The Polygamy Files:
The Tribune's blog on the plural life

 

Friday, January 30, 2009

UEP talks go on and on and on . . .
. . . which is actually a good thing, I suppose.

I spoke with a bunch of attorneys recently to get a sense of where things stand. Here is what I learned.

Jerrold Jensen, Utah assistant attorney general, told me that last week Third District Judge Denise Lindberg held a teleconference with the attorneys. Jensen said the judge thought things would be progressing faster.

Bill Richards, assistant attorney general for Arizona, proposed holding a two-day meeting with all parties to see if a settlement can be reached. Lindberg agreed and ordered the meeting to occur within 60 days.

Richards told me ''we are in process." I spoke to him a day before a scheduled ''fact-gathering visit'' to the twin towns, where he planned to meet with ''as many people as I can and governmental leaders to get input on what is going on with the trust.''

Who is at the settlement table: Representatives for the FLDS, representatives for the nonFLDS, Bruce Wisan and his attorneys, and representatives of the Utah and Arizona attorney generals' offices. It is a crowded table.

Greg and Roger Hoole have argued they should be at the table, too, though some see that as a conflict since they are handling the civil lawsuit against the trust that is pending before another judge.

Greg Hoole told me he and Roger are representing the Lost Boys and Brent Jeffs, whose lawsuits forced the takeover of the trust and remain part of the beneficiary class.

''NonFLDS make up a significant percentage of that beneficiary class,'' he said. ''Our clients are at least interested to ensure that the rights of all class members are protected in these settlement discussions.''

One interesting tidbit: Although Wisan negotiated a settlement with the Lost Boys/Jeffs along time ago, the property he agreed to give them has yet to be transferred. Greg Hoole told me his firm sent the trust a letter last month asking that the titles be handed over.

Meanwhile, Elissa Wall's civil lawsuit is still in the discovery phase. ''We clearly do not think that it is [part of the stand down],'' Greg Hoole told me. ''We don't think Judge Lindberg has authority to stay a case over which she is not presiding and has no jurisdiction.''

''We're anxious to push that forward as expeditiously as possible so Elissa Wall can have her day in court,'' Greg Hoole said.

Jensen told me that about 300 people turned out for the town hall meeting in Centennial Park a few weeks ago. He said the meeting was ''outstanding.'' One viewpoint expressed: Don't turn property over to those who created the problems in the first place.

One outcome of that meeting was the appointment of four individuals to represent views of nonFLDS in the trust settlement talks. Those four are: Stephanie Colgrove, Richard Holm, Art Blackmore (Carolyn Jessop's father) and Sam Zitting.

Jensen has also met numerous times with FLDS spokesman Willie Jessop, the first opening with the FLDS in the four years since involvement of the AG's office began. ''We welcomed the opportunity and have been listening,'' he said.

One position that the AG's office is "adamant" about: Recording the subdivision plats for the twin cities and giving people deeds to their properties.

Jensen said more problematic is what to do about businesses and common property, such as Cottonwood Park.

He said he moves between optimism and frustration about finding a way through the mess.

Mark Callister, one of Wisan's attorneys, said much the same in an interview with me. He added that Wisan is ''taking into account" all concerns abut the trust's future.

And speaking from the FLDS' corner, attorney Jim Bradshaw said ''we're continuing to meet and going through a lot of issues and making some progress.''

12 Comments:

At 4:21 PM, Blogger ztgstmv said...

"Don't turn property over to those [the FLDS] who created the problems in the first place."

As I understand it, there's a pending lawsuit, by Rod Parker, that addresses this issue, questioning whether the "problems" were illusory, and alleged fraudulently by Wisan.

 
At 4:40 PM, Blogger Ron in Houston said...

Ziggy

It probably doesn't matter. Nothing is going forward without everybody getting into a big circle and singing cum ba ya.

Otherwise, it's Lindberg and she's not going to totally override a substantial group aligned with a State Attorney General.

 
At 4:52 PM, Blogger kbp said...

Thanks Brooke,

Looks like it would be difficult to settle there.

"...Bill Richards, assistant attorney general for Arizona, proposed holding a two-day meeting with all parties to see if a settlement can be reached. Lindberg agreed and ordered the meeting to occur within 60 days."

State's best interest?


"...Who is at the settlement table: Representatives for the FLDS, representatives for the nonFLDS, Bruce Wisan and his attorneys, and representatives of the Utah and Arizona attorney generals' offices. It is a crowded table."

Looks like the what I would call the rightful owners are out numbered.


"...Greg and Roger Hoole have argued they should be at the table, too..."

Dan has quite a bit invested there (tax deductable of course!).


"...Greg Hoole told me he and Roger are representing the Lost Boys and Brent Jeffs, whose lawsuits forced the takeover of the trust and remain part of the beneficiary class."

Maybe Natalie should be there also. I wonder if Dan is on her speed dial? Time is critical here!!!


"...One interesting tidbit: Although Wisan negotiated a settlement with the Lost Boys/Jeffs along time ago, the property he agreed to give them has yet to be transferred. Greg Hoole told me his firm sent the trust a letter last month asking that the titles be handed over."

IF the state does NOT want this in federal court, and IF what the state did is NOT 100% proper in a federal court, that might be a reason for the delays in transferring deeds andthe state wanting to settle.


"...Jensen told me that about 300 people turned out for the town hall meeting in Centennial Park a few weeks ago. He said the meeting was ''outstanding.'' One viewpoint expressed: Don't turn property over to those who created the problems in the first place"

Are there that many "new" beneficiaries or was it only a few whining?


"...One position that the AG's office is "adamant" about: Recording the subdivision plats for the twin cities and giving people deeds to their properties.

...problematic is what to do about businesses and common property

...Mark Callister, one of Wisan's attorneys, said much the same in an interview with me. He added that Wisan is ''taking into account" all concerns abut the trust's future."


Dismantle and pretend like it has a future?

I'd say "divide & conquer" almost fits here! Glad it's not a problem on MY table.

 
At 6:11 PM, Blogger First Amendment said...

This is all pretence on the part of Wisan and the AG. It will all fall apart in the end.

 
At 7:02 PM, Blogger Shyster said...

How is it that the Trustee, Wisan, has a seat at the table? Shouldn't it just be the parties with a claimed vested interest? Wisan was retained as a manager. And who is paying for his representation at the table?

 
At 8:36 PM, Blogger kbp said...

Thanks Shyster!

A revision to my comment, a result of your comment refreshing me on that topic.


"...One position that the AG's office is "adamant" about: Recording the subdivision plats for the twin cities and giving people deeds to their properties.

...problematic is what to do about businesses and common property

...Mark Callister, one of Wisan's attorneys, said much the same in an interview with me. He added that Wisan is ''taking into account" all concerns abut the trust's future."


House deeded over to individuals, members or not.

"Businesses and common property" sold to pay Wisan.

No need then to pretend there are worries about the future of the trust.

Divide
Conquer
Done

 
At 10:29 PM, Blogger ztgstmv said...

This post has been removed by the author.

 
At 2:18 PM, Blogger onthestreet said...

This is now all being settled alright. The land belongs to God, not to government, not to courts, not to the LDS Church that's at the head of the plotting and caniving, not to apostates, no...

It is all God's. There will be a few fleeting moments of wrangling for dirt, but the end has come. God is destroying this nation now, and He will set up kings (those who have kept all of His recorded Word), under perfect submission to the King of Kings, and no caniving scoundrals will even exist upon this earth, at least not in the Western Hemisphere, for this is Zion, the very thing that the YFZ envisions, and now they behold it unfolding.

Street

 
At 4:29 PM, Blogger Pliggy said...

"One position that the AG's office is "adamant" about: Recording the subdivision plats for the twin cities and giving people deeds to their properties.

And they wonder why the FLDS has not willingly "participated" in their "DANCE"(the one where they are shooting at your feet)

 
At 6:09 AM, Blogger Ron in Houston said...

Well Pliggy

That's certainly their right, but do you really think keeping a fight going will lead to a better result?

 
At 2:42 PM, Blogger First Amendment said...

If the state is adamant about giving out deeds, then they are adamant about breaking up the trust. Obviously, this is not acceptable to the FLDS. And should the FLDS go along, they would be giving up their best chance to expose the rot that underlies this affair.

 
At 11:02 AM, Blogger Hazzbinns said...

OnTheStreet do you know that I sat on the roof of my house all of last night and witnessed a Gamma-Ray Burst
(GRB). It was really quite spectacular and www.nasa.gov is reporting that it is the biggest burst ever witnessed from Earth? The explosion took 7.5 Billion Years to reach our Solar System, which is younger than that time in it's existence? Wow, It was visible on Earth with the naked eye, it was cold as hell watching it and I decided to put my clothes back on, naked eye or not.

 

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Brooke Adams covers polygamy for The Salt Lake Tribune. Her reporting on the issue has won numerous awards. She can be reached at 801-257-8724 or by email at brooke@sltrib.com

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