PROVO — The attorney for convicted bigamist Tom Green pleaded for mercy from a 4th District judge Friday, saying that the outspoken polygamist is a "simple family man who doesn't hurt anybody."
Defense attorney John Bucher asked Judge Guy Burningham to consider the ramifications on Green's family if he is sent to prison for his conviction of four felony counts of bigamy and one felony count of criminal nonsupport. He faces a $25,000 fine and up to five years in prison for each count.
"He must stay with his children and wives," Bucher said. "What would they have him do? Abandon his children and wives?"
Bucher also asked for a continuance of the sentencing hearing, but was persuaded by Birmingham to rescind the request.
That's because the judge said if he granted a continuance, he would order Green, a convicted felon, be taken into custody.
Bucher said he questions the validity of a pre-sentencing report, which was given to the judge as an advisement. The attorney said the report was "one of the most subjective" he's ever seen and he had identified several errors in the short time he'd had the report. He says he's had the report for less than three working days.
Juab County Attorney David Leavitt agreed there were errors in the report — but only the part about the some $65,000 in state welfare assistance that was obtained by the Green family. Leavitt said the amount in the report is lower than the actual figure.
As of press time Friday, Bucher continued to argue that Green should not go to prison. Sentencing was not expected until after the Deseret News publishes for afternoon delivery.
Green's has seen the inside of a court room a lot this week.
He was in a Juab County court Thursday to defend himself on a child-rape charge. Green claims the four-year statute of limitations has expired and he cannot be tried for the alleged crime.
On Thursday, Leavitt attempted to discredit the testimony of rancher Jay Slaugh, who claims he reported Green's marriage to 13-year-old Linda Kunz in 1986. Slaugh's testimony is key to the defense in proving the statute of limitations has run out and that the first-degree felony rape charge should be dropped.
Utah law allows for the prosecution of such a case if the incident was never reported to authorities.
But Leavitt says he found no proof that such a report was ever made. One by one, Leavitt called to the stand each deputy that worked for Uintah County during 1986. They all said they did not remember such a report from Slaugh.
Burningham said he would take Thursday's testimonies under advisement and asked both the prosecution and defense to submit their final arguments in writing. A hearing for oral arguments has been set for December.
Green met with close friends and family for a prayer vigil before Friday's sentencing. "We are just all very sad that we live in a society where a man can be sent to prison for being a father," he said before he entered the court room to hear his sentence.
E-MAIL: gfattah@desnews.com ; haddoc@desnews.com