From Deseret News archives:

Judge unseals Jeffs evidence despite attorney's protest

Published: Wednesday, Nov. 7, 2007 12:56 a.m. MST
 |  E-MAIL | PRINT | FONT + - 
ST. GEORGE — Evidence once filed under seal in the Warren Jeffs rape case, including excerpts of jailhouse conversations and a competency evaluation, were made public on Tuesday following a hearing in 5th District Court.

Additional information
 » Court filings: State of Utah v. Warren Steed Jeffs
The request to unseal the documents was filed by media outlets and a private investigator working for an attorney suing the polygamist sect leader.

Defense attorney Wally Bugden argued that releasing the documents would prove prejudicial to Jeffs and make it extremely difficult to seat a fair and impartial jury in upcoming cases.

Story continues below
"There are five criminal cases in Arizona, and if you were to release those documents right now we absolutely believe it would seriously jeopardize Warren Jeffs' right to a fair trial," Bugden told Judge James L. Shumate. "You already concluded that releasing that information would be too prejudicial."

But Judge James L. Shumate said the only reason he sealed the documents in the first place was to protect the jury pool.

"The court's ruling to keep the matter under seal was, frankly in my mind, a way to enable the court to impanel an impartial jury in Washington County," the judge said. "That was why I wanted it sealed."

Shumate said he had no doubt that an unbiased jury could be seated in Mohave County, Ariz., where Jeffs is facing charges of sexual misconduct with a minor as an accomplice and incest as an accomplice.

Bugden urged Shumate to consider the privacy rights of those who visited Jeffs in jail, arguing that they were entitled to know their conversations "would not be released to the world," even though they were recorded by jail officials for law enforcement purposes.

"They would never in a bazillion years think that simply because they were talking in a jailhouse setting that it would be released on the evening news," Bugden said.

About one dozen followers of Jeffs attended Tuesday's hearing and stood when Jeffs entered the courtroom. Jeffs , who was wearing a suit, white shirt and bright blue tie, smiled and nodded to his followers before sitting down next to his attorneys.

Comments

You can be the first to comment on this story.

Related content
previousnext

Latest comments

Does this third bailout to Government Motors mean more of our limited tax...

Alta's Ohai is Ms. Soccer 2009

I just want to say i have had the pleasure to coach Kealia. I so happy for...

I say, if we are going to pass a health care bill, let's be smart about it....

Should I be upset at my ancestors for coming to the USA from Britain? I had...

Hatch empathizes with Muslims

Were there any Muslims attacked? ============= Dude, where have you been?...

To "jackhp | 12:00 p.m. " so what you are saying is that it is better to for...

Letters: Liberal rant amusing

RE Looking Back | 6:50 a.m. You are only seeing the part of history that...

'Just what we need another law which duplicates law already on the books.' ...

We are cheering because we barely won in NY? Oh how far this franchise has...

Jazz blow big lead, hang on

They are like little kids licking popcicles and playing playstation vidio...

Advertisements
Advertisement