Rena Chynoweth deliberately murdered Rulon Allred, gunning him down at the command of her husband.
Until now, only Chynoweth's own words in her book "Blood Covenant" convicted her of the murder.But Tuesday, a federal judge issued a ruling stating that - as a matter of law, Chynoweth did - indeed, murder Allred.
"Chynoweth admits that she shot Dr. Allred with the intent of killing him," wrote U.S. District Judge Aldon J. Anderson. "Dr. Allred undisputedly died as a direct result of the gunshot wounds inflicted by Chynoweth."
Anderson's ruling hands a hefty victory to the family of the slain polygamist leader.
Because Anderson has concluded that Chynoweth murdered Allred, "we are now going to trial only to determine damages," said Jim McConkie, attorney for the Allred family.
"I think it means we are likely to win at trial," McConkie said. If the judge has already decided that Chynoweth is liable for Allred's murder, the jury is likely to award damages to the Allred family.
Several Allred family members sued Chynoweth for the wrongful death of Allred after she admitted to the murder in her 1990 book.
Chynoweth has attempted to fend off the suit by saying the statute of limitations for the wrongful death claim had run out and the family unconscionably delayed in bringing its suit against her. Chynoweth murdered Allred in 1977. Utah has a two-year statute of limitations on wrongful death claims.
However, Anderson once again tolled the statute of limitations in his ruling Tuesday. A jury acquitted Chynoweth of Allred's death after she lied on the stand, he noted.
Because of the acquittal and Chynoweth's attempt to hide her crime for 13 years, the two-year statute of limitations did not apply.
"It is great to see justice being done," McConkie said. "A number of law firms felt like you couldn't win this kind of case because of the problem with the statute of limitations. But the court supported the proposition that these polygamists have been wronged."
"I haven't seen the ruling. I would need to see the entire decision before I could respond," said L.G. Cutler, attorney for Chynoweth.