| Jeffs' lawyers seek venue change Attorneys claim too much pre-trial publicity | |
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By Patrice St. Germain patrices@thespectrum.com | |
HURRICANE - Attorneys for Warren Steed Jeffs, 51, filed several motions in 5th District Court Tuesday morning, including a request for a change of venue, a motion asking for his bindover for trial to be quashed and a motion declaring a Utah code as "unconstitutionally vague." Jeffs, the self-proclaimed prophet of the Fundamentalist Church of Jesus Christ of Latter Day Saints, whose followers embrace the practice of polygamy, is facing two felony charges of rape as an accomplice. A two-week jury trial has been set to begin April 23. In the motion to change venue, Jeffs' attorneys Walter Bugden and Tara Isaacson, Salt Lake, and Richard Wright, Las Vegas, claim that because of media coverage and the size and closeness of Washington County and Hildale, a fair and impartial jury cannot be found in the county. Washington County Attorney Brock Belnap said he received a copy of the motions and said his office is reviewing them and preparing a response. "I am confident a fair and impartial jury can be empanelled in Washington County," Belnap said. "Under law, a person is presumed innocent until proven guilty and I look forward to presenting our arguments in court." Bugden declined to comment on the motions and said he would make his arguments to the judge. "I don't feel extra-judicial comments are needed at this time," Bugden said. A memorandum in support of the change of venue request includes a survey by Dan Jones and Associates that states that substantially more people in Washington County believe Jeffs is "definitely guilty" than those who reside in Salt Lake County. Brigham Young University journalism professor Joel Campbell said the Jeffs case has received wide attention throughout the state. "I do think it would be hard to find a jury pool that would be any less informed or had less media exposure anywhere else in the state because that case has been receiving a lot of coverage throughout the state," Campbell said. Salt Lake attorney Rodney Parker represented Rodney Holm, a former Hildale police officer and member of the FLDS church, in his 2003 trial in Washington County. Holm was convicted on one charge of bigamy and two counts of unlawful sexual conduct with a minor stemming from his 1998 marriage to his third wife - then his 16-year-old sister-in-law. Parker said he considered having the trial moved to Salt Lake County because of the publicity surrounding the case but felt there were very negative impressions of the FLDS Church without any balance. He thought his client would be better served by having a jury that although it was exposed to negative accounts of the FLDS lifestyle, also had personal experience with the fundamentalists. "When we picked the jury in the case, it was less true than I thought it would be," Parker said. "I though the balance would be better in Washington County versus Salt Lake County." But Parker said that also depends on who is tapped for the jury and said the pool of potential jurors has grown significantly in the last few years in Washington County. Parker also said an important consideration is the judgepresiding overthe case. Judge Rand Beacham heard the Holm case while Judge James E. Shumate is the judge for the Jeffs case. While Parker said what he experienced in the Holm case did not bear out his preconceived notion, he said if he had to do the case over again, he would have the case tried in Washington County. "I don't think I would have had a different response in Salt Lake County (regarding the verdict) and ended up with better sentencing in Washington County," Parker said. "With some hindsight, I think we made the right decision." Jeffs' attorneys are also claiming that Utah Code 76-5-406(11), which addresses sexual offenses against the victim without concern of victim, is unconstitutionally vague. One section of the memorandum states that the code unconstitutionally violates the First Amendment right to free exercise of religion. Bugden has always maintained that the case against is client is nothing but religious persecution while Belnap has said the case was not about religion or polygamy. In the motion to quash bindover, the argument is that the magistrate erred in binding Jeffs for trial on the two counts that carry a five-year to life sentence for each count. The memorandum states the prosecution did not produce believable evidence on several issues. | |
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TheSpectrum.com Originally published March 7, 2007 | |
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