| Down to 28 jurors | |
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By Patrtice St. Germain patrices@thespectrum.com | |
ST. GEORGE - After three days of questioning potential jurors, 28 people have been found to sit in the jury pool in the case against Warren Steed Jeffs. Beginning today at 9 a.m., the final jury selection will begin in 5th District Court to find eight jurors and four alternates. Following the jury selection, Judge James L. Shumate will excuse the jury and address any pending motions before having the jury return at 1:30 p.m. for jury instructions, opening arguments and the first witness. Jeffs, 51, the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, will be on trial for two counts of rape as an accomplice for allegedly arranging the marriage between a 14-year-old girl and her 19-year-old cousin in 2001. During the questioning of potential jurors, several points were brought up that expanded on the jury questionnaire, which was filled out by approximately 230 people on Friday at the Dixie Center. Walter Bugden, one of Jeffs' attorneys, spoke about the FLDS church's core principles, which include plural marriage and marriage through revelation and that the revelation is done through the prophet of the church, who is Jeffs. Jurors in the case will receive a definition of terms, including the definition of rape, criminal responsibility for conduct of another and the elements of the offense of rape as an accomplice. By definition, to convict the defendant as a party to the crime of rape, they must find from the evidence, beyond a reasonable doubt, all of the following elements of that crime: that the defendant intentionally, knowingly or recklessly solicited, requested, commanded or encouraged another to have sexual intercourse without consent or intentionally aided another to have sexual intercourse without consent. The alleged victim in this case, identified as Jane Doe IV, said following her spiritual marriage on April 17, 2001, in Caliente, Nev., her husband had intercourse with her against her will. During the preliminary hearing in November, Jane Doe said the day of her marriage was the "darkest time" in her entire life. While the state has filed its proposed jury instructions, the defense team's instructions have not been released and the defense team also filed, under seal, another motion. A motion states that the reason for the sealing is that the motion involved confidential information, which is the subject of protective orders and that the sealing of the motion is necessary to preserve the defendant's right to a fair trial. Jeffrey Hunt, an attorney for the Utah Media Coalition, has filed an objection to that sealed motion. During the course of the trial, the jury may hear from about 18 state witnesses and 71 defense witnesses. The list of witnesses includes the alleged victim and family members and members of the FLDS church. | |
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TheSpectrum.com Originally published September 13, 2007 | |
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