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There is a surprise or two in the default order Wendell Musser received from 5th District Judge James L. Shumate, which was signed on Friday.
Wendell was a caretaker for FLDS leader Warren S. Jeffs' wives from late 2005 until June 2006, when Jeffs cut him off because he'd been picked up for driving while intoxicated. Jeffs removed Wendell's wife Vivian and their then 11-month-old son and placed them in hiding. Despite a desperate search for them, Wendell was unable to find his family. So he sued Jeffs.
Wendell is trying to get Jeffs to provide information on the whereabouts of his son, Levi. The order says that Jeffs shall provide Wendell with all location, contact and access information for Levi and his mother, Vivian Barlow -- including physical adddress and telephone numbers.
The order also directs Jeffs to disclose to Musser each location where Levi has resided in the past 13 months and where he may be located in the future. It instructs Jeffs to allow Musser telephone and physical access to Levi and Barlow so the father can coordinate visits with his son.
The judge gave Jeffs until July 25 to provide the information or Musser's attorneys -- Greg and Roger Hoole -- will be allowed to question Jeffs under oath on July 27.
The judge said that if Jeffs fails to provide the information by July 25, he may be sanctioned in the amount of $600 a day, drawn from his commissary account at the Purgatory Correctional Facility.
Here's the kicker: The order also said any sanctions may be assessed against seized property found with Jeffs at his arrest last August -- the cash, telephones, vehicle, laptop comuters, GPS devices. It also gives Musser claim to "other assets and real estate, wherever located, inside or outside of Utah, and however titled or otherwise held by or on behalf of Jeffs."
The judge also gave Musser the go-ahead to take similar action against the FLDS church or individuals who interfere with his right to see his son.
It is unlikely Musser will execute on any of those claims. By next Wednesday, he will likely have heard from Vivian or a representative for her. It worked last time. A day before Jeffs' response to the initial lawsuit was due, Musser got a call from his father inviting him to Utah where he met with Vivian.
She told Musser that neither she nor Levi wanted anything to do with him. Vivian even refused to let Wendell hold his son. As of Thursday, Wendell has had no word from them since that May 25 meeting.
My bet is that by next week Wendell will be hugging that little boy as tight as he can.
Wendell was a caretaker for FLDS leader Warren S. Jeffs' wives from late 2005 until June 2006, when Jeffs cut him off because he'd been picked up for driving while intoxicated. Jeffs removed Wendell's wife Vivian and their then 11-month-old son and placed them in hiding. Despite a desperate search for them, Wendell was unable to find his family. So he sued Jeffs.
Wendell is trying to get Jeffs to provide information on the whereabouts of his son, Levi. The order says that Jeffs shall provide Wendell with all location, contact and access information for Levi and his mother, Vivian Barlow -- including physical adddress and telephone numbers.
The order also directs Jeffs to disclose to Musser each location where Levi has resided in the past 13 months and where he may be located in the future. It instructs Jeffs to allow Musser telephone and physical access to Levi and Barlow so the father can coordinate visits with his son.
The judge gave Jeffs until July 25 to provide the information or Musser's attorneys -- Greg and Roger Hoole -- will be allowed to question Jeffs under oath on July 27.
The judge said that if Jeffs fails to provide the information by July 25, he may be sanctioned in the amount of $600 a day, drawn from his commissary account at the Purgatory Correctional Facility.
Here's the kicker: The order also said any sanctions may be assessed against seized property found with Jeffs at his arrest last August -- the cash, telephones, vehicle, laptop comuters, GPS devices. It also gives Musser claim to "other assets and real estate, wherever located, inside or outside of Utah, and however titled or otherwise held by or on behalf of Jeffs."
The judge also gave Musser the go-ahead to take similar action against the FLDS church or individuals who interfere with his right to see his son.
It is unlikely Musser will execute on any of those claims. By next Wednesday, he will likely have heard from Vivian or a representative for her. It worked last time. A day before Jeffs' response to the initial lawsuit was due, Musser got a call from his father inviting him to Utah where he met with Vivian.
She told Musser that neither she nor Levi wanted anything to do with him. Vivian even refused to let Wendell hold his son. As of Thursday, Wendell has had no word from them since that May 25 meeting.
My bet is that by next week Wendell will be hugging that little boy as tight as he can.
Labels: Wendell Musser
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