Utah Supreme Court overturns Jeffs convictions, orders new trial

[K8-EEE]

Source: 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 instructions given to jurors were erroneous.
Jeffs, the so-called "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.

Read more: http://www.cnn.com/2010/CRIME/07/27/utah.polygamy.ruling/

[LiberalFighter]

1. Erroneous instructions?

In its unanimous decision, the court said 5th District Judge James Shumate erred when he rejected a defense request that the jury be instructed it had to find that in performing a marriage Jeffs knew unwanted sex would take place and intended for a rape to occur.


Does it matter if the sex was unwanted or not? If (a) they were underage, and or (b) it was multiple marriages. Either case, the other party cannot legally consent.

[activa8tr]

5. WTF? Sounds like the appeals court doesn't understand the concept of

statutory rape!

What is going on with that court? Who is on it and made that decision? Are they all Mormons? Do they think that having sex with a minor that one is married to is NOT rape? This makes no sense!

[BonnieJW]

8. It sounds like the court was paid off.

All those little braided ladies coughed up some bucks to get their master back.

[LostinVA]

12. The ladies??? they have no influence or power in te FLDS

[Javaman]

24. That doesn't even make sense. nt

[ieoeja]

15. "who is ten or more years"

A 19 year old in Utah having sex with a 14 year old would be guilty of "unlawful sexual activity". However, nowhere in the Utah code does it specify a penalty for this!

In the next subsection they define "sexual abuse of a minor (age 14-15)" which does not apply because they are less than 7 years in age apart.

Remaining subsections require the sex to be either non-consensual or the actor to be more than 10 years older than the victim.

Because they forgot to legislate a penalty for consensual sex with someone 14-15, they can only go after them for non-consensual sex. But, hey, at least they remembered to legislate a penalty for consensual sex with someone 16-17. There is just a hole in the law concerning 14-15 year olds.

[roguevalley]

20. throw a stone in utah and you will hit someone with a history of

or a historical tie to polygamy. too bad. Utah gets a black eye from this and this predator gets a new chance to walk.

[WolverineDG]

7. neither a nor b applies nt

[musette_sf]

17. .....

:eyes:

[WolverineDG]

18. right back atcha

:eyes:

denial ain't just a river in Egypt

dg

[get the red out]

2. Wonderful

More courts supporting religion over human rights. The United States has no right to criticize Islamic countries. We are little better.

[Bitwit1234]

3. This was Utah. Those ignorant neanderthals have believed

that men should have a zillion wives and marry 6 years olds since they settled in that state. That's why they left the East so they could rape and abuse young girls without interference from the rest of the United States at that time.

[saigon68]

13. Hairy Thugs Mounting Up in land of JayZeus

Sex with children by a corrupt religion

I thought at first it was about this guy



Then I realized it wasn't about priests and little choir boys.

[superconnected]

4. So is he blind now and forever, or not?

Just keeping up with the tabloid on this that I get on du.

[WolverineDG]

6. Too bad the State's "star" witnesses are under investigation for perjury nt

Seems they not only lied, but they forged evidence that was admitted in trial.

Oops.

dg

[47of74]

9. Utah Supreme Court overturns Jeffs convictions, orders new trial

Source: CNN

(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.

"We regret the effect our opinion today may have on the victim of the underlying crime, to whom we do not wish to cause additional pain," the court said. "However, we must ensure that the laws are applied evenly and appropriately, in this case as in every case."

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."

Read more: http://www.cnn.com/2010/CRIME/07/27/utah.polygamy.ruling/index.html

---

Ugh.

[Renew Deal]

10. wow

:banghead:

[FarPoint]

11. Insane decision

Just as sick as the Taliban Burka types..
.no damn difference!

[K8-EEE]

14. Are the judges just protecting "Bible-based" marriage?

Bartering teenaged brides is in the Bible, PLUS Joseph Smith and Brigham Young did it....so how is any conviction in Utah going to get around the religious bias?

[kiapolo]

16. wow...just wow...so much FAIL in these replies...

It seems as if no one even read the decision, just making blind accusations and ignorant posts (typical). This case is a Due Process/5th Amendment case (yes, which applies to all citizens, including the ones we don't like). The Court ruled that the trial court, at the insistence of the Prosecutor, used the wrong jury instructions on an interpretation of the law. It happens. The charges aren't thrown out, but to ensure a fair trial (aka - DUE PROCESS!) Jeffs must get a new trial with the correct jury instructions. This does NOT in anyway harm the State's case; but ensures proper due process. Yes it sucks for the girl who was coerced into this marriage, but we must ensure that due process is preserved.

I'm thinking that Jeffs will accept a plea (Seeing as he got 2 life terms previously). If not, he will be tried again, with little chance of acquittal.

[WolverineDG]

19. Welcome to DU

but something that you should know is that the Bill of Rights does not apply to people & groups that aren't favored on DU. Mere accusations are enough.

dg

[msanthrope]

22. Oh shit, you think people here read decisions?

Seriously, this site makes lawyers weep.

Welcome to DU.

[Javaman]

25. Exactly right.

but never doubt the power of the "knee jerk" crowd to scream, "Jeff's will get off because the court was bought off!"

He won't see the light of day. He will eventually be put in jail for a very long time. It just requires a new trial.

[msanthrope]

21. This means Texas is gonna get him.

Seriously, Jeffs shouldn't get too happy....

Texas has a good warrant on him.

[WolverineDG]

23. That's what Texas wants to think nt