|Convicted Bigamist Won't Serve More Time|
By Debbie Hummel|
The Associated Press
SALT LAKE CITY (AP) -- A former police officer convicted of bigamy won't have to return to jail to serve out a term prosecutors claimed ended too early, a judge ruled Thursday.
Rodney Holm, 38, was convicted in August 2003 of bigamy and two counts of unlawful sexual conduct with a minor 16 or 17 years old, all third-degree felonies.
He was ordered to serve one year in the county jail with work release privileges and three years of supervised probation.
Holm entered jail Oct. 13, 2003, and was released June 9, 2004, after accruing time off for good behavior. State prosecutors argued in a February parole hearing that the Washington County Jail may not have correctly interpreted state law in calculating Holm's early release time and requested he be returned to jail to serve at least 30 more days.
During a review hearing by telephone Thursday, 5th District Judge G. Rand Beacham in St. George ruled that Holm did not have 30 days remaining, according to Attorney General's office spokesman Paul Murphy.
Beacham said the way the jail kept track of time served had changed, which accounted for the difference, Murphy said.
The only way Holm would have to return to jail is if he violated parole, which the state has claimed Holm continues to do by living with two women.
Assistant Utah Attorney General Kristine Knowlton has previously argued that Holm is currently violating probation by continuing to defying Utah's law against bigamy. Knowlton says Holm continues to live with his first two wives.
The judge didn't address that part of the state's claim during Thursday hearing, and neither side raised the issue, Murphy said.
A call made by The Associated Press to Holm's attorney Rod Parker was not immediately returned.
The bigamy charge against Holm stemmed from his spiritual marriage to his third wife, Ruth Stubbs. Stubbs was 16 at the time of the church-sanctioned ceremony, Holm was 32.
Holm was already legally married to one woman and had a second wife, whom he had also married in a religious ceremony. Stubbs and Holm had three children and she left the family months before he was criminally charged.
Holm had served as a police officer in the twin polygamous communities of Hildale, Utah, and Colorado City, Ariz. He was decertified following his conviction, and is now employed by the City of Hildale.
Holm and his wives are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which preaches polygamy as a central tenet.
Originally broadcast May 19, 2005
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