NEPHI, Juab County — A wife of Utah's most well-known polygamist sobbed in court Monday after invoking her right not to testify against her husband.
Linda Kunz-Green is one of the five women Tom Green has claimed as "spiritual wives" — and his marriage to her when she was 13 years old is the reason he is standing trial for child rape in 4th District Court.
Green's trial started Monday morning. By 11:30 a.m., state prosecutors wrapped up presenting evidence in the child-rape case. And in a surprise move, Green's attorney, John Bucher, chose not to present any evidence to refute the prosecution's case.
Judge Donald Eyre is now evaluating the case in his chambers. He is expected to rule Monday afternoon.
In the courtroom Monday morning, however, Kunz-Green, who has remained wed to Green since she became his teenage bride, buckled from pressure as Eyre excused her from the stand. The judge agreed she had a right to ask for "spousal privilege," which allows the spouse of a defendant to refuse to testify.
During a short break Monday morning in the the court proceedings, Kunz-Green said her emotional outburst came at the realization that her family was in a very dire situation.
Green, who is serving five years in prison for last summer's conviction of bigamy and criminal nonsupport charges, faces a life sentence in prison if convicted of child rape, a first-degree felony.
"We don't have a lot of defense. We made a mistake, but we didn't commit a crime," Kunz-Green said.
Kunz-Green said the couple should have waited six months to marry. If they had waited until she was 14, she said, "We wouldn't be here.
"I just want my husband to come home and be a father to my son," she said.
The couple has seven children, including 15-year-old Melvin Green, who was conceived in the first year of marriage.
Monte Stewart, a law professor at Brigham Young University who is helping Juab County Attorney David Leavitt prosecute Tom Green, introduced testimony and transcripts to prove Melvin Green was conceived when Linda Kunz-Green was 13.
Among the evidence were certified copies of Linda Kunz-Green's and Melvin Green's birth certificates.
Leavitt and Green's attorney, John Bucher, met briefly last week to discuss a possible plea deal. Talks ended in a stalemate.
During previous court hearings, Bucher admitted Green impregnated Linda Kunz-Green when she was a minor.
But Bucher argued prosecutors could not prove Tom and Kunz-Green had sex in Utah and did not have jurisdiction to prosecute Green. The marriage and subsequent consummation took place in Baja, Mexico, Green says.
In a ruling, Eyre said the prosecution lacked the evidence to prove the alleged rape took place in Utah. However, Green "conspired" to marry the 13-year-old by asking her parents for permission, Eyre said.
According to Utah's criminal code, prosecutors had to prove the alleged crime happened either "wholly or partly within Utah; or solicited or conspired, within Utah."
Green "entered into or continued a criminal conspiracy to commit rape of a child," Eyre concluded.
Last year, Bucher also fought the rape charge by saying the statute of limitations had expired.
The court, however, ruled that the marriage between Green and Kunz-Green had never been reported to law enforcement and that the state could move forward with prosecution.
E-MAIL: jeffh@desnews.com