| Third wife testifies tearfully in trial Holm charged with unlawful sexual conduct | |
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By Nancy Perkins Deseret Morning News | |
ST. GEORGE — A tearful Ruth Stubbs testified in 5th District Court on Tuesday that she wanted to marry another man but instead became the third spiritual wife of polygamist Rodney Holm. A jury of five women and four men, seated after attorneys for both sides whittled the jury pool down from a potential 82 jurors, listened quietly as state prosecutors began their case, which is scheduled to end Friday. Holm is charged with two counts of unlawful sexual conduct with a minor 16 or 17 years old and bigamy, all third-degree felonies punishable by zero to five years in prison and a $5,000 fine. Utah law makes it a crime for someone 10 years older than a 16- or 17-year-old to have sexual relations with that person unless they are legally married. "This is not a complex case. It is a very simple, straightforward case," said prosecution co-counsel Paul Graf in his opening statement. "The facts will be easy to apply to the law in this case. This is something you'll find sad, even tragic. The two children (born to the couple) are victims, and the bride herself was a child at the time of the marriage. She was very much at risk." Holm, a former peace officer in the twin cities of Hildale, Utah, and Colorado City, Ariz., about 45 miles east of St. George, is a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The FLDS church preaches plural marriage as a central tenet, and most residents of the two towns belong to the growing church. The case against Holm began after Stubbs, who married Holm in an FLDS religious ceremony when she was 16 and he was 32, left and sought custody of their two children. At the time she left, Stubbs was pregnant with the couple's third child and filled with conflicting emotions. "There was a lot of feelings," Stubbs said. "Wonderment, scared, happy in one way, just a lot of feelings." Utah assistant attorney general Kristine Knowlton questioned Stubbs for nearly an hour and a half, asking her details about her upbringing, attitude toward the FLDS religion and polygamy, how she came to marry Holm, and how often the two had sexual relations after marriage. Holm's defense attorney, Max Wheeler, who was overruled on many of his objections, said the facts of the case need to be discussed in the proper context to be understood. "The true facts may not be complex, but the circumstances are complex," said Wheeler. "It is a simple fact that Mr. Holm is here because of his sincerely held religious beliefs that conflict with a state law that attempts to destroy those beliefs. The bottom line is that the evidence will show Mr. Holm is not some sexual predator or deviant. He just has religious views that were passed down through the generations." Holm and Stubbs, while not legally married, both considered themselves to be married in the sight of God, said Wheeler. It is a tradition in the FLDS church that only women are allowed to seek permission from church leaders when they want to get married, he said. Stubbs, who said she began thinking about marriage at the age of 13, sought a meeting with FLDS leader Rulon Jeffs. "I wanted to marry him, this other person," said a flushed Stubbs. "I told him (Rulon) I felt like I belonged to this young man." Jeffs did not grant permission for the marriage at that time, so Stubbs sought another meeting with the church leader. Members of the FLDS church considered Jeffs, who has since died, a prophet. Jeffs' son, Warren, is now leader of the FLDS church. "Uncle Rulon just said, 'It comes to me you belong to him,' to Rod," said Stubbs. "I told him I'd do it. I don't know why I said that. I still don't know why." The marriage took place the next day at Jeffs' home, she added. Stubbs' father, who approved of the marriage and agreed to let Stubbs marry Holm, was there. Her mother, who disapproved, was not in attendance, said Stubbs. "This person you were interested in, he was also more than 10 years older than you, wasn't he?" Wheeler asked Stubbs, who agreed she had no objection to marrying an older man. Holm's reaction to Jeffs' decree that Stubbs should become his third wife was cautious, Wheeler said. He, too, was surprised by the decree issued by Jeffs. "Rod asked Uncle Rulon a couple of times if it (the decision) was right," said Stubbs. Holm, in fact, asked Stubbs to make certain she wanted to go through with the religious marriage ceremony. He didn't want her to do it if she couldn't be committed to the marriage, she said. Stubbs, who did not grow up a member of the FLDS faith, had come to believe in it and said she wanted to follow the prophet's advice, said Wheeler. An attempt by Wheeler to question Stubbs about the 132nd section of the LDS Doctrine and Covenants scripture, which discusses the principle of plural marriage, failed when Knowlton objected and the judge called both parties to the bench. Stubbs will be back on the witness stand Wednesday morning. | |
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deseretnews.com Originally published Wednesday, August 13, 2003 | |
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