By Myrna Trauntvein
Times-News Correspondent
Thomas Arthur Green, a self-proclaimed bigamist who lives
on a 15 acre farm in Juab's West Desert, had his motion to
sever counts and the motion to continue denied in Forth
District Court in Nephi.
Green was also ordered by Judge Donald Eyre Jr. to
call and report into the Juab County Sheriff's Office each
day after Juab County Attorney David Leavitt told the court
he feared Green was about to flee to Canada.
The preliminary hearing for Green on all six counts
will be held on May 25 at 1 p.m. in the Fourth District
Court in Nephi.
Monte Stewart, former U.S. Attorney for Nevada and a
Brigham Young University law professor, joined with Leavitt
in presenting arguments for the state.
"I think the defendant is a risk of flight," said
Leavitt.
One reason for the motion to continue the preliminary
hearing, he said, was to allow Green time to leave his Utah
home. Leavitt said recently a fax had been left at in his
office late in the afternoon.
The article left for him was one from a Scottish
publication from 1999 and indicated that Green would flee
prosecution by immigrating to Canada.
"I have seen all kinds of strange things," said Judge
Eyre. "This is one of the strangest. Is this an article from
the Internet?"
Leavitt said he did not know where the information
came from but thought the motion to continue was filed to
give Green time to flee. "I was served with the motion to
continue 20 minutes before the hearing today."
The property owned by Green in Juab County's West
Desert was not of sufficient monetary value to discourage
flight, said Leavitt. It was not worth the $150,000 bond, he
charged.
John Bucher, Salt Lake City, the attorney for Green,
protested because he said Leavitt had already stipulated
that the amount was acceptable.
Eyre told Green he must call the Juab County Sheriff's
Office each day. "You will give them a telephone number and
they will call you back."
If the area code is not one for Green's home or for
Las Vegas, NV, where Green has business dealings for the
next few weeks, then a warrant will be issued for his arrest
and he will be incarcerated until the preliminary hearing is
held.
"I am comfortable with the stipulations Judge Eyre
set," said Leavitt following the motions hearing. "I am
reassured by the daily contact with the Sheriff's
Office."
Bucher argued that all six of the counts against Green
should be tried separately. At least, the counts should be
separated into three categories.
"Count I, rape of a child, should be separated from
the counts, II through V, for bigamy, and count VI, for
criminal non-support," said Bucher. "Evidence presented for
one count should not prejudice against the other
counts."
There were two tests, he said, which should be
followed. One was that one crime could be introduced as
evidence in another only if they were similar and the other
was that one crime caused or precipitated another crime. "In
this case, the prejudice is too great and the charges are
too dissimilar."
"The core and essence of the state's case is that the
multiple relationships of Green are not relationships of the
moment," said Stewart.
"Green's continuing criminal enterprise encompasses
the six crimes charged, which are thereby connected together
and which arise from a common scheme or plan," said
Stewart.
The common scheme was indicated when, in Jan. 1985,
Green, then married to Lynda Penman, took two more wives. He
subsequently "married" 10 wives. He remains married to five
of them and is the father of 29 children.
The rape of a child occurred, said Stewart, when Green
cohabitated with a 13-year old girl who, nine months later,
gave birth to a son. She then married him in a civil
marriage.
"The count of the rape of a child occurred 14 years
ago," said Eyre. How could the prosecution be kept with the
counts of non-support and bigamy without prejudicing a jury?
he asked.
Leavitt said he would subpoena Gina Teeples, Linda
Green, Shirley Green, LeeAnn Green, Cari Green, Hanna Green,
June Johnson, Beth Cook, Colleen Kuns, Norma Ryan, Julie
Dawn McKinnley, Juab County Sheriff David Carter, and a
secretary from Crescent Middle School in Sandy.
Following the hearing, three of the wives&emdash;Cari
Bjorkman, LeeAnn Beagley and Shirley Beagley&emdash;said
problems dealing with non-support came after difficulties
caused when the family lost everything in a fire.
"We lost a log home which had been added to in a house
fire," said Cari Bjorkman. "Shirley lost a three-year old
child in that fire."
"For four years we have worked on our property," said
Shirley Beagley. A $24,000 project to build a water and
sewer system had been undertaken and the family had no plans
to flee.
"He has committed himself to this. Do you realize what
an undertaking it would be to get a family of our size ready
to move to Canada," said LeeAnn Beagley.
When it comes to making any kind of decision to
testify against Green, said Bjorkman, the decision would be
simple. "We choose our family and our religion."
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