| Jeffs back in court | |||
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By Patrice St. Germain patrices@thespectrum.com | |||
ST. GEORGE - What's said in jail stays in jail. At least in the case of Warren Jeffs, the leader of the polygamous Church Of Jesus Christ of Latter Day Saints. A 5th District Court judge ruled Tuesday that conversations Jeffs has had in his cell since he was imprisoned in Purgatory Correctional Facility may not be used in the presence of the public or media Friday when he returns to court. The judge, James L. Shumate, did rule, however, that testimony from Jethro Barlow and Richard Holm may be given in an open courtroom. Shumate said disclosing Jeffs' jailhouse statements to the public would not only impair his right to a fair trial, it would also "place such a cloud" over the court proceedings that he would not feel confident about picking a jury. Following Shumate's ruling, Jeffs' attorney Walter Bugden said the judge made a fair decision. "It's very, very inflammatory," Budgen said. He declined, however, to comment if the statements were of the confessional nature. Jeffs will have a jury trial in September on two felony charges of rape as an accomplice for allegedly arranging a 2001 marriage between a 14-year old girl and her 19-year old cousin. The arguments whether to allow two former members of the church to testify - Barlow and Holm - during Jeffs' trial will be open to the public after Jeff Hunt, attorney for a media coalition including The Spectrum & Daily News, argued Barlow and Holm have made comments in the past concerning Jeffs. Holm's testimony includes references to underage marriages he said were not occurring while Jeffs' father, Rulon, was the acting prophet. Holm also said in his testimony that since Jeffs has taken over the leadership of the church, which has an estimated following of up to 10,000 people, Jeffs has spoken graphically about sexual relationships at priesthood meetings. Hunt also argued that even by closing certain court proceedings there would still be media coverage. Bugden argued that his client was already portrayed by the media as unworthy and evil and could contribute to a generalized picture of Jeffs only months before his trial. Shumate made the comment that although the United States Supreme Court and the Utah Supreme Court had reviewed the issue of closing arguments to the public - balancing First Amendment rights of the public and media to Sixth Amendment rights of a defendant - only a handful of those were judges who had to pick a jury. Hunt said Shumate had at his disposal tools to ensure a fair and impartial jury was seated including expanding jury questionnaires and an increased jury pool. Shumate, however, decided to err on the side of caution by closing the jailhouse statements and recordings. Those statements will be held under seal and protective order. Once the court rules, there will be an opportunity through a redacted plea to open portions of the file, but Shumate said the documents may not be unsealed until after the trial is complete. Budgen withdrew motions seeking to exclude other witnesses, including Andrew Chatwin, Lori Chatwin and Shirley Black, since the state does not plan to call them as witnesses. Washington County Attorney Brock Belnap said the state would not call those witnesses unless something dramatic happened. | |||
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TheSpectrum.com Originally published July 18, 2007 | |||
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