Unsealed papers say Jeffs quit as prophet

The people to whom Jeffs spoke responded that he was the prophet and that he was merely "being tested." Jeffs did not elaborate on the "immoral conduct" of 31 years ago, Bugden wrote.

The next day, Jeffs met in person with a brother at the Purgatory Jail, announcing that he had fasted for three days and had been awake all night.

"At one point in the visit, the Defendant began to dictate a religious message of encouragement to members of his religious community, but he suddenly halted in mid-sentence and remained silent for over 13 minutes," Bugden wrote.

His brother attempted to talk to him, saying he needed to be examined by doctors. Jeffs was unresponsive.

"Towards the end of the visit, the Defendant renounced his role as the Prophet," Bugden said.

Those statements were later recanted by Jeffs in February 2007, the court documents said. Jeffs said, in recorded telephone conversations, he had experienced "a great spiritual test." For the rest of the month, defense attorneys said, he conversed with his family and church members and encouraged their faith.

By March, Bugden wrote Jeffs experienced medical problems again. At that time Jeffs appeared thin, frail and unable to stay alert during a court hearing. In a February court filing requesting Jeffs' personal physicians be allowed to attend to him in jail, Bugden wrote Jeffs had lost 30 pounds while incarcerated.

"The Defendant has fasted, is dehydrated, and sleep deprived," he said.

A mental competency evaluation was ordered, and it was later determined that Jeffs suffered from depression. Judge Shumate eventually deemed Jeffs competent to stand trial.

In arguing for sealing Jeffs' jailhouse comments, Bugden accused Washington County prosecutors of trying to prejudice a jury.

"Insomuch as the recorded statements make vague reference to conduct which may have occurred 31 years ago, the apparent purpose is to depict the Defendant as a wicked and immoral man who acted in conformity with this bad character when committing the alleged offenses," he wrote.

Bugden said the tapes would needlessly consume hours, if not days, of testimony and would be taken out of context without explanation of Jeffs' health problems in the Purgatory Jail.

"It would also require evidence regarding the FLDS religious concept of a 'test of faith' and the intricacies of the belief in divine revelations," he wrote, adding that the jury's emotions and hostilities would be inflamed against Jeffs.

In response, Washington County Attorney Brock Belnap argued for certain Jeffs statements to be admitted in court.