Remarks by Jeffs to stay sealed

ST. GEORGE — Recorded jailhouse statements made by polygamist leader Warren Jeffs will remain under seal, a 5th District judge ruled Tuesday.

"Those statements are of such a nature that to disseminate them in any way, shape or form would not only impair the right of the defendant to a fair trial but would place such a cloud over this litigation that I would not feel confident in picking a jury anywhere in the state of Utah," Judge James L. Shumate said after reviewing the statements in his chamber with attorneys.

Defense attorney Walter Bugden called Jeffs' jailhouse statements potentially "very, very inflammatory." The Deseret Morning News reported earlier that Jeffs, in a jailhouse conversation with one of his brothers, had said he was not a prophet and had never been a prophet.

Shumate will hear arguments between the state and defense on Friday in his chambers over whether the jailhouse statements should be admissible as evidence in Jeffs' trial. The judge left open the possibility that he would release redacted transcripts of the jailhouse conversations once the trial is over.

Also on Friday, Shumate will hear arguments from the defense team over whether to allow the jury to hear from two potential prosecution witnesses, Richard Holm and Jethro Barlow. Both men are former members of the Fundamentalist LDS Church, which now is headed by Jeffs, whom they allege began to control church members' lives in a "sinister" and "intrusive" manner.

In court papers filed Tuesday, Bugden said the two men had no direct knowledge of the case before the court and their opinions about Jeffs were irrelevant and could be prejudicial to the jury.

Jeff Hunt, attorney for the Deseret Morning News and other Utah media, argued that testimony from the two men would not prejudice a jury.

"There is no purpose served by shutting the courthouse doors and denying the public the opportunity to observe the court at work," said Hunt. "If you do this behind closed doors, there will still be press coverage. It's not going to make a difference."

Bugden argued that the media had already portrayed his client as an "evil, bad person. We already have substantial reason to believe that people in Washington County have already judged my client," said Bugden, referring to a public-opinion poll conducted by Dan Jones & Associates that showed more than 90 percent of Washington County residents get their information from the media and know about the Jeffs' trial.

Shumate said he also was concerned about selecting an unbiased jury, but he was committed to doing his best to seat one.