S. Utah polygamy case moves ahead
 Judge clears way for Holm's 5-day jury trial
 
By Nancy Perkins
Deseret Morning News
 
ST. GEORGE — A 5th District judge has denied a motion to dismiss charges against a polygamist accused of bigamy and unlawful sexual conduct with a minor 16 or 17 years old.

After reviewing a 73-page document filed last Thursday by attorneys for Rodney Holm, Judge G. Rand Beacham informed both sides of his decision during a conference call Tuesday.

The five-day jury trial against the 37-year-old Holm, a former peace officer in the twin towns of Colorado City, Ariz., and Hildale, Utah (both about 45 miles east of St. George), will begin Monday as planned, said Holm's attorney, Rod Parker.

"At this point we are preparing for trial," said Parker.

Parker added he isn't sure when he will file an appeal on Beacham's decision, something the judge said last week would likely happen no matter what decision he made on the motion to dismiss.

Holm, who had three wives until one left him, is charged with two counts of unlawful sexual conduct with a minor 16 or 17 years old and one count of bigamy. All are third-degree felonies punishable by up to five years in prison and a $5,000 fine. A third charge of unlawful sexual conduct with a minor 16 or 17 years old filed against Holm was dismissed in December.

The charges against Holm stem from his third marriage to Ruth M. Stubbs, a sister to Holm's legal wife, Suzie. Stubbs was married to Holm in a spiritual ceremony when she was 16 and he was 32. She was pregnant with their third child when she left and sought custody of the children.

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.

Two third-degree felony charges filed against Suzie Holm were also dismissed. She had been charged with one count each of aiding and abetting her husband with unlawful sexual conduct with a minor 16 or 17 years old and bigamy. No charges were filed against Holm's second wife, Wendy.

Jury selection is likely to take the first day of trial since nearly 100 potential jurors have been called, Parker said. A questionnaire will be given to jurors, and private interviews may be conducted in the judge's chambers, it was determined last week.

Holm, who was placed on administrative leave pending the outcome of his case, and all three women are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The FLDS church teaches plural marriage as a basic tenet, and most women are married by the time they are 25 years old. Nearly 7,000 members of the FLDS church live in Colorado City and Hildale.

Kristine Knowlton, Utah assistant attorney general, said she is ready for trial even though she is not sure whether Stubbs will obey a subpoena served on her and be in court on Monday

"We'd just like to go to trial and let the appellate courts do what they do," Knowlton said.

Parker argues in the motion to dismiss that Utah's laws criminalizing bigamy and polygamous cohabitation are unconstitutional because they target the religious practice of polygamy and his client's right to free exercise of religion.

Parker also raises a recent U.S. Supreme Court decision, Lawrence vs. Texas, that overturned anti-sodomy laws across the nation, including Utah's. That decision, said Parker, is applicable to Holm's case since the judges ruled government couldn't regulate private conduct between individuals.

Knowlton pointed out the Texas case involved two consenting adults, not a minor.
 
deseretnews.com
Originally published Wednesday, August 6, 2003
 
Back