Deal struck over Jeffs' evidence?

Federal prosecutors say they have struck a deal with Fundamentalist LDS Church leader Warren Jeffs over documents, letters and other evidence seized when he was arrested.

That deal voids any claims Jeffs has that the documents are privileged communications between the polygamist leader and his followers, the U.S. Attorney's Office for Utah said in a motion asking a federal judge to dismiss the evidence-dispute case in Nevada.

Download PDF file FBI agent's affidavit Requires Adobe Acrobat.

Jeffs' lawyers maintain the documents are protected under his First Amendment right to freedom of religion. Richard Wright, Jeffs' Nevada attorney, was out of town and did not return a call seeking comment Wednesday.

In court documents filed in federal court in Las Vegas, the U.S. Attorney's Office revealed that a deal was made with Jeffs in the days following his arrest.

"The United States would provide Mr. Jeffs' counsel with copies of all documents and imaged computer files seized from the Escalade so that Mr. Jeffs and his counsel could designate which items they believed to be privileged," assistant U.S. Attorney Jared Bennett wrote, adding that Jeffs agreed to it.

Jeffs, 51, was a fugitive on the FBI's Ten Most Wanted list until his capture in a traffic stop near Las Vegas last August. Jeffs was in a Cadillac Escalade with one of his wives and his brother when they were pulled over by a Nevada Highway Patrol trooper because the vehicle's temporary tag wasn't visible.

In an affidavit obtained by the Deseret Morning News on Wednesday, an FBI agent revealed more details about Jeffs' arrest. Conflicting stories raised suspicions about a man in the car who identified himself as "John Findley."

"The driver of the Escalade was removed from the vehicle for questioning, whereupon he told the trooper that he and his two companions in the Escalade were on a one-week vacation," FBI Special Agent Martin Schwarz wrote. "The driver stated that they had been to San Francisco, Calif., to see the ocean and that they were travelling to Hilldale (sic), Utah."

The trooper questioned "John Findley," who said they were on their way back to Denver.

After getting the driver's consent to search, the trooper found envelopes addressed to "President Jeffs" and two yellow envelopes containing cash, debit cards and tools. FBI agents arrived on the scene and spoke to "John Findley," who admitted he was Warren Jeffs.

A search warrant for the Escalade was filed days later.

"The FBI inventory found numerous items, including hundreds of documents, computers, cash, debit cards, several electronic devices, wigs, and masks," Schwarz wrote.