From Deseret News archives:
Sifting through volumes of FLDS evidence proving to be tedious
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"Doctors want to get to that information," the judge said, adding she didn't see how such records applied to an attorney-client privilege.
Some records that might apply to that standard, however, were briefly addressed Monday, including documents labeled "bishop's records" and "letters to Warren Jeffs."
Switzer said he considers the Jeffs letters privileged because Jeffs is considered the prophet of the FLDS Church. The judge wasn't so sure.
"Just because it says Warren Jeffs on it, everything he says is spiritual advice?" the judge asked.
Switzer said Jeffs has dual legal roles in many letters, as a friend and a spiritual leader. "A letter may say, 'I love you,' but then ask for spiritual advice," he said.
The "bishop's records" is also an issue likely to be addressed in the future. While Walther said she could see "nothing spiritual" and therefore nothing privileged about a list of church members, attorney Gerald Goldstein would not concede. He said such a membership list may be protected because its release may violate church members' rights of free association and free speech.
Officers raided the ranch for several days earlier this month as part of an investigation into sexual, physical and emotional abuse of children there. An 88-page search warrant return listed items seized from the property, which included photographs, computers, hard drives, journals and identification papers, dozens of collections of "white clothing," "temple clothes," cameras, cell phones, scriptures, children's notebooks, tax records, writing assignments, report cards, baby books, letters from attorneys, and a paper entitled "My Testimony."
The search warrant return also lists several pages of "miscellaneous documents" from cardboard boxes in addition to "prison mail," "mail from Canadian Saints" and "mail from houses in hiding."
E-mail: bwest@desnews.com
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