Sealed 'report of competence' filed in Jeffs case
 
By Ben Winslow
Deseret Morning News
 
An apparent evaluation of Fundamentalist LDS Church leader Warren Jeffs' mental competency has been filed in the criminal case against him.

A "report of a competence to proceed evaluation from Associated Behavior Consultants" was filed Wednesday in St. George's 5th District Court, a court docket said. Judge James Shumate had it sealed, court clerks told the Deseret Morning News.

Jeffs' defense counsel did not immediately return a phone call seeking comment Thursday morning. Attempts to reach Washington County Attorney Brock Belnap were also unsuccessful.

Questions have swirled around Jeffs' mental health ever since his last court appearance in March. The polygamous sect leader appeared frail and semi-conscious. Several times, he nodded off and at one point, Jeffs drooled on himself.

At the end of the court appearance, Jeffs stood and tried to pass a note to the judge. The Deseret Morning News has reported the note indicated Jeffs abdicated his role as "prophet" of the FLDS Church. Law enforcement sources said Jeffs also renounced his role in a jailhouse conversation with one of his brothers.

In January, Jeffs was rushed to the hospital for an undisclosed medical problem. Washington County Sheriff's deputies have said Jeffs underwent a series of tests and was cleared to return to the Purgatory Jail. They refused to say what Jeffs suffered from, citing federal medical privacy laws.

In April, a petition and an order were filed in court under seal. The evaluation filed in court Wednesday was dated April 6, 2007 — three days after the sealed petition was filed.

A coalition of news media outlets, including the Deseret Morning News, are challenging the decision to seal the documents. The judge has asked attorneys for the news media to address federal medical privacy issues in their motions. Those are expected to be filed Friday in 5th District Court.

Jeffs, 51, is facing first-degree felony rape as an accomplice charges. He is accused of performing a marriage between a 14-year-old girl and her 19-year-old cousin. The case has been put on hold pending appeals to the Utah Supreme Court.

E-mail: bwinslow@desnews.com
 
deseretnews.com
Originally published Thursday, May 10, 2007
 
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