Jailed polygamist leader wants a new trial

Published: Wednesday, Dec. 5 2007 10:36 a.m. MST

ST. GEORGE — Jailed polygamist-sect leader Warren Jeffs, convicted in September of two counts of rape as an accomplice, is seeking a new trial.

Attorneys for the 52-year-old leader of the Fundamentalist LDS Church filed a motion for a new trial on Tuesday in 5th District Court. Jeffs was sentenced Nov. 20 to serve two consecutive terms of five years to life at the Utah State Prison.

According to the motion, a new trial is warranted under Utah criminal procedure rules because "errors and improprieties occurred during the trial" that affected Jeffs' constitutional rights to due process and a fair trial.

The motion offers no detail or insight into what kind of errors and improprieties the defense believes occurred during Jeffs' trial.

During the final hours of jury deliberation, Judge James Shumate released a female juror from the panel and replaced her with an alternate juror.

At the time, the judge said there had been "an event" with the juror who was replaced. Less than three hours after the juror was replaced, the new jury panel returned with guilty verdicts on both counts.

Defense attorneys Wally Bugden and Tara Isaacson had unsuccessfully argued for a dismissal of charges and a change of venue early in the proceedings.


E-mail: nperkins@desnews.com

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