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Show ase aie Witt cleideadl-aaccdeaeeenaeenetinastilt ‘The Salt Lake Tribune UTAH Saturday, October 11, 2003 Polygamist is ordered tojail Bigamy, teen sex counts: He is likely to get work-release By Marx Havnes TheSalt Lake Tribune ST. GEORGE — Former Hildale po- lice officer Rodney Holm, convicted of twosex offenses and bigamy, was ordered to report Monday morning to Purgatory Holm, 37, was sentenced on Friday in 5th District Court to the Purgatory Correctional Facility in Washington County for his conviction Aug. 14 on two counts ofunlawful sex with a minor and a single count of bigamy. Before Judge G. Rand Beacham passed sentence, Holm, a resident of the polygamist community of Hildale, told the-court, “I love my family and children very much and wantthe opportunity to continue to take care of them.” Beacham sentenced Holm to a year in jail, but will allow Holm to qualify immediately for work release, meaning he likely will be allowed to work during the day while spending nights at the jail The judge also suspended an additional sentence of three prison terms of up to five years on the three third-degree felony counts. Instead, Holm was placed on three years probation. Holm also was fined $3,000 and ordered to perform 200 hours of community service — involving a public and not religious entity. He also must enroll in a sex offender program. wahw'a stasalaneanten condie unlawful sex with a 16- or 17-year-old at least 10 years his junior, and of bigamy stem from his 1998 “spiritual” marriage at age 32 to Ruth Stubbs, then 16. The ceremony was conducted by an official of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. At the time, Holm already was legally married to Stubbs’sister. Stubbs, who no longer lives with Holm, was the state’s star witness during the trial. In arguments Friday, Holm’s attorney Rodney Parker asked the convictions be downgraded to class A misdemeanors, in lightofthe religious culture that dominates the community Holm ea iggaagma ua Pee iis ini aide & not appropriate for the circumstances and nature of this case,” said Parker. “Hedidn’t set out to disregard the law in a deliberate way.” Beacham refused to reduce the felonies, but acknowledged that the unlawful sex charges were not motivated by lust, coercion, pressure or deception. However, he noted that Holm was a police officer and “he is expected to know the law.” Parker also pointed out that Holm is respected by the community, as seen by letters of support sent to Beacham,including two letters of support from Stubbs. About three dozen members of that community filled the St. George courtroom Friday. Deputy Attorney General Kristine Knowlton, who has prosecuted the case from the beginning, said the letters from Stubbs were consistent with her fear of angering people. “Ruth doesn’t want people mad at Nick Apams/The Associated Press Rodney Hoim listens to the terms of his sentence Friday in a St. George courtroom. her — if it’s Holm,hersister or the FLDS Church.” Knowlton said jail time for Holm would make an example of what happens when a police officer breaks the law. She said his actions and not religion were on trial. Before passing sentence, Beacham said, “In my view, government should not attempt to change religious conviction. It is its business to punish illegal conduct.” Outside court, Parker said he plans to file a motion staying Holm’s sentence while the case works through the appeals process. Knowlton was pleased with Friday’s sentencing. “The judge after analyzing the evidence made a good decision,” she said. Schooling offered in Spanish DoInc A PusH-UP By Ruta Guipos TheSalt Lake Tribune At the Boys and Girls Club in Midvale, Sara Chavez hopes to gain the skills to become a better educator to her four children. To help them, she first needs to help herself, Chavez said. So, she enrolled Friday for basic education classes — taught in Spanish through a program called Community Plaza. The Mexican Consulate sponsors the classes for those 15 years and up who want to learn to read, write and attain the equivalent of a high school-level education. Like many who signed up for Greve Gaurrns/The Salt Lake Tribune Lisa Michie of Provo takes advantage of balmy October weather Thursday, with temperatures in the 80s, for an outdoor workout, pushing son Jake, 2, up a hill in Provo's Rock Canyon Park. Shorts weather disappeared from northern Utah on Friday and a nip in the air is expected today, too. See weather on Di0. the Midvale classes, Chavez did not complete high school in her so I can help my children with homework,” Chavezsaid. And once she masters basic reading and writing in Spanish, she hopes to take classes in En- glish. “IT want to make something of myself, even if it’s little by little,” Chavez said. Community Plaza _participants have three education levels they can achieve, depending on their goals. They can gain literacy, finish the equivalent of a middle school education, or finish the equiva- never finished high cane she said. She can read and write, but it takes her a while. She hopes learn to read and write in Spanish at a high school level and then start learning English. “I want you to open one door and then another and another,” said Patricia Deluera Canchola of the Mexican Consulate in Salt Lake City, as she spoke to the dozen men and’ women who signed upfor classes. The aim, Canchola said, is to have Mexicans and other Span- lent of high school. ish speakers attain a better level The Midvale program has seven teachers. The consulate provides books for the adults and the teachers. of education so they can succeed in the United States. In the Community Plaza program, adults can sign up at any time, said Alfredo Gutierrez. Anyone interested can call Gutierrez at 521-8508. native Mexico. In fact, she never Guadalupe Aguilar also said wentpast sixth grade. “IT made the decision to enroll she was joining the program to better herself. First-degree murdercharges are filed in Salt LakeCountycases ; By Derek P. JENSEN ve TheSalt Lake Tribune Thefirst crime happened Sept. 23. Police say Ira sister identified one of the watches he pawned as Anderson’s. Anderson’s wrists, wrapped a telephone cord son’s voice mailbox at a telephone dating service in twp Salt Lake County cases. around his head, neck and mouth, and struck him the day of the death. One suspect allegedly beat a Salt Lake County man to death in his apartmentafter arranging to Salthake County home and shot a man to death in in the head. An autopsy revealed Anderson, who also had six rib fractures, died of blunt force trauma to the head. Hensley was arrested four days later in Las Vegas after getting into a traffic accident while driving Anderson's green pickup truck, according to charges filed in 3rd District Court. Police found an incidentpolice say revolved around a girlfriend. several pawn slips on Hensley, and Anderson's Figst<degree murder charges were filed Friday meethim through a telephone dating service, then stole his truck and was later arrested in Las Vegas, Nev. Another man allegedly forced his way into a First-degree murder charges were also filed against Allen Adolph Kelly, 27, who allegedly shot Eugene Hensley, 40, went to the home of Leo Anderson at 1175 E. Westminster Ave., bound Cell phone records show Hensley called Ander- When Hensiey returned to a Salt Lake City Ra- mada Inn that evening, charges say, he told a niece with whom he was staying that he had tried to “zap” Anderson with a stun gun, and whenthat didn’t work he killed him. Hensley also faces counts of aggravated bur- glary and robbery,first-degree felonies and two counts of theft, a second-degree felony. Brent Sumner multiple times on Oct. 6 at 159 East Gordon Lane. Witnesses say they saw Kelly leaving Sumner'’s home wearing black clothing and a bandana over his face. Police found a handgun, sawed-off shotgun, ammunition and a bandana in Kelly’s bedroom. Police say the shooting may have resulted from a dispute between the two men over a woman. Kelly also faces first-degree aggravated burglary and obstructing justice, a second-degree felony. - Leon Fleisher continues remarkable eamebackinSLC. By CaTHERINeE Reese NEwTon hand alone. the musical sensibil- The Salt Lake Tribune By 1995, his hand had recovered enough to resume some of Everyone loves a comeback, andeon Fieisher’s is one of the the standard repertoire, includ- we more remarkable comebacks in the music world. The pianist was ing Beethoven's “Emperor” Concerto, which he performs with the Utah Symphony this mid-1960s when a debilitating fo- weekend. Friday’s cal dystonia in his right hand good, if not great. After all, hav- forced a career change —teach- ing something out of one’s rep- at the top of his profession in the performance was Beethoven recordings of the "50s so seminal. He was most successful in communicating the poetry of the concerto’s slow movement. The orchestra, under music director Keith Lockhart, gave freshsounding accompaniment. Even more exciting was the ertoirefor30yearshastotakeits toll. But Fleisher still displayed orchestra’s post-intermission performance of Prokofiev's S = * uccession ai . and a majority of Utah voters. Commission Chairman Kevin Worthen said because governor shall devolve upon the lieutenant governor,” but only until the “vacancy” is filled remains a there is “no pressing need” for changes, the entire process could through election of a new governor or the “disability ceases.” ae © Continued from Bl r 4 until next month. And anything the body approves needs the vote of two-thirds of the Legislature WCFwon't give forms take as long as three years. seems to say that the lieutenant governor only assumes the duties” and not the full title of governor, said Rep. Scott Daniels, a commission member. The Salt Lake Democrat believes, as does the attorney general, that “devolve” was intended objectively. The auditor could not be reached for comment Friday, but in an earlier interview he asked, “He wants them so he can use them for political purposes in connection with his very public campaign to undermine” the WCF’s move to privatize, said “What are they trying to keep to auditor secret?” @ Continued from Bl the subpoena because they be WCF officials have argued publicly that they are fighting lieve the auditor is overstepping his authority and fear that The tax exemption, worth an estimated $98 million in the pest eight years, is key to the decision about whether to privatize WCF. Jordan. “I said ‘undermine’and I stand by it.” As evidence, Jordan points to the Johnson article posted online, as well as a letter Johnson and State Treasurer Ed Alter sent to the IRS this surnmer.“It is a Clear advocacy piece,” Jordan said. The twoelected state officials “ Johnson said he needs to But WCFattorney Jordan on know how WCFframed the issue Friday revealed the undertying facts are presented fully and reason he is withholding documents from Johnson. to”tite IRS, to determine if the “On its face, the Constitution The key concern isambiguity about the lieutenant governor's ascension to governor. Utah’s Constitution says that if the governor resigns, is re moved, dies or becomes disabled in the middle of a term, “the powers and duties of the sent two letters to the IRS. In one, they pointed out that the agency is walking a tightrope by trying to gain total independence from e@The Utah Symphony, pianist Leon Fleisher and conductor Keith Lockhart perform tonight at 8 in AbravanelHall, 123 W. South Temple, Salt Lake City. a master of momentum,bringing each of the symphony’s four movements to a gripping close. Standout moments came from the woodwind principals clarinetist Tad Calcara, oboist Robert Stephenson, flutist Erich Graf and bassoonist Douglas Craig and from principal trumpeter Nick Norton andpianist Jason Hardink. The Abravanel Hall audience also got an early introduction to the Utah Symphony's newprincipal second violinist, Dara Morales, who won the position in auditions this week. Morales officially starts March 1, but made an immediate contribution this week in the frantic first-stand quartet at the end of the Prokofiev symphony. The concert opened with Weber's “Oberon” Overture, highlighted by Bruce Gifford’s impeccable horn solo. to mean “become governor.” The distinction is mostly technical, but it could have a bearing on whether the lieutenant governor, once governor, can appoint a successor. One other question is whether the new lieutenant possibly an individual who has never faced election would end up running the state if the new governor resigns or is incapacitated, or if the Senate president and House speaker, next in line to succeed, automatically ascend to the governor's office. And what happensto the Senate president's position if he or she becomes governor? Thestate Constitution forbids straddling of the executive, legislative and judicial branches. Worthen said the commission will look to federal language for direction in answering these and “other questions we haven't contemplated.” The state’s constitutional language was modeled on the U.S. Constitution in declaring that upon a vacancyof the presi dency, the powers and duties of the office “devolve to the vice president.” And bythe time the Utah Constitution was ratified in 1896, four vice presidents had moved into the Oval Office. Also at the federal level, vice presidents have the power to ap point a successor upon becoming president. kstewart@sitrib.com Utah government control so it has offered to show the records to Johnson, but refuses to provide him copies because of their confidential nature. WCF scheduled a meeting with auditors Sept. 17, but when Assistant Attorney General Thom Roberts and auditor's office employee Betsy Ross, also an attorney, showed up without Johnson, the deal was called off. “We did exactly what we committed to do,” said Jordan “He [Johnson] stood us up. He didn’t show up and we wer audit.” But Roberts, the state attor ney assigned to the case, dis. puted those claims. While Ross is not a certified ity that made his REVIEW and performing the limited literature for left question Symphony No. 5. The Fifth is more Romantic in sensibility than much of Prokofiev's symphonic output, but the familiar burnished colors and sardonic wit were still evident in Friday’s performance, especially in the Imperial comeback finale. Lockhart proved himself can legally operate in other States at the same time it attempts to maintain a govern ment link to preserve its IRS tax break. “We are concerned that these two arguments being proffered by WCF in two different forums will ultimately implode on each other, and [we] need to understand what information was provided to the IRS in order to feel secure that that will not happen,” wrote Johnson and Al ter. “Tt is unacceptable that WCF is attempting to ciose off this process to the state’s scrutiny.” Jordan counters that WCF perplexed “There were no auditors there, there werejust attorneys As you know, attorneys don’t @ Tickets are $16 to $47 public accountant, “she has performed audits,” Roberts said. He also countered the confidentiality claims, asserting WCF's tax records have been shared with others outside the agency, including state legisla. tors. WCF officials confirmed they showed the tax records to state Sen. Curt Bramble R Provo, who is drafting legisla. tion to privatize the fund. But they said the lawmaker signed a confidentiality agreement. |
