May 14, 2001--
A jury has been seated in the Tom Green bigamy trial.
Green came to court Monday morning with a last minute motion to dismiss the case.
The judge, however, rejected it and jury selection began.
Green says he was concerned that religious affiliation of some prospective jurors could impact the jury.
Eight jurors and two alternates were selected.
Opening statements are expected in the morning and then the state will begin its case.
The trial is expected to last all week.
From Associated Press
PROVO, Utah (AP) _ Jury selection began Monday morning in Utah's first polygamy case in 50 years, with attorneys examining the attitudes of potential jurors toward the practice brought to the state by the first Mormon settlers.
Tom Green, who lives with his five wives and 25 of 29 children in Utah's west desert, faces four counts of bigamy and one count of failing to pay child support. If convicted he could serve up to 25 years in prison.
Green, 52, also is charged separately with child rape because he allegedly married a 13-year-old. That trial has not been scheduled.
The child rape issue led to the disqualification of at least one juror, who said she had a 13-year-old daughter and would view Green through a mother's eyes.
Lawyers questioned 29 jurors by 5 p.m. Thirteen were chosen for the next round of selection. Attorneys on both sides decided to drop one alternate; the final pool will consist of eight jurors and one alternate.
Two potential jurors were disqualified, in part because they said they might have trouble doubting the word of law enforcement officers.
At least two others were dismissed because they knew too much about Green's well-publicized case.
Indeed, Green's quest for publicity may be what landed him in court. He and his family have repeatedly appeared on national television, including an appearance Monday morning on CBS' "The Early Show."
One potential juror, a man who was disqualified, said he had seen Green on television and formed an opinion: "I feel like we've got a polygamist here," said the man. Names of potential jurors have been withheld by the court.
"I've seen it on TV, I feel like my tax dollars are going to this. It gave me the willies when all those little girls (Green's wives) came in this morning with all those little kids," the man said.
Attorneys on both sides were concerned about potential jurors' attitudes toward polygamy, which was brought to Utah by the Mormon pioneers in the 1840s. It was banned by the Utah Constitution and abandoned by The Church of Jesus Christ of Latter-day Saints more than 100 years ago.
Many Utah residents _ including the prosecutor in Green's case, Juab County Attorney David Leavitt _ can trace their ancestry to polygamists. Leavitt is Gov. Mike Leavitt's younger brother.
Two of the prospective jurors questioned Monday morning said they have had direct contact with polygamists, one through a co-worker and another who had polygamist neighbors.
Selection for a pool of eight jurors and two alternates was expected to continue Monday.
Also on Monday, Judge Guy Burningham rejected a last-minute motion from Green's attorney, John Bucher.
Bucher argued that by declaring Green married to his first wife, Linda, under a common-law arrangement, the state had automatically made him ineligible for marriage to his other four wives _ and thus not a polygamist.
Burningham dismissed the motion after a two-hour closed-door conference in his chambers.
All five wives and 10 of the children waited in the courthouse hallway during jury selection.
(Copyright 2001 by The Associated Press. All Rights Reserved.)
APTV 05-14-01 1735MDT
