'Sacred' papers of Jeffs sought

Published: Tuesday, Sept. 12, 2006 11:27 a.m. MDT
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Papers seized inside the SUV in which polygamist leader Warren Jeffs was riding when captured in Nevada should be returned to the Fundamentalist LDS Church leader because they are protected by his right to freedom of religion, his attorney says.

The papers, deemed to be "sacred," also constitute privileged communication between the "spiritual leader" and his followers, attorney Richard Wright said in court papers obtained by the Deseret Morning News.

"These records include confidential religious writings and teachings of the FLDS, as well as privileged communications with FLDS members," Wright wrote in an emergency motion filed in U.S. District Court in Las Vegas. He says the papers, computers and recording devices found in the vehicle Jeffs was stopped in are protected by the First Amendment right to freedom of religion.

Claiming clergy-communicant privilege, Wright asked the judge to privately review the documents before unsealing search warrant returns to keep the information from being made public.

A hearing scheduled for Thursday in federal court was abruptly canceled, but authorities would not say why.

"No comment," U.S. Attorney for Utah spokeswoman Melodie Rydalch said about the emergency motion. Wright has not returned calls seeking comment.

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Jeffs was arrested Aug. 28 on I-15 just outside Las Vegas. A Nevada Highway Patrol trooper stopped a red 2007 Cadillac Escalade because of a problem with a temporary tag. Inside was Jeffs, one of his wives and one of his brothers.

Inside the Escalade, FBI agents said, they found $54,000 in cash, cell phones, laptop computers, a police scanner, a GPS device and ledgers with the names of those offering money and shelter to Jeffs while he was a fugitive. Jeffs was on the FBI's Ten Most Wanted list.

Jeffs remains in isolation in the Purgatory Jail, where he is being held without bail. On Thursday, he met with Wright and another lawyer, whom jail officials have refused to name. The Washington County Sheriff's Office has also declined to release jail visitor logs.

Jeffs has asked for time to find a lawyer here in Utah. Several high profile criminal defense attorneys in the Salt Lake City area have been contacted about possibly representing him. As of Friday, no formal notice of counsel had been filed in St. George's 5th District Court.

Washington County prosecutors told the Deseret Morning News they are still screening additional charges against Jeffs.

"Our investigation is continuing. There is the possibility of other charges being filed," deputy Washington County Attorney Brian Filter said Friday.

He could not say when those additional charges might be filed.

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