Jeffs back in court
 
By Patrice St. Germain
patrices@thespectrum.com
 
HURRICANE - An attorney for several news organizations across the state will go to 5th District Court on Friday to argue that files regarding the competence of Warren Jeffs should be made public.

Jeff Hunt, who represents a media coalition that includes The Spectrum, said he isn't sure what to expect in the courtroom.

"Part of the problem is that we don't know the content of what is sealed so it's hard to argue," Hunt said. "But we are going to argue that everything under seal should be put in the public court file." Although some of the sealed filings and motions are vague, a sealed file dated May 9 contains a report of Jeffs' "competence to proceed" evaluation from Associated Behavior Consultants dated April 6.

Walter Bugden, one of the attorneys representing Jeffs, who faces two first-degree felony charges of rape as an accomplice, has filed arguments that Jeffs' medical records are protected by the Health Insurance Portability and Accountability Act.

Both Hunt and the Washington County Attorney's Office have filed briefs on the HIPAA argument and both concluded HIPAA does not apply to judicial proceedings.

Washington County Attorney Brock Belnap said he and others working on the case will be in court Friday, but said the hearing is not central to the state's case against Jeffs.

Jeffs, 51, was charged with allegedly arranging a marriage between a 15-year-old girl and her 19-year-old first cousin, both of whom at the time were members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which believes in the practice of polygamy.

Jeffs is reported to be the prophet and leader of the church, although he has been gone from the Hildale and Colorado City, Ariz., area, where most of the members reside, for some time.

He faces similar charges in Mohave County, Ariz., where he was indicted by a grand jury.

Although Jeffs' whereabouts were unknown, his church has compounds in several states, including Colorado, Texas and South Dakota.

Jeffs was arrested during a traffic stop outside of Las Vegas late last August. By that time, he had been placed on the FBI's 10 most wanted list.

Hunt said there are standards in closing files in court cases. He said the standard is very high and has not been met in the Jeffs case.

Since Jeffs' arrest, he has been incarcerated in Purgatory Correctional Facility where he is housed in a cell by himself.

During Jeffs' last court appearance on March 27, he appeared paler than in previous appearances and very frail. During the daylong hearing where several motions were argued, Jeffs appeared to be dozing while several motions were being argued. He also had less interaction with members of his church who were in the courtroom.

Attempts to reach Jeffs' attorneys Wednesday were unsuccessful.

Bugden is also attempting to ban cameras from the courtroom. Hunt said he doesn't know when that argument will be heard.
 
TheSpectrum.com
Originally published May 24, 2007
 
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