Lawyers spar over evidence admissibility at child bride 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

College, Ktunaxa sign new agreement building on long-standing partnership

An agreement between the College of the Rockies and the Ktunaxa Nation… Continue reading

It happened this week in Cranbrook: 1912

June 9-15: Compiled by Dave Humphrey from newspapers at the Cranbrook History Centre and Archives

Government must at least try to act on forestry issues, MLA Clovechok says

Columbia River Revelstoke MLA Doug Clovechok says the situation with the forest… Continue reading

Wasa Triathlon has successful weekend

Hundreds of athletes converged in Wasa Park to take part in the annual event

Outlaws split weekend games against Sabercats, Renegades

The Cranbrook Outlaws played host to the Tier II South Conference Calgary and Red Deer teams

VIDEO: First Nations, developer call for return and protection of sacred B.C. burial site

Dozens of First Nations leaders gather on grassy plateau to call on action by provincial government

Revamped B.C. Lions set to battle veteran Winnipeg Blue Bombers

The Lions’ first test of the season will be a big one

No business case for Trans Mountain expansion, says former environment minister

Cabinet is expected to announce its decision on the expansion of the Alberta-to-B.C. pipeline by Tuesday

LETTER: British Columbia’s forest industry crisis being made worse

Andrew Wilkinson warns of regulatory overload by John Horgan’s NDP

Convicted B.C. child abductor Randall Hopley back in custody 6 months after release

Correctional Services Canada could not provide further details due to privacy concerns

Bears have killed 17 people in B.C. since 1986

Number of bear complaints and bears killed rose sharply during same period

Three Albertans land ‘monster’ sturgeon in B.C.’s Fraser River

For angler who landed the exceptionally large sturgeon it was an ‘incredible dream come true’

Mexico-bound Tour Divide riders complete first day, pass through Fernie

Divide riders looking strong as they finish first leg of 4160 km race

Victoria man wins record-breaking Human Rights Tribunal case

After 14 years Chris Hughes won a case after facing discrimination for depression

Most Read