ST. GEORGE — Former police officer Rodney Holm, convicted in August of bigamy and unlawful sex with a minor 16 or 17 years old, won't know for several days if his jail sentence is stayed pending an appeal.

Fifth District Court Judge G. Rand Beacham said he would file a written decision on the request to release Holm sometime next week.

Holm was sentenced to spend one year in the county jail with work release, to undergo a psychosexual evaluation, to obey all laws and to spend 200 hours in community service.

"I'm going to do that (file a written decision) for a couple of important reasons," Beacham said. "First, too many news media accounts of this case have been incomplete, inaccurate and misleading. Second, a written decision is better understood."

Holm's attorney, Rod Parker, argued during Thursday's hearing that Holm should be released from jail because his case offers substantial constitutional reasons for an appeal.

"In this country, people are entitled to their liberty until their case is heard," said Parker. "Mr. Holm's legal arguments were not addressed and need to be heard."

One of the top issues, said Parker, involves a recent Supreme Court decision that overturned a Texas sodomy law.

"The Lawrence case places Utah's bigamy law into question," said Parker, who has already filed an appeal with the Utah Court of Appeals.

Utah Assistant Attorney General Kristine Knowlton said the Lawrence case simply doesn't apply to the Holm case.

"This is a different state, different statute," she said, pointing out that case dealt with consenting adults and not a minor.

Holm, who resides in Hilldale, Washington County, is a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Most residents of Colorado City, Ariz., and Hilldale belong to the FLDS church and practice polygamy.

Holm's conviction stems from his relationship with his third wife, Ruth Stubbs, whom he married in a religious FLDS ceremony when she was 16 and he was 32. Utah law makes it a crime for someone 10 years older than a 16- or 17-year-old to have sex with that person unless they are legally married.

Stubbs was pregnant with Holm's third child when she left the family and sought custody of her two children. Holm remains legally married to Stubbs' older sister, Suzie, and has a second wife, Wendy. Between the three women, Holm has 23 children.

Parker also argued that state prosecutors failed to provide evidence that the crime (the conception of two children with Stubbs) occurred in Utah.

A psychosexual evaluation won't be ordered for Holm, said Beacham, until his sentence has been served.

---

E-MAIL: nperkins@infowest.com