| Jeffs trial stays here Judge voices concerns over finding jury pool | |||||
|
By Patrice St. Germain patrices@thespectrum.com | |||||
ST. GEORGE - Fifth District Court Judge James L. Shumate ruled Tuesday afternoon that Warren Steed Jeffs will stand trial in Washington County as long as an impartial jury can be found. After ruling against the defense on two other motions Tuesday morning, Shumate decided to keep the case in Washington County, saying the jury would be comprised of those who have no opinion on the guilt or innocence of the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a religious sect that practices polygamy. Shumate said he would move the trial if it proves difficult to seat an impartial jury. Shumate said his greater concern was what he called the bias of media attention the case has drawn - specifically from The Spectrum & Daily News - and although the newspaper has an obligation, its job is to avoid attempts to impact an important issue such as the Jeffs case. He also said that the media should not try to convict someone prior to trial. Jeffs is charged with two counts of rape as an accomplice for his alleged involvement in arranging a spiritual marriage between a then-14-year-old girl and her older cousin. "What I do not know is whether or not it has been fatally impaired," he said, referring to the jury pool. "And I cannot know until I attempt to empanel a jury." Todd Seifert, managing editor of The Spectrum & Daily News, said the judge made a fair ruling in an attempt to ensure Jeffs gets a fair trial. Seifert said that was the most important issue Tuesday. "We certainly respect Judge Shumate, but we respectfully disagree on the comments about our news coverage," Seifert said. "We believe it would be irresponsible to fail to provide as comprehensive of coverage as possible to what could be one of the biggest court cases in Washington County history. We want to see Mr. Jeffs get a fair trial, and because of that we haven't done things like use anonymous sources, and we haven't reported on some of the wild rumors floating around the community despite having several opportunities." Seifert acknowledged that the newspaper had published editorials and columns related to the Jeffs case because of the enormity of the issue. "Our editorials and columns throughout this case have mostly centered on one theme: Religion shouldn't be used as a shield. In other words, the jury should weigh evidence on the charges based on legal merits. We certainly want to see Mr. Jeffs get a fair trial, and we think the judge's ruling - with the stipulation about finding an impartial jury pool - will allow that to happen." Dan Jones of Dan Jones and Associates, which conducted a survey for the defense team, said based on the survey results, Jeffs could not get a fair trial in Washington County. "This defendant (Jeffs) can get more of a fair trial in Salt Lake County," Jones said in a loud voice while banging his finger on the witness stand. Washington County Attorney Brock Belnap said Jones' own survey showed that of those polled, a higher percentage of people in Washington County didn't have an opinion one way or another on Jeffs' guilt or innocence. Walter Bugden, one of Jeffs' attorneys, argued that the most important issue in a jury trial is picking the jury, and because of the media attention, it would be very difficult to empanel a fair jury in Washington County. While Shumate was adjourning court for the day, Jeffs, who in the past appeared pale and gaunt, and who was noticeably weaker Tuesday, stood and asked if he could speak. "May I approach the bench?" Jeffs asked Shumate. Shumate responded that Jeffs had counsel and should be talking to his attorneys. Following court, several reporters asked Bugden about Jeffs' physical condition, noting that he appeared frail. "He is very frail," Bugden commented before walking off. Both Bugden and Belnap had little to say following Tuesday's proceedings. But Bugden said he does plan to appeal the rulings. Bugden also asked for Shumate to delay the trial, but the judge said he would not do so unless the Utah Supreme Court made the ruling. Tuesday morning, Las Vegas Attorney Richard Wright, part of Jeffs' legal team, made the argument for a motion declaring a part of the Utah Code that addresses sexual offenses to be unconstitutionally vague. Craig Barlow, assistant Utah Attorney General, made the rebuttal. Tara Isaacson, another of Jeffs' defense attorneys, argued to quash the bind over for trial, saying that the husband of the alleged victim did not hold a special position of trust. Deputy County Attorney Ryan Shaum argued that because of her upbringing, the woman believed her husband was her priesthood head and salvation. Shumate ruled against the defense on both motions. Jeffs faces two counts of rape as an accomplice for his alleged role in arranging a marriage between a 14-year old girl and her older cousin. Each count carries a prison term of five years to life. Jeffs also faces similar charges in Mohave County, Ariz. The jury trial, scheduled to begin April 23, has been postponed. No new date has been set. | |||||
|
TheSpectrum.com Originally published March 28, 2007 | |||||
| Back | |||||
| For more information email: | |||||
