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Thou shalt not lie???

The following excerpt is from a deposition taken Feb. 16, 2006 as part of an investigation into the disappearance of a grain elevator from the Four Square Mill in Colorado City, Ariz.

A court-appointed fiduciary maintains the elevator belongs to a community property trust created by residents of Colorado City and the adjoining city of Hildale, Utah. The cities are home to the Fundamentalist Church of Jesus Christ of Latter Day Saints, a polygamous sect. After losing control of the trust to civil authorities, FLDS church leaders allegedly told members to “answer them nothing” regarding the trust’s operation.

Exchange between Attorney Zachary Shields, representing fiduciary Bruce Wisan; Attorney Greg Hoole, representing plaintiffs who’ve sued the trust, and Joseph Johnson (FLDS) of Four Square Mill, who claimed the elevator was moveable personal property and did not belong to the trust.

Attorney Zachary Shields: Are you affiliated with an operation or a company known as Four Square Mill?
Joseph Johnson: I decline to answer that.
Shields: You decline to answer whether you’re affiliated with Four Square Mill?
Johnson: Yes.
Shields: Why do you decline to answer that?
Johnson: What’s your next question?
Shields: Why do you decline to answer that question?
Johnson: I have a right to remain silent, don’t I?
Shields: Are you invoking the Fifth Amendment privilege to remain silent?
Johnson: Yes.
Shields: Now, you are aware the Fifth Amendment privilege is - applies to statements that would make your subject to criminal liability? Is it your testimony that your answering that question could pose criminal liability?
Johnson: Now, what? ‘Off the record discussion takes place about proper use of Fifth Amendment privilege.”
Shields: Mr. Johnson, are you affiliated with a company or a facility known as the Four Square Mill?
Johnson: Still want to exercise my Fifth Amendment.

Shields: What is your position at Four Square Milling?
Johnson: Why do you need to know that?
Shields: I’m entitled to ask any questions. It’s very relevant to your testimony here today.
Johnson: I decline to answer that.

Johnson produces a receipt he argues shows the grain elevator belongs to the mill.
Shields: How can you prove ownership on behalf of Four Square Milling? And until and unless I have testimony that you have any authority on behalf of Four Square Milling, how do I know that you can prove ownership? How do I know you’re not just a stranger off the street to Four Square Milling?
Johnson: Why did you serve me a subpoena?
Shields: Because I understand that you have information about the Four Square Milling. Do you?
Johnson: Okay. I’m the owner of Four Square Milling.
Shields: Okay. How long have you been the owner?
Johnson: I don’t know.
Shields: Were you the owner in 1996?
Johnson: No.
Shields: Who was?
Johnson: I’m not going to answer that.

Shields: Isn’t it true that everything Four Square Milling owns is actually an asset of the ‘United Effort Plan Trust’, a charitable trust set up for FLDS members”?
Johnson: I decline to answer that question.
Shields: What’s the status of the mill now? Is it operating?
Johnson: I decline to answer that.
Shields: How is that question relevant to the Fifth Amendment? Do you decline to answer that question, too?
Johnson: Yes.
Shields: Is there any grain in the silos at the Four Square Mill at this time? Johnson: I decline to answer that.
Shields: Did the mill shut down in recent months?
Johnson: I decline to answer that.
Shields: Do you decline to answer anything to do with the present status of the mill?
Johnson: Yes.
Shields: What about the intended future of the mill? Johnson: I decline to answer that too.
Shields: How about the grain elevator system? Where is it today?
Johnson: I decline to answer that.

Johnson: Do you understand anything about feed mill equipment?
Shields: Not a lot. Why don’t you tell me about it.
Johnson: I don’t either.
Shields: But you’re the owner of the company?
Johnson: We’re talking about the elevator here. Isn’t that the issue?
Shields: ‘We’re” talking about everything that was removed from the building. Has anything else been removed from the Four Square Mill in the last two years?
Johnson: I decline to answer that.
Shields: But your testimony is the value of the elevator that was removed - what is your best estimate of the value of the elevator that was removed?
Johnson: I don’t think it’s worth a thousand bucks.
Shields: Why was it removed, then?
Johnson: I decline to answer that.
Shields: Was it sold to somebody?
Johnson: I decline to answer that.
Shields: Were you paid any money for it?
Johnson: I decline to answer that.

Shields: So what facts do you have to support your assertion that this was moveable?
Johnson: I decline to answer that.
Shields: So your purpose in coming here today is to try to justify the removal of the grain elevator system?
Johnson: I decline to answer that.
Shields: Isn’t it true that the FLDS church asked you or were involved in the removal of the grain elevator system?
Johnson: I decline to answer that again.

Attorney Greg Hoole: So my question is, I’d like you to explain to me what your understanding is of Mr. Shields’ warning to you regarding improperly invoking the Fifth Amendment.
Johnson: I decline to answer that.
Hoole: On what basis?
Johnson: Fifth Amendment.

http://blogs.sltrib.com/plurallife/2006/03/grain-elevator-deposition.htm