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John Wayman, one of the figures in what the government calls a scheme by the polygamous Fundamentalist Church of Jesus Christ of Latter-Day Saints to misuse food stamps, will remain in jail, a federal magistrate decided Friday.
Magistrate Judge Dustin Pead said Wayman was a risk to flee and obstruct the government's case and ordered him to remain in custody. However, Pead scheduled another hearing for March 10, when Wayman's defense attorneys will be able to call witnesses and present evidence of why he should be released from jail until his trial, which has not been scheduled.
Friday's hearing offered a preview of what FLDS Bishop Lyle Jeffs will face at his own detention hearing on March 7. That hearing is scheduled to last seven hours in order to give both sides the opportunity to call witnesses and present evidence over whether he should remain in jail pending trial.
Jeffs and Wayman are two of the 11 people charged Tuesday with a count of conspiracy to commit fraud and one count of fraud. The federal government alleges the FLDS ordered followers receiving food stamp benefits to give to the church their government-issued debit cards. The money was spent, an indictment alleges, at church-run stores and diverted to various church and personal expenses.
All the defendants have pleaded not guilty.
At Friday's hearing, Wayman appeared in a blue-and-white-striped Davis County Jail jumpsuit and shackles. Assistant U.S. Attorney Robert Lund presented documents from 2004 through 2006, when FLDS President Warren Jeffs was on the run from law enforcement. Wayman, who owns a manufacturing company in Hildale, provided Warren Jeffs with cash, cars and motorcycles to evade warrants.
Lund called former Warren Jeffs bodyguard Willie Jessop to the witness stand. He described Wayman as a man devoted to Warren Jeffs, one who would be willing to flee or help hide evidence if Warren Jeffs orders it.
"Mr. Wayman has prided himself that nothing will get between him and a directive from Warren Jeffs," Jessop said.
Under cross-examination, Wayman's attorney, Jim Bradshaw, asked Jessop about a lawsuit he has filed against Wayman, members of the Jeffs family and others over a burglary at Jessop's excavating business in Hildale.
Wayman and Lyle Jeffs were arrested Tuesday when they arrived at a Salt Lake City law firm to testify in a deposition for that case.
"I was aware Mr. Wayman would be arrested, yes," Jessop said Friday.
"Well, you helped arrange it," Bradshaw said.
"I don't know that I helped. I … OK, I helped."
Bradshaw said Wayman's appearance at the deposition showed he knows how to follow court orders. The government case for holding Wayman in jail, Bradshaw argued, is his devotion to a church.
"I think we're in a really dangerous and incorrect place," Bradshaw told the judge. "I think [detention] has to be based on objective factors."
But in his ruling from the bench, Pead pointed to Wayman's history of aiding Warren Jeffs, who has written and preached that his orders are superior to the law.
"The issue is whether the religious view he maintains, whether he does maintain religious views, are associated to a view that the government lacks authority to do what it has done."
Twitter: @natecarlisle —
Indicted FLDS members continue to surrender
Nine of 11 indicted leaders and members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints have been booked into jail in connection with a federal food stamp fraud case.
Preston Yates Barlow, 41, of Hildale, Utah, and Hyrum Bygnal Dutson, 55, of Colorado City, self-surrendered Friday.
Both were later released on conditions that include wearing GPS monitoring devices.
Also charged in the indictment are Hildale residents Lyle Steed Jeffs, 56, John Clifton Wayman, 56, Kimball Dee Barlow, 51, Winford Johnson Barlow, 50, Rulon Mormon Barlow, 45, and Ruth Peine Barlow, 41; Colorado City, Ariz., residents Nephi Steed Allred, 40, and Kristal Meldrum Dutson, 55; and Seth Steed Jeffs, 42, of Custer, S.D.
As of Friday afternoon, only Kimball Barlow and Rulon Barlow were still being sought by law enforcement.
Lyle Jeffs, who has been running the church for his older brother, prophet Warren Jeffs — who is serving a sentence of up to life in prison plus 20 years in Texas for crimes related to marrying and sexually abusing underage girls — is set for a detention hearing on March 7.
Winford Barlow, Ruth Barlow and Kristal Dutson were released Thursday night with GPS ankle monitoring devices.