A mistrial is declared in polygamist kidnapping case

ST. GEORGE — A judge has declared a mistrial in the case of a man who claims he was "rescuing" his family from the clutches of polygamist leader Warren Jeffs.

After Thomas Vaughn Barlow was kicked out of the Fundamentalist LDS Church in 2003, his lawyer said Barlow's wives were reassigned — to his brother.

"Warren went to Mr. Barlow's two wives and said, 'He's unworthy. He can't save you. You need to leave him or you'll go to hell,"' Travis Christiansen said Friday. "Mr. Barlow felt he had an obligation to try and protect his family."

Barlow, 47, went on trial Friday in St. George's 5th District Court on charges of attempted kidnapping, a third-degree felony; assault, a class A misdemeanor; and commission of domestic violence in the presence of a child, a class B misdemeanor.

But Judge James L. Shumate was forced to declare a mistrial after a town marshal in the polygamous border town of Hildale failed to hand over a medical report to prosecutors and the defense until a jury had been impaneled Friday.

A pair of witnesses, including Barlow's ex-wife and the alleged kidnap victim, Terri Shapley, had already testified. During the lunch break, deputy Washington County Attorney Ryan Shaum said he learned of the document from the Hildale officer.

"It's unfortunate we couldn't get the merits of the case before the jury," Shaum said Friday. "We have been working on this case for two years."

According to a probable cause statement obtained by the Deseret Morning News, Barlow was accused of trying to kidnap one of his ex-wives in August 2004.

"Thomas Barlow assaulted his ex-wife and forced her and her infant child into his semi-truck," Hildale/Colorado City Town Marshal Helaman Barlow wrote. "I arrested him and transported him to Purgatory."

Helaman Barlow, who handed over the medical report that resulted in Friday's mistrial, left the courthouse refusing to speak to reporters.

Christiansen characterized the attempted abduction as a "rescue."

"My belief is that Mr. Barlow realized that Warren Jeffs in his mind became a fallen prophet, and he felt he had a duty to rescue his family that he loved and cared for deeply," Christiansen told the Deseret Morning News.

"Whatever it is under the technical rules of the law," he added, "he was acting to rescue his family from a madman."