Jurors asked to look into Jeffs' eyes
 
By Patrice St. Germain
patrices@thespectrum.com
 
ST. GEORGE - During voir dire questioning of potential jurors Tuesday, Walter Bugden, one of Warren Jeffs' attorneys, asked jurors if they could look Jeffs in the eyes and presume him innocent.

One potential female juror quickly glanced at Jeffs and said she could and said she had the same conversation with herself on Monday amid brief laughter in the room where the questioning was held. "I can't talk to anyone else (because of jury instructions)," the woman said in response to the laughter. "I have a lot of compassion for anyone sitting in that seat (Jeffs' position)."

Potential jurors were questioned by Bugden and Craig Barlow, a member of the prosecution team, on their knowledge of the Fundamentalist Church of Jesus Christ of Latter Day Saints and their feelings about the church's core principals of plural marriage and marriage through revelation.

Jeffs, 51, will be on trial on two counts of rape as an accomplice for allegedly arranging a marriage between a 14-year-old girl and her 19-year-old cousin.

By Tuesday night, 20 of the 28 potential jurors Judge James L. Shumate wants in the qualified jury pool, had been found.

Several potential jurors commented that they had family members who were married through an arranged marriage and others said although they did not agree with the concept of plural or arranged marriages, they understood it was the FLDS church's belief and said it did not bother them.

Barlow explained to the potential jurors that although the church does have the primary doctrine of plural marriage, Jeffs is not charged with that.

It was also explained to jurors that placement marriage or marriage through revelation is done through Jeffs, the prophet of the church.

Bugden explained that with an arranged marriage, the couple may not know each other at all as there is no courting or dating in the communities of Hildale and Colorado City, Ariz., which are primarily made up of FLDS followers with about 6,000 followers in the two communities.

"The couple falls in love after the marriage," Bugden said.

Bugden also said followers of the FLDS Church have been practicing polygamy for 150 years and will continue to do so.

Potential jurors were also asked if they believe a 14-year-old is too young to marry, if they are comfortable listening to discussions about sex and how much knowledge they had about Jeffs.

Barlow stressed question No. 46 on the jury questionnaire, which reads, "With respect to the crime of rape, a 14-year-old is capable of consenting to sexual intercourse. Regardless of your personal opinion, are you willing to accept and abide by this rule of law?"

Barlow also explained that if a minor is enticed there doesn't necessarily have to be physical resistance.

Jurors were asked if they knew about the presumption of innocence until proven guilty and that the burden of proof is on the state.

Jurors were also asked if they knew members of the FLDS Church and what their impressions of the group were.

The final question was if the potential juror was on trial, would they want themselves on the jury?

Many answered that they were fair-minded and could put aside anything they had heard about the Jeffs case and come in to the trial presuming he was innocent.

Fifteen more people are expected in 5th District Court this morning to continue with the voir dire process.

Once 28 qualified jurors are found, the final selection of eight jurors and four alternates will be made and the trial will begin.

The trial is expected to last about a week.

Jeffs, if found guilty, faces five years to life for each count.

Jeffs also faces similar charges in Mohave County, Ariz., and a federal charge.
 
TheSpectrum.com
Originally published September 12, 2007
 
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