Jeffs' lawyers appeal his Utah convictions
 
By Linda Thomson
Deseret News
Warren Jeffs

Warren Jeffs

Lawyers for Warren Steed Jeffs, the leader of the Fundamentalist LDS Church, have appealed to the Utah Supreme Court to reverse Jeffs' 2007 convictions on two counts of being an accomplice to rape and rule that he should get a new trial.

The high court, as an alternative move, could order 5th District Judge James Shumate to review a motion for a retrial in Jeffs' case.

Attorneys Walter Bugden, Tara Isaacson and Richard Wright cited what they termed as errors in the case, including such things as flawed jury instructions, the seating of a replacement juror after deliberations had begun and "an unconstitutionally vague" definition of enticement in Utah's rape law.

Jeffs was convicted by a St. George jury of presiding over a 2001 marriage ceremony in which a then 14-year-old girl, Elissa Wall, was wed to her 19-year-old cousin, Allen Steed.

Among other things, the legal brief filed Nov. 25 contends that Jeffs simply performed a wedding ceremony and did not intend for the girl to be raped, nor did he intend to help Steed commit rape.

Jeffs' lawyers also say the court was wrong to impose consecutive sentences instead of concurrent sentences.

Shumate sentenced Jeffs to two consecutive terms of five years to life in prison for the two first-degree felonies.

The Utah Attorney General's Office has 60 days to respond with its own legal brief.

E-mail: lindat@desnews.com
 
DeseretNews.com
Originally published Thursday, Dec. 4, 2008
 
Back