By Kiah Collier, Matthew Waller
San Angelo Standard-Times
August 4, 2011
http://www.gosanangelo.com/news/2011/aug/04/a-unique-case-veil-has-been-pulled-back-on-of/
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| Patrick Dove/Standard-Times Polygamist sect leader Warren Jeffs leaves the Tom Green County Courthouse with former attorney Deric Walpole on Thursday. Jeffs displayed no reaction to the jury's verdict. |
With two guilty verdicts in hand, the state of Texas is pressing ahead into the penalty phase of the Warren Jeffs trial in San Angelo.
After a 10-woman, two-man Tom Green County jury found the head of the Fundamentalist Church of Jesus Christ of Latter Day Saints guilty as charged of one count of sexual assault of a child and one count of aggravated sexual assault of a child, the penalty phase of the trial proceeded almost immediately late Thursday afternoon.
In the penalty phase, prosecution and defense can present arguments, witnesses and evidence for the jury to consider as it deliberates on penalties.
Attorney General Greg Abbott, who was present the first two days of the trial and returned Thursday to hear the verdict, said: "It's a unique case with regard to the crimes involved at the YFZ Ranch. The veil has been pulled back on the sexual assault of so many kids."
Jeffs' support in his own sect has become shaky. Willie Jessop, a former follower of Jeffs who remains a member of the FLDS, spurned the convicted leader.
"Warren Jeffs betrayed his people and the values of his people," Jessop said at the end of Thursday's proceedings. Everyone in the FLDS, he said, "has to take some responsibility."
The prosecution, Abbott said, estimates that it will have two full days of testimony for the punishment phase.
Jeffs may continue to represent himself in this phase, his former attorneys Deric Walpole and Emily Detoto said after the verdict was announced Thursday.
Jeffs had not notified them of any change.
In response to his former client being found guilty, Walpole said, "Any time there is a loss, we're disappointed."
Jeffs could be sent to prison for life. Aggravated sexual assault of a child is a first-degree felony, punishable by five to 99 years in prison, and sexual assault of a child is a second-degree felony punishable by two to 20 years.
Both offenses can be accompanied by fines of up to $10,000.
Special prosecutor Eric Nichols outlined deeds that the state plans to present to the jury for consideration in punishment, reading off numbers and charges: that he had 78 illegal wives, that 24 of those were underage, that he had been a part of or helped perform 67 illegal underage marriages, that he had participated in more than 500 bigamous marriages separately, that he had six illegal instances of sexual conduct with six separate individuals, and that he had 60 instances of breaking apart 300 families by splitting up marriages or reassigning "wives," sometimes to himself.
There will also be evidence of Jeffs expelling young men and setting up social and educational systems that exploit women and girls, Nichols said.
Jeffs repeatedly asked for more time to prepare.
When he was escorted from the courthouse for the day, a middle-aged woman screamed at him, "You lose, you worthless pervert!"
'I am at peace'
The verdict was announced at 4:25 p.m. Thursday after three hours and 45 minutes of deliberation.
Jeffs displayed no reaction to the verdict.
His closing argument had consisted of near-total silence. Given 30 minutes by the judge, equal to the time given the prosecution, Jeffs stood at the defense table and remained mute and motionless. After a while, Walther said: "Mr. Jeffs, you have used five minutes of your 30 minutes."
She issued similar reminders at 10, 15 and 20 minutes.
The courtroom was closed during closing arguments, with no one allowed to enter or leave.
The gallery was nearly full in the big room, and all that could be heard were whispers, the creaking of wooden benches and occasional coos from pigeons roosting on the second-story casements.
About 23 minutes into his allotted time, Jeffs swiveled slightly and looked up at the jury, appearing to look at each individual juror, then murmured, "I am at peace," looked at the judge, and wrapped himself in silence again until the time was up.
When the clock ran out on Jeffs' half-hour, Walther sent the jury off to deliberate.
In his closing arguments earlier, Nichols reminded jurors of the DNA evidence presented during the nine-day trial and the audio recording Nichols said was of Jeffs having sex with a 12-year-old girl.
Walther gave instructions to the jury before the closing arguments, and the jury began deliberating at 12:40 p.m.
Emily Detoto, one of the attorneys Walther ordered to stand by in case Jeffs needed assistance, said she wasn't surprised by his actions during the closing arguments.
"It was in no way arrogant," said Detoto, who wasn't in the courtroom to observe the closing. "He is a peaceful person."
Detoto added, "Mr. Jeffs' defense always has been religious freedom."
She said she wished Jeffs had been given more time to prepare his defense and that she was supportive when he decided to represent himself.
Earlier in the day, Jeffs sought to continue questioning the only witness he called, FLDS member JD Roundy, who testified for four hours on Wednesday about FLDS religious tenets.
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