May 18, 2000

Sparks flew in a Juab County courtroom today when a prosecutor asked a judge to lock up polygamist Tom Green because he might be planning to flee the country.

The judge refused.

News Specialist John Hollenhorst explains.

The prosecutor says someone faxed him an article from a publication in Scotland, quoting Green saying he might flee if the prosecution got hot enough. And the prosecutor suggested the defense attorney was trying to delay a preliminary hearing to give Green time to flee with his huge family.

Tom Green not only faces a rare prosecution for polygamy, but also a child-rape charge for having sex with one of his purported wives 14 years ago, when she was 13.

Prosecutor David Leavitt, Governor Leavitt's brother, told the judge Green might be planning to take his whole clan to Canada.

David Leavitt/Juab County Attorney: "ANYONE FACING A CHILD-RAPE CHARGE, FACING THE POSSIBILITY OF LIFE IN PRISON, THERE'S A STRONG LIKELIHOOD THAT THAT PERSON WILL FLEE."

Tom Green/accused polygamist: "NEVER! IF I WAS GOING TO FLEE, I WOULD HAVE FLED A YEAR AGO, WHEN MR. LEAVITT CAME TO MY HOUSE AND RATTLED HIS SABRE."

The judge refused to lock up Green, but ordered him to stay in daily phone contact with the sheriff's office.

The judge has not ruled yet on other key motions. The defense wants the various charges separated into different trials so that prejudicial testimony about child-rape doesn't undermine Green's credibility with jurors in a bigamy case.

John Bucher/Green's Attorney: "THEY'LL ALSO LOOK AT HIM AS A DEGENERATE HUMAN BEING, NOT A GOOD HUMAN BEING."

DAVID LEAVITT/JUAB COUNTY ATTORNEY: "ANY EVIDENCE THAT WE INTEND TO PRESENT IS PREJUDICIAL TO MR. GREEN. THE QUESTION IS WHETHER IT'S UNDULY PREJUDICIAL. WE BELIEVE THAT IT IS NOT. BUT WE CERTAINLY WILL RESPECT WHATEVER THE JUDGE RULES."

In the strangest legal twist, prosecutor Leavitt wants the judge to rule that Green is still legally married to the rape victim so he can prove bigamy, even though she and Green obtained a legal divorce, which the prosecutor calls a sham divorce.

DAVID LEAVITT/JUAB COUNTY ATTORNEY: "ALL OF IT IS NEW TERRAIN. IT IS A CAN OF WORMS. BUT ALL WE'RE TRYING TO DO IS HAVE THE STATE RECOGNIZE WHAT MR. GREEN HAS SAID FOR MANY YEARS, THAT LINDA GREEN IS HIS WIFE."

TOM GREEN/ACCUSED POLYGAMIST: "MR. LEAVITT CALLS IT A CRIMINAL ENTERPRISE. IT'S NOT A CRIMINAL ENTERPRISE, IT'S A CULTURAL ENTERPRISE. IT'S THE CULTURAL ENTERPRISE ON WHICH THIS STATE WAS FOUNDED, AND UPON WHICH MR. LEAVITT'S POLYGAMIST ANCESTORS CAME HERE."