Jeffs lawyers say evidence 'protected'

They may not be the scriptures of old, but Fundamentalist LDS Church leader Warren Jeffs' lawyers believe computers, thumb drives, recording devices, writings and other correspondence are protected under his right to freedom of religion.

With their client staring down the barrel of a federal grand jury indictment for unlawful flight to avoid prosecution, Jeffs' lawyers are trying to keep much of the FBI's evidence declared "protected" under the First Amendment.

"The government's retention of these sacred materials offends the most basic principles of the FLDS religion and violates Mr. Jeffs's rights under the First Amendment and (Religious Freedom Restoration Act)," attorney Walter Bugden Jr., wrote in a motion obtained Tuesday by the Deseret Morning News.

Bugden is now representing the polygamous sect leader on the federal charge. He did not return a phone call seeking comment Tuesday.

"We're reviewing the motions," said U.S. Attorney for Utah spokeswoman Melodie Rydalch, declining further comment.

On Aug. 28, 2006, a Nevada Highway Patrol trooper stopped a Cadillac Escalade outside Las Vegas. Inside was Jeffs, who was on the FBI's Ten Most Wanted list, one of his wives and one of his brothers.

A search warrant return indicates that inside the Escalade, FBI agents seized four laptop computers, four thumb drives, two portable hard drives, two GPS units, 16 CDs, a digital camera with six memory sticks, 13 religious books, folders of religious documents and a duffle bag of letters, three wigs, 12 pairs of sunglasses, eight sets of car keys, 16 cell phones, 19 pre-paid Visa debit cards and more than $57,000 in cash, among other items.

An affidavit said the FBI was looking for any evidence of Jeffs' time on the run and who helped him avoid arrest. Bugden said in his motion that the government keeping any religious documents not related to the criminal case violates Jeffs' constitutional rights.

Just after the FLDS leader's arrest, his Las Vegas attorney filed an emergency motion in a Nevada federal court to seal any constitutionally protected religious records. Arguments on that are scheduled later this month.

Deseret Morning News graphic    Jeffs Search Warrant (827kb .pdf file)

A deal was initially struck between the government and Jeffs' lawyers to have a "taint team" review the documents. Federal officials would also provide copies of the seized documents so defense lawyers could decide if they were "protected" religious documents.

However, Bugden claims that the next day, the FBI got a warrant for electronic and paper records seized from the Cadillac, saying it may contain evidence of Jeffs' alleged flight to avoid prosecution.