Media file motion in Jeffs' case

Deseret Morning News graphic   Motion    Notice    Letter to Judge Shumate

ST. GEORGE — A coalition of Utah media outlets on Wednesday asked 5th District Judge James L. Shumate to allow the media access to documents the court earlier had sealed in the Warren Jeffs' criminal case.

The coalition includes The Associated Press, the Deseret Morning News, The Salt Lake Tribune, KSL-TV, the St. George Spectrum and the Utah Headliners Chapter of the Society of Professional Journalists.

"A petition and order were filed under seal on April 3 by Judge Shumate with no explanation as to why or on what basis the decision was made," said David Reymann, a lawyer representing the group. "In order to restrict access to court documents, the judge needs to apply the constitutional test and find a compelling interest that outweighs the public's interests, and I don't know if he did that."

Under the test, said Reymann, anyone seeking to deny public access to criminal proceedings has the burden of demonstrating that closure serves a compelling governmental interest and that there is no other, less-restrictive alternative to closure that would protect the compelling interest.

Shumate indefinitely continued a hearing set for Monday that would have addressed evidence in the polygamous-sect leader's case. No new court date was set.

Jeffs, 51, is the leader of the Fundamentalist LDS Church. He remains incarcerated in Purgatory Correctional Facility on two felony charges of being an accomplice to rape for allegedly performing a marriage between a 14-year-old girl and her 19-year-old cousin.

Among the documents faxed by Reymann to the court and mailed to attorneys on both sides late Wednesday afternoon are a notice of appearance and request for notice of motions to close or seal judicial proceedings or records; a notice for limited intervention by the coalition in the Jeffs' case; and a six-page letter to Shumate that outlines the coalition's concerns.

In his letter to the judge, Reymann asked the judge to set a court date to hear the coalition's arguments. If the judge does not set a hearing in the matter, Reymann said, the coalition would file a formal motion to unseal the documents.

"The judge either needs to unseal the documents or hear us on the matter," he said.

---

E-mail: nperkins@desnews.com