Lawyers for an ex-member of the Fundamentalist LDS Church want a judge to hold Warren Jeffs, leader of the polygamous sect, in contempt of court.
Wendell Musser's attorneys are asking to have Jeffs remain in jail one day for each day he refuses to answer questions about the location of Musser's estranged wife and 2-year-old son. In court papers filed Tuesday in St. George's 5th District Court, the lawyers also seek financial penalties.
It comes after last week's deposition of the FLDS leader at the Purgatory Jail went nowhere.
"Based upon the advice of my counsel, I decline to answer the question because my answer may be used against me contrary to the protections afforded me by the Fifth Amendment of the United States Constitution," Jeffs said in a transcript of the deposition obtained Wednesday by the Deseret Morning News.
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Jeffs repeated that statement to most of the questions asked by Musser's attorney, Roger Hoole.
"Jeffs refused to answer even the most innocuous of questions, including whether or not he knew Wendell Musser, recognized his picture or would be willing to talk to him," Hoole wrote in a motion for sanctions filed in court.
Musser sued Jeffs earlier this year, claiming the FLDS leader separated him from his wife and son after Musser was arrested for DUI. When Jeffs was a fugitive, Musser was a caretaker for some of his wives.
A judge had ordered Jeffs to give up the location of Vivian Musser and her son, Levi, who recently turned 2. If he did not, the judge said Jeffs would be sanctioned $600 per day from his jail commissary account and would have to give a deposition.
Last week, Jeffs was accompanied by one of his criminal defense attorneys, Richard Wright, for the deposition. Wright said in the transcript that Jeffs has no lawyer representing him in the civil suit, but he was there to protect Jeffs' constitutional rights as a criminal defendant.
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