By Myrna Trauntvein
Times-News Correspondent
Opening arguments are set to start this morning in Provo
Fourth District Court in the state vs Tom Green on charges
of bigamy and criminal nonsupport.
The case began in Juab County, Green and his family
live in the county's West Desert, when David Leavitt, county
attorney, began proceedings by charging the polygamist.
Jury selection was postponed for two hours while the
court heard arguments on Green's attempt to dismiss the
charges on grounds that bigamy and common-law marriage
statutes in Utah are contradictory.
"We thought we had a knockout punch," Green said after
4th District Court Judge Guy R. Burningham rejected the
motion.
"The defendant's most recent and eve-of-trial motion
to dismiss is without merit. It raises no issue, argument or
contention not already addressed and disposed of by this
court," Leavitt said.
Linda Kunz Green was declared Green's common-law wife
by the court last year.
In addition, the prosecution delayed jury selection by
seeking to bar a Salt Lake Tribune photographer.
The discussion came when Leavitt said he wanted to
include photos taken of Green and his family as evidence
against him and also wanted photographer Leah Hogsten
banned. "We simply think the pool photographer should have
no indication of bias," Leavitt said.
Burningham in the beginning said he would hear the
motion decided it was not his place to limit the media.
"The media's not on trial here," Burningham said, "Mr.
Green is on trial."
Late Monday afternoon an eight-member jury&emdash;five
women and three men&emdash;was impaneled. The jury was
picked from a pool of more than 70 people with all potential
jurors going through individual interviews, with Leavitt,
defense attorney John Bucher and Judge Burningham.
Two weeks ago, 101 potential jurors were handed
questionnaires that quizzed them about their religious
beliefs and personal feelings about polygamy and Green.
Fifteen people were immediately excused because of their
answers.
During jury selection Monday, attorneys questioned 29
potential jurors&emdash;many of them members of The Church
of Jesus Christ of Latter-day Saints&emdash;whether their
religious belief that polygamy should no longer be practiced
would interfere with their ability to be impartial.
Bucher, in follow-up questions, asked prospective
jurors if they thought they would be pressured by groups
such as The Church of Jesus Christ of Latter-day Saints.
Green is also charged with first-degree felony
child-rape for impregnating a 13-year-old girl in 1986. She
became his first plural wife and is now the matriarch of the
family. No trial date has been set in that case.
Burninghan said he will not allow the week's five-day
jury trial to be a "soap box" for polygamous fundamentalists
and book authors critical of The Church of Jesus Christ of
Latter-day Saints. He said he intends to keep firm control
on witness testimony.
"This is a very interesting and unique case,"
Burningham said. "That's largely because Green's religious
marriages could be considered legal marriages under the
law&emdash;but I will not allow it to become a
fundamentalist soap box," he said.
Although Green married and legally divorced each of
his five wives, Leavitt said under Utah law, any marriage as
the result of a "religious ceremony" could be considered a
legal marriage with or without a marriage license.
Bucher said by annulling his marriages to his wives,
Green was actively trying to not break the law.
Leavitt said the state's witness list is about six
pages long. The list includes 10 of Green's children, five
of his wives and one ex-wife who still lives with his family
at the Greenhaven trailer grounds. The trial is scheduled to
last through Friday.
Green, his wives and 10 of his children are staying
with his mother in Salt Lake City during the trial. Green's
other 15 children are staying with friends.
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