Beruflich Dokumente
Kultur Dokumente
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Plaintiff;
No. 3:12cv8123-HRH
v.
UNITED STATES TRIAL
WITNESS LIST AND
DESIGNATION OF
DEPOSITION TESTIMONY
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Defendants.
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Pursuant to the Courts order of July 24, 2015, ECF No. 626, the United States
submits the following list of witnesses it intends to call at trial.
1. Isaac Wyler
Mr. Wyler is a fact witness. He is a former member of the FLDS Church, a long-
26 time resident of the Colorado City/Hildale community, and works for the United Effort
27 Plan Trust (UEP Trust). He is expected to testify regarding claims and facts alleged in
28 the United States Complaint in this case, as well as the matters discussed in his
1 deposition and trial testimony in Cooke v. Town of Colorado City, 3:10-cv-08105 (D.
2 Ariz.). In particular, his testimony will include: his excommunication from the FLDS
3 Church; tenets of the FLDS religion; how Warren Jeffs became the leader of the FLDS
4 Church; instructions and directives from FLDS leaders; consequences of losing
5 membership in the FLDS Church; the treatment of non-FLDS members living in the
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community by Defendants city officials, FLDS Church Security, the CCMO, and other
community members; the FLDS opposition to Bruce Wisan and his administration of
the UEP Trust; the CCMOs failure to enforce UEP Trust Occupancy Agreements;
FLDS leaders control over the Cities; the CCMOs failure to respond to vandalism of
UEP Trust property; Defendants interference with the administration of the UEP Trust;
the CCMOs refusal to investigate or arrest FLDS individuals for trespass; his
prosecution by the Cities for allegedly trespassing on UEP Trust property while working
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for the UEP Trust at that time; his knowledge of Ron and Jinjer Cookes inability to
secure a water connection from the Cities; his knowledge of other homes and buildings
on UEP Trust property that received water connections; his knowledge of building
permits received for homes and businesses on UEP Trust property; and his knowledge of
homes, buildings, utilities, businesses, and individuals on UEP Trust property.
2. Richard Holm
Mr. Holm is a fact witness. He is a former member of the FLDS Church and a
1 Occupancy Agreement; and his arrest by the CCMO for criminal trespass at a
2 commercial property to which he had title and the County Attorneys subsequent
3 decision to decline to prosecute that charge.
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3. Robert Foster
Mr. Foster is a fact witness. He is a FBI agent who helped search for and
apprehend Warren Jeffs. Agent Foster is expected to testify regarding claims and facts
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alleged in the Complaint, as well as the matters discussed in his testimony in Cooke. In
particular, his testimony will include the law enforcement search for fugitive Warren
Jeffs; the CCMO and other Defendant employees resistance to capturing Warren Jeffs;
and foundational testimony to admit letters and other documents from that search,
including documents seized from Seth Jeffss vehicle and documents and items seized at
the time of Warren Jeffss arrest.
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4. Charlene Jeffs
Ms. Jeffs is a fact witness. She is a former member of the FLDS Church and the
ex-wife of FLDS Bishop Lyle Jeffs. Ms. Jeffs is expected to testify regarding claims
and facts alleged in the Complaint, as well as the matters discussed in her deposition. In
particular, her testimony will include: tenets of the FLDS religion; instructions and
17 directives from FLDS leaders; consequences of losing membership in the FLDS Church
18 and the United Order; the CCMOs involvement in her child custody dispute and legal
19 proceedings involving Lyle Jeffs; FLDS Church directives regarding the selection of
20 CCMO officers; CCMO officers consecrating money for fugitive Warren Jeffs; CCMO
21 reporting law enforcement information to Lyle Jeffs; Lyle Jeffss phone calls requesting
22 license plate checks of vehicles; membership of CCMO officers and Defendants city
23 officials in the FLDS Church, United Order, and FLDS Church Security; former Town
24 Council member Vergel Steeds role in facilitating the separation of non-United Order
25 members from their United Order family members; ECO Alliances relationship to the
26 FLDS Church; then Town Council Member Kimball Barlows role in administering the
27 Bishops Storehouse; Isaac and Nephi Jeffss role as messengers between imprisoned
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1 Warren Jeffs and Bishop Lyle Jeffs; and Warren Jeffss role in directing the Church
2 from prison.
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5. Dowayne Barlow
Mr. Barlow is a fact witness. He is a former member of the FLDS Church and a
5 former aide to FLDS Bishop Lyle Jeffs. Mr. Barlow is expected to testify regarding
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claims and facts alleged in the Complaint, as well as the matters discussed in his
deposition. In particular, his testimony will include: his departure from the FLDS
Church; tenets of the FLDS religion; how Warren Jeffs became the leader of the FLDS
Church; instructions and directives from FLDS leaders; consequences of losing
membership in the FLDS Church and United Order; the treatment of non-FLDS
members living in the community by Defendants city officials, FLDS Church Security,
the CCMO, and other community members; his knowledge and experience with FLDS
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17 including the families of Defendants city officials and CCMO officers; membership of
18 CCMO officers and Defendants city officials in the FLDS Church; the operation of the
19 Bishops Storehouse and illegal activity conducted out of the Storehouse; and
20 Defendants city officials and CCMO officers consecrating money for fugitive Warren
21 Jeffs.
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24 Public safety who was involved in the criminal investigations and conviction of Warren
25 Jeffs. Ranger Hanna is expected to testify regarding claims and facts alleged in the
26 Complaint, as well as the matters discussed in his testimony in Cooke. In particular, his
27 testimony will include the criminal investigation regarding Warren Jeffs, the conviction,
28 and Warren Jeffss communications and activities during his incarceration in Texas; the
1 CCMO and other Defendant employees resistance to helping with the criminal
2 investigations of Warren Jeffs; and foundational and explanatory testimony to admit
3 FLDS priesthood records and other documents uncovered during the criminal
4 investigation of Warren Jeffs, including documents seized from the YFZ Ranch.
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7. Jennifer Smith
Ms. Smith is a fact witness. She is a mail room employee in prisons run by the
Texas Department of Criminal Justice. In particular, Ms. Smith will be asked to
authenticate documents sent to or from Warren Jeffs during his incarceration. Ms. Smith
will also testify about the amount of mail Warren Jeffs receives and how he selects the
mail he reads.
8. Rosemarie Urbanski
Ms. Urbanski is an expert witness for the United States. She is a forensic
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scientist and owner of The Drake Group. She has expertise in handwriting identification
and analysis. Her additional qualifications are attached. Ms. Urbanski is expected to
testify consistent with the expert opinions provided in her reports and deposition in this
case. In particular, her testimony will cover the authentication of documents signed by
Joseph Allred, George Barlow, and Vance Barlow.
9. Willie R. Jessop
Mr. Jessop is a fact witness. He is a former member of the FLDS Church, the
19 former Legal Coordinator for Church affairs, and the former head of Church Security.
20 Mr. Jessop is expected to testify regarding claims and facts alleged in the Complaint, as
21 well as the matters discussed in his deposition. In particular, his testimony will include:
22 his decision to leave the FLDS Church; tenets of the FLDS religion; how Warren Jeffs
23 became the leader of the FLDS Church; instructions and directives from FLDS leaders;
24 consequences of losing membership in the FLDS Church; the treatment of non-FLDS
25 members living in the community by Defendants city officials, FLDS Church security,
26 the CCMO, and other community members; his knowledge and experience with FLDS
27 Church Security; the surveillance conducted by FLDS Church Security of non-FLDS;
28 the coordination between the CCMO and FLDS Church Security, including training
1 FLDS Security and the sharing of surveillance equipment and information in law
2 enforcement databases; harassment of non-FLDS members by FLDS Church Security;
3 participation by Defendants city officials in FLDS Church Security; FLDS directives to
4 separate family members, including the families of Defendants city officials and
5 CCMO officers; interactions with Defendants city officials and FLDS leaders at R&W;
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17 been imprisoned at the Powledge Unit, including Isaac and Nephi Jeffs; Texas
18 Department of Criminal Justice policy concerning visitation with prisoners, including
19 dress code and jewelry; information concerning visitors of Warren Jeffs recording
20 conversations with him via wrist watch recorders; and Warren Jeffs violation of prison
21 rules regarding communications.
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24 testimony at trial. The United States designates the follow deposition testimony by page
25 and line numbers:
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13 Cooke. In particular, his testimony will include: FLDS leaders control of the Cities,
14 TCWA, TCWW, Inc., and the CCMO; FLDSs treatment of non-FLDS; his knowledge
15 and experience with FLDS Church Security; the surveillance conducted by FLDS
16 Church Security of non-FLDS; the coordination between the CCMO and FLDS Church
17 Security, including by sharing surveillance equipment and information in law
18 enforcement databases; harassment of non-FLDS members by FLDS Church Security;
19 participation by Defendants city officials in FLDS Church Security; his knowledge of
20 Pure Ph8 and its water connection; his knowledge of the Cities discriminatory water
21 policy and the Cities enforcement of that policy; the Cities providing a new water
22 connection to Twin City Improvement Association; his experiences on the Utility Board;
23 consequences of losing membership in the FLDS Church and United Order; his
24 termination from the Utility Board after he was no longer a member of the FLDS
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Church; and the Cities opposition to the administration of the UEP Trust.
13. Thomas Jeffs
Mr. Jeffs is a fact witness. He is a former member of the FLDS Church and the
son of FLDS Bishop Lyle Jeffs. Mr. Jeffs is expected to testify regarding claims and
1 facts alleged in the Complaint, as well as the matters discussed in his deposition. In
2 particular, his testimony will include: his excommunication from the FLDS Church;
3 tenets of the FLDS religion; how Warren Jeffs became the leader of the FLDS Church;
4 instructions and directives from FLDS leaders; consequences of losing membership in
5 the FLDS Church; the treatment of non-FLDS members living in the community by
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Defendants city officials, FLDS Church Security, the CCMO, and other community
members; his knowledge and experience with FLDS Church Security; the surveillance
conducted by FLDS Church Security of non-FLDS; the coordination between the
CCMO and FLDS Church Security, including by sharing surveillance equipment and
information in law enforcement databases; harassment of non-FLDS members by FLDS
Church Security; participation by Defendants city officials in FLDS Church Security;
FLDS directives to separate family members, including the families of Defendants city
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officials and CCMO officers; membership of CCMO officers and Defendants city
officials in the FLDS Church and United Order; the operation of the Bishops
Storehouse and illegal activity conducted out of the Storehouse; and Defendants city
officials and CCMO support for fugitive Warren Jeffs.
14. Lyle Mann
Mr. Mann is a fact witness. Mr. Mann is the Director of Arizona Peace Officer
18 Standards and Training Board. Mr. Mann is expected to testify regarding which CCMO
19 officers have been decertified since 2003, and the factual findings and reasons for each
20 decertification.
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23 the former City Manager for Hildale. Mr. Barlow is expected to testify regarding claims
24 and facts alleged in the Complaint, as well as the matters discussed in his depositions
25 and Cooke testimony. In particular, his testimony will include: tenets of the FLDS
26 religion; how Warren Jeffs became the leader of the FLDS Church; instructions and
27 directives from FLDS leaders regarding city business and picking officials of the Cities;
28 Defendants city officials sharing information with FLDS leaders; intermingling of
1 Church and Hildale records; consequences of losing membership in the FLDS Church
2 and United Order; treatment of non-FLDS members by Defendants city employees;
3 authentication of documents produced or created by Hildale and TCWA; knowledge of
4 and experience with Church Security, including coordination and training with the
5 CCMO, participation by Defendants city officials, video surveillance and harassment
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of non-FLDS members; the Bishops Storehouse and illegal activity conducted out of
the Storehouse; FLDS directives to cities to oppose efforts of UEP Trust Special
Fiduciary Wisan; the Cities water policy and water rights.
16. Jethro Barlow
Mr. Barlow is a fact witness. He is a former member of the FLDS Church and an
employee of the UEP Trust. He is expected to testify regarding his knowledge of claims
and facts alleged in the Complaint, and matters discussed in his depositions and trial
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testimony in Cooke. In particular, his testimony will include: his excommunication from
the FLDS Church; consequences of losing membership in the FLDS Church; the
treatment of non-FLDS members living in the community by Defendants city officials,
FLDS Church Security, the CCMO, and other community members; the Cities
interference with non-FLDS members use and enjoyment of UEP Trust property; the
17 CCMOs refusal to enforce UEP Trust Occupancy Agreements; his prosecution by the
18 Cities for allegedly trespassing on UEP Trust property even though he was serving as a
19 representative for the UEP Trust; Ron and Jinjer Cookes attempts to obtain housing
20 from the UEP Trust; Ron and Jinjer Cookes attempts to obtain utility service from the
21 Cities; UEP Trusts attempts to work with the Cities regarding water rights and the
22 subdivision; the Cities changed building permit requirements; Twin City Water Works
23 transfer of public money to the FLDS Church; his attempts to serve on Hildales City
24 Council; his knowledge of homes and buildings on UEP Trust property that received
25 water connections; his knowledge of building permits received for homes and businesses
26 on UEP Trust property; and his knowledge of homes, buildings, utilities, businesses, and
27 individuals on UEP Trust property.
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3 former FLDS elder. Mr. Williams is expected to testify regarding claims and facts
4 alleged in the Complaint, as well as the matters discussed in his deposition. In
5 particular, his testimony will include: his excommunication from the FLDS Church;
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tenets of the FLDS religion; how Warren Jeffs became the leader of the FLDS Church;
instructions and directives from FLDS leaders; consequences of losing membership in
the FLDS Church and United Order; the treatment of non-FLDS members living in the
community by Defendants city officials; the authentication of Church records; the
marriage of his underage daughter to the Mayor of Colorado City; the CCMOs decision
to arrest him for criminal trespass at a property that he built and for which he had a UEP
Trust Occupancy Agreement; the emotional distress, embarrassment, and humiliation he
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suffered as a result of the CCMOs conduct; the role of the Cities, their employees, and
the FLDS Church in constructing a compound for Warren Jeffs and the Bishops
Storehouse, including the Cities decision to permit a water connection at that
compound.
18. Timothy Rohbock
Mr. Rohbock is a fact witness. Mr. Rohbock is a former member of the FLDS
18 and former member of FLDS Church Security. He is expected to testify regarding his
19 knowledge of claims and facts alleged in the Complaint. In particular, his testimony will
20 include: tenets of the FLDS Church; directives from Warren Jeffs; the consequences of
21 losing membership in the FLDS Church and United Order; his knowledge and
22 experience with FLDS Church Security; the surveillance conducted by FLDS Church
23 Security of non-FLDS members; the coordination between the CCMO and FLDS
24 Church Security, including by sharing surveillance equipment and information in law
25 enforcement databases; harassment of non-FLDS members by FLDS Church Security;
26 participation by Defendants city officials in FLDS Church Security; the CCMOs
27 actions and the FLDS Churchs involvement in the arrest of Jerold N. Williams for
28 trespassing.
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3 a former FLDS member. She is expected to testify regarding her knowledge of claims
4 and facts alleged in the Complaint. In particular, her testimony will include: the tenets
5 of the FLDS religion and structure of FLDS leadership; FLDS leaders control of the
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Cities and the CCMO; her departure from the Church; the consequences of losing
membership in the FLDS Church and United Order; knowledge of the Bishops
Storehouse and illegal activity conducted out of the Storehouse; CCMOs treatment of
her once she left the Church; the arrest of her husband, Jerold N. Williams, for
trespassing; and the emotional distress, embarrassment, and humiliation she experienced
as a result of that incident.
20. Helaman Barlow
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Mr. Barlow is a fact witness. He is a former member of the FLDS Church and a
former Chief of the CCMO. Mr. Barlow is expected to testify regarding claims and facts
alleged in the Complaint and the matters discussed in his depositions in this case, as well
as the matters discussed in his depositions and trial testimony in Cooke. In particular,
his testimony will include: his excommunication from the FLDS Church; tenets of the
17 FLDS religion; how Warren Jeffs became the leader of the FLDS Church; instructions
18 and directives from FLDS leaders; consequences of losing membership in the FLDS
19 Church; authentication of documents produced or created by Defendants city officials
20 and the CCMO; the treatment of non-FLDS members living in the community by
21 Defendants city officials and the CCMO; the coordination between the CCMO and
22 FLDS Church Security, including training FLDS Security and the sharing of
23 surveillance equipment and information in law enforcement databases; membership of
24 CCMO officers and Defendants city officials in the FLDS Church and United Order;
25 CCMO efforts to interfere with outside law enforcement; the operation of the Bishops
26 Storehouse and illegal activity conducted out of the Storehouse; the CCMO handling of
27 alleged trespassing at various properties; the CCMOs knowledge of underage
28 marriages; FLDS Churchs influence over the operations of the CCMO.
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3 regarding police practices and services and a former Chief of the Village of Winnetka,
4 Illinois, Police Department and former high-ranking Chicago Police Department officer.
5 He has expertise in police policies, procedures, practices, and administration. His
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expected to testify regarding his knowledge of claims and facts alleged in the Complaint,
and matters discussed in his deposition in this case and in Cooke. Mr. Bateman testified
in the Cooke trial by deposition. In particular, his testimony will include: his departure
from the Church; the treatment of non-FLDS members living in the community by
Defendants city officials, FLDS Church Security, the CCMO, and other community
17 members; the consequences of losing membership in the FLDS Church; the CCMOs
18 search of his vehicle without probable cause; his interactions with CCMO during a
19 subsequent traffic stop.
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3 expected to testify regarding claims and facts alleged in the Complaint, as well as the
4 matters discussed in his deposition. In particular, his testimony will include: the
5 CCMOs discriminatory treatment of non-FLDS members; the CCMOs efforts to
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obstruct the service of process on FLDS members; the Cities assistance to the FLDS
Church in its surveillance of non-FLDS members; and the coordination of FLDS Church
Security personnel and the CCMO.
25. Jesseca Jessop
Ms. Jessop is a fact witness. She is a resident of the Colorado City/Hildale
community and has never been a member of the FLDS Church. She is expected to
testify regarding claims and facts alleged in the Complaint, as well as the matters
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discussed in her deposition. In particular, her testimony will include: the CCMOs
failure to take action to enforce a valid UEP Trust Occupancy Agreement; harassment
(including acts of vandalism and property damage) by members of the community and
the CCMOs response to and/or investigation of these incidents; employees or officials
Defendants threats, intimidation and interference with the Jessops use and enjoyment
17 of the property for which they received a UEP Trust Occupancy Agreement; treatment
18 as a non-FLDS person residing on UEP Trust land; various interactions with FLDS
19 Church Security, including incidents of monitoring and video surveillance and a hit-and20 run involving her son, Randy West, as well as the CCMOs involvement in and response
21 to these incidents; and the emotional distress, embarrassment, and humiliation she
22 suffered as a result of the CCMOs actions regarding her home.
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1 the CCMO, and other community members; consequences of losing membership in the
2 FLDS Church; his experiences growing up in the Colorado City/Hildale area; the
3 CCMOs failure to take action to enforce a valid UEP Trust Occupancy Agreement;
4 harassment (including acts of vandalism and property damage) by members of the
5 community and the CCMOs response to and/or investigation of these incidents;
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his home.
27. Darrell Cashin
Mr. Cashin is a fact witness. He is a Deputy with the Washington County
Sheriffs Office (WCSO). He is expected to testify regarding claims and facts alleged
in the United States Complaint and will testify consistent with his deposition testimony.
17 In particular, Deputy Cashins testimony will include the CCMOs lack of cooperation
18 with and lack of support of the WCSO; the CCMOs coordination with FLDS Church
19 Security; the CCMOs actions during UEP Trust Occupancy Agreement disputes; the
20 Holm School incident; and the Willie R. Jessop stolen generator incident.
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23 brother of Warren Jeffs. He is expected to testify regarding the matters discussed in his
24 deposition in this case. In particular, his testimony will cover: his communications with
25 Warren Jeffs; his role in the FLDS Church; Warren Jeffs control over FLDS Church
26 members, including Defendants city officials, from 2004 through the present;
27 Defendants city officials communication with Warren Jeffs while he was a federal
28 fugitive; FLDS Church instructions regarding non-members and membership in the
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1 United Order; Warren Jeffs dictations and edicts; the Cities opposition to the UEP
2 Trust and its subdivision efforts; the Bishops Storehouse and illegal conduct conducted
3 out of the Storehouse; directions he has given to the CCMO and Defendants city
4 officials regarding government business; the incident at Eco Alliance involving Willie
5 Jessop and theft of Mr. Jessops property; the role of FLDS Church Security and its
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coordination with the CCMO and Defendants city officials; the CCMO enforcing
FLDS Church edicts or directives; the CCMOs protection of FLDS Church leaders; the
FLDS membership status of Defendants employees; and interactions with Defendants
city officials, and their counsel, at R&W. In lieu of live testimony, the United States
may present Mr. Jeffs deposition testimony at trial. As such, the United States
designates the follow deposition testimony by page and line numbers:
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1 in the Colorado City/Hildale area; the availability of water for new culinary water
2 connections; the incident that occurred with the water system in July 2007; the Cities
3 failure to investigate or develop additional sources of water; the additional sources of
4 water reasonably available to the Cities; the effect on the water system of additional
5 water connections to Ron and Jinjer Cooke, Patrick Barlow, and John Cook; Twin City
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Improvement Association and other entitys receipt of water; whether there were
additional ways for the Cities to conserve water other than instituting a moratorium; the
Cities impact fee study; and the opinions of Defendants expert witnesses.
30. Ronald Cooke
Mr. Cooke is a fact witness. He is a former member of the FLDS Church and a
resident of the Colorado City/Hildale community. He is expected to testify regarding
claims and facts alleged in the United States Complaint in this case, as well as the
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matters discussed in his deposition and trial testimony in Cooke. His testimony will
include: his experiences growing up in the Colorado City/Hildale area; his departure
from the FLDS Church; the treatment of non-FLDS members living in the community
by Defendants city officials, FLDS Church Security, the CCMO, and other community
members; consequences of losing membership in the FLDS Church; his accident,
17 disability and disability-related housing needs; his familys application for and selection
18 of a property on UEP Trust land; his familys efforts to obtain utilities for the that
19 property through Defendants; denial of water and obstruction and delays regarding other
20 utilities and municipal services, including a building permit, for that property by
21 Defendants; Defendants threats, intimidation and interference with the Cookes use and
22 enjoyment of the property for which they obtained a UEP Trust Occupancy Agreement;
23 treatment as a non-FLDS member residing on UEP Trust land; and the fair housing
24 complaint the Cookes filed with the Arizona Attorney General and the subsequent
25 lawsuit.
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1 testify regarding claims and facts alleged in the United States Complaint in this case, as
2 well as the matters discussed in her deposition and trial testimony in Cooke. In
3 particular, her testimony will include: Ronald Cookes accident, disability, and
4 disability-related housing needs; her familys application for and selection of a property
5 on UEP Trust land; her familys efforts to obtain utilities for the that property through
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Defendants; denial of water and obstruction and delays regarding other utilities and
municipal services, including a building permit, for that property by Defendants;
Defendants threats, intimidation and interference with the Cookes use and enjoyment
of the property for which they obtained a UEP Trust Occupancy Agreement; treatment
as a non-FLDS person residing on UEP Trust land; interactions with the CCMO
involving the Stubbs farm; and the fair housing complaint the Cookes filed with the
Arizona Attorney General and the subsequent lawsuit.
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17 trial testimony in Cooke. In particular, his testimony will include: his efforts to procure
18 water services in Colorado City; the Defendants actions to prevent him from living in
19 the Twin Cities; and the emotional distress, embarrassment, and humiliation he suffered
20 as a result of the above-described conduct by Defendants.
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23 testify regarding his knowledge of claims and facts alleged in the Complaint, and
24 matters discussed in his depositions in this case and in Cooke and his trial testimony in
25 Cooke. In particular, his testimony will include: FLDS leaders control of the cities,
26 TCWW, Inc., TCWA, and the CCMO; treatment of non-FLDS members; his knowledge
27 and experience with FLDS Church Security; Defendants efforts to discriminate against
28 Ron and Jinjer Cooke; membership in the United Order; Defendants use of an alleged
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1 water shortage as a pretext for discrimination; his marriage to an underage girl; and his
2 efforts, while serving as a city official, to embezzle money from TCWW, Inc. for the
3 benefit of the FLDS Church.
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Mr. Barlow is a fact witness. Mr. Barlow is a former member of the FLDS
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regarding his knowledge of claims and facts alleged in the Complaint, and matters
discussed in his deposition and trial testimony in Cooke. In particular, his testimony will
include: tenets of the FLDS Church; directives from FLDS leaders; the consequences of
losing membership in the FLDS Church and the United Order; his knowledge and
experience with FLDS Church Security; the surveillance conducted by FLDS Church
Security of non-FLDS members; coordination between the CCMO and FLDS Church
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20 a former member of the UEP Trust Housing Board, a former FLDS member, and a
21 successful party in Jeffs v. Stubbs. He is expected to testify regarding claims and facts
22 alleged in the United States Complaint in this case, as well as the matters discussed in
23 his deposition and trial testimony in Cooke. In particular, his testimony will include: his
24 departure from the FLDS Church; the treatment of non-FLDS members living in the
25 community by Defendants city officials, FLDS Church Security, the CCMO, and other
26 community members; consequences of losing membership in the FLDS Church; FLDS
27 efforts to remove him and others from UEP Trust land and related litigation; the UEP
28 Trust under Wisans administration; Defendants changed policies regarding building
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1 permits, water connections, and subdivision after Wisans appointment as UEP Trust
2 Special Fiduciary, and the UEP Trusts inability to complete unfinished homes on UEP
3 Trust land; Ronald Cookes disability and disability-related housing needs; the Cookes
4 application for and selection of a property on UEP Trust land; the Cookes applications
5 and efforts to obtain utilities and a building permit for the subject property through
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Office (MCSO). He is expected to testify regarding claims and facts alleged in the
United States Complaint in this case and the matters discussed in his deposition. In
particular, his testimony will include: the CCMOs arrest of Patrick Pipkin and Andrew
Chatwin, on two occasions in October 2015, for allegedly trespassing on commercial
property that Mr. Pipkin and Mr. Chatwin had permission to access; the CCMOs refusal
17 to cooperate with outside law enforcement; CCMO Chief Jerry Dargers assault on Mr.
18 Pipkin; the CCMOs handling of an incident involving Sabrina Tetzner, including that
19 CCMO officers stood by and provided insufficient police services regarding the
20 enforcement of Ms. Tetzners child custody orders.
21
22
23 alleged in the United States Complaint in this case. He is a non-FLDS member whose
24 testimony will include: the CCMOs arrest of him and Andrew Chatwin, on two
25 occasions, for allegedly trespassing on commercial property that he and Mr. Chatwin
26 had permission to access; the CCMOs refusal to cooperate with outside law
27 enforcement; and CCMO Chief Jerry Dargers assault on him.
28
19
1
2
3 the UEP Trust. He is expected to testify regarding claims and facts alleged in the United
4 States Complaint in this case, as well as the matters discussed in his deposition
5 testimony in Cooke. In particular, his testimony will include: his knowledge of homes
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7
8
9
10
11
and buildings on UEP Trust property that received water connections; treatment as a
non-FLDS person residing on UEP Trust land; Defendants interference with non-FLDS
individuals use and enjoyment of UEP Trust housing; and his interactions with the
CCMO and the arrests of him and Patrick Pipkin at the Cottonwood Zoo.
39. Lorin Holm
Mr. Holm is a fact witness. He is a former FLDS member. He is expected to
testify regarding claims and facts alleged in the United States Complaint, as well as the
12
13
14
15
16
17
18
19 former FLDS elder. Mr. Rohbock is expected to testify regarding claims and facts
20 alleged in the Complaint, as well as the matters discussed in his deposition. In
21 particular, his testimony will include: tenets of the FLDS religion; how Warren Jeffs
22 became the leader of the FLDS Church; instructions and directives from Warren Jeffs;
23 consequences of losing membership in the FLDS Church; the treatment of non-FLDS
24 members living in the community by Defendants city officials; the CCMOs failure to
25 investigate underage marriages; the CCMOs actions regarding enforcement of his UEP
26 Trust Occupancy Agreement and harassment at his home; and the emotional distress,
27 embarrassment, and humiliation he suffered as a result of the CCMOs actions regarding
28 his home.
20
3 accounting, and tax issues. His expertise is in the area of accounting services related to
4 government and government contracts. His additional qualifications are attached. His
5 testimony is relevant to the existence and, more particularly, the scope of a conspiracy
6
7
8
9
10
11
among City officials, FLDS leaders, and employees of TCWW to cede control over their
operations to the FLDS Church and to divert funds improperly to the FLDS Church. He
is expected to testify regarding Colorado City Mayor Joseph Allreds efforts to advance
FLDS Church interests by improperly diverting TCWW funds to a series of activities
unrelated to the business operations of TCWW. He is also expected to testify that the
value of the TCWW funds diverted to other than TCWW business operations totaled
$1,729,987.29.
12
13
14
15
Mr. Jessop is a Hildale City Council member. The United States may present Mr.
Jessops deposition testimony at trial. As such, the United States designates the follow
deposition testimony by page and line numbers:
16
6:14-7:18
9:8-9:10
25:20-27:16
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18
19
20
21
22
23
24
25
26
27
The United States recognizes that this Court previously issued an order regarding Mr.
LoMantos testimony. See Order, Hildale Defendants Motion in Limine; Proposed
Testimony of LoManto at 2 (Mar. 17, 2015), ECF No. 606. However, [i]t is well settled
law that rulings on motions in limine are provisional. Such rulings are not binding on the
trial judge [who] may always change his mind during the course of a trial. BNS Ry. Co.
v. Quad City Testing Laboratory, 7-CV-170, 2010 WL 4337827, at *1 (D. Mont. Oct. 26,
2010) (quoting Ohler v.United States, 529 U.S. 753, 758 n.3 (2000)). This Courts earlier
order was based in part on the Courts finding that the United States has not
demonstrated . . . any connection between [the] alleged diversion of [TCWW] funds and
an alleged water shortage. Id. at 2. The United States intends to prove that connection at
trial. The United States further intends to prove that Mayor Joseph Allreds diverting
funds was in furtherance of a conspiracy with the FLDs Church. Proof of these facts will
make Mr. LoMantos testimony relevant.
28
21
29:8-29:24
33:20-34:16
38:6-40:2
41:14-44:17
47:5-49:2
49:12-50:18
54:19-57:3
60:1-62:8
64:3-65:12
70:14-70:19
76:19-88:23
88:24-89:20
90:6-92:4
92:5-94:9
94:10-94:23
96:5-97:22
99:15-101:2
103:20-104:22
7
8
9
10
11
111:5-112:22
43. Jack Harris
Mr. Harris is a rebuttal expert witness for the United States. He is the former
Chief of the Phoenix Police Department, the former Public Safety Manager for the City
of Phoenix, and is an expert in police policies, practices, procedures, and administration.
His additional qualifications are attached. He is expected to testify consistent with the
12
13
14
15
16
expert opinions provided in his report and in his deposition in this case. He reviewed the
expert report and opinions offered by the Defendants police-procedures expert, Greg
Meyer, and is prepared to rebut those opinions. He is prepared to testify, among other
things, that Greg Meyer: did not address appropriately all the police misconduct issues
involved in this case; did not address the extent to which CCMO policies and training
17 failed to address recurring policing issues associated with UEP Trust property; did not
18 consider adequately that the CCMO waited until 2007 to include non-discrimination
19 language in its policy manual; did not consider adequately the extent to which CCMO
20 officers omitted data from their reports; did not consider the extent to which CCMO
21 officers engaged in, ignored, or failed adequately to investigate illegal acts; did not
22 adequately consider evidence that the CCMO was taking direction from FLDS leaders or
23 sharing law enforcement resources with the FLDS Church; did not consider evidence
24 that the CCMO fails to cooperate with outside law enforcement; and did not adequately
25 consider the CCMOs seizure of property without due process.
26
27
22
1 engineer. He has expertise in municipal water systems. His additional qualifications are
2 attached. Mr. Spiers evaluated the report produced by Agua Southwest, LLC on
3 Defendants behalf. He is expected to testify consistent with the expert opinions
4 provided in his report and his deposition in this case. His testimony will include that:
5 the Cities failed to act reasonably when they limited new water connections; the Cities
6
7
8
failed to timely improve and update their water system; and it is not sensible or
economically feasible for the UEP Trust to construct, operate, and maintain a separate
parallel water system.
9
10
11
The United States will also call records custodians, as necessary, to admit
documents produced during discovery, including custodians from the Mohave County
Sheriffs Office, the Washington County Sheriffs Office, South Central
12
Communications, American West Bank, and the State Bank of Southern Utah.
13
14
15
R. TAMAR HAGLER
CHRISTY E. LOPEZ
Deputy Chiefs
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18
ERIC W. TREENE
Special Counsel
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24
25
26
27
28
23
1
2
3
4
5
6
CERTIFICATE OF SERVICE
I certify that on November 2, 2015, I caused a copy of the foregoing to be sent by
the Courts ECF system to the following:
Jeffrey C. Matura
Asha Sebastian
Melissa Jane England
Graif Barrett & Matura, P.C.
1850 North Central Avenue, Suite 500
Phoenix, Arizona 85004
Attorneys for Defendant Town of Colorado City
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8
9
10
R. Blake Hamilton
Ashley M. Gregson
111 East Broadway, Suite 900
Salt Lake City, Utah 84111
Attorneys for Defendants City of Hildale and Twin City Water Authority
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12
13
14
15
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24
OF
JOSEPH A. DeLOPEZ
ASSIGNMENT BACKGROUND
13 SEPT 1979Traffic
14 JUNE 1980
14 JUNE 1971
EDUCATION
1988 - 1992
Degree:
Certificate, Executive
Strategies Management
1979 - 1980
1965 - 1969
1961 - 1965
DePaul Academy
Graduated from Pre-Engineering College
Prep Program in upper 5% of class
Other Training
and
Certification:
and
PERSONAL
Born:
Physical:
Health:
Excellent
Marital Status:
Own Home
Residence:
Hobbies:
Additional Work
Experience:
Civic:
Awards:
Concerned
Award
AMPLIFIED RESUME
AMPLIFIED
RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED
RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
23rd District:
Training Division:
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
1984
2 April
1981 18th
1981 - 28 May
District:
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
AMPLIFIED RESUME
JOSEPH A. DeLOPEZ
Curriculum Vitae
Zachary D. Renstrom, PE., Esq.
October 29, 2015
Personal Contact Information
Zachary D. Renstrom,
205 E Tabernacle Suite 4
St. George Utah, 84770
435-673-2337 Office
435-673-3161 Fax
Academic Background
1997 Weber State University, Ogden, Utah
Associates in General Studies
1999 University of Utah, Salt Lake City, Utah
BS- Civil Engineer
2002 Washburn University, Topeka, Kansas
Juris Doctor
Professional Licenses/ Affiliations
Utah Professional Engineer
Utah professional structural engineer
Arizona Professional Engineer
Utah State Bar
Nevada State Bar
United State Patent and Trademark
375326-2202
375326-2202
49162
9726
8236
50395
Professional Affiliations
ASCE American Society of Civil Engineers
APWA American Public Works Associations (Past President of Southern Utah Branch)
ACEC American Council of Engineering Companies
ITE
Institute of Transportation Engineers
Utah State Bar
Nevada State Bar
United States Patent Bar
Curriculum Vitae
Zachary D. Renstrom, PE., Esq.
Professional Experience
2015 - Current Washington County
2015 - Current Washington Water Conservancy District
2004 2015
Bush and Gudgell Inc. St. George, Utah
2002 2004
Lincoln, Gustafson & Cercos, Las Vegas, Nevada
2002
U.S District Court of Topeka, Kansas
2000
Weber County, Ogden Utah
1998 1999
Bountiful City, Bountiful Utah
Commissioner
Board Member
Engineer/ In-house Council
Attorney
Legal Externship
Engineering
Engineering
Pay Rate
I am compensated at an hourly rate of $165.00. Deposition or trial I am compensated at
an hourly rate of $265.00. All costs are billed at cost. All out of town travel will be billed
at a minimum of eight hours per day.
Project Experience
Commercial
Sportsmans Warehouse
Utah State Liquor Store
Utah State DMV
Quality Business Building
Utah State Tax Commission
Checker Auto
Stone Brook Town Square
Pine Valley Resort
Olive Garden
Fort Peirce Industrial Park
Grease Monkey
B&G Gateway
Washington County Library
Washington County Sheriffs Building
Snow Field Excavation Pit
Red Rock Commons
Dicks Sporting Goods
Taco Bell
PM Storage Sheds
George Washington Academy Charter School
Airport Technology Park
Bullfrog -Lake Powell National Park
Hunter Communication building
Curriculum Vitae
Zachary D. Renstrom, PE., Esq.
Residential
Tonaquint Terrace Subdivision
Tonaquint Valley Subdivision
Tonaquint Heights Subdivision
Franklin Place Subdivision
Royal Pines Subdivision
Frienze Subdivision
Hidden Valley Subdivision
Shoal Creek Subdivision
Eseclara Subdivision
Highlands Subdivision
Red Rock Park Subdivision
Comanche Cliffs Subdivision
Foremaster Ridge Subdivision
Kayanta Subdivision
The Trails Subdivision
Westbend Subdivision
Last sun Subdivision
Rio De Sion Subdivision
Heritage Estates Subdivision
Sunstone Master Plan Community
Bella Vista Subdivision
Artesia Terrace Subdivision
Bella Terrazza Subdivision
Cotton Mannor Subdivision
High Chapprral Subdivision
Silver Falls Subdivision
Silver Falls Subdivision
LaVerkin Wash Subdivision
Los Colinas Subdivision
Palisades Subdivision
SteepleChase Subdivision
Stucki Farms Subdivision
Boulder Cove Subdivision
Whisper Ridge Subdivision
Crimson Cove Subdivision
Red Cliffs Park Subdivision
Curriculum Vitae
Zachary D. Renstrom, PE., Esq.
Curriculum Vitae
Zachary D. Renstrom, PE., Esq.
Telephone:
Office (215) 579-8555
EMPLOYMENT HISTORY
ML Weekes & Company, PC
Principal
Harris/RF Communications
Senior Analyst
EDUCATION
B.B.A., Accounting
Niagara University
May 1979
MARK F. LOMANTO
Addendum
EMPLOYMENT HISTORY - continued
* Includes testimony.
JACK HARRIS
CURRICULUM VITAE
PROJECT EXPERIENCE
Municipal Water Supply
Arsenic Removal Study Washington County Water Conservancy District (St. George, Utah)
Jordan Aqueduct Terminal Reservoir 33 MG Expansion Central Utah Water Conservancy District
(Utah)
Butte and Deer Mountain Booster Pumping Stations Jordanelle Special Service District (Utah)
Water Treatment Plant No. 3 Upgrade Weber Basin Water Conservancy District (Utah)
Water System Master Plan Bona Vista Water Improvement District (Utah)
Timpanogos Water Reclamation Facility 2009 Expansion Timpanogos Special Service District
South Jordan Pump Station and Force Main South Valley Sewer District
Great Salt Lake Diking Feasibility Study, Utah Division of Water Resources
Hydropower
Other Projects
PROFESSIONAL REGISTRATION
Professional Engineer - Utah
PROFESSIONAL ORGANIZATIONS
American Water Works Association
Water Environment Federation
American Council of Engineering Companies