| Judge orders Jeffs to stand trial; subpoena of reporter quashed Court agrees to unseal psychological evaluations | |
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By Nancy Perkins Deseret Morning News | |
ST. GEORGE — Polygamous leader Warren Jeffs is fit to stand trial on charges of rape as an accomplice, a 5th District judge ruled Friday. Judge James L. Shumate also agreed to quash a subpoena to compel Deseret Morning News reporter Ben Winslow to identify his sources. The subpoena had been handed to Winslow a little more than 24 hours before Friday's hearing. Shumate said he had asked defense attorneys to seek an evaluation of Jeffs' mental, emotional and physical condition, after the 51-year-old leader of the Fundamentalist LDS Church appeared frail and disoriented during a March hearing. "The court determined at that time that this issue of Mr. Jeffs' well-being should be done under seal," Shumate said. "It is absolutely under the court's discretion to do that. Let's stop flinging blame at the defense. This was an order of the court." A coalition of media representatives seeking to have the evaluations unsealed was granted a partial victory Friday when Shumate agreed to release the documents, although portions would be heavily redacted. Defense attorney Walter Bugden argued that the psychological evaluations of his client should be protected under medical privacy laws. "Just because Mr. Jeffs is a criminal defendant and a high-profile case doesn't mean the public has a right to know some of his private medical information," Bugden said. "Our sincere concern is the difficultly to seek a fair and impartial jury." Jeff Hunt, who represented the media coalition including the Deseret Morning News, argued that the existence of the sealed documents had raised the specter of whether Jeffs was competent to continue to trial. "This is an old contest between the First Amendment and a defendant's right to privacy. Just because Mr. Jeffs is high profile doesn't mean he's entitled to greater rights, and he's asking for more," Hunt said. During Friday's hearing, Jeffs was alert and appeared pleased by the attendance of a dozen followers in the courtroom. He waved and nodded to several people in the audience until a bailiff told him to turn around and face the front of the room. Shumate expressed concern over the cost of the ongoing case. He then granted the media's request to unseal several documents, after he personally reviews them to black out prejudicial material. Also at issue during the hearing was a defense motion to ban cameras in the courtroom. That motion was denied, although the judge did modify his order of decorum for press pool photography that included several restrictions. The discussion centered on a photograph published in the Deseret Morning News that showed Jeffs holding a note that he wanted to give the judge that apparently said he abdicated his role as prophet. Bugden called the newspaper's decision to publish contents of the note an "intentional violation" of attorney-client privilege. "Mr. Jeffs hasn't abdicated his right to a fair trial," Bugden said. "The media seem to believe if they just whisper 'First Amendment' that Mr. Jeffs has given up those rights. My bottom line is that they've worn out their welcome. They've breached the rules of fair play." Shumate said he considered the note that Jeffs wrote to be protected under the rule of attorney/client privilege and agreed with Bugden that the Deseret Morning News had violated that privilege. "The court is considering the Romeo and Juliet provision to exclude the Deseret Morning News as a sanction for this extremely poor judgment," the judge told Hunt, who defended the newspaper's role in covering the Jeffs' trial. Hunt told the judge that "this was an extraordinary event, from the positioning of the document to the way Jeffs acted in respect to the document. Everything indicated it (the note) was not intended as attorney/client privilege." Washington County Attorney Brock Belnap said that while he is concerned about protecting attorney/client privilege in all cases, he felt it important to disclose that Jeffs had tried to give the note to a bailiff. "After the court dismissed everyone and Mr. Jeffs met with counsel, he approached the bailiff at the door and said he wanted to present the note to the media," Belnap told the judge. "He said he wanted to have a press conference. The bailiff asked the jail commander, and she would not allow it. Mr. Bugden said they were glad she stopped him, because they were not able to." After the hearing, Bugden read from a prepared statement, saying that Jeffs has been held in segregation since September 2006 and that "solitary confinement is difficult for any prisoner." "Mr. Jeffs believes in fasting, and he has done so throughout his detention," Bugden said. "Because of the fasting, Mr. Jeffs lost a lot of weight and became frail. I am glad to say he is better now. We are ready to go forward." Bugden also admonished the media to respect the rights of privacy of all citizens, "even someone accused of a crime." After the hearing, Hunt said the media fared well with the judge's decisions. "This was a good day for us," he said. Winslow said he was relieved. "I am very happy I don't have to testify. I stand by my sources and my story," he said. Joe Cannon, editor of the Deseret Morning News, said the newspaper has a "constitutional obligation" to let the public know what is occurring in court by reporting the proceedings fairly and accurately. Jury selection for the Jeffs trial will begin Sept. 7, and the trial is scheduled Sept. 10-21 in St. George. Jeffs is charged with two counts of first-degree felony rape as an accomplice for allegedly performing a marriage ceremony between a 14-year-old girl and her 19-year-old cousin. E-mail: nperkins@desnews.com | |
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deseretnews.com Originally published Saturday, May 26, 2007 | |
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