By Ben Winslow
Deseret Morning News [Utah]
January 25, 2007
http://deseretnews.com/dn/view/0,1249,650225814,00.html
Federal prosecutors say they have struck a deal with Fundamentalist LDS Church leader Warren Jeffs over documents, letters and other evidence seized when he was arrested.
That deal voids any claims Jeffs has that the documents are privileged communications between the polygamist leader and his followers, the U.S. Attorney's Office for Utah said in a motion asking a federal judge to dismiss the evidence-dispute case in Nevada.
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| Warren Jeffs |
Jeffs' lawyers maintain the documents are protected under his First Amendment right to freedom of religion. Richard Wright, Jeffs' Nevada attorney, was out of town and did not return a call seeking comment Wednesday.
In court documents filed in federal court in Las Vegas, the U.S. Attorney's Office revealed that a deal was made with Jeffs in the days following his arrest.
"The United States would provide Mr. Jeffs' counsel with copies of all documents and imaged computer files seized from the Escalade so that Mr. Jeffs and his counsel could designate which items they believed to be privileged," assistant U.S. Attorney Jared Bennett wrote, adding that Jeffs agreed to it.
Jeffs, 51, was a fugitive on the FBI's Ten Most Wanted list until his capture in a traffic stop near Las Vegas last August. Jeffs was in a Cadillac Escalade with one of his wives and his brother when they were pulled over by a Nevada Highway Patrol trooper because the vehicle's temporary tag wasn't visible.
In an affidavit obtained by the Deseret Morning News on Wednesday, an FBI agent revealed more details about Jeffs' arrest. Conflicting stories raised suspicions about a man in the car who identified himself as "John Findley."
"The driver of the Escalade was removed from the vehicle for questioning, whereupon he told the trooper that he and his two companions in the Escalade were on a one-week vacation," FBI Special Agent Martin Schwarz wrote. "The driver stated that they had been to San Francisco, Calif., to see the ocean and that they were travelling to Hilldale (sic), Utah."
The trooper questioned "John Findley," who said they were on their way back to Denver.
After getting the driver's consent to search, the trooper found envelopes addressed to "President Jeffs" and two yellow envelopes containing cash, debit cards and tools. FBI agents arrived on the scene and spoke to "John Findley," who admitted he was Warren Jeffs.
A search warrant for the Escalade was filed days later.
"The FBI inventory found numerous items, including hundreds of documents, computers, cash, debit cards, several electronic devices, wigs, and masks," Schwarz wrote.
A few days after Jeffs' arrest, Wright filed an emergency motion in federal court seeking to have the papers either returned to the FLDS leader or sealed. The U.S. Attorney's Office claims a deal was made to let Jeffs' attorneys review the seized evidence. Federal authorities have organized a special "taint team" of lawyers to look at the documents and computer files and settle any disputes over what is privileged.
Jeffs' lawyers are crafting a list of evidence they believe is privileged, according to the U.S. Attorney's Office.
"Mr. Jeffs concedes that 'adequate safeguards are in place' to protect the allegedly privileged seized materials," Bennett wrote.
In the court documents, the U.S. Attorney's Office said that Jeffs remains "the subject of an ongoing federal investigation." U.S. Attorney's spokeswoman Melodie Rydalch would not comment beyond that statement on Wednesday.
Federal prosecutors have also asked that any future legal challenges be moved from Las Vegas to Salt Lake City, where the FBI's case is based.
Meanwhile, lawyers for the financial arm of the FLDS Church want a judge to let them see what the FBI seized. The lawyers have filed court papers asking to see if any evidence has to do with the United Effort Plan Trust, which is now under a Utah court's control.
Jeffs is facing an April trial on charges of rape as an accomplice. He is accused of performing a child bride marriage between a 14-year-old girl and her 19-year-old cousin.
E-mail: bwinslow@desnews.com
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• FBI agent's affidavit
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