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Case 2:16-cr-00082-TS-RTB Document 539 Filed 09/02/16 Page 1 of 5

JOHN W. HUBER, United States Attorney (#7226)


ROBERT A. LUND, Assistant United States Attorney (#9579)
TYLER L. MURRAY, Assistant United States Attorney (#10308)
AMANDA A. BERNDT, Assistant United States Attorney (#15370)
BROCK R. BELNAP, Special Assistant United States Attorney (#6179)
Attorneys for the United States of America
185 South State Street, Suite 300
Salt Lake City, Utah 84111
Telephone: (801) 524-5682

IN THE UNITED STATES DISTRICT COURT


DISTRICT OF UTAH, CENTRAL DIVISION

UNITED STATES OF AMERICA,

Case No. 2:16-CR-82-TS

Plaintiff,

MOTION IN LIMINE TO ADMIT


OUT-OF-COURT STATEMENTS OF
WARREN JEFFS

Defendants.

District Court Judge Ted Stewart

vs.
LYLE JEFFS, et. al.,

COMES NOW, the United States of America, by and through the undersigned
Assistant United States Attorney, and moves the court in limine to determine the relevance and
admissibility of certain out-of-court statements made by Warren Jeffs. The United States moves
for a pre-trial ruling on the issue in order to avoid interruption of or lengthy argument during
trial. Palmieri v. DeFaria, 88 F.3d 136, 141 (2nd Cir. 1996).

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PROFFER
In the case at bar, the indictment alleges that leaders of the FLDS Church directed
members of the church to donate their SNAP benefits to the Church Storehouse, in violation of
the governing statute and regulations, as required by the communal living provisions of the
United Order. The indictment charges that faithful participation in the United Order requires
members to donate all of their material substance to the church. The indictment further alleges
that Warren Jeffs, as the proclaimed prophet, leads the FLDS church.
The United States contends that in order to make determinations regarding the allegations
in the indictment the finder of fact must consider those allegations in the context of the culture
and doctrine of the FLDS Church. The pertinent, contextual evidence includes the dictates of the
Warren Jeffs to the FLDS community regarding the implementation of the United Order, the
requirements of participation in the United Order, and the consequences to members for failing
to abide by those requirements. In that regard, as illustrative of the type of statements at issue,
the United States proffers various statements of Warren Jeffs, as contained in the attachment
appended to this motion. The underlying materials have been disclosed through the discovery
process.
The proffered evidence establishes the following:

Warren Jeffs identified himself as a prophet of God and the leader of the FLDS Church.
Warren Jeffs provided instruction to FLDS members by way of dictate, order, and
command.
Warren Jeffs directed FLDS members to live the doctrine of the United Order and donate
all of their material substance to the church.
Warren Jeffs warned members that failure to donate all of their material substance to the
church would carry severe ramifications, including castigation, excommunication, and
damnation.

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ARGUMENT
A. Relevance
Pursuant to Federal Rule of Evidence 401, relevant evidence means evidence having any
tendency to make the existence of any fact of consequence to the determination of the action
more probable or less probable than it would be without the evidence. United States v. Shomo,
786 F.2d 981, 985 (10th Cir. 1986). Evidence establishing motive to commit a certain crime
constitutes relevant evidence. United States v. Bradshaw, 690 F.2d 704, 708 (9th Cir. 1982).
Because the indictment alleges and the evidence establishes that FLDS members donated
their SNAP benefits to the FLDS church at the direction of their leaders, including Warren Jeffs,
the dictates of Warren Jeffs to members related to that topic constitute relevant evidence at trial.
B. Admissibility
Statements of Warren Jeffs, such those outlined in the attached proffer, constitute admissible
evidence because those statements are not hearsay or because they satisfy valid exceptions to
rule against hearsay. Those statements may be admitted under one or more of the following
bases:
1. Non-hearsay
Pursuant to Federal Rule of Evidence 801(d)(2)(E), coconspirator statements are not
hearsay. 1 United States v. Urena, 27 F.3d 1487, 1490 (10th Cir. 1994). Because the
circumstantial evidence establishes that Warren Jeffs knew that a large percentage of members in
the small and insular, FLDS community received SNAP benefits, he conspired in the

The statements of an unindicted coconspirator qualify for admission under Rule 801(d)(2)(E). United States v.
Townley, 472 F.3d 1267, 1273 (10th Cir. 2007); United States v. Davis, 766 F.2d 1452, 1457-58 (10th Cir. 2007).

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commission of SNAP fraud when he ordered members to donate all of their material substance to
the church.
Additionally, pursuant to Federal Rule of Evidence 801(c), an out-of-court statement
constitutes hearsay only if offered to prove the truth of the matter asserted in the statement.
When a party offers a statement to prove the mere making of the statement and not the truth of
the matter stated, no hearsay question exists. Anderson v. United States, 417 U.S. 211, 219
(1974); United States v. Krohn, 573 F.2d 1382, 1386 (10th Cir. 1978). Similarly, directions,
instructions, or commands contain no assertion of fact and therefore are not hearsay. United
States v. Sheppard, 739 F.2d 510, 514, 1386 (10th Cir. 1984) (An order or instruction is, by its
nature, neither true nor false and thus cannot be offered for its truth. The orders or instructions
were offered to show that they occurred rather than to prove the truth of something asserted.);
United States v. White, 639 F.3d 331, 337-38 (7th Cir. 2011) (same).
As the leader of the FLDS church, Warren Jeffs instructed or directed its members to do
specific things. As those commands are not hearsay, those statements constitute admissible
evidence. Relatedly, because members acted in compliance with the instructions of Warren Jeffs
and donated their SNAP benefits to the church, those statements are admissible to establish the
effect on the listener. United States v. Lambinus, 747 F.2d 592, 597 (10th Cir. 1984).
2. Hearsay Exceptions
Evidence Rule 803(3) provides an exception to the hearsay rule for statements offered to
establish the declarants state of mind. Thornburg v. Mullin, 422 F.3d 1113, 1128 (10th Cir.
2005); United States v. Joe, 8 F.3d 1488, 1492 (10th Cir. 1993). Likewise, evidence Rule 803(6)

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provides an exception to the hearsay rule regarding records of regularly conducted activity.
United States v. Ary, 518 F.3d 775, 786 (10th Cir. 2008).
Because the proffered statements establish Warren Jeffs state of mind regarding facts at
issue in the charged conduct, and because his published proclamations to the world as the head
of the FLDS Church constitute records related to regularly conducted activity of the church,
statements corresponding to either of those categories are admissible under exceptions to the rule
against hearsay.
CONCLUSION
The United States respectfully requests that the court make a determination regarding the
relevance and admissibility regarding the classes of statements identified in this motion.
DATED this 1st Day of September, 2016.
JOHN W. HUBER
United States Attorney
/s/ Robert A. Lund____________
ROBERT A LUND
Assistant United States Attorney

Case 2:16-cr-00082-TS-RTB Document 539-1 Filed 09/02/16 Page 1 of 7

Attachment

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THE STATEMENTS OF WARREN JEFFS


At trial the United States intends to offer various statement of Warren S. Jeffs taken from the several
different sources: Warnings/Revelations to the World by Warren S. Jeffs, the Private Priesthood Record
of Warren S. Jeffs, Dictations of Warren S. Jeffs, notes from Warren S. Jeffs to his family, recorded
visitation visits with Warren S. Jeffs at Powledge Unit Correctional Facility in Palestine, Texas, recorded
phone calls from Warren S. Jeffs at Powledge Unit Correctional Facility, and recorded FLDS meetings.
The United States proffers the following statements as illustrative of the statements it will offer:

March 13, 2011 - Recorded Phone Call from Warren S. Jeffs to the FLDS General Meeting
Congregation in Colorado City, Arizona

The recording is of a live telephone call from Warren S. Jeffs to the FLDS General Meeting
Congregation in Colorado City Arizona. During the phone call, Warren S. Jeffs instructs people to
consecrate all they possess, stating they will come to an end if they do not abide the Celestial Law in
fullness. The chart below lists the time on the recordings at which these specific statements are found:
Time
60:00

Speaker
Warren S. Jeffs

1:25:40

Warren S. Jeffs

1:27:10
1:40:07

Warren S. Jeffs
Lyle S. Jeffs

1:43:54

Lyle S. Jeffs

1:54:34

John Wayman

Notations
Warren Jeffs tells the people to consecrate all they possess,
stating they will come to an end if they do not abide the Celestial
Law in fullness.
Warren Jeffs describes what will happen if they do not abide the
United Order.
"Giving all unto their God and building up my storehouse.
Lyle Jeffs instructs congregation to stand, raise their right hand
and promise to abide Warrens directive to consecrate all
possessions to storehouse.
Lyle Jeffs tells the people to keep "sacred and secret" this
directive to consecrate. Lyle continues his message, using some
historical quotations and says, "Do not betray the Brethren lest
innocent blood be found upon your skirts and you go down to
hell.
John Wayman was then asked to bear witness of a January 2007
visit to Warren in prison, wherein Warren placed his hands on the
barrier glass & John placed his hand on the glass and Warren
"read his heart" and told about things only God knew.

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August 21, 2011 - Recorded FLDS General Meeting in the LSJ Meetinghouse in Colorado City,
Arizona (File Name 20110827 203540).

During the meeting, Lyle S. Jeffs reads a revelation of Warren S. Jeffs (Huntsville Letter #5), in which
Warren S. Jeffs calls Lyle S. Jeffs, John Murdock Barlow, and Vaughn Taylor to be judges over all people in
determining United Order membership.
Time
4:02
4:17
4:36
4:59
7:43
16:53

Speaker
Lyle S. Jeffs
quoting Warren
S. Jeffs
Lyle S. Jeffs
quoting Warren
S. Jeffs
Lyle S. Jeffs
quoting Warren
S. Jeffs
Lyle S. Jeffs
quoting Warren
S. Jeffs
Lyle S. Jeffs
quoting Warren
S. Jeffs
Lyle S. Jeffs

Notations
..let the purging of unworthy sons commence.
Let my servant Lyle Jeffs be a judge with his special counselors of
Bishops Labor, even John M. Barlow, and also Vaughn Taylor.
Judge my Priesthood to now place each on notice
that if they cannot qualify for the full consecration law of union
celestial, they shall not be part of My Church.
Let all come, one by one, make of themselves a full accounting, to
either be of my full Order, or no longer be of my Priesthood.
Let no one remain in my church who is not of my Holy Order of
Union power of eternal power celestial.
We must be part of the United Order to continue in Priesthood,
and it's very clearly defined here.

December 11, 2011 Recorded Phone Call from Warren S. Jeffs to the FLDS Congregation at
the LSJ Meetinghouse in Colorado City, Arizona (File Name 20111211_164656).

During the recorded phone call, Warren S. Jeffs provides the gathered congregation with additional
instructions regarding the United Order.
Time
2:42

Speaker
Warren S. Jeffs

4:16

Warren S. Jeffs

Notations
You were baptized clean and pure, and accepted into the Holy
Order of Eternal Union, pure before Thy God. And conferred by
Priesthood Ordinance as members in my Holy Law. Hasten to
prepare, for there comes a time when I appoint, when those
not in United Order Covenant by ordinance, will no longer hold
Priesthood, nor members of my Church.
I hereby repeat, United Order Covenant People must live my
first two great commandments in spirit and in truth, to love the
2

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7:08

Warren S. Jeffs

11:32

Lyle S. Jeffs

Lord thy God with all thy heart, might, mind and strength, with
thy whole soul, in full consecration and stewardship law. Be full
giving.
Let all who will receive United Order Covenant through
Celestial Power, not just earthly, giving thy lives for my cause of
Zion to rise in full Vision the New Jerusalem, amen.
Lyle emphasizes importance of not mentioning Warren's phone
call to anyone. "Keep these sacred things secret.

July 22, 2012 Recorded Audio from United Order General Meeting Assembly at the LSJ
Meetinghouse in Colorado City, Arizona (File Name 20120823 212303).

During the meeting, John C. Wayman reads revelation of Warren S. Jeffs publicly excommunicating
and shaming those deemed unworthy of continued membership in the FLDS Church.

August 23, 2012 Recorded Audio in a United Order General Meeting to FLDS members in the
LSJ Meetinghouse in Colorado City, Arizona

During this meeting John C. Wayman reads a revelation of Warren Jeffs describing further controls
and restrictions on United Order members, and the severe consequences of non-compliance.
Time
1:12

Speaker
John C. Wayman
quoting Warren S.
Jeffs

5:43

John C. Wayman
quoting Warren S.
Jeffs
John C. Wayman
quoting Warren S.
Jeffs

13:28

Notations
"Now if any United Order use birth control pill way, or
contraceptive unholy way at all, even temporary time cycle, not
restrictive way, thus still use of restrictive conceiving order,
such are no member way, forever way, unto damning soul
order. Thus saith God to all United Order people entire, amen.
all only do adoption way as I, your Lord, shall approve,
amen." (any adoptions among United Order members must be
approved by Warren)
The Lord says, Thus when thy Lord speaketh, tell United Order
that new meetings being called, of special parent order, to be of
full bowing of backs, giving all...

March 14, 2015 - Recorded Powledge Unit Correctional Facility visit with Warren S. Jeffs
(Located in Discovery - Bates HD-02-01)

This recorded meeting occurred between Warren S. Jeffs and his brothers, Lyle S. Jeffs, Isaac S. Jeffs,
and Nephi S. Jeffs. During the conversation, Warren S. Jeffs advises to build up the United Order. He
also says that any questions relating to the need for food in the community are vanity questions.
3

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TIME
13:35
1:09:10

SPEAKER
Warren S. Jeffs
Warren S. Jeffs
Isaac S. Jeffs
Warren S. Jeffs

1:18:05

Warren S. Jeffs

NOTATIONS
Acquire goods of this world to build up the United Order.
Warren asks his brothers if they have questions on which he can
give guidance.
Theres theres many questions about food items
Vanity questions. Vanity questions. I the Lord know what is in
your minds. I know what you need. I will speak further. Amen.
Warren gives direction on what food should be eaten by his
family. Warren directs limited use of certain foods including
pineapple juice, onions, and garlic.

May 23, 2015 - Recorded Powledge Unit Correctional Facility visit with Warren S. Jeffs
(Located in Discovery - Bates HD-02-01)

The recorded meeting occurred between Warren S. Jeffs and his brothers, Isaac S. Jeffs and Nephi S.
Jeffs. During the meeting, Warren S. Jeffs passes detailed instructions on Storehouse procedures.
Time
1:16:44

Speaker
Warren S. Jeffs

Notations
Guiding Elder, where you preside, make sure United Order lists
are all previewed by you before purchasing, if possible, amen.
Therefore they know when you come, have lists signed for
permission. And when you see somebody who is asking for
expensive items not needed, ask why. And if they have items of
that nature already. Also, have daughter Teresa not place out on
a table where public sees everyone's requests filled where she
says, Here's your name and here's your item. Do not let that
happen. It is called gossip outwardly. When you do not keep
confidences people's need fulfilled. Jealousy often of childhood,
where everyone running to see everyone's goods they have
waiting at goods table. Whether it is food or appliances, clothes,
shoes, let it be kept in a back room, and they are informed by
note or they know to come and check if their item is there, and
they get it out of the room and give to them, therefore under
control of storehouse labor, amen. Make this correction now,
soon, when you go next time to that location amen.

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June 6, 2015 at 8 am - Recorded Powledge Unit Correctional Facility visit with Warren S. Jeffs
(Located in Discovery - Bates HD-02-01)

The recorded meeting occurred between Warren S. Jeffs and his brothers, Isaac S. Jeffs and Nephi S.
Jeffs. During the meeting, Warren S. Jeffs passes instructions to be faithful to the United Order and in
keeping the covenants and warns that the family of Lyle S. Jeffs is breaking United Order covenants.
Warren S. Jeffs also directs on a pending legal case (Nut Harvest Case) wherein he explains that no assets
should be in the church (UO) name as he has previously directed.
TIME

SPEAKER

1:12:15

Warren S. Jeffs

1:15:00

Warren S. Jeffs

1:42:40

Warren S. Jeffs

1:50:40

Warren S. Jeffs

NOTATIONS
Abide by the UO covenants. Do not sympathize with those
against Keyholder authority. Many are not fully accounting to
bishop authority. Many are not full truth-telling. If anyone in
the UO breaks the covenants of the church, they must become
restoral order. Bishop will guide them in their covenant keeping.
Some in the UO abuse the Storehouse and live for earthly things.
Every family of the church must be of the member order (UO)
and covenant keeping. The faithful will be saved and the
unfaithful will be scourged. Let this be exact read by all bishop
authority.
Lyle needs the spirit of God more fully. Many in the UO are
breaking covenants. Be more inspired and judge them if need
be. Most of his family is Restoral Order still because they
tolerate themselves of covenant breaking. Lyle must set his
household in order before visiting Warren face to face.
The court is summoning two brethren to answer to the court or
a bench warrant may be issued. It relates to the satisfying of the
default. It relates to a multi-million default judgment against
presiding elder. Warren is upset that his counsel was not sought
earlier. He believes the government is trying to reach the entire
UO. Warren directs that nothing should be in the names of
those appointed. Make sure they are protected from the UO
being attacked. Don't avoid the bench warrant. If you need to
answer, only no answer.

The following excerpts are derived from Warren S. Jeffss Jesus Christ Message to All Nations
(2nd Edition ISBN-13:978-1-937271-17-6) publication, wherein he introduces the United Order
as his own revealing:

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o Section Revelation 59:12: Though all people shall know of their labors in the cause of
Zion, there shall be a cleansing of all until only purity abides on my Land of Holiness and
among mine elect in every stake of Zion where my people are taught the Order of Enoch,
the United Order covenant by ordinance, well received in a pure way, through Priesthood,
of my revealing.
o Section Revelation 59:101: My Celestial Laws of Plural Marriage and the United Order
are of my revealing.
o Section Revelation 257:58: My people are to live as I name; not to have governing
power of man interfere religious order doing, of full religion of freedom in land of United
States; also to release my Prophet soon by order of governing authority.

February 15, 2004 9:21 AM - Private Priesthood Record of Warren S. Jeffs


In a message to a congregation of faithful FLDS members at the Place of Refuge R17 in
Eldorado, Texas, Warren S. Jeffs states that God is the center of the United Order and that all
belongs to God, both people and their possessions. Warren then provides the following
instruction related to the Storehouse, stating:
o The storehouse is the center of the labors of the community, and every person is laboring to
build up the Lords storehouse, knowing all they have, or that will come into their hands, is
His increased gifts to them. Everyone builds up the storehouse, and then they make an
account of what they receive.

May 24, 2007 - Note from Warren S. Jeffs to his family


In a Note to his family, Warren S. Jeffs directs his family to obey the Celestial Law of the Holy
United Order or risk being delivered to the buffetings of satan, which is the most severe
condemnation a person could receive. In the letter, Warren S. Jeffs states:
o Read Sections 92, 82 and 96 to see the pattern of how the United Order is established, by
the Lord Himself naming individuals by revelation to enter into and abide the Celestial Law of
this Holy United Order, just like your name was given to enter into Celestial Marriage. So
awake to see the Lord Himself called you to abide this covenant, and He knows you and will
help you as you live unto Him. Read Doctrine and Covenants Sections 82 and104 to realize
the penalties of turning against the covenant of the Holy United Order, even to be delivered
to the buffetings of satan, and to bring a judgment upon yourself, even affecting many
others.