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FLDS leader Warren Jeffs' attorneys have filed an appeal on his rape-as-an-accomplice conviction here in Utah. The brief was filed Nov. 25. The appeal itself is 80 pages.
The arguments range from technical to basic:
- The trial court erred in rejecting the instruction requiring that Jeffs had the intent that [Alan] Steed rape [Elissa] Wall.
- The trial court erred in refusing the proposed instruction requiring jury unanimity on the elements of the offense.
- There is insufficient evidence to sustain the convictions as accomplice to rape.
- There is insufficient evidence that Wall was enticed into having sex with Steed.
- The enticement statute is vague and a violation of defendant's First Amendment rights.
- The trial court erred in denying the motion for new trial based upon the reconstitution of the jury after deliberations had begun.
- The trial court erred in imposing consecutive sentences.
Assistant Attorney General Laura Dupaix is fine with how the case was handled the first time. She says, "We followed this trial very closely, we worked in consultation with Washington County attorney in this case, and we feel very comfortable in defending this just conviction on appeal."
The state says it's likely to respond to the brief within the next 60 days. Calls from KSL to Jeffs Attorney Wally Bugden were not returned.
E-mail: aadams@ksl.com
