By Daphne Bramham
Canada.com
September 18, 2007
http://www.canada.com/topics/news/world/story.html?id=98e8db58-5ff5-48c0-bdba-3864ba4aedc7&k=10561
St. George, Utah — The prosecution abruptly wrapped up its case against polygamist prophet Warren Jeffs Tuesday morning after playing a tape of Jeffs's former legal adviser predicting a criminal prosecution like this one.
Jeffs, who leads the Fundamentalist Church of Jesus Christ of Latter Day Saints, is charged with two counts of being an accomplice to rape in the arranged marriage of a 14-year-old girl to her 19-year-old first cousin. Jeffs officiated at the marriage.
On the tape, former Colorado City town marshal Sam Barlow urged FLDS to continue to practise polygamy and the marriages of underaged girls.
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| Warren Jeffs (left) confers with defense attorney Richard Wright before his trial trial in St. George, Utah, Tuesday. |
"In a country where Congress can make no law prohibiting the free exercise of religion, how can it legislate to pre-determine what age a person can make a religious covenant (such as marriage)?" Barlow is heard saying.
But he warned that testing the constitutionality of the law would likely mean appealing to the Supreme Court and that would be expensive — unless the Lord delivered them from the fight.
Barlow was speaking in the late 1990s at a time when the FLDS believed the apocalypse was imminent and that faithful people like them would be lifted up to heaven.
In the absence of the jury, Jeffs's attorney asked Judge James Shumate to dismiss the case on the grounds that the prosecution had failed to prove that Jeffs had intended to aid in unconsented sex.
Shumate denied the request.
The first two defence witnesses were FLDS members who testified about their marriages and their understanding of Jeffs's teachings regarding women's obedience and duty to their husbands.
Jennie Pipkin, 26, testified that she requested a placement marriage at 17. She said that four days after high school graduation she asked her father to take her to the prophet "to turn myself in," so he could pray for a revelation about who she was to marry.
The next day, she was married to a 17-year-old boy who she knew, but didn't love. She said she came to love him over time — even though she got a "release" or divorce from him two years ago after 10 years of marriage and five children.
Jeffs granted the release after Pipkin twice wrote to him to say that her husband was "nagging" her for sex and touching her in a sexual way when she had asked him not to.
Under cross-examination by prosecutor Craig Barlow, Pipkin said she was not explicit about sex and that she had probably used the words "private parts."
But, Barlow asked, "You expected Mr. Jeffs to understand that he had made unwanted sexual advances?"
Yes, she replied.
The alleged rape victim testified earlier that when she had told Jeffs that she was uncomfortable about her husband touching her "private parts," Jeffs had told her to go back to her husband, be obedient and give herself to him "mind, body and soul."
Kenneth Thomas testified that he had been 23 and his wife 20 when their marriage was arranged by the prophet. He said his wife didn't really want to marry him. "She had to learn to love me."
He said there is nothing in FLDS teaching that allows a man to force his wife to do anything.
He talked about "persuading through love," and that men are the head of the household in all things practical and spiritual, including teaching and guiding their wives about sex.
Under cross-examination, Thomas admitted that although the church does not teach blind obedience, he would follow the prophet "no matter what."
"Whatever Mr. Jeffs says is something that you would do?" prosecutor Ryan Shaum asked him.
"Yes," he replied.
"You would be led by the prophet and even give your own life?" Shaum asked a little later.
"Correct," Thomas said.
Contact: dbramham@png.canwest.com.
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