Suit claims Jeffs separated man from family

Husband is seeking to be reunited with his wife, young son

Published: Monday, May 7 2007 4:46 p.m. MDT

Wendell Musser loyally served Fundamentalist LDS Church leader Warren Jeffs — and paid for it with his family.

He has filed a lawsuit against Jeffs in St. George's 5th District Court, accusing the polygamous sect leader of alienation of affection, interference with parental obligations, emotional distress and invasion of privacy. Jeffs, who is in jail, is expected to be served with the lawsuit in the next few days.

"The primary purpose of this is to get him reunited with his son and his wife," Musser's attorney Roger Hoole said Tuesday.

Musser was a faithful follower of Jeffs. At age 19, he was given a bride — 17-year-old Vivian Barlow.

"On April 1, 2004, Warren performed Wendell and Vivian's 'spiritual marriage,' without a marriage license, in a room at the Holiday Inn Express in Kanab, Utah," Hoole wrote in the lawsuit filed last week. "Warren also commanded Wendell and Vivian to multiply and replenish the earth and to raise up good priesthood children."

Although it was an arranged marriage, Musser claims in the lawsuit that he and Vivian fell in love. In July 2005, the couple had a child — a bright eyed, smiling boy named Levi.

In December 2005, Wendell Musser was called on a "mission." He was to be a courier for Warren Jeffs and a caretaker for several of the FLDS leader's wives.

"Over the next seven months, Wendell and his family lived in secret homes located in Williamsburg, Florence and West Cliff, Colorado assisting those of Warren's wives who resided at those locations," Hoole wrote.

This was about the same time Jeffs was considered a fugitive. In April 2006, he was charged in 5th District Court with rape as an accomplice, a first-degree felony. He is accused of performing a marriage between a 14-year-old girl and her 19-year-old cousin.

A short time later, Jeffs was elevated to the FBI's Ten Most Wanted list. He stayed on the list until his capture in August 2006 during a traffic stop outside Las Vegas.

The lawsuit claims the stress of caring for the fugitive leader's wives took its toll. Occasionally, Musser would drink and was once arrested for DUI.

"That mistake was enough for the Prophet to separate Wendell from his family," Hoole wrote.

Jeffs' brother, Lyle Jeffs, told Musser he was being stripped of his priesthood and was to leave his family, return to the polygamous communities of Hildale, Utah, and Colorado City, Ariz., and write letters of repentance to the prophet.

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