ST. GEORGE — The state's case against a polygamous couple fizzled in court Wednesday when the star witness was a no-show and a judge dismissed all charges against the man's wife.
Fifth District Judge G. Rand Beacham dismissed the two third-degree felony charges filed against Suzie Holm, 36, of Hildale, Utah, located about 45 miles east of St. George. She had been charged with one count each of aiding and abetting her husband, Rodney Holm, with unlawful sexual conduct with a minor 16 or 17 years old and bigamy, also a third-degree felony.
In dismissing the charges, Beacham said prosecutors failed to meet the level of probable cause needed to bind Suzie Holm over for trial.
"I don't see any evidence that either directly or infers that Suzie Holm is criminally responsible for the conduct of Mr. Holm," Beacham said after a 15-minute recess, during which he reviewed evidence submitted by Utah assistant attorney general Kristine Knowlton.
The alleged victim in the case, Ruth M. Stubbs, now 20, was not in the courtroom, and prosecutors said they do not know where she is, despite the efforts of nine agents who twice tried to serve Stubbs with a subpoena. Beacham also dismissed one of three counts of unlawful sexual conduct with a minor 16 or 17 years old filed against Rodney Holm, 36. The judge then bound Holm over for trial on the two remaining unlawful sexual conduct counts and bigamy.
Holm pleaded not guilty to the third-degree felony charges that are punishable by zero to five years in prison and a $5,000 fine. Rodney Holm, a certified police officer in Utah and Arizona, is on paid administrative leave from his job in Colorado City, Ariz., a sister town to Hildale. An open date for the weeklong trial likely won't be available until March or April, the judge added. A visibly pleased Suzie Holm said she was happy with the ruling. "I did not come here to fight. I came here to defend myself and to protect my children," said Suzie, who has 11 children with Rodney Holm. The charges stem from a state investigation that began after Stubbs, sister to Suzie Holm, aired details of her spiritual marriage to Rodney Holm during a child custody battle earlier this year. That case has since been settled, attorneys say, although court documents have not yet been filed.
Rodney Holm and Stubbs participated in a "religious sealing" ceremony conducted by officials of the Fundamentalist Church of Jesus Christ of Latter Day Saints, when she was 16 and he was 32, making her his third wife. He was married in a civil ceremony to Suzie in 1986 and in a religious ceremony to Wendy Holm in 1994. FLDS teachings include polygamy as a central doctrine, and most women are married by the time they are 25 years old, according to church leaders. Most of the 10,000 FLDS members live in the twin border towns of Hildale and Colorado City, while the rest live in a Canadian town across the Idaho state line.
Rulon Jeffs, the late prophet of the FLDS church, told Rodney that Ruth was "meant for him," testified another of Suzie and Ruth's sisters, Pennie Petersen. "I was upset (about the union). She (Ruth) was so young," said Petersen, who grew up in Colorado City but left the community and FLDS church while still a teen. "I asked Suzie not to do it. I knew she'd been opposed to another underage marriage, so I asked her why she would go there. She was crying and said Ruth wanted to do this and she needed to do it. She said she had to do it and we wouldn't understand her side."
Three children were born to Ruth, two of them by the time she was was 18. It is a crime for someone 10 years older than a 16- or 17-year-old to have sexual relations with that person unless they are legally married. Rodney Holm, who is father to 21 children, is listed as the father of Ruth Stubbs' children on their birth certificates, attorneys for both sides agreed.
Ron Barton, an investigator for the Utah Attorney General's Office, testified his primary duty is to investigate crimes that victimize people in closed societies.
"Many people in that polygamy subculture are being victimized without the ability to contact law enforcement," Barton said. And yet, asked defense attorney Max Wheeler, where is the alleged victim in this case?
"You were put on notice earlier that Ruth would be reluctant to cooperate, but you never tried to get a legitimate subpoena issued from Arizona. You recognize a Utah subpoena is not enforceable in Arizona," said Wheeler.
"I have not talked to Ruth Stubbs for a number of months. I don't know where she is today," said Barton, adding he has kept in contact with Stubbs' attorney, William Walker. Walker testified his client recently called him to say she would not voluntarily agree to appear at the hearing on behalf of anyone. "Originally Ruth Stubbs was ready, willing and able to testify against Rodney and Suzie," Walker said. Wheeler asked if Stubbs had been told that by pursuing criminal charges against Rodney and Suzie Holm that it would help her get custody of her children.
"I told her there might be some advantages and some disadvantages," said Walker. Ruth Stubbs left the Holm household with her children in December 2001 and was taken to Petersen's Phoenix home by her mother, who had left the FLDS church many years ago, Petersen testified. "Shortly after Ruth arrived, you took her to a local reporter in Phoenix, said Wheeler.
"Why? To get help for her custody battle. To help her case, her side," said Petersen, who also lined her sister up with Walker, who now represents both sisters on a pro bono status.
Walker said although Stubbs has called him, she refuses to give him her address and he has no way of contacting her. Nevertheless, said Walker after court adjourned, he continues to=20 represent Stubbs and wants to help her.
"I have a real belief in this case," said Walker. "I believe these polygamist communities subjugate women and children for a substantial period of time. Hopefully at some time in the future this community will cease to exist."
Defense attorney Rod Parker said the couple continues to receive a great degree of support from not only family members but the local law-enforcement community as well.
E-MAIL: nperkins@infowest.com