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Prosecutors Rest Case Against U.S. Polygamist Leader Accused of Sex Crime

posted by akornfeld | 4:30pm Tuesday September 18, 2007

Associated Press
St. George, Utah – A judge on Tuesday refused to acquit a polygamist sect leader charged with sex crimes in the arranged marriage of a 14-year old girl to her older cousin, rejecting the defense’s claims that Utah prosecutors had failed to make their case.
The motion by Warren Jeffs’ lawyers came after prosecutors rested their case against the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a radical Mormon splinter group whose members view Jeffs as a prophet who communicates with God and holds dominion over their salvation.
Capping the fourth day of the trial, prosecutors played a 30-minute sermon for jurors in which Jeffs and fellow church member Sam Barlow addressed such ceremonial marriages involving minors.
Jeffs, 51, president of the FLDS church, is charged with two felony counts of rape as an accomplice in southern Utah’s 5th District Court. Authorities maintain he used his influence to push the 14-year-old girl into a ceremonial marriage with her 19-year-old cousin in 2001 and force her to have sex.
Prosecutors called just three witnesses: the woman, who now is 21, and two sisters.
On the 2002 tape, Jeffs said the sect’s principles were under attack by Utah and Arizona authorities.
Barlow, a former marshal in Colorado City, Arizona, a small community on the Utah-Arizona state line dominated by members of the sect, talked on the tape about pressure from authorities.
“We are born to this conflict,” Barlow said. “We cannot shirk it or turn away from it for a moment.”
The woman, now 21, said under cross-examination Monday that she never told her mother about unwanted sex during the marriage of more than three years. “I never told anyone,” she said.
Defense attorney Tara Isaacson challenged the claim that the woman had sex under duress.
“Isn’t it true you said you had to sugar-up the situation to get things you wanted?” Isaacson asked.
The woman replied that she began to use sex to extract privileges from her husband, including money, visits to see family and other trips.
Jeffs’ lawyers called for an acquittal, saying prosecutors failed to show that Jeffs was on notice that the girl felt she was being raped.
Fifth District Judge James Shumate denied the motion, and Jeffs’ attorneys planned to begin calling witnesses.
Jeffs has been president of the church since 2002. He was a fugitive for nearly two years and was on the FBI’s Most Wanted list when he was arrested during a traffic stop outside Las Vegas in August 2006. If convicted, he could spend the rest of his life in prison.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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Comments read comments(13)
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Deacon Don

posted September 18, 2007 at 10:39 pm


It seems strange that the law goes after a religious sect that has been around for over a hundred years because they don’t fit this society’s moral code. But protects homosexuality that has been considered immoral and indecent for thousands of years. What happened to us as a nation?? I am not saying what Warren Jeff and his group is doing is Ok but how can we pick and choose our morality? What happen to our moral foundation?



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Defy

posted September 18, 2007 at 11:13 pm


This fundamentalist branch is being gone after because it forces 14 yr old girls to marry and have sex and these girls don’t seem to feel safe enough to confide in their own mother.
What’s more immoral rape or love?



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nnmns

posted September 18, 2007 at 11:38 pm


Deacon Don, is age your measure of the validity of a religious sect? If so, I’m glad you aren’t over-devoted to your (I presume, from your name) Christianity.
But it seems to me forcing a 14 year old girl is immoral – quite immoral, but consensual sex between adults is not unless, say, one knowingly exposes the other to a disease, and that happens with hetero and homosexuals.
As to what happened to us as a nation, we elected George W. Bush, the champion of the greedy wealthy and the more fundamentalist Christians. And he has, in so many ways, let their values guide our country leading to our situation where ideology trumps science so often and greed trumps the needs of most of our citizens so often. That’s what has happened to us as a nation.
Oh, and we indulged in a lie-motivated, faith-based strategically (un)planned and totally unnecessary and foolish invasion that’s cost us 3,800 American servicemen and women, uncounted injuries both physical and mental of our service-people and made us responsible for, perhaps, a million Iraqi deaths, while causing much of the world to see us as more dangerous than al Qaeda. We will be paying for that invasion and our occupation for decades if not centuries. That’s also what’s happened to us as a nation.



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jestrfyl

posted September 19, 2007 at 9:41 am


Age is not even the real issue. It is the virtual enslavement of women by men whose need for domination replaces any other sense of value or freedom. Sure, it becomes that much more horrible when girls are not simply taken by these guys, but when their won families promote and even go out of their way to make the girls available. As with so many things like this, we are seeing only a sliver of the entire situation, which will surely be more more extensive. These guys have so little self-esteem that they have to feel powerful by controlling women so completely. It is a religiously warped version of Sado Masochism, without the costumes and whips.



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Lori

posted September 19, 2007 at 9:44 am


One point that is being missed about this whole thing is that no where in the bible does it say that a girl does not become a woman until she turns 18. In fact, it is understood that a girl becomes a woman when her body functions change and she is able to produce children. However, if it is proven that he forced the woman to have sex, then that of course is wrong. Aditionally the new testament says that an upright man should be a husband to ONE wife. (not a quote) so I do believe that polygamy is morally wrong.



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Anonymous

posted September 19, 2007 at 10:19 am


“One point that is being missed about this whole thing is that no where in the bible does it say that a girl does not become a woman until she turns 18. In fact, it is understood that a girl becomes a woman when her body functions change and she is able to produce children.”
Lori, fortunately the Bible is not our source of morality; if it were we’d be stoning people for this or that. Or maybe we’d bee turning the other cheek to everything. Anyway it’s not our source of morality. And being biologically able to mother (or father) a child is far different than being able to parent one.
So what’s your point?



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Alicia

posted September 19, 2007 at 10:25 am


Yesterday’s “Slate” magazine posted a Social Services handbook jointly published by the Utah and Arizona state governments for dealing with members of this sect.
According to that handbook, and other things I have read, most of those men in plural marriages are legally married to only one woman. Their other wives and children live on welfare and food stamps, and so are “gaming the system” in numerous ways, not just by breaking the laws against polygamy, but by stealing from taxpayers.
But these things are nothing to the psycho-social and sexual coercion, violence, and sexual abuse that take place in these isolated communities.
However, the Federal and state governments tolerate the lawbreaking, while attempting to come down on domestic violence, and sexual abuse and coercion.



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Anonymous

posted September 20, 2007 at 11:33 am


Deacon Don,
“It seems strange that the law goes after a religious sect that has been around for over a hundred years because they don’t fit this society’s moral code.”
Why does it seem strange to you? It doesn’t seem strange to me. Marriage is a commitment of two people in North American society. It promotes equality while polygamy does not.
“But protects homosexuality that has been considered immoral and indecent for thousands of years.”
Only by the likes of you. I consider all sexual orientations to be morally neutral – it’s what we DO with our sexuality that determines morality.
“What happened to us as a nation??”
It got caught up in SELF-righteousness, not to mention hypocrisy.
“I am not saying what Warren Jeff and his group is doing is Ok”
You certainly come across that way in your opening statement that his is merely a “religious sect” – somehow THAT comes across as worthy of ‘protection’ but gay citizens are seemingly not.
“but how can we pick and choose our morality?”
Do unto others as you would have them do unto you is the SUM of the laws and the prophets. Or at least that’s what the Bible says.
“What happen to our moral foundation?”
You lost it when Bush stole the presidency, and it only got worse after that. But thanx 4 askin’.



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recovering ex-Pentecostal

posted September 20, 2007 at 11:46 am


Lori,
“no where in the bible does it say that a girl does not become a woman until she turns 18″
Society doesn’t use the Bible for all of its social laws, Lori. And thank gawd for that, I say. In most States, having sex with a 14 year old is considered statutory rape.
“the new testament says that an upright man should be a husband to ONE wife”
Actually, it says that a Deacon should be the husband of one wife. I know because I was ordained as a Deacon in my Church and came across the passage while doing research.



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Evelyn Sparks

posted September 20, 2007 at 12:18 pm


When State laws are not enforced……this is what happens!!! Polygamy and illegal immigration ……one and the same!!!
If our laws at been rightly enforced in the beginning and this form of lawbreaking had been nipped in the bud these ‘mountain of lawbreakers’ wouldn’t be among us today!!!



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Ed

posted September 20, 2007 at 3:41 pm


As for Lori’s comment about the NT saying that a man should be the husband of one wife that is a verse taken slightly out of context. It is that a DEACON should be the husband of one wife. NO WHERE in the Bible is polygamy condemmed. Christ Himself portrays Himself as a polygamist in the parable of the Ten Virgins where Christ is the Bridegroom.
But I will agree that forcing a person of any age to have sex is just plain wrong.



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jestrfyl

posted September 21, 2007 at 11:33 am


Ms E. Sparks
YIKES! I don’t think there is ANY connection between immigration and polygamy. If anything, I think most of the immigrants, given their culture and heritage, would be horried by polygamy. And many polygamists are likely to be anti-immigration!
Ed,
Re read the story again. Jesus is telling a parable, a made-up story to make a point. It does not refer to his marital situation, even indirectly. The 10 Virgins were like our “bridesmaids”, and the problem was they were not ready for the groom to return for further feasting and celebration.



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Henrietta22

posted September 23, 2007 at 8:55 pm


jestrfyl, Evelyn Sparks isn’t comparing Polygamy with immigration. She is saying that each thing had laws to control them and the laws were not enforced, and now we have a mess in both places. She’s right.



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