By Myrna Trauntvein
Times-News Correspondent
The case against polygamist Tom Green for
child-rape filled two days of court with plot twists and
turns enough to make the "sure-to-be-written" book about
the trial a best-seller.
After two days of testimony, 4th District Court
Judge Donald Eyre ordered the hearing to be continued to
June 4, granting Green's attorney, John Bucher, a third
day of testimony.
In a second day of testimony, Juab County Attorney
David Leavitt called former Salt Lake County sheriff's
deputy John R. Llewellyn, author of books on polygamy, to
the stand to testify about conversations he had with
Green about his marriages.
Green, who is currently serving a five-year
sentence for bigamy and criminal nonsupport, is being
prosecuted for first-degree felony child rape and, if
found guilty, could be sentenced to life in prison.
Leavitt must prove that Utah's government has
jurisdiction to prosecute Green, who contends he and his
13-year old bride were in Mexico when her first child,
now 15-year old Melvin, was conceived.
"He (Green) said Melvin was conceived in Wyoming,"
Llewellyn said. "He changed his mind and said he was
conceived in Mexico. I reminded him, and he said he
forgot that Linda said it was in Mexico."
Bucher, accused Llewellyn of deceiving Green into
thinking he was a friend. Nevertheless, when asked by
Bucher if he liked Tom Green, Llewellyn said, "Yeah, I
still like him. He's the type of guy that writers like to
write about."
Bucher challenged Llewellyn's credibility by
questioning his memory when Llewellyn failed to recall
details about where earlier conversations with Green took
place. In court, Llewellyn testified the interview with
Green in which he made the slip took place at the state
prison last November.
Llewellyn, Bucher said, called Green a "predator"
with a "runaway libido" on his web site where he
advertises his books for sale.
"Do anti-polygamy books sell better than books
sympathetic to polygamy?" Bucher asked.
Llewellyn has been accused by Green's five wives of
secretly working for the Utah Attorney General's
Office.
Whether Green was in Utah or not in 1985, Leavitt
says is immaterial. "According to Utah's laws, the state
may have jurisdiction over a Utah resident, if that
resident committed an act that was illegal in both Utah
and the place the person is staying," he said.
According to an expert in Mexican law, Green
violated Mexico's statutory rape law by marrying a
13-year-old girl.
Therefore, even without writer Carolyn Campbell's
testimony, Leavitt said he is confident he can prove the
child-rape charge. "We just decided that we didn't need
her," he said.
Llewellyn is one of two local writers subpoenaed to
bear testimony in the legal battle over whether
prosecutors have jurisdiction to charge Green with child
rape.
Another free-lance writer who wrote about the Green
clan will not be compelled to testify against Green in
the child-rape case.
Just before Judge Eyre had a chance to rule,
Leavitt filed a notice Thursday, prior to the Friday
hearing, in 4th District Court revoking the subpoena
issued for Campbell.
However, Campbell had another scare when John
Bucher, attorney for Green, announced that although the
state had dropped its subpoena against her, he intended
to call her as a defense witness. Bucher said, however,
that he will not call her at this time.
Bucher called Carolyn LeBaron, sister-in-law to
Ervil LeBaron to the stand in an attempt to place Green
in Mexico at the time of his marriage to Linda
Kunz-Green.
Carolyn LeBaron testified that while she was living
in Baja, Mexico, in January 1986, she offered her home in
Los Molinos, Mexico to Green and his new 13-year-old wife
for use on their honeymoon.
When cross-examined, Carolyn LeBaron said she had
kept a diary of events in Mexico and would have likely
written about Green's visit. When asked to produce the
diary, she said she could not find it.
Both Campbell and Llewellyn had plans to
collaborate on a book about Green's life. Just after
Green's bigamy trial last year, Llewellyn backed out of
the deal.
