Chatwin fights eviction in court
 UEP lawsuit being heard in Kingman, Ariz.
 
By Dave Hawkins
For The Spectrum
 
KINGMAN, Ariz. -- A Colorado City woman testified Tuesday that the leader of the predominant church of the northern Arizona community and the neighboring town of Hildale, Utah ordered her to reject her husband so that he would be "disciplined."

"As part of that discipline he asked that I not sleep with my husband," Lori Chatwin said of her conversation with Warren Jeffs, the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Jeffs also has control of the United Effort Plan, the financial arm of the church, which owns most of the land in Colorado City and Hildale.

Chatwin's testimony was given in Mohave County Superior Court in Kingman where Judge James Chavez is hearing the UEP lawsuit to evict her husband Ross Chatwin, 35, from the property he was allowed to occupy in January 2001. The case wasn't resolved after more than six hours of testimony Tuesday.

UEP attorney Rodney Parker urged Chavez to strike Chatwin's testimony about the disciplinary directive, but it was allowed after Chatwin's attorney Joan Dudley insisted it was relevant as evidence of church influence over citizens.

The border towns of Colorado City and Hildale, where polygamy is commonly practiced, have been under a microscope since the church excommunicated 20 men Jan. 10, telling them to vacate their property, leaving their wives and children behind.

Ross Chatwin has one wife and six children, but was removed from church membership separate and apart from the mass excommunication. He testified Tuesday he was ordered to leave his home through a letter received Jan. 27.

"I have refused to vacate the property until I hear from the judge through regular court proceedings," Ross Chatwin said.

From the home he's been asked to vacate, Ross Chatwin held a Jan. 23 press conference during which he likened Jeffs to Adolph Hitler.

Parker argued that Ross Chatwin is "a tenant at will" subject to eviction at the whim of the UEP. He said the UEP is free to order residents to vacate trust-owned homes when they do not live up to the ideals of the church.

"Mr. Chatwin is not a tenant, he has never been given a lease," Dudley said.

Ross Chatwin rebuffed suggestion that he engaged in behavior that would subject him to loss of status as a church member and he testified he'd been raised to believe that he would be a lifelong tenant of UEP-held property.

Dudley complained that Jeffs, UEP trustee "Uncle Fred" Jessop, and Nephi Barlow did not attend Tuesday's hearing. Parker said the defense failed to serve subpoenas in the proper manner which could have compelled the appearances of the witnesses.

Judge Chavez said he was reluctant to provide Dudley additional time to accomplish service, but would allow it should she convince him through briefs that the witnesses were properly served.

Judge Chavez also set a March 18 hearing for attorneys to present their closing arguments before he contemplates his ruling.
 
TheSpectrum.com
Originally published Wednesday, March 3, 2004
 
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