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A federal judge decided Monday that Lyle Steed Jeffs — one of 11 leaders and members of the polygamous Fundamentalist Church of Jesus Christ of Latter-Day Saints indicted on federal charges of food-stamp fraud — will remain in jail pending trial.
Jeffs, 56, smiled at supporters as he was led out of a Salt Lake City courtroom for a ride back to the Davis County jail, where he has been held since Feb. 23. The most-senior of his eight remaining wives, Pauline Barlow, attended the hearing with about 10 other FLDS faithful.
Jeffs handled day-to-day affairs of the church for his older brother, Warren Jeffs, who is serving up to life in prison plus 20 years in Texas for crimes related to marrying and sexually abusing underage girls, according to prosecutors.
After a three-hour hearing, U.S. Magistrate Judge Dustin Pead found that Lyle Jeffs is a risk to flee or to obstruct the prosecution's case if freed.
Pead acknowledged it is unusual for someone with no criminal history and who is charged with nonviolent offenses to remain jailed pending trial. But the judge cited briefs and witness affidavits describing Jeffs as having hideouts, multiple vehicles, access to money and followers willing to assist him if ordered.
Pead noted that the conspiracy of which Jeffs is accused relied on those followers to turn over their food-stamp benefits to church leaders. Prosecutors allege those benefits were used to buy food for the FLDS storehouse or converted to cash to buy vehicles and pay other expenses.
"The reports paint an overall picture to the court that higher access had higher benefits," Pead said.
Three public defenders represented Jeffs on Monday. They argued he should be confined to a rented condo in Hurricane and be made to wear an ankle monitor.
The defense called four witnesses to the stand — three apparent FLDS members and one attorney who has represented Jeffs and the church in civil litigation. The defense asked them questions aimed at showing that Hildale, Utah, and Colorado City, Ariz., collectively known as Short Creek, are not as secretive and insular as the government has claimed.
Edwin Barlow, a Hildale City Council member who also works for the local fire department, denied allegations made in court papers by Jeffs' ex-wife that the fire department made fake IDs so people could evade law enforcement. Barlow described a good and open town.
"Are you law-abiding citizens?" defense attorney Kristen Angelos asked.
"Yes, we are," Barlow said.
Mary Musser, one of Jeffs' older sisters, denied that he owns any property in South America, something the government has alleged. She said Jeffs still has children as young as age 6.
When asked if her brother cared about the community, she replied: "Yes, very much so."
It is likely to be a year before Jeffs goes to trial.
Three other men, including Seth Jeffs — a younger brother to Lyle and Warren — also have been detained pending trial. One of those men, business owner John Wayman, has a hearing Friday to redetermine that issue.
Seven other co-defendants have been released pending trial.
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