Brett Ekins, an attorney representing media interests in the matter, said the only question facing the judge was whether or not releasing the information would endanger seating a fair jury down the road.

Washington County Attorney Brock Belnap argued that Jeffs' conviction on two first-degree felony counts of rape as an accomplice was already widely known and releasing the documents would do little to taint a jury pool.

"There is an interest on the part of people who make life-and-death decisions because they believe Warren Jeffs is a prophet," said Belnap. "It seems to me there is an interest in letting people hear his words."

Salt Lake attorney Roger Hoole, who represents Elissa Wall, the woman at the center of Jeffs' rape as an accomplice conviction, said he wanted the documents released to his office under a protective order.

"One has to ask if Elissa Wall would have been pushed into that situation if this information had been made available then," Hoole said. "Warren Jeffs used the power of the president of the FLDS Cchurch and the power of the United Effort Plan to command her to marry and stay in that relationship. If the FLDS people were armed with this tape, maybe her struggle would have been more worth it."

Jeffs was convicted of conducting a spiritual marriage between Wall, an unwilling 14-year-old bride at the time, and Allen Steed, a 19-year-old cousin, and counseling the couple to multiply and replenish the earth. Steed, who testified at the Jeff's trial, has since been charged with one count of rape.

Hoole, who also represents a group of young men who claim Jeffs kicked them out of the FLDS church for minor infractions, said the content of the documents would "be a great shock" to Jeffs' loyal followers.

Bugden said he plans to file an appeal of the case and asked Shumate to hold off on releasing the documents for 10 days. Shumate denied that request.

Jeffs could receive life in prison on each count when he is sentenced Nov. 20.

---

E-mail: nperkins@desnews.com