Thursday, August 12, 2010

Utah Supreme Court Overturns Jeffs Conviction

From CNN:

The Utah Supreme Court has reversed Warren Steed Jeffs' two convictions on charges of rape as an accomplice and ordered a new trial, saying that instructions given to jurors were erroneous.

Jeffs, the "prophet" of the Fundamentalist Church of Jesus Christ of Latter-day Saints, or FLDS, was sentenced to two consecutive terms of five years to life after he was convicted in September 2007. He was accused of using his religious influence over his followers to coerce a 14-year-old girl into marrying her 19-year-old cousin.

In Jeffs' trial, Elissa Wall testified that she repeatedly told him at the time that she did not want to be married and was uncomfortable with sexual advances from her husband, Allen Steed. She said Jeffs advised her to pray and submit to her husband, learn to love him and bear his children, or risk losing her "eternal salvation."

Prosecutors relied on three separate portions of the law defining the circumstances under which sex is non-consensual, the opinion said. Under those portions, the victim must express a lack of consent through words or conduct, the victim must be younger than 18 years, and "the actor" must be in a position of special trust in relation to the victim.

"Jeffs argues that the instruction erroneously focused the jury on Jeffs' actions and position of special trust, rather than on Steed's, for the purpose of determining whether Wall consented," the opinion said.

The justices agreed, saying the jurors should have been asked to consider whether Steed was in a position of special trust and whether Steed lured or induced Wall into having sex.

"The state interprets the term 'actor' to mean the 'defendant,' " the opinion said. "We conclude that the state's interpretation is erroneous."

"We're thrilled," said Jeffs' defense attorney, Wally Bugden. "We're overjoyed. We're ecstatic that the Supreme Court agreed with us. ... The state just had the wrong legal theory."

Assistant Utah Attorney General Laura Dupaix told CNN affiliate KSTU that the opinion is "going to make it difficult, I think, for us to do future prosecutions in cases where some of these men in positions of power -- almost complete power, like Warren Jeffs is -- to prosecute them for forcing young girls into these marriages. I think that's really the part of this opinion that is most disappointing for us."

The justices sent the case back to the lower court for a new trial.

Read more news coverage here or the Utah Supreme Court opinion here.

AC

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Comments

The ordering of a new trial is not the same as a acquittal obviously. Psychos like Jeffs deserve to be hanged for their actions, but conviction after a new trial will have to suffice...after all, even psychos like Jeffs have constitutional rights.

Posted by: Divorce Lawyer Tulsa | Jan 9, 2011 6:07:57 PM

Its not all about this one instance. They are really using this case to punish Jeffs for a whole string of perverted things he's done.

Posted by: Dr. Stewart | Feb 24, 2011 8:40:13 AM

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