From Deseret News archives:

FLDS leader's lawyers seek dismissal of indictment

Published: Friday, May 16, 2008 10:21 a.m. MDT
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The defense team attacks the state's theory that Jeffs' word is absolute. In the case involving Elissa Wall and Allen Steed, they say that Jeffs is charged as an accomplice strictly because of his position in the church.

"Mr. Jeffs assisted his father, Rulon Jeffs, in performing a marriage between (the alleged victim) and Allen Steed that took place with parental consent and the consent of all concerned parties," the attorneys wrote. "After the marriage, Warren Jeffs counseled the couple, in accordance with FLDS religious teachings, that married couples should have children."

Steed is charged in St. George's 5th District Court with rape stemming from his 2001 marriage to Wall, who was the star witness in Utah's criminal case against Jeffs. The FLDS leader was convicted last year in St. George of two counts of rape as an accomplice and was sentenced to serve up to life in prison for the marriage between the then-14-year-old Wall and Steed, her 19-year-old cousin.

Wall is also a witness in one of the Arizona cases, has filed a civil lawsuit against Jeffs and the FLDS Church, and recently released her autobiography, entitled "Stolen Innocence." Since its release on Tuesday, the book is ranked No. 52 on Amazon.com's best-seller list.

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Defense attorneys accuse prosecutors of eliciting hearsay from ex-FLDS members presented as "experts on all things FLDS."

"The prosecutor also gratuitously injected Mr. Jeffs' statements to his brother wherein he apparently had a temporary crisis of faith about his position in the church," they wrote, referring to taped conversations Jeffs had with his brother, Nephi, while incarcerated in Hurricane's Purgatory Jail.

The Deseret News first reported last year on those conversations in which Jeffs renounced his role as "prophet" of the FLDS Church, but recanted it. Jeffs' portrait still hangs in the homes of FLDS faithful, who still consider him their leader.

Defense case

Pursuant to Arizona court rules, lawyers for Jeffs filed notice of their possible defenses, including: no intent, knowledge nor requisite mens rea (guilty mind), factual innocence, mistake of fact, mistake of law, consent, insufficiency of prior conviction, someone else committed the alleged offense and violation of Jeffs' constitutional rights.

The defense witness list filed in the Mohave County Superior Court includes an expert on polygamy, anyone listed in police reports or the grand jury transcript, and numerous FLDS members. Allen Steed is also on the defense list in the case involving his ex-wife.

Recent comments

FOR ANONYMOUS 4:46 May16,

The Deseret News, had no reason to...

Sharon | May 16, 2008 at 6:22 p.m.

Gays will marry. Two people who love each other. They tend to be...

cosmo: | May 16, 2008 at 6:10 p.m.

REPLY TO ANONYMOUS 4:46 May 16

I am also impacted by the sad...

Sharon | May 16, 2008 at 6:07 p.m.

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