| Ruled inadmissible Judge deems Jeffs' prison conversations off limits | |
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By Ken Peterson kpeterson@thespectrum.com | |
ST. GEORGE - Fifth District Judge James L. Shumate ruled Friday that the prosecution would not be able to use jailhouse statements made by Warren Jeffs when they present their case at his trial in September. However, Shumate left a small crack in the door where the Washington County Attorney's Office may be able to use the statements in its rebuttal after the defense presents its case, if the statements become relevant in light of the defense's evidence. Shumate reserved the right to make his determination at the time of the trial. Additionally, Shumate ruled that the testimony of two prosecution witnesses, Jethro Barlow and Richard Holm, would be heard by the court in a subsequent hearing before a decision can be made whether their testimony would be allowed at trial. Defense counsel Tara Isaacson argued that Barlow and Holm were two disgruntled former members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which practices the tenets of polygamy, who left or had been asked to leave the church and would offer criticism as to how Jeffs ran the church. Jeffs is the self-proclaimed prophet and leader of the church of which most of the members reside in Hildale and Colorado City, Ariz. Isaacson argued that their testimony would not be relevant in the case as Jeffs is on trial for charges of rape as an accomplice and not for how he ran the church. Shumate offered the analogy to clarify Isaacson's position that "if you're going to prosecute the mayor, why bring in city council members who don't like the mayor?" Deputy County Attorney Ryan Shaum argued that these witnesses were important to the state's case and had direct knowledge of Jeffs' alleged criminal conduct. Shaum said Holm, in particular, knew Jeffs' father, Rulon, while he was acting prophet of the church and as a pilot, flew Rulon on occasion when he needed to go somewhere. Both witnesses attended meetings that Jeffs presided over and conducted. This line of argument led Shumate to the conclusion he couldn't make a decision to exclude their testimony without first hearing what they had to say. The court also ruled on several semantic issues including: Jeffs will be referred to at trial by his surname, Mr. Jeffs, rather than the defendant, and a prosecution witness will be referred to by her surname rather than victim; and the prosecution will use the word enticement rather than coercion in reference to Jeffs' alleged criminal conduct. Jeffs appeared in good spirits at Friday's hearing as he smiled and acknowledged members of his family in attendance, which included his mother, Merilyn Steed, and his brother Nephi Jeffs. | |
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TheSpectrum.com Originally published July 21, 2007 | |
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