By Brent Hunsaker
ABC 4 [Utah]
May 25, 2007
http://www.abc4.com/news/local/story.aspx?content_id=b64b95b1-9cc5-4740-a961-9453f82e0923
First there was the letter that should have remained secret.
Back in March, as a long hearing came to a close, Warren Jeffs tried to address the judge. He had something he wanted to say. But 5th District Court Judge James Shumate said no. In his hand was a letter on lined, white paper he'd written in court that day. Later, before being returned to the Purgatory Jail, he would try again to get that letter out. He asked a bailiff to give it to the news media. The bailiff said no.
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But using some digital enhancements of a photo of the letter, the Deseret Morning News did what Jeffs could not: it published at least part of it. Judge Shumate believes that was a secret that should have been kept secret. He ruled in court today that the Deseret Morning News violated Attorney/Client privilege.
The judge said he would still allow a camera to remain in the courtroom, but under tightened rules. He said if any more digital trickery is used, those responsible will be in contempt of court. The judge also decided not to require Deseret Morning News Reporter Ben Winslow to testify under oath about the confidential law enforcement sources who initially told him about the contents of the letter. Winslow had previously vowed to protect those sources — even if it meant going to jail.
Concerning the secret meetings and reports on Warren Jeffs' health, Judge Shumate said some information can be made public. In that same hearing last March, Jeffs appeared to have lost weight, nodded off frequently and otherwise appeared to be impaired. That alarmed Judge Shumate who secretly ordered an evaluation of his physical and mental health. Today the judge said some of that evaluation as well as the secret hearings surrounding it can be released to the media. In open court, he also complimented Jeffs' improved appearance and declared him competent to stand trial.
That trial has finally been rescheduled. Jury selection is now set to begin September 7th.
Contact: brent@abc4.com
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