Musser takes Jeffs to court
 
By Patrice St. Germain
patrices@thespectrum.com
 
ST. GEORGE — Judge James E. Shumate ruled that Warren Steed Jeffs not be held in contempt of court during a hearing Tuesday.

Jeffs invoked his Fifth Amendment right during a recent deposition given at Purgatory Correctional Facility.

Shumate said Jeffs, the polygamist sect leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, had every right to refuse to answer questions concerning a former trusted church member’s wife and child.

Jeffs, Shumate said, is facing criminal liability in Fifth District Court, Mohave County Court and federal court and has the right to refuse to answer questions that may be incriminating.

Shumate also refused to give attorneys for the former FLDS follower, Wendell Musser, permission to continue to question Jeffs about the matter.

The paternity issue will be before Judge Rand Beacham and Shumate said Beacham, not Jeffs, has control over the parental issues involving Musser, his former wife Vivian Barlow and their now 2-year-old son Levi.

"I know the parents are daily concerned for the well being of Levi," Shumate said. Musser’s attorney Greg Hoole said although Barlow recently obtained counsel with Reed Braithwaite, a visit between the father and son, which is tentatively set for Wednesday, was only discussed briefly before Tuesday’s court hearing.

Shumate said that since Jeffs, 51, has been in jail for almost a year, he may not have current information about Barlow and her son.

Shumate said if Jeffs does try to interfere with efforts for Musser to establish a relationship with his son, he would order him (Jeffs) not to do so.

Musser sued Jeffs in April for information about the whereabouts of his wife and son, whom Musser claims were taken from him after he was arrested for drunken driving in Colorado.

Musser’s other attorney, Roger Hoole, said it wasn’t until pressure was applied to Jeffs that Barlow obtained counsel and a meeting between the father and son was tentatively arranged.

Hoole said a lot depended on Braithwaite, but said obviously, if Barlow was still controlled by Jeffs, no court order or paper would change that and Barlow and her son could easily disappear before any court action could take place. "Hopefully, he (Musser) will be reunited with his son," Hoole said.

Other than a brief meeting with his wife and son several months ago, when Musser was not even allowed to hold his son, he has not had any contact with Levi in 14 months.

Musser was hopeful the meeting would take place with his son in the next few days and has hopes to be reunited with his wife.

"I’m excited," Musser said about the prospect of seeing his son. "It’s going to take a lot of work (to get reacquainted). So much was taken."
 
TheSpectrum.com
Originally published August 15, 2007
 
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