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

Community groups make a large amount of money available to Chemainus grads

Scholarships and bursaries for class members for post-secondary total $85,000

Chemainus Secondary grads embark on a new journey

Friday ceremony a time to reflect on the past, look forward to the future

Wildwood Ecoforest: the heart of ecoforestry

Wildwood is a 77 acre parcel located on the south end of Quennell Lake in Yellow Point

Ladysmith man arrested for armed robbery and jewelry theft

Dustin Williams charged for robbery of beer and wine store and theft at jewelry store in Nanaimo

Ladysmith hosts Indigenous Peoples Day celebrations at Transfer Beach

Community comes together to celebrate Indigenous Peoples Day

Video shows fireworks shot at swan in Alberta

Alberta Fish and Wildlife is investigating the incident in Grande Prairie

Foot ferry service in Nanaimo won’t happen this summer

Island Ferries says it still needs to secure funding

WITH VIDEO: Two endangered marmots released on Vancouver Island

With three new pups born in May, two more Vancouver Island Marmots… Continue reading

‘Text neck’ causing bone spurs to grow from millennials’ skulls, researchers say

Technology use from early childhood causing abnormal bone growths in 41 per cent of young adults

B.C. teen killed by fallen tree on field trip remembered as hero

13-year-old Tai Caverhill was the first to spot the tree falling and warned his friends

Surrey RCMP raises Pride flag amid din of protesters

There were about 30 protesters on either side, and 20 Mounties doing crowd control

Should B.C. get rid of Daylight Saving Time?

The province wants to know, as state governments down south make the move

Air Canada reviewing how crew left sleeping passenger on parked plane

In a Facebook post, the woman said she woke up ‘all alone’ on a ‘cold dark’ aircraft

Canadians crash out of Women’s World Cup in 0-1 loss to Sweden

Canada missed a chance to tie the game on a penalty shot

Most Read