PROVO — After Tom Green was given a five-year prison sentence Friday, Juab County Attorney David Leavitt warned the avowed polygamist that if he returned to live with his wives in Juab County, he would be prosecuted again.
Friday's sentence in 4th District Court immediately affected five women and 28 children from the polygamous family in Juab's remote west desert. Green has two adult children from a previous marriage. Yet all of Green's wives pledged to wait faithfully for his return.
"We'll function as a matriarchal family until our patriarch comes back," said wife Linda Kunz Green. "It's going to be a tremendous challenge, but I guess we don't have a choice."
After three hours of testimony in a Provo court room, Utah's most outspoken polygamist was sentenced Friday to five terms in prison, which will be served concurrently. He also was ordered by Judge Guy Burningham to pay $78,000 in restitution to the state for welfare assistance his family fraudulently collected.
Green embraced and kissed his five wives and some of his children before he was taken into custody. He was immediately transferred to a state prison facility.
Outside of court, Leavitt said Green and his family must conform to Utah's laws. "If I were them, I'd move," he said.
Green's family might take Leavitt's advice.
Several wives have mentioned the family may move elsewhere. Wife Shirley Beagley said Friday — after her husband was sent to prison — that she wasn't sure Utah could ever again be considered home.
Mel Green, 14, the oldest child living in the Green compound of trailers, said he must assume responsibility for the physical duties of maintenance and repair of cars and other equipment.
"It's not a big thing because we know how to work. We'll do what we have to do," he said. "I know God will help me take this in stride."
Mel Green said he was relieved his father was spared a sentence of 25 years in prison. "I can forgive Mr. Leavitt," he said, "but I don't agree with what he's done."
Leavitt was unapologetic. "I'm confident I've made no friends of Green's wives or Green's children," the prosecutor said.
But he issued a warning: Green would not be able to cohabitate with his wives or even publicly characterize the women as his wives other than Kunz, to whom the court has said Green is legally married.
If he does, Leavitt said, he'll be breaking the same bigamy law of which he was convicted in May during a jury trial.
Green said Friday he makes no apology for his religious beliefs, which includes the practice of plural marriage.
"I'm not ashamed of making these children," Green said. "I'm not ashamed of my relationship with these women."
In an emotional speech before Judge Guy Burningham, in which he directed terse comments toward Leavitt, Green said he is sorry he turned to the state for public assistance.
In total, Leavitt estimated the Green family has received some $647,263 in state welfare assistance.
Much of that was given by the state for free — but prosecutors say Green owes the state about $64,000 in child support.
In court, Green's attorney, John Bucher, presented the court with a cashier's check for $20,000. The money is for Green's child support.
Green's family declines to say where the money came from. Green said he has recently received financial help from other polygamist families.
Green also argued that Utah was created by those who sought religious freedom — and pointed out that Burningham, who is related to Green's deceased first wife, Linda Penman, is the descendant of a Scottish immigrant who was a polygamous wife.
All five of Green's wives pleaded for leniency in court.
"The biggest sin is to take him away from his wives and children," Hannah Bjorkman said through tears. "This man is a good man, he is a good father."
But Leavitt characterized Green as "a man who will lie and cheat to benefit himself." Leavitt alleged Green lied to acquire marriages and divorces for all of his wives in an effort to skirt Utah's marriage laws.
Leavitt also accused Green of shirking his responsibility to support his family and turning to taxpayers for support.
"Year after year after year, society has bailed him out."
For the first time, Leavitt, the brother of Utah Gov. Mike Leavitt, spoke about his family's polygamous heritage.
"I suppose the ultimate irony is that a man who descends from polygamy would be the prosecutor in this case," Leavitt said. "My genealogy isn't at issue."
Leavitt recommended that Green be sent to prison for two concurrent terms of up to five years in prison.
Burningham said "the freedom to hold religious beliefs and opinions is absolute," quoting a 1961 Supreme Court decision.
"However, the freedom to act, even when the action is in accord with one's religious convictions, is not totally free from legislative restrictions" — especially when it violates social duties and undermines peace and order, he said.
Tolerance of religious belief is guaranteed in Utah's Constitution, Burningham said, "but polygamous or plural marriages are forever prohibited."
Historians say the ban on polygamy in Utah helped pave the way for Utah to become a state in 1896. Plural marriage was practiced by early settlers of the territory, mostly members of The Church of Jesus Christ of Latter-day Saints. The church renounced the practice in 1890.
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