs' attorney's but said although he had not seen the motion, he was not aware of any argument that would result in a new trial.

"The trial held was appropriate and fair and I don't think there will be a new trial," Filter said. "I don't think the motion will be granted."

Following the basic rules of procedure, the Washington County Attorney's Office will have 10 days to respond to the motion filed Tuesday and Filter said the defense will then have five days to respond to the prosecution's motion.

Given the time frame, Filter said it would be at least a couple of weeks before Shumate makes a decision granting a new trial or holds an evidentiary hearing on the new motion.
 
TheSpectrum.com
Originally published December 6, 2007
 
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