Trial Date Set in Jeffs Case Judge Quashes Subpoena of Reporter, by Nancy Perkins, Deseret Morning News, May 25, 2007

Trial Date Set in Jeffs' Case
Judge Quashes Subpoena of Reporter

By Nancy Perkins
Deseret Morning News
May 25, 2007

http://deseretnews.com/dn/view/0,1249,660224023,00.html

St. George — Polygamous leader Warren Jeffs is fit to stand trial on charges of rape as an accomplice, a 5th District judge ruled today.

Judge James L. Shumate also agreed to quash a subpoena to compel Deseret Morning News reporter Ben Winslow to identify his sources. The subpoena had been handed to Winslow a little more than 24 hours before today's hearing.

Media attorneys Jeff Hunt, far left, and David Reymann, far right, sit with their clients, Deseret Morning News reporter Ben Winslow, second from left, and editor Joe Cannon during today's hearing.
Photo by Jud Burkett

Shumate said he had asked defense attorneys to seek an evaluation of Jeffs' mental, emotional and physical condition, after the 51-year-old leader of the Fundamentalist LDS Church appeared frail and disoriented during a March hearing.

A coalition of media representatives seeking to have the evaluations unsealed was granted a partial victory today when Shumate agreed to release the documents, although portions would be heavily redacted.

Also at issue during the hearing was a defense motion to ban cameras in the courtroom. That motion was denied, although the judge did modify his order of decorum for press pool photography that included several restrictions.

During today's hearing, Jeffs was alert and visibly pleased by the attendance of a dozen followers in the courtroom. He waved and nodded to several people in the audience until a bailiff told him to turn around and face the front of the room.

Jury selection in his trial will begin Sept. 7, and a trial is scheduled Sept. 10-21 in St. George. He is charged with two counts of first-degree felony rape as an accomplice for allegedly performing a marriage ceremony between a 14-year-old girl and her 19-year-old cousin.

E-mail: nperkins@desnews.com