Judge Quashes Subpoena Given to Reporter, Associated Press, carried in KSL [Utah], May 25, 2007

Judge Quashes Subpoena Given to Reporter

Associated Press, carried in KSL [Utah]
May 25, 2007

http://www.ksl.com/?nid=148&sid=1264789

The judge in the Warren Jeffs hearing today quashed a subpoena given to a Deseret Morning News reporter by the defense team.

Fifth District Judge James Shumate didn't rule on the merits of the subpoena but said Ben Winslow received it just 24 hours ago, which was not enough time before today's hearing.

Ben Winslow received the papers yesterday at the federal courthouse. He was there while covering proceedings in the federal case involving Warren Jeffs.

Warren Jeffs, right, president of the Fundamentalist Church of Jesus Christ of Latter Day Saints, speaks with his attorney, Richard Wright, Friday, May 25, 2007, during a hearing before Fifth District Judge James Shumate in St. George, Utah. Jeffs, the self-proclaimed prophet of a polygamous sect, is charged with two counts of rape as an accomplice for his role in the 2001 marriage of the underage girl to her 19-year-old cousin.
Photo by Jud Burkett

This all stems from a story Winslow wrote weeks ago about a letter Jeffs wanted to give the judge back in April. Warren Jeffs asked the judge if he could approach the bench. Judge Shumate declined Jeffs' request saying his counsel could take care of the matter for him.

A photographer for the Deseret Morning New shot a picture, with the note in it. Later, the newspaper digitally enhanced the photo, and had it analyzed by experts. They said the note said Jeff stated he was not a prophet of God and that he had failed to lead the people of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Warren Jeffs, president of the Fundamentalist Church of Jesus Christ of Latter Day Saints, turns to look at supporters in the gallery, Friday, May 25, 2007, during a hearing before Fifth District Judge James Shumate in St. George, Utah. Jeffs, the self-proclaimed prophet of a polygamous sect, is charged with two counts of rape as an accomplice for his role in the 2001 marriage of the underage girl to her 19-year-old cousin.
Photo by Jud Burkett

Winslow's confidential sources had said that Jeffs stated he wasn't a prophet of God. The newspaper says it had independent sources confirming that information, but Jeff's lawyers say those sources had no right to read the note or give reporter Ben Winslow information about it.

The defense says it jeopardizes Jeffs' right to a fair trial. His lawyers are trying to force Winslow to reveal his sources. That's something journalists don't take lightly.

Media attorneys Jeff Hunt, far left, and David Reymann, far right, sit with their clients, Deseret News reporter Ben Winslow, second from left, and editor Joe Cannon, second from right, during a hearing in the case of the State of Utah vs. Warren Jeffs in Fifth District Court Friday, May 25, 2007, in St. George, Utah. The Deseret News was seeking the unsealing of court documents relating to Jeff's competency to stand trial. Jeffs, the self-proclaimed prophet of a polygamous sect, is standing trial on charges of two counts of rape as an accomplice.
Photo by Jud Burkett

Jeffs' attorneys wanted to put Winslow on the stand and ask him to name unidentified sources in his stories about the case.

The Deseret Morning News was prepared to fight the subpoena in court today. The paper's editor says the Deseret Morning News will fight this to the Utah Supreme Court if need be. "Basically we've made a motion to quash the subpoena, set it aside just simply as a clear invasion of the first amendment," Cannon says.

Warren Jeffs, left, president of the Fundamentalist Church of Jesus Christ of Latter Day Saints, sits at the defense table with attorney Tara Isaacson and looks on as his attorney, Walter Bugden, right, makes an argument on his behalf, Friday, May 25, 2007, during a hearing before Fifth District Judge James Shumate in St. George, Utah. Jeffs, the self-proclaimed prophet of a polygamous sect, is charged with two counts of rape as an accomplice for his role in the 2001 marriage of the underage girl to her 19-year-old cousin.
Photo by Jud Burkett

Winslow said he would not reveal his sources, even if it meant going to jail.

Shumate says photographers will be allowed to attend the Jeffs trial, but he says photo enhancement will be prohibited.

The 51-year-old leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints is charged with two first-degree felony counts of rape as an accomplice. The charges stem from his role in a 2001 arranged marriage between a 14-year-old girl and her 19-year-old cousin.

Fifth District Judge James Shumate listens to arguments during a hearing for Warren Jeffs, president of the Fundamentalist Church of Jesus Christ of Latter Day Saints, Friday, May 25, 2007, in St. George, Utah. Jeffs, the self-proclaimed prophet of a polygamous sect, is charged with two counts of rape as an accomplice for his role in the 2001 marriage of the underage girl to her 19-year-old cousin.
Photo by Jud Burkett

Prosecutors contend the girl was coerced into the marriage by Jeffs.

A judge also ruled today that the leader of a polygamous sect is competent to stand trial and set a date for September 10.