| Guilty: Jury convicts polygamist ex-police officer in sex case Defense plans to appeal based on privacy issues | |||||
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By Rachel Olsen rolsen@thespectrum.com | |||||
ST. GEORGE -- A jury found Rodney Holm guilty Thursday on all three charges against the former police officer of the Hildale-Colorado City area. The panel of five women and three men deliberated for an hour and 40 minutes before finding Holm guilty on two counts of unlawful sexual conduct with a 16- or 17-year-old and one count of bigamy. The state based the charges against Holm on his alleged sexual conduct with his third wife, Ruth Stubbs. Holm pleaded innocent to the charges at his preliminary hearing Dec. 11. The case against Holm was the first to target a polygamist within an organized religious polygamist community since the raids on Short Creek in 1953. A silent courtroom awaited the arrival of the jury, where the most movement on the defense table came from Attorney Rodney Parker, who entwined his fingers, drumming them against one another. "We are obviously disappointed with the verdict today," Parker said outside the court. Although Holm made no comment following the verdict, Parker said they planned to appeal. He said one basis of that appeal would be the constitutionality of the bigamy charge after the ruling in Lawrence v. Texas, a case in which the Supreme Court overturned issues regarding privacy laws and sodomy. Assistant Utah Attorney General Kristine Knowlton said the Lawrence case did not have any bearing in Holm's trial because the Lawrence case was about two consenting adults, something this case was not. Knowlton said the attorney general's office would continue to enforce laws to protect children and was pleased the jury was not swayed by the defense's mention of judging actions based on the polygamist culture. "(Holm) can believe however he wants to believe," she said. But when violating the law people must face the consequences, and not even a police officer is above the law, she said. However, in closing arguments, Parker said knowledge about the culture was essential to understanding his client's actions. "Mr. Holm deserves a trial of jury by his peers, and there is a cultural difference here. ... If you judge (Holm) by our standards then you are being judgmental," Parker said. The law which the government levied against Holm destroys him, his family and other families like his, Parker said. After the verdict, outside the courtroom, Parker said he never wanted a free pass on these kind of issues. He only asked that the faithful of the Fundamentalist Church of Jesus Christ of Latter-day Saints be allowed the same access to the institute of marriage as everybody else, allowing them to marry more than one wife. In closing arguments, he mentioned the heritage of Utah -- a religious heritage and the heritage of polygamy, which many state residents share. "We don't see our ancestors as immoral or wrong. We see them as victims of religious persecution," Parker said. Holm's culture was his religion, and that culture works in the community in which he lives, Parker said. Knowlton countered Parker's closing by saying the case was not about religion, but about following the law. "It is not appropriate to come into court and ask you to disregard the law," she said. "We the people ... have a duty to protect these kids." Pennie Peterson, sister to the victim, Stubbs, helped Stubbs once she left the Hildale community. Peterson said Thursday was a good day for children in the Colorado City-Hildale community. "I hope Warren Jeffs (the FLDS prophet) remembers this before he marries off another girl," Peterson said. Holm was released on his own recognizance. The court has yet to set a date for his sentencing hearing. | |||||
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TheSpectrum.com Originally published Friday, August 15, 2003 | |||||
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