Jeffs ruled competent for trial

By Ken Peterson kpeterson@thespectrum.com

Jud Burkett / The Spectrum Warren Jeffs listens as Jeff Hunt, an attorney for the media, presents arguments for the release of sealed court documents before Judge James L. Shumate, during his appearance in 5th District Court on Friday in St. George. Jeffs, the self-proclaimed prophet of a polygamous sect, is on trial on charges of two counts of rape.   Jud Burkett / The Spectrum Media attorneys Jeff Hunt, far left, and David Reymann, far right, sit with their clients, Deseret News reporter Ben Winslow, second from left, and editor Joe Cannon, second from right, during a hearing in the case of the State of Utah vs. Warren Jeffs in 5th District Court on Friday. ST. GEORGE - Fifth District Judge James L. Shumate ordered that Warren Jeffs is competent to stand trial at Friday's hearing that also addressed several issues involving interests of the media. "Mr. Jeffs is much improved in his appearance and demeanor than he was on March 27 (his last hearing)," Shumate commented during the hearing. Shumate said Jeffs is absolutely healthy and absolutely capable of going forward. Shumate also ordered that sealed records pertaining to Jeffs' competency be released to the media with portions of the records redacted or blackened out. The order was based on a motion by media attorney Jeff Hunt requesting full disclosure of Jeffs' sealed records. Hunt represents a media coalition that includes The Spectrum & Daily News. Shumate said he will redact portions of the records, but because he was going on vacation next week, there would be a delay in getting them ready for release. Shumate also addressed defense attorney Walter Bugden's motion to exclude still photographers from the courtroom. The motion was brought before the court after an enhanced picture of a document photographed at the last hearing on March 27 wound up on the front page of the Deseret Morning News. Shumate ordered that photographers would be allowed to remain, but that images could not be enhanced and that photographers may not shoot pictures of any documents or data that has not been introduced into evidence. Although Shumate ruled that the document was privileged, Washington County Attorney Brock Belnap told the court that the state's position was it should not be considered protected by the attorney-client privilege because Jeffs said he wanted to hold a press conference about the document. Shumate said he made his decision to continue to allow photographers in the courtroom relying in part on his 16-plus years on the bench and his relationship with the media. He said that his experience with The Spectrum has found the reporters to be "absolutely professional" and their photographers to be "impeccable with their demeanor and behavior in every way." Bugden read a statement to the media following the hearing that said Jeffs believes in fasting and has done so since his incarceration in September of last year. Jeffs has lost a lot of weight and is frail, but he is ready to go to trial now, he read. Jeffs, 51, is charged with allegedly arranging a marriage between a 15-year-old girl and her 19-year-old cousin, both of whom at the time were members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which believes in polygamy. Jeffs is reported to be the prophet and leader of the church of which most of the members reside in Hildale and Colorado City, Ariz. Belnap said the trial is now scheduled for Sept. 10 to 21 with the pretrial hearing set for July 20 at 9 a.m. "Procedurally we are all anxious to move forward," he said.

TheSpectrum.com Originally published May 26, 2007

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