New evidence could derail Warren Jeffs conviction

SALT LAKE CITY — New evidence has emerged that could potentially derail the Utah criminal conviction of Fundamentalist LDS Church leader Warren Jeffs.

Jeffs is currently serving a prison term after a jury in 2007 found him guilty of rape by accomplice for presiding over a "spiritual wedding" ceremony of a 14-year-old girl and her 19-year-old cousin.

The Utah Attorney General's Office on Thursday said records produced at trial that were provided by a Canadian midwife were not her original records. The midwife had attended to the girl, Elissa Wall, who had a miscarriage and made statements about her sexual relationship with the man.

Arizona prosecutors, who also are pursuing criminal charges against Jeffs, discovered problems with the records used in the Utah trial and informed law enforcement officials here.

"Two days ago, the Arizona prosecutor reported to the Utah trial prosecutors that there exists a possibility that Exhibit 43 does not contain the midwife's original records. The Arizona prosecutor further reported that Exhibit 43 may contain records created by the midwife after the fact and in preparation for the Utah trial because the midwife had lost her records," says a statement from the Utah Attorney General's Office.

"According to the Arizona prosecutor's report, it is possible that Elissa — either wittingly or unwittingly — helped the midwife in re-creating the records," the statement says.

Washington County Attorney Brock Belnap told the Deseret News in an e-mail Wednesday he had "received information (Tuesday) that may have an impact on the case. Until I've had a chance to analyze it completely and discuss it with the prosecution team and lawyers, it's premature to predict what will happen."

Law enforcement officials also confirmed they are looking into allegations regarding Jeffs' case, but they declined to elaborate.

"We do have an active investigation that is being carried out by the sheriff's office, but there are no details that we can disclose," Washington County Undersheriff Jake Adams said.

Jeffs is appealing his conviction of two counts of an accomplice to rape, a first-degree felony, to the Utah Supreme Court. He was sentenced to two consecutive prison terms of five years to life.