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On Tuesday, 10 of the 11 defendants indicted in the Fundamentalist Church of Jesus Christ of Latter-Day Saints fraud case were in court to argue they had a religious right to share their food stamp benefits.
Here's the article about the hearing, and here are a few things said during the hearing that didn't make it into the article.
Lyle leads • That one absent defendant was Lyle Jeffs, who absconded from his pre-trial release in June. His three federal defenders continue to represent Lyle Jeffs in his absence.
They took the lead at Tuesday's hearing as they have for most of the case. They called the expert defense witness, retired Brigham Young University professor Lyndon W. Cook, and spent the most time questioning witnesses and arguing to Judge Ted Stewart.
Big house • Lyle Jeffs' attorney Kathy Nester spent time questioning a government witness about the Supplemental Nutrition Assistance Program's definition of a household and implied it didn't fit the lifestyle of residents in Short Creek.
That definition requires that spouses living together be counted as part of the household, but FLDS women who are only spiritually married often list themselves as single when filling out government forms. Also, many FLDS women are raising children who are not their own because the sect has evicted so many parents or sent them to other states to work or repent.
Jeffrey Cohen, the Deputy Associate Administrator of SNAP, and who flew in from headquarters in Virginia to testify, told Nester that Congress decided what is a household under the program.
"Congress has made clear the definition of 'household' is not to be tampered with," Cohen said.
Nester seemed to be preparing a defense that the FLDS were using their benefits in a way that accommodated their unusual households and community. She asked Cohen about Native Alaskan tribes who are allowed to use SNAP benefits to buy hunting and fishing gear, and special rules for group homes. Cohen explained that Congress created those accommodations; his office is only allowed so much latitude to accommodate unique SNAP applicants.
Speaking voice • Seth Jeffs does not sound like his brothers.
I've heard four of his full brothers testify in various legal proceedings — imprisoned FLDS President Warren, plus Lyle, Nephi and Isaac Jeffs. Those four tend to give short answers and speak so softly you have a hard time hearing them.
Seth Jeffs won't be confused with a game show announcer, but he did speak in a normal volume and tried to give answers with nuance.
In one example, his attorney, Jay Winward, asked Seth Jeffs about the Principle of Agency, in which Mormons believe one has the power to choose right or wrong, and whether he always chooses the former.
"I choose to follow my faith," Seth Jeffs testified. "I know my weaknesses. I'm not perfect."
Ladies don't • There are two women among the defendants, which is unusual in a case involving polygamy. They are Kristal Meldrum Dutson and Ruth Peine Barlow.
Near the start of the hearing Tuesday, Stewart asked defense attorneys if their clients were claiming the right to teach the Law of Consecration — which involves donating food to a central storehouse for redistribution — to their fellow parishioners. Most of the attorneys representing men said yes. Dutson and Barlow's attorneys had more nuanced answers.
Aric Cramer, an attorney for Dutson, told Stewart she is "not allowed to teach to the church in general," but wants to be able to teach her religion to her children.
Barlow's attorney specified she wants to be able to teach to her children, too.
The FLDS allows priesthood holders, who can only be men, to teach in church.
Attendance • I counted about 50 people in the gallery when Tuesday's hearing started. About half of those were FLDS wearing their traditional attire — prairie dresses for women and long-sleeved shirts and jeans for the men.
U.S. Attorney for Utah John Huber also was in the gallery for the first half of the morning.
Twitter: @natecarlisle