Lawyers spar over evidence admissibility at child bride trial

Records seized at a religious compound in Texas in 2008 at issue for Bountiful man on trial

A lawyer attacked the credibility of religious documents that prosecutors are hoping to tender as evidence in the trial of a man charged with allegedly removing a child from Canada to marry an American man.

Joe Doyle, who was appointed to serve as the friend of the court to ensure a fair trial, questioned the legitimacy of documentation seized by U.S. law enforcement at a fundamentalist Mormon compound in Texas in 2008.

Those records are being presented as evidence in the trial of James Marion Oler, who is charged with allegedly removing a child from Canada and facilitating a marriage to an American member of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) in 2004.

Special Prosecutor Peter Wilson, along with colleague Micah Rankin, is seeking to have those documents admitted into the trial, which serve as evidence showing that Oler carried out specific orders as directed by Warren Jeffs, the FLDS president and prophet.

Crown says the documents, which consist of marriage and priesthood records that are considered a key doctrinal element to the mainstream and fundamentalist Mormon faiths, prove that a marriage occurred and that the weight and validity of those records is corroborated by other witnesses who already testified.

However, Doyle argued that the religious significance of some of the marriage records was not valid as some of the documents appeared to be in template form, had fax numbers on them and were not properly filled out.

“All that’s happened here is you’ve had Texas Rangers seize a bunch of things in a vault in 2008 and have brought them into this court, plunked them into a book, and you’re asked to assume that they’re accurate,” Doyle said. “We don’t even know who made them, we don’t know when they were made. We don’t know when they were amended. We don’t know what process went into making them. Were they made at the time or were they made after the fact by somebody taking notes?”

Two Mormon religious experts earlier testified about the significance of meticulous record-keeping to the faith, which is considered a scriptural commandment in the Book of Mormon.

Also under scrutiny are priesthood records, which consist of instructions, teachings and daily activities as dictated by Jeffs into a handheld voice recorder, a practice confirmed by witness testimony.

For example, one priesthood record — an audio recording — includes Jeffs describing the contents of a phone call with Oler, where he ordered him to bring a young teenager to the U.S. to be married.

Oler is being tried in Cranbrook Supreme Court in front of Justice Martha Devlin. He was previously acquitted of the same charge in 2017, however, Crown successfully appealed the decision at the B.C. Court of Appeal, which awarded a new trial.



trevor.crawley@cranbrooktownsman.com

Like us on Facebook and follow us on Twitter

Just Posted

Judge questions joint submission for Chilliwack man who sexually assaulted girl

Crown, defence ordered to find case law to back up one-year sentencing for Andrew Mullaly

Flood mitigation money coming to protect Chilliwack-area communities

It’s $45M in infrastructure funding to build 6km of dikes, a flood gate, and pump station

CSOPA’s six spring productions in Chilliwack include play about boy with autism

Mix of musicals, comedy, mystery and more for Chilliwack School of Performing Arts’ May shows

Chilliwack’s hospital morgue needs an expansion

Fraser Health plans to more than double the space for ‘decedents’; upgrade antiquated elevators

Chilliwack Mounties pitch tickets to three-strike motorists

When street signage and Speedwatch didn’t work, drivers met with traffic officers

VIDEO: ‘Alarm bells’ raised by footage allegedly from B.C. pig farm, SPCA says

PETA released video Wednesday showing dead and injured piglets next to nursing piglets

‘B.C. cannot wait for action’: Top doctor urges province to decriminalize illicit drugs

Dr. Bonnie Henry says current approach in ‘war on drugs’ has criminalized and stigmatized drug users

VIDEO: Surrey stabbing leaves man with ‘potentially life altering injuries’

Police believe an altercation between two people led to the incident, in the 13700-block of 97A Ave.

VIDEO: Surrey RCMP investigating after ‘sudden death’ of man found with critical injuries

Police say a man is dead after being found laying on the ground in the 13300-block of 114th Avenue

Many teens don’t know they’re vaping nicotine, Health Canada finds

Canadian Tobacco, Alcohol and Drugs Survey finds youth unaware of nicotine product risk

B.C.’s largest Vaisakhi festival target of threatening Facebook post: Surrey RCMP

Police say they are investigating the posts on Facebook, after local MLA forwarded screenshots

Defence accuses officer of ‘incompetence’ in trial for B.C. man charged with daughters’ murders

Double murder trial for the Victoria father accused of killing his two young daughters continues

Murder on B.C. property didn’t need to be disclosed before sale, court rules

Buyer had tried to break contract after learning a man with ties to crime had been murdered there

Tofino beckons Trudeau for quiet Easter vacation

Environmental group hopes latest Pacific Rim vacation inspires change in prime minister

Most Read