| Judge declares mistrial in Barlow case | |||
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By Patrice St. Germain patrices@thespectrum.com | |||
ST. GEORGE - A handwritten witness statement on a Hildale Police Department form resulted in a mistrial against ex-FLDS member Thomas Barlow. Barlow was facing charges of kidnapping, attempted assault and domestic violence in the presence of a child and was having a jury trial Friday morning in 5th District Court when a previously overlooked statement surfaced. Washington County Deputy Attorney Ryan Shaum said the jury had already been seated when he noticed a handwritten statement in a police file. "There was another statement written by someone who had observed injuries on the victim - a handwritten statement on a Hildale police form that was not disclosed until today," Shaum said. Shaum brought the statement to the attention of Barlow's attorney, Travis Christiansen, who also did not know about the statement and filed a motion with the court. Christiansen said the statement, written two days after the alleged incident, was written by an EMT who stated that Barlow's former wife, Terri Shapley, was taken to a local medical clinic and examined by a nurse practitioner. "While she (Shapley) was at the clinic, she was examined and they took photos of alleged injuries inflicted by Thomas Barlow," Christiansen said. Christiansen said the missing statement was not a minor oversight and said he hoped it was purely an accident that the statement was overlooked by police and not given to the defense and prosecution. "I hope it was a pure accident. I really hope that. If not, there are more problems in Colorado City and Hildale than I want to think about," he said. Shaum said two witnesses, including Shapley, testified before a lunch break was called and Judge James L. Shumate reviewed the motion. When court went back into session, Shumate declared the mistrial. Barlow was facing the charges stemming from an alleged incident in August 2004 when he attempted to talk to his former wife. Shaum said the couple had divorced - at least from their spiritual marriage - and Barlow had gone to her residence and wanted her to come outside with him. "Force was involved and it was alleged that she was taken against her will," Shaum said. Colorado City/Hildale police officer Helamon Barlow had the statement neither the defense nor prosecution was aware of until Friday, but attempts to reach the police department for details on the missing statement were unsuccessful. Cedar City private investigator Sam Brower said Thomas Barlow had been kicked out of the Fundamentalist Church of Jesus Christ of Latter Day Saints by Warren Jeffs several months before the incident. Christiansen said Shapley testified that because of Thomas Barlow's unrighteousness, she and her child were placed with Barlow's brother LeGrande. Christiansen said in addition to Barlow's landlord, his former employer was in court and ready to give Barlow a job to start work Monday morning. Barlow was transported to Purgatory Correctional Facility to be booked out and, for the first time in six to eight months, was a free man, Christiansen said. "A win is a win is a win," Christiansen said of the mistrial. "Anytime you win a criminal trial in any way, shape or form, it's a good thing." Shaum said the Washington County Attorney's Office had the case since September 2004, but there had been some delays. "It's unfortunate because we cannot get to the merits of the case," Shaum said. "It's always unfortunate when you can't get the evidence to the jury for them to find the defendant guilty or not guilty." | |||
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TheSpectrum.com Originally published September 30, 2006 | |||
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