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  FLDS Leader Jeffs Files Notice of Appeal in Sexual Assault Conviction

By Lindsay Whitehurst
Salt Lake Tribune
September 9, 2011

http://www.sltrib.com/sltrib/news/52546926-78/jeffs-trial-attorneys-withdraw.html.csp

Polygamous sect leader Warren Jeffs has filed notice he will appeal his sexual assault of a child conviction in Texas.

As he did during his trial, Jeffs is acting as his own attorney. Two of Jeffs’ attorneys of record, Emily Detoto of Houston and Robert and Gary Udashen of Dallas, filed motions to withdraw this week.

Unlike a handwritten motion for a new trial, the notice of appeal filed this week is typewritten and simply stated. Jeffs has represented himself since the early days of his sexual assault of a child trial, when he fired a team of high-profile attorneys and said he would represent himself. He was convicted of taking two girls, ages 12 and 15, as plural wives and sentenced to life, plus 20 years in prison.

In their motion to withdraw, the Udashens said there was a "conflict" with Jeffs "regarding the handling of Mr. Jeffs’ case that makes it impossible" for them to continue as his attorneys.

Detoto, meanwhile, addressed an issue brought up at trial. State District Judge Barbara Walther warned Jeffs when he decided to fire his attorneys that he would not be able to get a delay.

"This withdrawal is not sought for delay, but that the defendant might be represented by counsel of his choice," Detoto wrote in her motion to withdraw. Detoto is also facing her own felony drug possession charge in a separate case that was filed before she was hired to represent Jeffs, and is set for an arraignment on Sept. 30.

Walther has not ruled on those motions to withdraw.

In addition to his appeal, the 55-year-old leader of the Fundamentalist Church of Jesus Christ of Latter-Day Saints is also charged with bigamy connected to the marriage to the 12-year-old girl. A trial date for that proceeding was pushed back from October to February after Jeffs was hospitalized in critical condition on Aug. 28.

Prison officials said he became ill while fasting. Jeffs’ condition has since improved, but he remained hospitalized Friday.

Contact: lwhitehurst@sltrib.com

 
 

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