Arizona judge refuses dismissal in trespassing case

SALT LAKE CITY — An Arizona judge has refused to dismiss trespassing charges filed against the court-appointed accountant managing a southern Utah polygamous sect's communal land trust.

A trial for Bruce R. Wisan is now set for Dec. 16 in the Moccasin Consolidated Court, The Salt Lake Tribune reports.

In June 2009, Wisan entered pleas of not guilty to six misdemeanor counts of solicitation, facilitation and criminal trespassing. The charges stem from allegations that Wisan encouraged a trust employee to enter homes in Colorado City, Ariz., without permission from residents.

Wisan manages the United Effort Plan Trust, which holds nearly all the property in Hildale, Utah, and Colorado City, Ariz. The towns are home to most members of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

The Utah courts took control of the trust in 2005 after allegations of mismanagement by FLDS leaders.

FLDS members view state intervention in the trust as an attack on their religion and have largely ignored Wisan's authority. The FLDS consider communal living a religious principle.

Wisan has argued he is innocent of the Arizona charges because he had a "claim of rights" over all property in the trust. If he is convicted on the Class 1 misdemeanor counts, Wisan could be sentenced to terms of up to six months in jail for each charge.

In March 2009, a judge convicted Wisan employee Issac Wyler, a former FLDS member, on two counts trespassing. A jail term was suspended and Wyler is serving two years probation.

A second trust employee, Jethro Barlow, is charged with four counts of facilitation and criminal trespassing. He is also accused of encouraging Wyler. Barlow is also a former church member.