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66292539.Pdf 0 1\ ' 11 II ' .'. day after jury selection in Warren Jeffs' sexual assault trial, and Deric Walpole, the head of the defense team, seemed ner­ vous. This was understandable, given the circumstances. Jeffs, the prophet ofthe Fundamen- . talist Church ofJesus Christ of Latter-day Saints (FLDS), had discharged his court-appointed attorney in January, hired a FortWorthhotshot named Jeff Kearney soon after, and dis­ missed Kearney abruptly in early July. Then, on July 20, only five days before jury selection was scheduled to begin at the Tom Green County courthouse in San Angelo, he retained Walpole, a compact, burly man with a thick goatee from the McKinney firm ofLuce, Nordhaus, and Walpole. fj Walpole spentmuch ofthat first day begging Judge Barbara Walther for a continuance. ''I've been working twenty, twenty­ one hours a day, and I'm still not ready," he explained. "Things are moving even quicklier­ quicker-than originally pro­ jected." The prosecutor, Eric Nichols, sighed and countered 110 I Gcto6er 2011 T eX AS M 0 NTH I. Y . CO M 9 4 " ph(.H 0 9T{~phbySAA.AH WILSON thatJeffshadnotonlyhadplentyoftimetohire counselbut is not proper English.") fj'"l![l hadretainedseveralhighlyqualified attorneys,afewofwhom When Jeffs finished, ~ weresittingbyWalpole'sside. OnememberofWalpole'steam, Walther pulled offher whohadabraceonhisleftmidcllefinger,justhappenedto be readingglasses andcalled casuallyflexing his injured digit duringthe argument. a recess. Somelocal ladies Walpole's motion was denied, which turned out notto in their sixties started matter much.The next morninghe announced, "Mr. Jeffs whispering to one an­ has released all defense attorneys ofrecord and wishes to other."Thisisunreal," one address the court." said. "Oh, God," said an­ "Mr. Jeffs, proceed," said Judge Walther, with an air that other. Nichols, like aboxer seemed to acknowledge that order and decorumwere edg­ who suddenlyfound him­ ingtheir waytowardthe exit. selfintheringwithanim­ Jeffs slowly stood up to make what would be his first­ provisationaldancer,was ever public speech. As a courtroom ofpeople cranedtheir unsure where to look or necksto get agoodviewofhim, thewoodbenches creaked. whatto do.Jeffs's lawyers Jeffs is a tall, thin man, and he was dressed on that day in quicklygravitatedtoward a dark suit and sensible blackshoes. His graying hair was the back ofthe room to cut short, and he stooped over as if, at age 55, he'd had an confer with one another. earlyonset ofosteoporosis. With hishandsfolded infront I asked Kearney, who had ofhiswaist, hebegan speakingin a slow, deep, nasalmono­ beenfired daysbeforebut tone. "I have released all my counsel. I desire to represent had notbeen withdrawn by the court, ifanythinglike this myself," he said.Hepaused for a few seconds. "And I would had ever happened to him before. It was a dumb question. like my own motion."Again,he paused. "I have prepared a "No," he said. writingofthe court..I have signed this writingifthe court Thetrialresumedanhourlater. JudgeWaltheraskedJeffs will allow ittobe presented." Walpole passed Jeffs'swrit­ toreconsiderhisdecision.Whenherefused, sheinsistedthat ingto thebailiff, and thejudge obligingly acceptedthe pa­ oneofhis attorneysremain as "stand-bycounsel"inthegal­ pers.Shewaited a longtime,growingimpatient,and finally lery, ajobleftforWalpole, with assistancefrom a well-man­ asked, "Whatelse, sir?'; icuredyoungHoustonlawyernamedEmilyDetoto. Theoth­ Jeffs startedup again as ifsomeonehad released a pause ers,Walthersaid, couldgo iftheywished. Theydid, practically button. "Presenta motionbeforethis courtin a manner in leavingskidmarks onthe courthouse lawn. the defense needed pertainingthis case," he said. Repeat­ Goingfullsteamahead, Nicholsbuttonedhissuitcoatand ing awkward phrases strung together in a halting fash­ began his opening argument. A trim, bald man with an un­ ion, he mentioned requiring flappable style, he had recently left his position as Texas's a "greater understanding" for deputy attorney general for criminaljustice to go into pri­ left: Jeffs is escorted from "truth to be preserved." For vatepractice,buthehad stayedonthe caseto see itthrough, the Tom Green County courthouse on August 9 "true justice" to be served, he backed up by a handful ofassociates.In a methodical man­ after sentencing. Top: Jeffs said, he neededa "fulldefense!' ner,hetoldthejurythatinchargeone, the aggravated sexual with one of his underage brides.Bottom: Agroup por· (A schoolteacherseatedbeside assault ofa twelve-year-old, theywould hear an audiotape trait of fifty of Jeffs's wives. me leanedover and said,"That ofthe incident, and inchargetwo,the sexual assault ofafif­ Gcto6er 2011 1111 T EXAS MONTHLY.CO M teen-year-old, they would see evidence thatachild was conceived. ing. After an FBI agent named John Broadway authenticated a Both assaults, he explained, had occurred at the FLDS's Yearning chart listing the members ofJeffs's extended family, Jeffs rose for Zion Ranch, in Eldorado, 45 minutessouth ofSan Angelo. Hold­ from his seat. ingup charts explainingthe relevant Texas penal code sections, he "There is a sacred trust drawn by religious leadership," he ex­ was somber and unemotional. He never raised his voice, and when claimed, "nbt to be touched by government agencies.... This is a he was done, he simply walked back to his chair and sat down. standard objection ... on the basis ofreligious freedom." And so on. Throughoutthe presentation, Jeffs satsilently in his chair, alone Ahalfhour in,justwhen he seemedto be flagging, he caught a sec­ athis long, wooden table, staringdown as ifhewere examining the ondwind, becoming animated, breaking his monotone, and actu­ world's slowest-moving beetle. As the daywent on, Nichols ques­ ally addressing thejury. "I am the fifth tioned witnesses and displayed evidence: documents and digital generationborn into plural marriage," lefl:One of Jeffs's former media seized from the YFZ Ranch, DNA samples, public records. he said. "How canwethrowitaway and slepmolhers, Rebecca Eachtimehe placed an item on say our forefathers were wrong-who Musser, awilness for Ihe prosecullon, leaves Ihe Jeffs's table, he would wait fif­ went to prison for these very princi­ courlhouse on AuguSll. teenseconds,then take itaway, ples?" It seemed like an apt endingto Below: Aco uriroom skelch without a word from Jeffs. his speech, butJeffs carried on. Some of [from lefll Jeffs, lead defense allorney Deric Itwas surprising, then, when ofthejurors appeared to feel sorryfor Walpole, lead proseculor Jeffs finally offered an objec­ him, yet eventheir interest seemed to Eric Nichols, and Judge tion-somewhatrandomly-the waneataboutthe 45-minute mark Fif­ Barbara Wallher. OpPosile, lOP:Nichols speaks 10 Ihe nextday. Nota briefone, either. teen minutes later, Jeffs ended with an media aller Jeffs' senlen­ Itlastedmore than anhour and "Amen." Taking that as his cue, Nich­ cing. Bollom: Walpole and fellow defense allor­ would prove to be the longest ols stood up and began, "I think! state nev Emilv Delolo field speech ofthe entire proceed­ the obvious-" queSlions from Ihe press. THIS WAS HARDLY JEFFS'S ONLY NOTABLE PERFORMANCE OF THE DAY. LATER, WHILE THE J A PURPORTED REVELATION FROM GOD. "I, THE LORD GOD OF HEAVEN, CALL UPON THE COUR 112 I <9cto6er 2011 T f! X AS M O N THL Y. CO M - - - - - - - - - "May I say one more thing?" tattletale, a quality he later encouraged in others. He also gained a Jeffs interrupted. Nichols reputation among church members as aPeepingTom, a curious boy sat back down, deflated, and too afraid to actually talk to girls. the jury was graced with Before Warren was 21years old, he became principal oftheFLDS's about fifteen more minutes private school, Alta Academy, where he tested his power to indoc­ ofmaterial. trinate the upcoming generation. Children would be quizzed onhis This was hardly Jeffs's only daily morning speeches. He de-emphasized science and current notable performance ofthe events and rewrote coursework to reflect his interpretation ofFLDS day. Later, while thejurywas theology. In1997, after his father fell ill, Warrenbegan positioning onbreak, he pulled some pa­ himselfto replace Rulon as president and prophet. In a manner perworkoutofamanilaenve­ thatwas as insensitive as itwas transparent, he told church mem­ lope and recited a purported bers shortly after Rulon suffered a major stroke, "My father has revelation from God. "I, the the mental capacityofa child. I am now myfather's mouthpiece." Lord God ofheaven, call upon No one challenged his assumption ofpower, even when Warren the court to now cease this began arranging marriages betweenthe silver-pompadoured Ru­ persecution against my holy way," he boomed. "Let it stop now!" Ion and disturbinglyyoungwives. Buttheydid:worry about his ac­ He sent a scourge "upon the prosecutorial zeal, to be humbled by tions privately. According to Utahprivate investigator SamBrow­ sickness and death." Whenthe judge instructedhim notto have an er'sbookProphet'sPrey, a visitingCanadianFLDS bishop was bold outburst infront ofthe juryor imply theymight be in danger, Jeffs enoughto voice his concern to Rulon about the marriages. To his replied quietly, "I am relaying a message." surprise,the baffled Rulon responded, "I don'tknow. Ask Warren. "Well, don't relaythe message," Walther said tersely. "Bring the Why am I being married to all these young girls?" juryin." Warren's design became clearer in 2002, when Rulon died and Y WAS ON BREAK, HE PULLED SOME PAPERWORK OUT OF A MANILA ENVELOPE AND RECITED o NOW CEASE
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