Case 3:12-cv-08123-HRH Document 652 Filed 09/18/15 Page 1 of 4

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Jeffrey C. Matura, State Bar No. 019893

Melissa J. England, State Bar No. 022783
Asha Sebastian, State Bar No. 028250
Graif Barrett & Matura, P.C.
1850 North Central Avenue, Suite 500
Phoenix, Arizona 85004
Telephone: (602) 792-5700
Facsimile: (602) 792-5710
jmatura@gbmlawpc.com
mengland@gbmlawpc.com
asebastian@gbmlawpc.com
Attorneys for Defendant Town of Colorado City,
Arizona

UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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United States of America,

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Plaintiff,

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v.

Case No. CV-12-8123-PCT-HRH

DEFENDANT TOWN OF
COLORADO CITYS MOTION IN
LIMINE NO. 9:

Town of Colorado City, Arizona; City of TO PRECLUDE ALL EVIDENCE

Hildale, Utah; Twin City Power; and Twin REGARDING WARREN JEFFS
City Water Authority, Inc.,
DICTATIONS, SERMONS, AND
CORRESPONDENCE
Defendants.

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(Oral Argument Requested)

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Pursuant to Federal Evidence Rules 403 and 802, Colorado City moves to preclude

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the United States from referring to, or attempting to enter any evidence regarding, Warren

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Jeffs alleged dictations, sermons, and correspondence because they are irrelevant, any

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probative value is substantially outweighed by the danger of unfair prejudice, and are

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inadmissible hearsay.

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I.

FACTUAL BACKGROUND.

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Warren Jeffs is a polarizing figure. To some, he is or was the prophet of the FLDS

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Church. To others, he is the symbol of a Church gone awry. CNN, NBC, ABC, and just

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Case 3:12-cv-08123-HRH Document 652 Filed 09/18/15 Page 2 of 4

about every other national news organization has covered Warren Jeffs since his arrest in

2006, conviction in 2011, and confinement ever since.

The United States alleges that members of the Marshals Department and

employees of Colorado City and Hildale place their allegiance with the FLDS Church and

Warren Jeffs, rather than with their official duties. The United States will therefore use

the name Warren Jeffs extensively throughout the trial, but the United States has also

disclosed hundreds of thousands of pages of alleged dictations, sermons, and

correspondence from Warren Jeffs. None of these documents have any relation to the

United States claims and could only be used to sensationalize the trial. They are also all

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inadmissible hearsay.

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introducing any evidence about them.

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II.

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This Court should therefore preclude the United States from

WARREN JEFFS DICTATIONS, SERMONS, AND CORRESPONDENCE

ARE IRRELEVANT, UNDULY PREJUDICIAL, AND INADMISSIBLE
HEARSAY.

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Under Federal Evidence Rule 401, relevant evidence is evidence that has any

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tendency to make a fact more or less probable than it would be without the evidence; and

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the fact is of consequence in determining the action. Irrelevant evidence is inadmissible,

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as is relevant evidence if its probative value is substantially outweighed by the danger of

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unfair prejudice, confusion of the issues, or misleading the jury.1

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The United States has disclosed numerous dictations, sermons, and correspondence

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allegedly from Warren Jeffs. None of them reference any fact at issue in this case; rather,

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they are about religious doctrines and principles.

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irrelevant. But even if relevant, they can only serve to sensationalize this trial and focus

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the jurys attention on Warren Jeffs (who is not a party) and the religious doctrines of the

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FLDS Church (which is not a party), rather than whether discrimination occurred with

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respect to specific instances of conduct at issue in this case. These documents will

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therefore confuse the issues and mislead the jury.

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See Fed. R. Evid. 402, 403.

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These documents are therefore

Case 3:12-cv-08123-HRH Document 652 Filed 09/18/15 Page 3 of 4

The documents are also inadmissible hearsay under Federal Evidence Rule 802.

The United States did not depose Warren Jeffs or anyone from the FLDS Church who can

lay the foundation for these documents or confirm their authenticity. Warren Jeffs

location is not a secret, but the United States chose not to depose him. They also chose

not to issue a Rule 30(b)(6) deposition notice for a representative from the FLDS Church.

Without a witness to clear the various evidentiary hurdles to use these documents, they

remain inadmissible hearsay.

III.

CONCLUSION.

This case is not about Warren Jeffs dictations, sermons, or correspondence. They

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are also classic hearsay. Pursuant to Federal Evidence Rules 402, 403, and 802, Colorado

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City therefore requests that this Court preclude the United States from making any

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reference to, or trying to use any evidence of, these documents.

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Dated on this 18th day of September 2015.

GRAIF BARRETT & MATURA, P.C.

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By:

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/s/ Jeffrey C. Matura

Jeffrey C. Matura
Melissa J. England
Asha Sebastian
1850 North Central Avenue, Suite 500
Phoenix, Arizona 85004
Attorneys for Defendant Town of
Colorado City, Arizona

Case 3:12-cv-08123-HRH Document 652 Filed 09/18/15 Page 4 of 4

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CERTIFICATE OF SERVICE
I hereby certify that on the 18th day of September 2015, I electronically transmitted
the foregoing document to the Clerks Office using the CM/ECF system for filing and
transmittal of Notice of Electronic filing to the following CM/ECF registrants:

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R. Tamar Hagler
Eric W. Treene
Sean R. Keveney
Jessica C. Crockett
Matthew J. Donnelly
Emily M. Savner
Sharon I. Brett
United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
Attorneys for Plaintiff United State of America

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R. Blake Hamilton
Ashley M. Gregson
Durham Jones & Pinegar
111 East Broadway, Suite 900
Salt Lake City, Utah 84111
Attorneys for Defendants City of Hildale, Utah,
Twin City Water Authority, and Twin City Power

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/s/ Carolyn Harrington

4818-3780-4072

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Case 3:12-cv-08123-HRH Document 652-1 Filed 09/18/15 Page 1 of 1

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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

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United States of America,

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Plaintiff,

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Case No. CV-12-8123-PCT-HRH

ORDER

v.
Town of Colorado City, Arizona; City of
Hildale, Utah; Twin City Power; and Twin
City Water Authority, Inc.,

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Defendants.

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Having reviewed Defendant Town of Colorado Citys Motion in Limine No. 9: to

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Preclude

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Correspondence, and good cause appearing,

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All

Evidence

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Warren

Jeffs

Dictations,

IT IS HEREBY ORDERED that the Motion is granted.

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Regarding

4833-8248-9640, v. 1

Sermons,

and