Jeffs tapes will stay sealed
 
By Nancy Perkins
Deseret Morning News
 
ST. GEORGE — Recorded jailhouse statements made by polygamist leader Warren Jeffs will remain under seal and cannot be used against him during a September trial, ruled a 5th District judge on Friday.

"The motion of the defense to limit statements is granted," Judge James L. Shumate ordered after meeting behind closed doors with attorneys to hear arguments on the statements. The recordings have been under the court's protection, along with motions involving their content, for several weeks.

Shumate left open the possibility, however, that the statements could be introduced at trial if the state is able to prove their probative value outweighs any prejudicial harm to the defendant.

Warren Jeffs again appeared in court to be healthy and alert. His brother, Nephi, who was with him the night he was pulled over by a Nevada trooper and arrested, was there, as was his mother, Marilyn Steed, who smiled at Jeffs, mouthing "hi" when she saw him. More than a dozen followers attended the hearing, with Jeffs nodding to each one as he made eye contact with them.

Prosecution efforts to allow the testimony of two potential witnesses, Richard Holm and Jethro Barlow, during the trial was put on hold for an evidentiary hearing. Both men will be required to attend a hearing in open court on Aug. 20 so that Shumate can listen to their potential testimony.

Defense attorney Tara Isaacson said the men have no personal knowledge of the case before the court and are "disgruntled, outspoken critics" of Jeffs.

"Both of these individuals use highly inflammatory words and use types of language like 'sinister' and 'pervert' when referring to Mr. Jeffs," she said. "Basically what they're going to say is that Warren Jeffs is a bad guy. The jury would base its decision not on the evidence, but on hostility toward the defendant." The state also lost a minor point when it unsuccessfully argued for the chance to use the word "coercion" when it discusses the case before the jury.

Shumate denied their request, saying he had already ruled no evidence had been presented at the preliminary hearing to justify using that word.

"The court's analysis of the evidence at the preliminary trial did not find physical harm, extortive behavior, anything coercive in the standard sense of the word," the judge said. "Enticement, that's what this case is really about."

Jeffs is charged with two first-degree felony counts of rape as an accomplice for his role in conducting a spiritual marriage between a 14-year-old girl and her 19-year-old cousin.

E-mail: nperkins@desnews.com
 
deseretnews.com
Originally published Saturday, July 21, 2007
 
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