Jury: Polygamous towns discriminate against non-FLDS members

A federal jury on Monday found that the twin border towns of Colorado City, Ariz., and Hildale, Utah, violated the constitutional rights of certain residents when they functioned as agents of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a polygamous sect whose members comprise the bulk of the population of both towns.

The verdict announced Monday afternoon in U.S. District Court in Phoenix included a finding of monetary damages  for six individuals who brought suit against the cities. However, that finding was not applicable because a settlement was reached between sides shortly before the jury verdict was announced.

That settlement will pay the litigants a total of $1.6 million, but comes without an admission of liability on the part of the cities.

The jury deliberated for three days before reaching its verdict, which it said was based on findings of discrimination, humiliation and embarrassment on the part of the plaintiffs.

“You ask for a fair opportunity," Blake Hamilton, an attorney for Hildale, said afterward. "Obviously, we wish this had gone a different way, but we respect the jury process.”

The federal government accused the cities of functioning as agents of the sect and discriminating against nonbelievers by denying them fair housing, water services and police protection. The case marked one of the boldest efforts by the government to confront what critics have said was a corrupt regime in both towns.

The trial and its parade of witnesses also provided a rare glimpse into towns that for decades have been shrouded in secrecy and are distrustful of government and outsiders.

Defense attorneys said after the verdict that the case likely is not over yet. The court must still go forward with whatever injunctive relief it may determine is proper in light of the jury's findings.

The jury found by a preponderance of evidence that:

• Both towns “did engage in a pattern and practice of unconstitutional policing," violating the Fourth and 14th amendments of the Constitution.
• Town marshals violated Fourth Amendment prohibitions against unreasonable search of a structure, seizure of a person, and arrests without probably cause.
• Town marshals violated the 14th Amendment's guarantee of equal protection under the law.
• Colorado City violated the Fair Housing Act in three different areas.
• Hildale also violated the Fair Housing Act in three different areas.
• The Twin City Water Authority violated the Fair Housing Act.

Last week, Colorado City attorney Jeff Matura accused the federal government of persecuting town officials because it disapproved of their religion. Many town officials also hold positions in the FLDS hierarchy. Matura urged jurors to reject the discrimination claims. “Who is discriminating against whom?” Matura asked, arguing the federal government has not proven its claims.

Dowayne Barlow, a former aide to sect Bishop Lyle Jeffs, and Willie Jessop, the former head of church security, were in the courtroom gallery to hear closing arguments. Both men are now critics of the church and testified earlier on behalf of the federal government.