While police officer Mica Barlow sits in a jail cell in Florence, Ariz., authorities in Utah are seeking to punish him for refusing to testify before a federal grand jury.
The Utah Peace Officer Standards and Training (POST) Council said Thursday that it will seek disciplinary action against Barlow. He is an officer in the Colorado City, Ariz., Town Marshal's Office but is cross-deputized to serve in Utah.
Refusing to testify before the grand jury "is exactly what the officers of Hildale and Colorado City were warned not to do," said Major Rich Townsend, the director of Utah POST. "When you're under court order to answer questions as an officer of the law, you answer questions. It's really as simple as that."
Barlow is refusing to testify before a federal grand jury in Phoenix. The grand jury is believed to be looking into the Fundamentalist LDS Church and its fugitive leader, Warren Jeffs.
Barlow, 36, was arrested in April on contempt-of-court charges after he refused to testify. James Allred, 58, the assistant postmaster for the Hildale-Colorado City post office, was also jailed for refusing to testify.
The men were subpoenaed to appear before the grand jury on April 5. When they didn't show up, the judge issued warrants for their arrest. Both men surrendered the next day and remain at a private prison that contracts with federal authorities.
The U.S. Attorney's Office in Arizona refused to comment on the case. "We're not allowed to comment about anything on the grand jury," assistant U.S. Attorney Ann Harwood said Thursday.
Police officers in Hildale and Colorado City have faced increased scrutiny from authorities about their loyalties to Jeffs. Most of the officers are members of the FLDS Church. In March, Utah and Arizona authorities sent letters to all police officers in the polygamous border towns, threatening them with decertification if they did not follow court orders.
"You are an officer of the court as well as an officer of the law," Townsend said Thursday. "Since the cloud of suspicion hangs over who they're allegiant to, whether it's Warren Jeffs or the Constitution, this flies in the face of our warning."
Townsend said Barlow could face suspension or decertification when the POST Council meets in September. This is the first time Utah has dealt with a police officer who has been jailed for contempt, Townsend added.
"It's back to that public trust thing," Townsend said. "If you're not going to answer questions, what are you hiding?"
E-mail: bwinslow@desnews.com
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