BishopAccountability.org
	Kiah Collier: Jeffs' Rambling Provides Courtroom Theater By Kiah Collier San Angelo Standard-Times July 31, 2011 http://www.gosanangelo.com/news/2011/jul/30/jeffs-rambling-provides-courtroom-theater/ SAN ANGELO, Texas — We all expected Warren Jeffs' trial to be interesting. What we didn't expect was for it to get so interesting so fast. On Thursday, the first big bomb dropped. Jeffs fired his seasoned, high-profile defense team and delivered a mostly incoherent 30-minute speech in which he asked for more time to prepare the "pure defense" he said his attorneys could not provide. Jeffs firing his attorneys was surprising, but not necessarily an unexpected move: He has fired several attorneys before, delaying the trial for about three years. As The Salt Lake Tribune has been reporting, Jeffs has been telling his followers that he would never go to trial, that the prison walls would fall down around him. Because of this — and the reviling proclamation he delivered in court on Friday in which he (or rather, God) threatened the "counties of prosecutorial zeal with sickness and death" — I think it's safe to say Jeffs genuinely believes he is above the law. What was unexpected, and unprecedented, about Thursday's proceedings, was how much Jeffs spoke. The 55-year-old fundamentalist Mormon leader has been in custody in various states for about five years since being apprehended in Nevada in 2006. Since then, he has been in and out of courtrooms. He has spoken, but usually only briefly and mostly in response to questions. He said more during this 30-minute plea for self-representation than he probably ever has, at least in public. The room held its breath as Jeffs rambled on, taking frequent pauses up to a minute long until the judge finally stopped him. The reporters in the room, especially the ones who have been covering Jeffs for years, were in disbelief. It was a revealing, golden moment. He spoke so slowly and paused so often, we were all able to write down what he said almost verbatim. Then Jeffs went mute. For the rest of Thursday, as the guilt-innocence phase of the trial got under way, he remained silent. He said nothing when 51st District Court Judge Barbara Walther asked him if he wanted to give an opening statement and while the prosecution began building its case and presenting evidence, including an external hard drive that supposedly contains an audio recording of Jeffs raping the 12-year-old he is accused of taking as his "spiritual wife." But as we were soon to find out, Jeffs either talks a lot or not at all. The floodgates opened Friday when the prosecution moved to submit as evidence a 2004 list of the names, dates of birth and arrival on the Yearning For Zion Ranch of Jeffs' wives and children, including the two girls who are the subject of the sexual assault charges he is facing. Jeffs rose suddenly. "I object," he said, in a wavering but emphatic tone. It was the first time he had spoken with the jury present. The courtroom held its breath. Jeffs rambled on for 55 minutes. I don't think the 12-member jury took their eyes off him the entire time, although their bodies slumped as he dragged on. What was fascinating about this particular "soliloquy," as the prosecution described it, was that Jeffs spoke so candidly about polygamy. He described it is a long-held tradition, a peaceful way of life, a social construct that brings order to family life and pleases God. He even switched from his usual, third-person sermon-like speaking style, saying he was a fifth-generation polygamist, as if it were evidence that it is a manner of upbringing that produces normal, respectable people. Although he did say at least twice that no child had ever been harmed, he spent most of his time defending polygamy generally — which the Fundamentalist Church of Jesus Christ of Latter-Day Saints believes brings exaltation in heaven — and accusing the government of violating the right to freedom of religion guaranteed under the First Amendment of the Constitution. It "is not of a sudden happening. ... It is a tradition. ... How can we just throw it away when God has spoken?" Jeffs said of polygamy. The charges he now faces are not polygamy or bigamy charges (he will go to trial for that later this year), but sexual assault charges. It seemed to me as if he were saying the underage issue is part of the polygamous way of life, that females need to learn as early as they can how to be good wives and mothers, and that the fact that many of them are not legally adults when they are either married or impregnated is not harmful, not a big deal. As he did on Thursday, he made a distinction between the laws of man and the laws of God. "This is a holy law involving social conduct. ... We were told if we don't have it, we will lose all our blessings," Jeffs said. The prosecution tore down Jeffs' argument in its response —during which Jeffs interjected several times — saying the courts have consistently ruled against polygamy and sex with children. The court took a brief recess after Jeffs' second, most long-winded speech and reconvened without the jury present. Walther told Jeffs she allowed him to go on for so long because he didn't give an opening statement. She told him she acknowledged that he "seeks additional time to educate the court" about his beliefs, but said the "problem" was that the trial had been delayed since 2008. She reiterated the proper procedure for raising an objection. The jury was called back in at about 2 p.m. Then came the diatribe. After raising a few objections, Jeffs stood up and said he wanted to make a statement. Walther ordered the jury away and told him she wanted to continue to allow him to self-represent, but that he must follow the rules. Then she gave the green light for him to read his written statement, which he said came directly to him from "the Lord God in heaven." "I, the Lord God in heaven, call upon the court to now cease this prosecution against my pure and holy way coming against my church," Jeffs said. "Let it stop now." The room was enraptured at this point, as you can imagine, and the security guys were ready to pounce. Jeffs continued, "I shall let all peoples know of your unjust ways. I shall send a scourge upon the counties of prosecutorial zeal to be humbled by sickness and death." Before calling the jury back in, Walther warned Jeffs that if he threatened the jury, he would be removed from court. Jeffs told her he was only relaying "the message." "Well, don't relay the message," Walther said. There is no real point in speculating about why Jeffs wants to represent himself, but it is fun to guess. Perhaps he has given up. Facing 119 years behind bars if convicted on both counts of sexual assault, perhaps he thinks he has no real chance and wants to go down like a martyr. Perhaps he really believes his attorneys don't understand his religion and can't properly represent him and that he will somehow get out of it all anyway because God told him he would. It also may be part of Jeffs' stall tactic, which has worked out pretty well for him so far. He has asked repeatedly for more time to prepare a motion and "educate the court" — something for which the prosecution was even willing to give him a few days. Too bad for him that Walther is sick of waiting. Beyond the speculation about why Jeffs is doing what he's doing is how the trial will play out. On Friday, Jeffs repeatedly interrupted proceedings, making at least a dozen objections while the prosecution was examining witnesses and presenting evidence. During his objections, he reiterated his First Amendment argument and called the trial "a travesty." At one point, he even directly asked for continuance. He said the evidence, including blueprints and photos of the interior of YFZ Ranch buildings, was "sacred" material that should not be dragged into the public eye. Mostly, Jeffs was sticking to protocol. While he objected at inappropriate times, he was at least saying (as the judge had instructed him to do), "I object." But he did interrupt a few times, talking without first voicing his objection. Walther eventually ordered the bailiff to turn off his microphone and move it away from him. At this rate, it seems Jeffs will continue to make these frequent objections, which the judge will overrule or — as she did frequently Friday — ignore. The prosecution has said it will take until Tuesday or Wednesday to finish calling witnesses and submitting evidence. Walther appears willing to let the proceedings, choppy as they are, go on as is. Although she warned Jeffs that continued outbursts would result in him losing his right to self-representation, she told him Friday she wants him to be able continue to do so, if that's what he wants to do, and that she is willing to let him know what the rules are and how to abide by them. While Walther seemed put out at times during Friday's proceedings, she also sometimes seemed amused. As we noted on Twitter, she even made a joke at one point after the jury was called in yet again. "I did tell you about my exercise program, right?" she said, smiling. We'll see if she's as forgiving this week. Contact: kcollier@gosanangelo.com
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.