Objection raised by trust concerning subpoena for papers in Jeffs' car

Warren Jeffs

Warren Jeffs

KINGMAN - The Arizona Attorney General's and the Mohave County Attorney's offices have hit another snag in their quest for evidence against Warren Jeffs.

Bruce Wisan, court appointed special fiduciary of the United Effort Plan Trust, is fighting a subpoena for documents issued by the state and the county.

The subpoena was issued on May 9 and requested a number of items that were seized from the maroon Cadillac Escalade Jeffs was riding in when he was arrested on Interstate 15 near Las Vegas in August 2006.

Some of the items requested are: four spiral note pads with notes; a blue zippered pouch containing letters, vehicle documents and other documents; three letter-sized envelopes containing religious documents; two file folders containing religious documents; a black duffle bag containing letters and documents addressed to Jeffs; and three laptop computers with wireless network cards, thumb drives and portable hard drives.

According to court documents filed by Wisan's attorneys, Wisan is objecting to the request because some of the documents are connected to a stipulated protective order between Wisan and Jeffs' attorney.

According to the objection, Wisan first sought copies of the Escalade Documents in 2007 when he was trying to gather information about the trust in his role as fiduciary.

The courts took over control of the trust from the Fundamentalist Church of Latter Day Saints in 2005 after allegations of mismanagement surfaced.

Jeffs' attorneys, who received copies of the documents from the FBI, argued that the documents were confidential.

Wisan's attorneys filed a motion to compel Jeffs' attorneys to hand over copies of the papers.

Later, Jeffs' attorneys agreed to give Wisan the documents under a stipulated protective order. The order states that the trust will treat the documents as confidential unless a court rules otherwise.

According to the protective order, Wisan's attorneys must object to anyone who subpoenas the documents, give them a copy of the protective order and notify Jeffs and his attorneys of the subpoena.

According to the protective order, if Jeffs' attorneys decide not to defend the documents, then Wisan's attorneys can withdraw their objection to the subpoena.

"Except for the requirements of the stipulated protective order, the fiduciary and Shields (Wisan's attorney) are ready, willing and able to comply with the subpoena as to all of the Escalade documents in the possession of the fiduciary," the objection states.

The Arizona Attorney General's Office has directed any requests for information about the UEP trust to the Utah Attorney General's Office.

The Utah Attorney General's Office directed any inquires about the documents to the trust's attorney.