An Idaho Falls man who admitted faking his own kidnapping in October to avoid going to prison has failed in an attempt to be released on his own recognizance.

David Floyd Holm, 27, told 7th District Judge Larry Boyle on Monday that until he is transferred to the state penitentiary, he should be released to help support his common-law wife, who is pregnant and unable to work.But Bonneville County prosecutor Kimball Mason called the idea "extremely unadvisable," since both Boyle and Judge H. Reynold George had sentenced Holm to prison for forgery, burglary and violating probation.

Mason also said Boyle may not have jurisdiction to allow such a release because Holm is in the custody of the state Board of Corrections. He is being held in the Bonneville County Jail until a vacancy opens in the state prison system.

"I just can't find Mr. Holm to be trustworthy," Boyle said Monday. "I believe it's time for Mr. Holm to grow up and accept the judgment of this court."

Holm had contended he should not be sent to prison because his life would be in danger for testifying against condemned multiple murderer Paul Ezra Rhoades in Bingham County last winter.