| Remarks by Jeffs to stay sealed Judge says that taped statements would 'cloud' case | |
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By Nancy Perkins Deseret Morning News | |
ST. GEORGE — Recorded jailhouse statements made by polygamist leader Warren Jeffs will remain under seal, a 5th District judge ruled Tuesday. "Those statements are of such a nature that to disseminate them in any way, shape or form would not only impair the right of the defendant to a fair trial but would place such a cloud over this litigation that I would not feel confident in picking a jury anywhere in the state of Utah," Judge James L. Shumate said after reviewing the statements in his chamber with attorneys. Defense attorney Walter Bugden called Jeffs' jailhouse statements potentially "very, very inflammatory." The Deseret Morning News reported earlier that Jeffs, in a jailhouse conversation with one of his brothers, had said he was not a prophet and had never been a prophet. Shumate will hear arguments between the state and defense on Friday in his chambers over whether the jailhouse statements should be admissible as evidence in Jeffs' trial. The judge left open the possibility that he would release redacted transcripts of the jailhouse conversations once the trial is over. Also on Friday, Shumate will hear arguments from the defense team over whether to allow the jury to hear from two potential prosecution witnesses, Richard Holm and Jethro Barlow. Both men are former members of the Fundamentalist LDS Church, which now is headed by Jeffs, whom they allege began to control church members' lives in a "sinister" and "intrusive" manner. In court papers filed Tuesday, Bugden said the two men had no direct knowledge of the case before the court and their opinions about Jeffs were irrelevant and could be prejudicial to the jury. Jeff Hunt, attorney for the Deseret Morning News and other Utah media, argued that testimony from the two men would not prejudice a jury. "There is no purpose served by shutting the courthouse doors and denying the public the opportunity to observe the court at work," said Hunt. "If you do this behind closed doors, there will still be press coverage. It's not going to make a difference." Bugden argued that the media had already portrayed his client as an "evil, bad person. We already have substantial reason to believe that people in Washington County have already judged my client," said Bugden, referring to a public-opinion poll conducted by Dan Jones & Associates that showed more than 90 percent of Washington County residents get their information from the media and know about the Jeffs' trial. Shumate said he also was concerned about selecting an unbiased jury, but he was committed to doing his best to seat one. "That opinion survey is, to me, a landmine in the road, and I worry about it quite a bit,' the judge said. Jeffs is charged with two first-degree felony counts of rape as an accomplice. He is accused of performing a marriage between a 14-year-old girl and her older cousin. Jury selection is set to begin on Sept. 7, with a trial scheduled Sept. 10-21 in St. George. In other legal matters related to the cases against Jeffs, a federal judge in Las Vegas formally dismissed a fight over evidence the FBI seized when it arrested Jeffs last year during a traffic stop outside Las Vegas. U.S. District Court Judge Robert Jones signed the order, which was released Tuesday, declaring the case in Nevada as "moot." It was made after a joint request by Jeffs' attorney, Richard Wright, and lawyers for the U.S. Attorney's Office for Utah. The evidence dispute is now expected to formally move to Utah, where Jeffs has been indicted by a federal grand jury on a charge of unlawful flight to avoid prosecution. It stems from the FLDS leader's time as a fugitive on the FBI's Ten Most Wanted list. At the time of the arrest, authorities said they seized several items from the Cadillac Escalade he was riding in, including numerous letters, documents, computers, pre-paid credit cards, cell phones and more than $50,000 in cash. Jeffs' defense team has argued that some of that evidence is protected under the FLDS leader's right to freedom of religion and should be returned to him. Contributing: Ben Winslow E-mail: nperkins@desnews.com | |
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deseretnews.com Originally published Wednesday, July 18, 2007 | |
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