Document provided byThe Eldorado Success

CAUSE NO. 1013

STATE OF TEXAS
VS.

WENDELL NIELSEN

IN THE 51ST JUDICIA

DISTRICT COURT OF
SCHLEICHER COUNT

NOTICE OF STATE'S INTENT

TO INTRODUCE EXTRANEOUS OFFENSES OR ACT
PURSUANT TO T.R.E.404(b), 609, and C.C.P. 38.37
COMES NOW THE STATE OF TEXAS and files this Notice of State's Intent to Introduce
Extraneous Offenses and would respectfully show the Court the following:
I.
I

The Defendant in this cause stands charged by indictment with the offen~e of Bigamy. The
State is hereby providing notification to the Defendant of the State's intent, purs ant to the Code of
Criminal Procedure 38.37 and the Texas Rules of Evidence 404(b) and 609, to i troduce the belowlisted extraneous offenses or acts at the trial of this cause. These offenses or a ts mayor may not
be appropriately characterized as extraneous to the offense at issue, but th State nonetheless
:

provides notice.
II.

1.
In December, 2003 and afterwards, the Defendant left the majority of is family behind in
Short Creek (Washington County, Utah) to assist Warren Jeffs in the "gathering of united people for
the building of Zion (in Eldorado, Texas)."
2.
From on or about June, 2005 to August 2006, in Schleicher County, Tex s, Wendell Nielsen
did aid and abet a fugitive from justice when he failed to turn Warren Jeffs in to law enforcement
authorities.
3.
Wendell Nielsen, while being legally married to Linda Black, did purpor to spiritually marry
at least 34 additional women. A list of the dates, locations and parties is set:(: rth on the next two
pages.

Document provided byThe Eldorado Success

6/24/05

Colorado

Alice Stokes Zitting

6/24/05

Colorado

Margaret Ida Jessop

2/7/06

Schleicher Co.

Veda Barlow

2/7/06

Schleicher Co.

Margaret Lucille Jessop Johnson

6/8/06

Schleicher Co.

Ilene Jeffs

7/4/06

Colorado

Martha Mae Hammon

7/4/06

Colorado

Patricia Ann Holm

Within the above listed "marriages," Wendell Nielsen married several s ts of both
4.
a mother and daughter, and/or full-blooded sisters, to-wit:
Sally Ann Wayman and her daughter Merilyn Jeffs.
Olive Rose Steed Johnson and her daughter Amy Rose Johnson
Linda Jeffs, her sister Ilene, and Linda's daughter Mariah Jeffs.
Eva Heaton Johnson and her two daughters Connie and Susan Johnson
Sisters Melanie and Rachel Jeffs
Sisters Kathryn and Margaret Lucille Jessop
Sisters Kayetta and Adeline Barlow.
5.
The Defendant, Wendell Nielsen, participated in, and aided and a etted 37 spiritual
marriages involving underage females from ages 12 to 16. 29 ofthese were also b gamous marriages
6.
Wendell Nielsen, on or about September 5, 2003, in Washington Co ty, Utahacting as
"mouth," did knowingly conduct a ceremony, purporting to marry I.L.
, a 6-year-old minor,
to Warren Steed Jeffs.
7.
Wendell Nielsen, on or about September 4,2005, in Schleicher County, acting as "mouth,"
did knowingly conduct a ceremony, purporting to marry N.J.
, a 16-yea -old minor whose
marriage was prohibited by law, to Warren Steed Jeffs, in violation ofT.F.e. .202(d).
8.
Wendell Nielsen, on or about April 16, 2005, in Schleicher County, acti g as "mouth," did
knowingly conduct a ceremony purporting to marry B.L.
, a 12-yea -old minor whose
marriage was prohibited by law, to Warren Steed Jeffs, in violation ofT.F.e. .202(d).
9.
Wendell Nielsen, on or about July 25, 2007, in Schleicher County did al ow his 15 year old
stepdaughter L.
to be spiritually married to Leroy Jessop. Leroy Jess p was convicted of
her sexual assault after impregnating her.

10.

Wendell Nielsen was also a named Witness at 258 additional bigamous piritual marriages.

Document provided byThe Eldorado Success

Date

Location

"Bride"

9/19/68

Utah

Donna Jeffs

2/7/78

Utah

Janet Jeffs

2/23/79

Utah

Sarah Barlow Musser

7/3/89

Utah

Melanie Jeffs

1/17/99

Utah

Linda Jeffs

2/21/99

Utah

Maria Jeffs

6/4/00

Utah

Sandra Jeffs

7/17/98

Utah

Marie Rohbock

5/7/99

Utah

Marie Mariah Jeffs

6/18/99

Utah

Merilyn Jeffs

2/12/03

Utah

Joyce Jeffs

10/5/03

Utah

Rachel Jeffs

4/3/05

Schleicher Co.

Sylvia Allred Jessop

4/3/05

Schleicher Co.

Amy Rose Johnson Jessop

4/3/05

Schleicher Co.

Connie Johnson Jessop

4/14/05

Schleicher Co.

Elizabeth Joy Darger

4/14/05

Schleicher Co.

Eva Carlene Jessop

4/17/05

Schleicher Co.

Kathryn Jessop

4/17/05

Schleicher Co.

Olive Rose Steed Johnson Jessop

4/17/05

Schleicher Co.

Eva Heaton Johnson Jessop

4/14/05

Schleicher Co.

Elizabeth Joy Darger

5/5/05

Schleicher Co.

Kayetta Barlow

5/5/05

Schleicher Co.

Ada Johnson

5/5/05

Schleicher Co.

Sally Ann Wayman

5/5/05

Schleicher Co.

Adeline Barlow

5/24/05

Schleicher Co.

Martha Allred Jessop

5/24/05

Schleicher Co.

Susan Johnson Jessop

Document provided byThe Eldorado Success

10.
Wendell Nielsen was also a named Witness at 258 additional bigamous s iritual marriages.
A list of the dates, locations and parties is attached hereto as Exhibit "A."
This notice will be supplemented if and when the State discovers addition I crimes, wrongs,
or bad acts attributable to the Defendant.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requ4sts that this Court
,

find the requirements of the Code of Criminal Procedure and the Rules of Evidence have been
complied with by the State, and for such other and further relief to which the State may be entitled.
,

Respectfully submitted,

"j~

Angela oodwin
Assistant District ttorney
for Schleicher ounty
Assistant Attorney General
P.O. Box 12548; MC-048
Austin, TX 7871*.2548
(512) 463-2170
(512) 474-4570 (f )
Tex. Bar No. 081 2100
CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above and foregoi g State's Notice of
Intent to Introduce Evidence of Extraneous Offenses was sent to Kent Schaffe , Bires & Schaffer,
lP Morgan Chase Bank Building, 712 Main Street, 3pt Floor, Houston, Texas 77002 via Federal
Express, on this 10th day of August, 2010.

ttorney
Assistant Attorne General