Provo man married BYU woman so she wouldn't testify against him, prosecutor says

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  • Barbara Wyly Guilford, IN
    April 25, 2013 7:40 p.m.

    If she married him under duress, would that not make the marriage void for lack of consent? Immigration is not the issue here, folks, though local culture and customs may be a factor. This is one of those cases where local customs and culture need to be replaced with obedience to God's commandments that I would assume any girl going to BYU has learned about somewhere in her life's journey. No one should suffer physical abuse in a marriage, and if a man is abusing her before the marriage, she is not going to change him into Prince Charming after the marriage. It will only get worse. This young lady is in desperate need of counseling to understand why she allows men to treat her this way and what she can do to develop healthy relationships.

  • sg newhall, CA
    April 24, 2013 4:45 p.m.

    Is he legally living here, or is he one of the 20 million who have invaded our country and living here illegally pretending to be a citizen? Deport? No. Incarcerate and put him to hard labor for 15 years; maybe then he might have second thoughts of repeating what he did. We are too soft on criminals like him.

  • John C. C. Payson, UT
    April 24, 2013 1:40 p.m.

    If there is any evidence that she accepted marriage under duress, there should be a legal way to have it annulled. Perhaps authorities could contact anyone who was involved with the marriage or who knows the couple. It's not fair to her, or to any of potential future victims, to let him get away with such a ruse.

  • Brer Rabbit Spanish Fork, UT
    April 24, 2013 10:01 a.m.

    A previous article said that Mr. Leiva was here on a student visa. This article states that he had a steady job and family in the area. A steady job means that he is also in violation of his visa. Students on visas are not permitted to work in the United States. So, is ICE involved in this? He probably won't be deported, because he could now claim, due to his sham marriage to a citizen that he should be allowed to stay. That should work because the government does very little to deport visa violators, even if they are guilty of assault.

  • anti-liar Salt Lake City, UT
    April 24, 2013 12:55 a.m.

    @John Pack Lambert of Michigan

    Other reports of the same story make it clear that in fact he is a foreign national here on a student visa (who incidentally also is working here illegally). To assume that people are being "racist" to even ask the question is out of line with the fact that immigration and visa violations are a frequent occurrence in this country and that a highly significant percentage of Hispanics are disrespectful of this nation and its laws. Again that is not a matter of race; it is a matter of culture, which ultimately is a matter of choice. It also is a matter of fact.

  • John Pack Lambert of Michigan Ypsilanti, MI
    April 23, 2013 9:02 p.m.

    The article never said that anyone involved her was other than born in the United States. To assume that people are not born in the United States based on the information provided her is both unfounded on the evidence and clearly out of line with the fact that a very large percentage of Hispanics in the US were born here.

  • Stalwart Sentinel San Jose, CA
    April 23, 2013 6:41 p.m.

    Cats: All myth.

    Delaware church – More detail please, I haven’t heard of this. I am aware of a similar situation in NJ but that church was operating under a “Green Acres” tax exemption, they violated that exemption, and now are operating under a new religious-affiliated tax exemption which allows them to discriminate in the manner they please. Sorry, you can’t violate the legal requirements of a tax break and expect to keep your exempt status.

    Catholic Charities in MA – They were receiving public funds and therefore were in violation of the state’s non-discrimination statute. They could have continued to operate as a private adoption facility under the rubric of the Catholic Church. Sorry, you can’t use taxpayer funds to discriminate.

    Washington flower shop – That’s a non-discrimination and consumer protection lawsuit. She is operating a for-profit business and therefore cannot discriminate. Think of the difference between the LDS Church, a 501c3, vs the DesNews. The LDS Church only allows tithe payers into the Temple w/out worry of a lawsuit. The for-profit DesNews cannot do that.

  • hermounts Pleasanton, CA
    April 23, 2013 5:33 p.m.

    I f the marriage is annulled (as it certainly should be) would that mean the woman could testify?

  • OnlyInUtah Cottonwood Heights, UT
    April 23, 2013 5:03 p.m.

    Although the girl is the supposed victim in this case, I still hope she gets charges with obstruction of justice (or whatever) for trying to stop the prosecutors from having a case against him. She is now guilty of a crime too.

  • a900rr St. George, UT
    April 23, 2013 4:46 p.m.

    Though one cannot compel a spouse to testify against the other, there is no law preventing the wife from testifying against her husband voluntarily.

    If there were, divorces would go drastically different than they do.....

  • Cats Somewhere in Time, UT
    April 23, 2013 4:31 p.m.

    BTW, I haven't seen anything in this article that indicates he is an illegal or that he isn't an American citizen. Honestly, just because someone has a spanish name, we can't jump to the conclusion that he/she is illegal.

  • Cats Somewhere in Time, UT
    April 23, 2013 4:25 p.m.

    The fact is, gay so-called "marriage" has already had an affect on religious freedom. In Delaware, a church which allowed everyone of any religion to use their facilities for weddings but would not allow it for a gay "marriage" or commitment ceremony, lost its state tax-free status. Catholic Charities in Massachussetts who would not allow gay couples to adopt, had to shut down or violate their religious principles. A woman in Washington who refused, based on her religion, to provide the flowers for a gay so-called "marriage" is now being sued by the State of Washington. These are just a few examples.

    You see, although gay so-called "marriage" does not effect my personal Temple marriage, it can and already has had a great effect on religious freedom. It will only get worse. That's one of the reasons it is so insidious.

    And, yes, just because we make laws that call it a "marriage" it never will be.

  • Stalwart Sentinel San Jose, CA
    April 23, 2013 4:16 p.m.

    Star Bright - I'll do with it the same thing I do with all other myths and folklore: nothing. Perhaps, one day, I'll couch it as a "scary story" and tell it to my kids around the campfire.

  • mrjj69 bountiful, UT
    April 23, 2013 4:00 p.m.

    first off, this has nothing to do with gays, so get off your soapboxes. someone mentioned there is no way to filter immigrants, but now that he has "filtered" himself, he should be deported. As far as the girl.. one word.. pathetic

  • Whoa Nellie American Fork, UT
    April 23, 2013 3:22 p.m.

    The girl needs some help and some serious self-evaluation. The guy needs a good left hook to the jaw.

  • Salamankero Farmington, UT
    April 23, 2013 2:13 p.m.

    @Stalwart Sentinel
    I'm shocked to see such tolerance from a member of the church. Totally a breath of fresh air.

    @Star Bright
    12. We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law.

    Where exactly are you getting the information that LDS ministers will be forced to marry homosexual couples? Louisa Wall (who introduced the bill) stated that it would not change the already standing law that doesn't require a minister to perform the marriage. Are you passing along gossip?

    While I can't speak for every country in the world, ever country I'm familiar with could never enact a law that would require the LDS religion to perform marriages in their temples and even if they did, you are back to AoF 12.

    And as for women (or men for that matter) standing up against being "brainwashed".... I couldn't agree more

  • The Rock Federal Way, WA
    April 23, 2013 1:55 p.m.

    That young lady needs help.
    The perpetrator needs to be held accountable.
    Using one sham marriage to protect another sham marriage is a double sham.

    Abe Lincoln used to ask a question: "If you were to call a dogs tail, a leg, how many legs would a dog have? Somebody always said; "Five" to which Abe would say; "calling a tail a leg does not make it one. A dog only has four legs."

    Calling a same sex union a marriage does not make it one any more than calling a tail a leg give a dog an extra leg.

  • So. Cal Reader San Diego, CA
    April 23, 2013 1:46 p.m.

    I'm sorry, Ms. Morgan. This level of detail is not needed in a public newspaper. You can properly describe a court hearing, court documents, without quoting such inflmatory detail. "When she refused to hand over her phone, Leiva ripped off her clothing, including her shirt and underwear, the charges state." We need to know that he "ripped" the clothing off? A sexual assault by it's nature would indicate as much. This defendant deserves any punishment rendered to him, and I hope he gets a lot. I just think the article could have been written in a more professional manner.

  • toosmartforyou Farmington, UT
    April 23, 2013 1:31 p.m.

    Pass on this guy, young lady, and let him do some hard time. In the meantime, get ahold of yourself and think through things a bit. This guy doesn't own you (wasn't it your right to date someone else???) so why do you think that marrying him is the answer? He must have threatened you. He's a poor choice of a husband and just after he goes to jail, I'd have it annulned. Then find a new life, one you deserve.

  • cjb Bountiful, UT
    April 23, 2013 11:38 a.m.

    This guy assaults a girl to the extent she wants him prosecuted, he then convinces her to marry him. He is a super salesman. If he would change his ways and fly right, no doubt he has a good future ahead of him.

  • Star Bright Salt Lake City, Ut
    April 23, 2013 10:36 a.m.

    Johnny: Ya, I agree just like the Boston bombers who we were warned about and the FBI interviewed and decided they were good kids!
    Stalwart: So what are you going to do when they go after the Church to be married in the Temple? New Zealand has approved gay marriage and the churches have been told they must marry them.
    This is not really on the topic, however.

    Was this girl "brainwashed" like the girl who married the "Boston bomber?" Isn't it about time women stood up to these abusers and yes, they both are/were abusers?
    Are you saying he was a student at BYU?

  • Johnny Triumph American Fork, UT
    April 23, 2013 9:54 a.m.

    @anti-liar - there is absolutely no way that immigration laws can filter out anyone who may later act inappropriately.

  • Stalwart Sentinel San Jose, CA
    April 23, 2013 9:53 a.m.

    Don Bugg - I don't believe that is what KJB1 is saying. The tongue-in-cheek aside, I believe KJB1 is pointing out the fact that any one single marriage does not affect another marriage. For example, the fact that this guy is apparently engaging in a sham marriage has no affect whatsoever on my relationship with my wife. It doesn't matter how flippant marriage is to someone else, it is sacred to my wife and I and that is all that matters.

    Along that same line, two loving, committed men who want to get married is totally fine by me and I applaud them for finding someone with whom they want to spend their life. It has zero affect on my Temple marriage because nothing could change how I feel about my wife, especially someone else's actions. Why do opponents of SSM give complete strangers such "control" over their personal relationships?

  • Liberal Ted Salt Lake City, UT
    April 23, 2013 9:39 a.m.

    This isn't traditional marriage. So that arguement is over.

    This is a case of an abusive boyfriend, with a girl that has been abused and either fears for her life, is brainwashed or is really dumb enough to go with this guy. That part still needs to be sorted out.

    Either way, it does raise a question if this guy is here legally or not.

  • USAlover Salt Lake City, UT
    April 23, 2013 9:36 a.m.

    I'm to tired to re-read this story and try to figure it out.

    Nothing about this story makes sense to me. Man, people are different aren't they?

  • OlderGreg USA, CA
    April 23, 2013 9:36 a.m.

    She really needs help. Even if she manages to break away from his abuse, she will just fall into another trap.

  • Don Bugg Prince Frederick, MD
    April 23, 2013 8:58 a.m.

    KJB1 seems to be saying that since there are already people who threaten all that is good about marriage by engaging in sham marriages, there is nothing sacred to protect. That's not true. There is sanctity in marriage, and it does need to be defended--especially from shams like this one.

  • JimInSLC Salt Lake City, UT
    April 23, 2013 8:55 a.m.

    I generally do not approve of parents/in-laws meddling in the marriage of their children. However, in this case someone needs to talk some sense into this young woman. Thinking about it, somewhere this young woman has learned to accept, tolerate, or maybe even enable an abuser. The cycle of abuse continues until someone becomes strong enough to break it.

    To the young woman: you are are a daughter of God, you deserve to be treated accordingly.
    To the young man: You are a son of God, do what is right.

  • Cats Somewhere in Time, UT
    April 23, 2013 8:51 a.m.

    Will you stop with the gay thing. It's completely irrelevant.

  • anti-liar Salt Lake City, UT
    April 23, 2013 8:49 a.m.

    This goes to show that in this country, visas, student visas, and citizenship are handed out far, far too frequently, easily and indiscriminately to persons who in one way or another disrespect this nation and its customs and thus should never be allowed on U.S. soil. Yes he is here on a student visa, according to another article.

    According to his defense attorney, he has "a supportive family in the area and a steady job" -- meaning, he also has been working here illegally, since persons here on student visas are not allowed to work here and take an American's job in the process.

    Fortunately the victim survived defense counsel's numerous, shameless efforts to counter law enforcement's efforts to protect this woman's safety.

  • sally Kearns, UT
    April 23, 2013 8:22 a.m.

    If they are now married, I guess they will now need new housing. The new husband will not be allowed to live in approved BYU housing with a bunch of other girls. Hopefully, this girl will understand what abuse is before she starts cranking out babies.

  • Star Bright Salt Lake City, Ut
    April 23, 2013 7:56 a.m.

    Did I miss where he's from? I wonder who married them? Where were they married?

  • george of the jungle goshen, UT
    April 23, 2013 7:27 a.m.

    Life is the most important thing. I try to look in the crystal ball and see what the future will be. All i see in this case is a lot of pain. for her and children. The gay thing that KJB1 brought up, I see no future, no life after life to keep live alive.

  • isrred South Jordan, UT
    April 23, 2013 7:14 a.m.

    Hurray for "traditional marriage"!

  • hamaca Baton Rouge, LA
    April 23, 2013 6:36 a.m.

    Stand-up guy. I wonder whether she agreed to marry him because she's actually on his side or because he threatened her with something worse than what she's already experienced.

  • KJB1 Eugene, OR
    April 23, 2013 12:00 a.m.

    Meanwhile, a committed gay couple who wants to legalize their union is a threat to the "sanctity of marriage."

    What sanctity?