News challenges photo ban in Jeffs case
 Memo defends taking of controversial court picture
 
By Linda Thomson
Deseret Morning News
 
News media outlets are resisting efforts to ban photographers from the St. George courtroom where Fundamentalist LDS leader Warren Jeffs' criminal case is being heard.

Jeff Hunt, attorney for the Deseret Morning News and other media outlets, filed a memorandum Friday arguing that the News did not act improperly when a News photographer took a picture of Warren Jeffs holding a note that later was enhanced and published. It apparently declared Jeffs is not a prophet.

Jeffs had tried to give the note to 5th District Judge James Shumate. His defense lawyers contend that photographing and publishing the note violates Jeffs' attorney-client privilege.

Jeffs' lawyers, Walter Bugden and Tara Isaacson, also contend that the Deseret Morning News has made it more difficult to find a fair and impartial jury for their client.

Jeffs, 51, is charged with two first-degree felony rape by accomplice charges that allege he performed a marriage ceremony between a 14-year-old girl and her 19-year-old cousin.

Hunt said in his memorandum that the newspaper had no reason to believe the note was confidential correspondence between an attorney and client, it was not written in a private attorney-client meeting, nothing shows it was intended just for Jeffs' lawyers, and it does not appear Jeffs wanted the information to be kept confidential.

In addition, the contents of the note were known to other courthouse parties and news sources, some of whom were able to independently confirm what the photograph showed.

Hunt also states that the decision to publish the note was not taken lightly. The Deseret Morning News delayed a week and made a decision to go ahead only after lengthy and "sometimes heated" discussion among reporters and editors.

"In obtaining and publishing this information, the Morning News certainly intended no disrespect to this court or the attorneys and litigants in this case. It simply believed the information was newsworthy and should be reported to the public, and it had no factual basis to believe that the information was covered by any applicable privilege," Hunt said.

Given Jeffs' position as leader of the Fundamentalist LDS Church, his considerable power over its members, the serious nature of the crimes he is charged with and the significance of the information, the newspaper made a decision that the note should be reported to the public, Hunt said.

E-mail: lindat@desnews.com
 
deseretnews.com
Originally published Saturday, May 19, 2007
 
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