| Ex-Hildale police officer found guilty of bigamy | |||
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By Nancy Perkins Deseret Morning News | |||
ST. GEORGE — A jury found accused polygamist Rodney Holm guilty Thursday of charges of bigamy and unlawful sex with a minor, and attorneys on both sides of the highly publicized case subsequently predicted the conviction will not be the end of prosecuting crimes related to polygamy. The jury of five women and three men deliberated for just over an hour and a half before returning the guilty verdict on one count of bigamy and two counts of unlawful sex with a minor 16 or 17 years old, all third-degree felonies. A ninth juror was excused late Wednesday for personal reasons. Sentencing for the former Hildale, Washington County, police officer, an admitted polygamist and member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, is set for 3:30 p.m. Oct. 10 in 5th District Court. "Mr. Holm is very disappointed. He's just very quiet. He has a lot of things to think about," said Rod Parker, one of Holm's attorneys, a few hours after the decision was read. "But it's not over yet. When this case is over, the state will find bigamy is no longer illegal in the state of Utah." But prosecutors said the conviction signals a more aggressive stance against crimes committed in polygamous communities. "The message has been sent: These marriages to young girls will not be tolerated," said Ron Barton, an investigator with the Utah Attorney General's Office, adding that the state is working on several similar cases. "We are sending the message we are willing to protect them." Utah Attorney General Mark Shurtleff put it more bluntly. "I don't mind telling Warren Jeffs (leader of the FLDS church) that I'm coming after him," Shurtleff said, calling Holm's conviction a victory for all the young women living in polygamous communities. The Holm trial was preceded by high-profile cases against Utah polygamists Tom Green and David O. Kingston, also involving teen brides. Currently, another member of the Kingston clan, Jeremy Kingston, is being prosecuted on incest charges stemming from a marriage to a 15-year-old cousin who is also his aunt. Holm is legally married to one woman, Suzie, and sealed in an FLDS religious ceremony to another woman, Wendy. Members of the FLDS church practice plural marriage, which is taught as a central tenet that is essential to their salvation. Ruth Stubbs, Suzie's younger sister, also married Holm in a religious ceremony in December 1998. She was 16 at the time of her church wedding to a 32-year-old Holm. Stubbs, who later left Holm and sought custody of their two children, reluctantly testified during the four-day trial. Utah law makes it a crime for someone 10 years older than a 16- or 17-year-old to have sex with that person unless they are legally married. During closing arguments Thursday morning, Parker said Holm is the first FLDS member to be prosecuted for his polygamous beliefs in the past 50 years. "This case presents a real cultural conflict," he told the jury. "Mr. Holm didn't invent these beliefs and culture. It came down through six generations. Because of his religious beliefs, he's now threatened with his loss of freedom." Parker challenged the state's case, saying the evidence presented did not prove beyond a reasonable doubt that Holm was guilty of any of the charges. The definition of marriage was also raised as Parker pointed out many Utahns live together as if they were married. "The state refuses to concede marriage is more than a piece of paper," Parker said. "Marriage is a religious covenant for the FLDS. Their marriage covenant isn't talking about state law, they're talking about God's law." Utah Assistant Attorney General Kristine Knowlton, who later confessed she was worried the jury might choose acquittal the longer they deliberated, asked the jury to focus on one point. "Your job is to judge. We're here for you to decide if Mr. Holm violated the law. He did," said Knowlton, who also criticized Stubbs' father for consenting to his daughter's union with an already-married man. Holm, who was accompanied to court Thursday by friends, family members and two women Parker described as Holm's "mothers," was released on his own recognizance until sentencing. During a court recess, Holm held hands with his mother, Louise, as the two leaned toward each other, whispering and squeezing each other's hands. Max Wheeler, another of Holm's attorneys, said the case would be appealed to the Utah Supreme Court sometime after the sentencing phase is completed. Judge G. Rand Beacham could sentence Holm to up to 15 years in prison and order him to pay any applicable fines. A pre-sentence report was ordered, which will delve into Holm's background and other factors that prosecutors and defense attorneys will use in recommending a sentence to the judge. | |||
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deseretnews.com Originally published Friday, August 15, 2003 | |||
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