Venue change unnecessary
 
Opinion
The Spectrum
 
Walter Bugden, Jr., attorney for Warren Steed Jeffs, has filed a motion for a change in venue saying that the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints can't get a fair and impartial trial in Washington County because of the extensive media coverage of his charges of two counts of rape as an accomplice. Bugden even commissioned Dan Jones & Associates to conduct a poll supporting that claim.

According to court documents, those poll results came from calling residents during the day and evening hours randomly from digit and listed telephone numbers. A total of 628 interviews were conducted from questions written by Dan Jones and Bugden & Isaacson, LLC.

In Washington County, 52 percent of the respondents believe Jeffs is definitely guilty, and 23 percent believe he is probably guilty, the poll said. In contrast in Salt Lake County, 39 percent of respondents believe Jeffs is definitely guilty and 39 percent believe he's probably guilty.

The 13 percent difference is what Dan Jones said in an affidavit is significant enough to move the trial to Salt Lake County though both areas also reported that they receive 94 to 97 percent of their information from the news media and 78 to 82 percent of respondents feel that information to be either somewhat or very accurate.

While it is necessary for Jeffs to receive a fair trial, moving it to another community to obtain jurors who are perceived to be more objective in their duties is offensive to the residents of Washington County. The people here are as intelligent and as capable of fulfilling the roles as fair-minded jurors as anyone in Salt Lake City.

What people need to consider is how costly this move will be. Attorneys, and perhaps even Judge James Shumate, will have to stay in hotels. There is also mileage and meals to factor in. It may even throw a wrench in the court system because this isn't a trial that will occur in a matter of days. It is more likely to take months - all at taxpayer expense.

We're not convinced that there is clear evidence a fair and impartial trial cannot be had in Washington County. While the proximity to Hildale and Colorado City may be closer than Salt Lake City, it certainly doesn't mean the jury pool will be slim pickings. Furthermore, aside from the extent of the publicity on the case, what also needs to be considered is the nature and gravity of alleged offenses, the size of the counties in comparison, the status of the defendant and the prominence of the victims. When consideration is given to other such elements, there doesn't really seem to be a need for a change in venue.
 
TheSpectrum.com
Originally published March 7, 2007
 
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