Jury selection resumes in FLDS leader's trial
 
By Nancy Perkins
Deseret Morning News
 
ST. GEORGE — The jury pool is shrinking quickly in FLDS leader Warren Jeffs' upcoming trial on two felony counts of rape as an accomplice.

During the second day of individual questioning of potential jurors, attorneys excluded two people, a man and a woman. Of the 300 people summoned to answer a jury questionnaire, only 230 continued to the next phase of questioning that began on Monday in Fifth District Court.

That number has steadily declined as attorneys from both sides dismissed people based on their written answers in the questionnaire or after conducting one-on-one interviews.

Jeffs, 51, has listened intently and smiled at a few of the people undergoing interviews.

So far, only nine potential jurors have been qualified for the jury pool that must include 28 people, according to Judge James L. Shumate, who is presiding over the case.

The interviews were closed to the public, although news reporters from various news agencies took turns watching the process.

Also, Shumate on Tuesday clarified an earlier decision that prohibited news media from reporting anything that was said during the interviews.

His clarification came following of an emergency motion filed by attorneys representing the Utah Media Coalition, which includes the Deseret Morning News.

In a notice released Tuesday morning, Shumate requested that the news media exercise discretion in reporting what they observe and hear during the interviews.

"The court is concerned about seating a jury that is untainted by media exposure," the notice states.

Many of the questions posed to the potential jurors focused on their personal knowledge of the Jeffs case and the Fundamentalist LDS Church, in addition to any bias they may hold against polygamy or the legal system in general.

One potential juror said she didn't approve of polygamy, but added, "as long as they leave me and my kids alone, let them alone. It bothers me that they're doing it and it's against the law, but if you're going to come down on one person, you've got to come down on them all."

Also interviewed was a middle-aged man who works as a supervisor in St. George. He said he grew up in St. George and doesn't believe a lot of what he reads in the media. He said he lived in China for a couple of years and didn't find the idea of placement marriage, a common practice in that country, to be offensive.

Another man who was interviewed said he knew members of the FLDS Church practiced polygamy, but that the practice didn't involve him and or bother him. He mentioned the "old school" dress of the members and the fact that the men often have multiple wives.

Although polygamy is against the law, the man said, he didn't believe it was a serious problem since "if it was really bad it would be taken care of already, it wouldn't just keep going and going — people would be in prison."

Eight jurors and four alternates must be selected to hear the case against Jeffs, who is accused of conducting a spiritual marriage between an unwilling 14-year-old girl and her 19-year-old cousin.

Potential jurors continued to file in and out of the courthouse on Tuesday. Eleven of the 50 people scheduled to appear before the judge this afternoon have already been eliminated, leaving 39 prospects for the attorneys to review.

E-mail: nperkins@desnews.com
 
deseretnews.com
Originally published September 11, 2007
 
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