Child’s presence upsets Leavitt
The Daily Herald
PROVO — Prosecutors cried foul when one of Tom Green’s children was brought into the courtroom.
Juab County Attorney David Leavitt, after the jury was excused, accused the defense of trying to play to jurors’ sympathies by allowing Shirley Beagley Green to bring in her 4-year-old handicapped daughter Melanie when she was to testify in her husband’s bigamy and criminal nonsupport case.
“I believe bringing the child into the court was a cheap trick,” Leavitt said.
The court has barred children younger than 9 from sitting in on the trial, and Leavitt said Shirley Beagley Green could not sit in the witness stand while holding the child, who has severe birth defects.
But Green’s attorney, John Bucher, said it was an oversight on his part, and not an attempt to pull heartstrings. He said Melanie’s mother is one of the few people capable of caring for the child, who is about the size of a 1-year-old.
He said Shirley Beagley Green is only able to stay away from the child for 20 minutes at a time.
As a compromise, Melanie was left with her grandmother, June Johnson, in the hallway outside while Shirley Beagley Green testified. Johnson was told to send a message in through sheriff’s deputies if there was a problem.
MATH COURT — Tom Green wasn’t the only one on trial in 4th District Court Judge Guy R. Burningham’s courtroom Wednesday.
Leavitt found his arithmetic skills put to the test as he tried to explain how the admitted polygamist owed the state money for prior welfare payments.
First, Leavitt and a witness, Sgt. Ron Barton, made the miscalculation of saying the period between May 1 and Dec. 31 was nine months. He later corrected it to eight months.
Then came the long division, as Leavitt divided the total of Green’s debt to the state against how many months it took to accrue. He managed to come up with the correct answer, as verified by calculators used by the judge, attorneys and reporters.
“I got a C in high school math. I got A’s in other subjects,” Leavitt said.
NO BABY YET — Tom Green’s family still stands at 28 children.
LeeAnn Beagley Green, one of Green’s five wives, did not give birth after having premature labor pains.
Hannah Bjorkman Green, another of Green’s wives, said LeeAnn Beagley Green was with relatives, staying off her feet to keep the contractions from resuming.
She is due to deliver in four weeks.
Green said she is carrying a boy, and joked that he would get a credit on his legal bill if he names him after his attorney.
Donald W. Meyers can be reached at 344-2544 or dmeyer@heraldextra.com.
This story appeared in The Daily Herald on page A9.


