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WEST JORDAN -- Polygamous church leader Warren Jeffs is fighting extradition to Texas.
Jeffs appeared in court Tuesday and refused to sign a waiver that would have allowed Texas authorities to transfer him there to face criminal charges. He refused to sign a similar warrant in June, and his lawyer says he will continue to fight his extradition.
Tuesday's hearing lasted just a few minutes, but it sets the stage for another legal showdown in this case.
Authorities in Texas have charged Jeffs with bigamy, aggravated sexual assault and assault related to alleged incidents with girls at a church ranch near Eldorado.
Tuesday, after Jeffs refused to sign the waiver, 3rd District Judge Terry Christiansen set a hearing for Nov. 15.
"We don't need him here right now, and we think the great state of Texas ought to have an opportunity to try Mr. Jeffs with the crimes he's alleged to have committed in Texas," said Assistant Attorney General Craig Barlow.
Jeffs' attorney Wally Bugden says they hope to resolve Jeffs' case in Utah before being sent to Texas.
• Aug. 29, 2006 - Warren Jeffs Arrested in Las Vegas
• Dec. 14, 2006 - Jeffs Ordered to Stand Trial for Charges Tied to Teen Marriage
• May 29, 2007 - Jeffs Competent to Stand Trial but Mentally Ill
• June 30, 2007 - Jeffs' Traffic Stop Ruled Legal
• July 5, 2007 - Utah Supreme Court Denies Request to Move Jeffs Trial
• July 20, 2007 - Judge Rules Jailhouse Statements Can't Be Used Against Jeffs
• Sept. 25, 2007 - Jurors Discuss Guilty Verdict in Jeffs Trial
• Nov. 20, 2007 - Jeffs Sentenced to Five Years to Life
• Dec. 3, 2008 - Jeffs appeals conviction to Utah Supreme Court
• March 17, 2009 - Court denies appeal in polygamist leader's case
• Nov. 3, 2009 - Utah Supreme Court hears Warren Jeffs appeal
• July 27, 2010 - State Supreme Court reverses Warren Jeffs convictions, orders new trial
• Aug. 23, 2010 - Shurtleff asks for clarification in Warren Jeffs' case
"There's a legal basis to say that Texas and Utah governors are depriving Mr. Jeffs to his constitutional rights to a speedy trial," said Bugden. "They've entered into an improper agreement, and we intend to air that out in front of Judge Christiansen."
In July, the Utah Supreme Court threw out Jeffs' 2007 conviction of rape as an accomplice, ruling that faulty jury instructions denied Jeffs a fair trial and state attorneys misapplied accomplice liability law in the case. Now, prosecutors are weighing whether to retry Jeffs.
"The state of Utah is losing, so what do they want to do? They want to send him off to Texas. ‘Let's get rid of Mr. Jeffs, we made a mistake prosecuting Mr. Jeffs, let's just send him to Texas. Let him be Texas' problem,'" Bugden said. "We're here to protect the rights of Mr. Jeffs."
Jeffs supporters, including the FLDS spokesman, echoed Bugden's sentiment that Utah officials who prosecuted Jeffs are trying to quickly cut their losses.
"I don't believe Utah really has anything to hold him on right now," said Jeffs supporter Heidi Foster. "They've held him for four years. They don't have a conviction and haven't decided if they're going to retry him or not. It seems like if he were anybody else he wouldn't be in jail right now."
"I think the Constitution's clear that everyone has the right to a speedy trial. And if they want to have a trial and charge him here, then all we're asking for is a chance to clear our name," said FLDS spokesman Willie Jessop. "We had that opportunity in Arizona. If they want to give a chance to clear our name, give us that right. That's all we're asking for."
The judge allowed Jeffs to appear in court Tuesday wearing a dark suit rather than jail jumpsuit, something the judge discussed with the two sides.
"There was a motion to have Mr. Jeffs appear in civilian clothing. We chatted about that, and there was a discussion about whether he'd have restraints," said Assistant Attorney General Craig Barlow. "The judge ruled accordingly."
"The state fought very hard to make him look like a criminal coming into the courtroom. They wanted that image for you all to advertise that, and we think that it's wrong," Jessop said. "We think if he's a criminal then we ought to have a day in court where he's indicted and convicted for it. But to come in here and hold him out an use him as propaganda for political purposes is flat wrong. And we're grateful the judge gave him that privilege today."
In the meantime, Jeffs' supporters wonder if he's being treated fairly.
"I just believe that he should be treated fair. I'm not sure he's getting a fair shake," said Foster. "This is the first time I've ever seen him in person, but from the photos it looks like he has been aged, and I do hope he's being treated fair where he's being held."
About a dozen of Jeffs' FLDS followers -- all men -- attended the Tuesday hearing, which lasted only about five minutes. As is customary, church members stood as a sign of respect when Jeffs was escorted into the room by security officers from the court and the state prison.
"It's certainly had its toll on him, and I think that's to the satisfaction of those who put him there in the first place," Jessop said.
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Story compiled with contributions from John Daley and the Associated Press.
