In a victory for Warren Jeffs, and an even larger victory for the Constitution, both Utah and United States, the Utah Supreme Court has reversed Jeffs’ conviction and ordered a new trial. I haven’t yet read the opinion; however the Salt Lake Tribune has a good article on the ruling:
The Utah Supreme Court on Tuesday reversed polygamous sect leader Warren S. Jeffs convictions and sent the case back for a new trial, saying there were “serious errors” in instructions given to the jury that deprived Jeffs of a fair trial. In its unanimous decision, the court said 5th District Judge James Shumate erred when he rejected an instruction requiring the jury to find Jeffs knew unwanted sex would take place and intended for a rape to occur.
There were serious errors in the jury instructions, to say the least. And, this reversal is a big deal both for the Warren Jeffs defense team as well as the rule of constitutional law.
In the state’s arguments, Assistant Attorney General Laura Dupaix said Jeffs had total control over Wall and could have released her from the marriage. When Jeff counseled the couple during their marriage ceremony to “go forth and multiply,” he knew they would have sex. But Bugden said the state had twisted that “common religious language” to fit the overly broad enticement language in Utah’s rape statute. Those words are not a command to commit or submit to rape, he said. He argued that if forced sex took place the groom — not Jeffs — was responsible.
This is exactly the argument they made at trial, and that many who followed the trial also thought was the better argument. I have argued that going after Jeffs was not about rape, but about his unpopular religious views. I was critical of the Jeffs saga from the beginning : See here and here. Quoting from some of the opinion, the Tribune continued:
“Even if Jeffs never intended for Steed to rape Wall, the jury instruction allowed for the possibility that he would be found guilty simply because he intentionally performed the marriage ceremony and the existence of the marriage aided Steed in raping Wall,” the court said. Accomplice liability “cannot enter the equation until after a determination has been made that a crime has been committed,” the court. The court said that its decision in the Jeffs case was consistent with its previous rulings finding an individual cannot be categorized as an accomplice if there was no intention that a crime be committed. Steed was charged with rape after he testified in Jeffs’ trial. The case is on hold pending a decision from 5th District Judge G. Rand Beacham on whether the statute of limitations had expired when the state charged Steed. The state also is currently investigating allegations that falsified documents were entered as evidence in Jeffs’ trial.
Where do we go from here? The State’s legal team plans a press conference later. Frankly, I find it hard to believe they re-try the case. Jeffs is already in custody on other matters, and I don’t think Utah can make its case with the proper jury instructions going to the jury. I hope to have more later after reading the opinion. Good day, though for Warren Jeffs’ legal team–excellent work, and good day for the rule of law . . .
Previous Warren Jeffs Trial Posts
More Media Coverage:
July 27, 2010 at 10:04 am
[...] This post was mentioned on Twitter by LDS Blogs, Guy Murray. Guy Murray said: Utah Supreme Court reverses Warren Jeffs' Conviction–now what? . . . http://bit.ly/acsiMJ [...]
July 27, 2010 at 2:59 pm
Oh, how misguided you are.
If nothing else, this just shows that Jeffs is going to get true justice, not mob justice or angry justice, but real justice. He’ll go through retrial, get what he deserves in Utah, and then get extradited to Texas, where he’ll be tried for his crimes there, too. In the end, he’ll never be out of jail, again.
July 27, 2010 at 3:42 pm
Writer–my post isn’t about whether Jeffs gets justice. It’s about whether the State needs to allow criminal defendants proper due process. The Utah Supreme Court unanimously agreed that they do. That’s all I’m saying. The State tried to short circuit the process in this case. I don’t know whether they will or won’t try the case. Given that Jeffs does face other legal hurdles else where I can see where the State might decide not to retry their particular case. We’ll have to see.
July 22, 2011 at 11:12 am
hes going to get real justice thats a first!
July 29, 2010 at 3:33 am
[...] Guy Murray Buzz: In a victory for Warren Jeffs, and an even larger victory for the Constitution, both Utah and United States, the Utah Supreme Court has reversed Jeffs’ conviction and ordered a new trial. I haven’t yet read the opinion; … [...]
July 29, 2010 at 9:08 am
Are you kidding me? He condones the rape of children. How is this ruling a victory for anyone? I’m horrified. We need to protect our children; not the “constitutional rights” of a child rapist. I hope this power hungry pedophile faces justice; if not in Utah at least in Texas.
August 2, 2010 at 8:49 am
Why is it that you people continually throw out the “pedophile” label? Do you understand what the word means? In your views you would have accused the Holy Ghost of being a pedophile for conceiving with Virgin Mary at the conception of our Lord and Savior. Your blatant misuse of the term is horrifying and only used to justify your misguided hate.
August 6, 2010 at 9:11 am
cjs,
Are teenagers really children? How many non-FLDS teenagers are having sex? Are you saying that the 90% of teens that have sex, should only do so out of wedlock? Have LDS bishops ever advocated for a pregnant teen to get married? Have LDS bishops ever performed a marriage on an underage teen, an act that got Warren Jeffs put on the FBI’s Ten Most Wanted list? Does the Bible condone teens getting married, or as you stated, “the rape of children”? Did the Father of Jesus rape a child?
The fact is that the charges in Arizona, which got Warren Jeffs placed on the FBI’s Most Wanted list in the first place, recently got dismissed. The conviction in Utah was unanimously ruled by the Utah Supreme Court to be in error. It’s also been recently revealed that the so-called victim in the Utah case perjured herself by lying about her medical records, which were fabricated by anti-FLDS bigots, much like yourself.
The only hope the Jeffs haters have is in Texas. Where they raided an entire community based on the hoax phone call of another FLDS bigot, much like yourself.
The Texas appeals court already ruled that the concept of the ranch being a single residence was ridiculous. Will they change their mind when they eventually rule on the admissibility of the evidence seized based on a faulty warrant? I doubt it. Instead, Texas will pay out millions of dollars to the FLDS women that they held against their will, claiming that they were “children”, even though the presented state issued I.D. showing that they were over the age of 21.
It’s too bad those damn “constitutional rights” have led to charges being dismissed in Arizona, and convictions being overturned in Utah, with a retrial being unlikely due to the ruling by the Utah Supreme Court, along with the perjury of the star witness in the case.
All you have left is Texas, and if the appeals court upholds the raid based on a hoax, then don’t be surprised if someone makes a hoax phone call about LDS leaders. I’ve been wanting some documents from the First Presidency’s vault for some time. I can’t wait for the internal documents of the LDS church to be spread all over the internet, as the FLDS documents were leaked by anti-Mormons in law enforcement.
November 21, 2010 at 6:56 pm
How convinient the Utah Supreme Court overturn this “devil in disquise” charges. Most of the political figures and legislature members are mormon and believe in this ridiculous polygamy $h*t..Women are brainwash kids are abused, the same women were kids and grew up learning this “religion” so they are not too be blamed for being ignorant. Some women realized that what was occurring was wrong and had to escape, which was not easy.. This man destroyed thousands of peoples lives and has forced these people to seek government aid in illegal ways to fund his hobby of being a prophet. Please he is a child predator and for those that don’t believe that must be predators yourself. How can you be happy that the legal system preserve his “constitutional rights” when he has violated thousands of theirs. That girl that was married off by this wacko is one of many women suffering the consequences. We are forgetting who are the real victims here and we need to protect them. F the bad guys here! I say give them the death penalty for his b.s!