This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A federal judge denied a motion Monday from polygamous leaders who sought to be tried separately in a food-stamp-fraud case.
John Clifton Wayman and Seth Steed Jeffs — brother of Fundamentalist Church of Jesus Christ of Latter-Day Saints President Warren Jeffs — said in their motion, filed Aug. 29, that their Sixth Amendment right to a speedy trial would be violated unless the court held individual trials for each man.
The two, among others, were indicted Feb. 17 and charged with conspiracy and fraud after FLDS Church leaders allegedly commanded members to hand over their food-stamp benefits.
"As a general rule," U.S. District Judge Ted Stewart wrote in his denial, "individuals indicted together should be tried together," unless there is a "serious risk" that a joint trial would compromise one of the defendants' specific trial rights or prevent the jury from making a reliable judgment.
Stewart's denial cites a case that says "delays approaching one year generally satisfy the requirement," and their trial is set for Jan. 30.
While the delay is "lengthy," the document says, the men's right to a speedy trial "has not been violated."
Wayman and Jeffs have continued to file or join motions and "may yet join in recently filed motions," which have delayed the judicial process, Stewart wrote. "Thus, it cannot be said that they have 'used all means available to [them] to secure an immediate trail.' "
He added that the delay also allowed for "necessary preparation." mnoble@sltrib.com
Twitter: @mnoblenews