| Jeffs in jail until November FLDS leader waives right to have hearing within 30 days | |||
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By Ben Winslow Deseret Morning News | |||
ST. GEORGE — Captured polygamist leader Warren Jeffs said he is willing to remain in jail until his preliminary hearing in November. During a brief scheduling hearing here in 5th District Court on Wednesday, Judge James L. Shumate asked Jeffs if he waived his right to have a hearing within 30 days. "Is it all right with you?" Shumate asked. "Yes," Jeffs said softly, nodding his head in agreement. Appearing in person, Jeffs was brought in under heavy security. The Fundamentalist LDS Church leader wore a crisp black suit, a starch-white dress shirt and a white tie. Underneath, a bullet-proof vest was faintly visible. Jeffs was flanked by his defense lawyers. There were so many of them, the judge had to ask deputies to move to accommodate them. "Mr. Bailiff, would you step over just to the side of Mr. Jeffs there so Mr. Bugden can have a spot?" Shumate asked, waving a Washington County sheriff's deputy over. Jeffs was surrounded by deputies. Outside the courtroom, deputies carrying assault rifles were standing guard. The St. George Police Department deployed its SWAT team outside the courthouse. During the seven-minute hearing, the judge set a preliminary hearing for Nov. 21, when he will also review the issue of bail. The judge said it was "troublesome" that Jeffs had remained behind bars for so long without bail being addressed. The courtroom was packed with news reporters, investigators, observers, ex-FLDS members and even a pair of Jeffs' faithful followers. As Jeffs was being led out the courtroom, his brother Nephi Jeffs and FLDS member Lindsey Barlow stood in what appeared to be a show of respect for their prophet. The men bolted from the courthouse after the hearing, refusing to answer reporters' questions. Ezra Draper, who left the FLDS Church several years ago, said he wanted to see Jeffs for himself. "The ironic thing about this situation is that he will have the opportunity to present his defense," Draper said. "In his administration in the FLDS Church, people were tried without a trial, found guilty and cast away." Jeffs is accused of purging dozens of people from within the FLDS Church in Hildale, Utah, and Colorado City, Ariz., re-assigning polygamous wives and children to other families. It was allegations of child-bride marriages to older men that began putting him under intense focus of law enforcement. A representative from the U.S. Attorney's Office in Utah was also in the courtroom Wednesday, observing the proceedings. "We remain interested in the case. We're preserving the options that we may have," U.S. Attorney's spokeswoman Melodie Rydalch told the Deseret Morning News as she left the courthouse. Federal prosecutors have refused to drop an unlawful flight to avoid prosecution warrant against Jeffs and have threatened to indict him on it should he be granted bail. Jeffs, 50, is charged here with two counts of rape as an accomplice, a first-degree felony. He is accused of forcing an underage girl into a polygamous marriage with an older man. When she objected, prosecutors allege the FLDS leader threatened her "salvation." The girl, identified in court papers only as "Jane Doe IV" will testify at the preliminary hearing in November. "The victim is doing well. She is looking forward to testifying and looking forward to having her day in court," said deputy Washington County attorney Brian Filter. Prosecutors have told the Deseret Morning News they are screening more possible charges against Jeffs. Filter said it is also possible Jane Doe IV's husband could also face rape charges. "There is a possibility he will be charged," he said Wednesday. Defense lawyers suggested this may be a case of religious persecution against Jeffs and his followers. "Absolutely," attorney Wally Bugden said to that question as he left the courthouse after meeting behind closed doors with the judge. Moving quickly through a throng of reporters, Bugden said he will vigorously defend Jeffs. "We're going to have a preliminary hearing, just one step at a time. We intend to confront the witnesses against us and there will be cross-examination at the preliminary hearing," he said. Jeffs was on the FBI's Ten Most Wanted list until he was arrested during a traffic stop outside Las Vegas last month. E-mail: bwinslow@desnews.com | |||
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deseretnews.com Originally published Thursday, September 28, 2006 | |||
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