Hildale evictee gets '08 trial
 
By Ben Winslow
Deseret Morning News
 
A federal magistrate judge has set a 2008 trial date for a Hildale man who is suing police officers and the government in the polygamous border town.

Andrew Chatwin filed a civil rights lawsuit against the town of Hildale and police officers Fred Barlow, Jonathan Roundy and Helaman Barlow. Chatwin accuses them of arresting him and evicting him from his own house under orders from Fundamentalist LDS Church leader Warren Jeffs.

Federal magistrate judge Brooke Wells cancelled a Wednesday hearing in the lawsuit, instead issuing a calendar that schedules a five-day jury trial beginning March 10, 2008. Wells said any settlement talks must wrap up by Aug. 31, 2007.

According to the lawsuit filed in April in federal court in Salt Lake City, Chatwin left his home under the care of his father in October 1996. Shortly after Chatwin left Hildale, he alleges Jeffs moved another man into the basement.

When Chatwin returned to Hildale in 2004, he claims he was blocked from moving into his own home.

"When Andrew Chatwin tried to do so, Warren Jeffs had some of his followers barricade Mr. Chatwin's house, preventing Mr. Chatwin from moving back into his house," lawyer David Holdsworth wrote. "On information and belief, Mr. Chatwin alleges one or more of the defendants assisted Mr. Jeffs' followers in keeping Mr. Chatwin out of his house."

While Chatwin was kept from his own house, he claims Jeffs moved more people in and out. When Chatwin was finally allowed in to visit his father, the police were called.

"Once on the scene, police officer Jonathan Roundy approached Andrew Chatwin and told him to get out of the house," the complaint said.

Chatwin claims he was handcuffed and arrested on suspicion of criminal trespass and disorderly conduct.

"In the meantime, Warren Jeffs ordered several men (nine to 10 non-police officers) into the house without Andrew Chatwin's permission to intimidate and/or force Andrew Chatwin to leave the house," Holdsworth wrote, adding that the police did not do anything to stop it.

When ex-FLDS member Isaac Wyler asked Roundy on what authority he was acting, he allegedly replied "Board of Trustees of the UEP."

The United Effort Plan Trust is the financial arm of the FLDS Church. It was recently reformed by a judge in Salt Lake City's 3rd District Court after allegations that Jeffs and other top FLDS leaders had been fleecing it. The $110 million trust is currently managed by Bruce Wisan, the court-appointed special fiduciary.

When Roundy was told the FLDS leaders who ran the UEP Trust were no longer in charge, the lawsuit claims the officer replied: "Bruce Wisan is just an accountant."

Lawyers for the police officers deny aiding Jeffs in keeping Chatwin from his home or from visiting his father. They do admit to handcuffing Chatwin and asking him to leave, but deny the rest of the allegations, lawyer Hal Armstrong said in his response filed in September.

Jeffs, 50, is currently jailed in southern Utah and facing criminal charges of rape as an accomplice, a first-degree felony. He is accused of performing a child bride marriage. Jeffs is scheduled to appear in St. George's 5th District Court on Nov. 21.

E-mail: bwinslow@desnews.com
 
deseretnews.com
Originally published Friday, November 10, 2006
 
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