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  Jeffs No Longer Silent in Trial

By Matthew Waller
San Angelo Standard-Times
July 29, 2011

http://www.gosanangelo.com/news/2011/jul/29/jeffs-breaks-silence-delivers-message-to-court/

The court was barely able to get Warren Jeffs to say anything when he chose to represent himself Thursday. On Friday, the court could scarcely keep him quiet.

Jeffs said nothing and made no objections for about an hour into the morning proceedings Friday, the fifth day of his trial on charges of sexual assault of a child. But when the prosecution moved to admit a document sacred to the Fundamentalist Church of Jesus Christ of Latter Day Saints, the 10,000 member, polygamy-sanctioning group that he leads, Jeffs shot up from his defense table and objected.

"You are now touching that which is sacred," Jeffs said, standing alone at the defense table. "Thus on these grounds we call upon this court to render justice before sacred trust is trampled upon."

It was the beginning of an impassioned speech that lasted nearly an hour. Jeffs waved his hands as he repeatedly stressed his need for more time to prepare a defense, gave a slight history of the FLDS and argued that polygamy should be protected as freedom of religion.

"This must cease," he repeatedly said of the proceedings.

Near the end of the day's proceedings, 51st District Judge Barbara Walther had the bailiff turn off and move away Jeffs' table microphones because of his frequent interruptions while special prosecutor Eric Nichols showed pictures of the inside of the sacred temple, blueprints with girls' names on the rooms and a vault hidden behind a secret bookcase door.

The prosecution, continuing to build the case it started on Thursday, introduced evidence taken from the April 2008 raid on the FLDS Yearning for Zion Ranch, where law enforcement responded to what was later discovered to be a hoax phone call from a woman who claimed she was a teenager being sexually abused on the ranch. More than 400 children were taken from the ranch and later returned, but hundreds of boxes of evidence were seized: documents, electronic files and other materials.

Jeffs, outside the presence of the jury, said he had a revelation from Jesus Christ and read a written statement.

"I, the Lord God of heaven, call upon the court to cease this prosecution against my pure, holy way. ... I shall let all peoples know of your unjust way. ... I shall send a scourge upon the counties of prosecutorial zeal to be humbled by sickness and death," Jeffs said.

Walther warned Jeffs not to threaten the jury.

"I'm not threatening, only relaying a message," Jeffs said.

"Don't relay the message," Walther said.

Jeffs faces up to 119 years in prison if convicted on both counts of child sexual assault. His objection Friday morning was the first time he had spoken with the jury present since he invoked the right of self-representation Thursday afternoon, just before the guilt-innocence phase of the trial began.

Jeffs said no children were being harmed, that they were well educated and well groomed, and he complained of mockery among outsiders, saying his group is not a "fly-by-night religious society."

In his objection, Jeffs said it was imperative that the FLDS follow the law set out for it by God.

"If we do not live these laws we are damned here and hereafter," Jeffs said. "We believe in a marriage system of eternity called celestial marriage, wherein celestial means heavenly authorized, not to be intervened by government intervention."

Jeffs said the raid on the YFZ Ranch was illegal and that those who have already been convicted of sexual assault are innocent. Seven FLDS men have been prosecuted before him using evidence from the raid.

Jeffs ended his first speech with an "Amen."

Nichols responded to Jeffs' speech by turning to jurors and citing case law that shows U.S. courts have repeatedly ruled against polygamy and sexual assault of a child. Jeffs interrupted Nichols at least five times, as well as Walther, who promptly recessed the court and ordered that Jeffs' standby counsel advise him about maintaining court decorum.

Jeffs fired his legal team Thursday when he sought to represent himself, but the judge told the lawyers to remain in case they were needed.

Patrick Metze, an associate professor and director of criminal clinics at the Texas Tech Law School, said Walther may continue to let Jeffs interrupt and give objection speeches indefinitely if she chooses.

"I'm sure she has reviewed the case law on it, and I'm sure she knows very well what she can and cannot do. She's not going to do anything to jeopardize this trial. She's an experienced judge," Metze said.

If she did decide to give Jeffs counsel again, he said, appellate courts probably would not rule against her.

Deric Walpole, who until Thursday had been Jeffs' lead attorney and is now on standby, said he is prepared to be Jeffs' counsel again.

"I'm not leaving the man's side," Walpole said. "I will be ready to step in should I be asked to do so."

The trial resumes at 9 a.m. Monday.

 
 

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