Defense attorneys have asked to move the trial from St. George to Salt Lake County, citing the overwhelming amount of media coverage that has surrounded the polygamist leader.

"Jury selection is the most important moment in a trial," Bugden told the judge.

To bolster his case, Bugden put Deseret Morning News pollster Dan Jones on the witness stand. Jones insisted Jeffs could not get a fair trial in St. George. Jones' poll found that in Washington County, 52 percent of those surveyed believe Jeffs is "definitely guilty" and 23 percent believe he is "probably guilty." In contrast, 39 percent of those surveyed in Salt Lake County believe Jeffs is "definitely guilty" and another 39 percent believe he is "probably guilty."

"I believe Salt Lake County is the county in which this defendant can get a more fair trial than in Washington County," Jones said, pounding his fist on the witness stand.

Prosecutors and the judge took issue with his conclusions, saying the size of the jury pool would be the same in Washington County as it would be in Salt Lake City.

Defense lawyers pointed to the immense media coverage of Jeffs, who was once on the FBI's Ten Most Wanted list. Shumate came close to granting their request, lashing out at a St. George-area newspaper, in particular.

"When the court sees the kind of language submitted to it by the local media, the ability to find a reasonable likelihood is substantially impaired," the judge said, looking at reporters in the courtroom. "What I do not know is if it has been fatally impaired. I cannot know until I impanel a jury."

Shumate said that if during jury selection it becomes obvious he could not seat an impartial jury, he would move the trial to Salt Lake County.

The judge also denied a pair of motions challenging Utah's rape-as-an-accomplice law and the order binding Jeffs over for trial. Lawyer Richard Wright argued the statute is too broad and anyone would be open to prosecution.

"It is plain and simple arbitrary enforcement," Wright said, challenging the rape law as unconstitutionally vague.

Challenging the judge's decision to bind Jeffs over for trial, defense attorney Tara Isaacson said the idea of a "husband-wife" relationship being a "position of trust" could be applied too broadly to other cultures. Isaacson also claimed the FLDS leader was unaware of any non-consensual sex taking place between the alleged victim and her husband in this case.

"It was a reasonable belief of Mr. Jeffs that there would be consensual intercourse," she said.

The judge denied the motion, saying his initial decision was appropriate.