The Daily Herald

PROVO — Tom Green’s attorney is again challenging a request by the state to have the admitted polygamist take a test to determine if he is a pedophile.

John R. Bucher said he was approached by a representative of the Division of Adult Parole and Probation about having Green submit to the tests, including the use of a plethysmograph, which measures sexual arousal.

“I told the officer we would renew our objections,” Bucher said.

But Juab County Attorney David Leavitt said it would be in Green’s best interests to take the test.

“Frankly, he could get five years to life if he complies,” Leavitt said, citing the minimum sentence for child rape. But Green’s refusal to comply with the test could lead to a stiffer sentence of 10 or 15 years to life.

Green was found guilty of child rape in June for marrying Linda Kunz Green in 1986, when she was 13 and he was 37. He is scheduled to be sentenced Aug. 16. He is serving a 1- to 5-year sentence on four counts of bigamy and one count of criminal nonsupport.

The plethysmograph is a device used to determine if someone has tendencies toward abusing children, as well as to determine if therapy is working on a sex offender.

Bucher said the test is not a reliable indicator of whether someone is a pedophile. “This test is not viewed as accurate,” Bucher said.

He also said the test violates Green’s religious beliefs prohibiting pornography.

In a 2001 hearing, Green said he did not even sell adult publications in his magazine telemarketing business because they went against his religion.

The state sought to have Green go through sex offender evaluation, including the plethysmograph test, as part of the sentencing evaluation on his bigamy and criminal nonsupport convictions in 2001.

In that case, 4th District Judge Guy R. Burningham said the test was intrusive on Green’s privacy and was not warranted in a bigamy case.

But when Green was convicted of child rape in June, Leavitt said Green would have to take the test.

Bucher said it was not a mandatory requirement for convicted sex offenders to take the test.

Jack Ford, Utah Department of Corrections spokesman, said the plethysmograph is used in pre-sentencing evaluation in some cases, and is also a part of the state’s sex offender treatment program.

But Ford said the test’s effectiveness would be limited if Green or any other inmate was not a willing participant. He said a defiant prisoner is not going to respond to the test the same way as one who is cooperating with authorities.

“If he doesn’t cooperate, it’s not going to work,” Ford said. The state also requires an admission of guilt from those who are entering the therapy program.

Ford also questioned why Green, who has maintained he is not a pedophile, would refuse to take a test that could affirm his position.

“If he doesn’t have any deviant behavior, why would he have an objectionfi” Ford said.

Utah does not use pornographic pictures in its plethysmograph sessions. Ford said the test subject listens to an audio tape describing a scenario.

Bucher said Green has already been through a psychosexual evaluation by Wilfred H. Higashi, a Salt Lake City psychologist, in June 2001.

“There were no signs of any pathological thinking in Tom’s sexual orientation or behavior which would diagnose him as being a pedophile,” Higashi said. Higashi’s evaluation did not use the plethysmograph.

Green’s family has moved from its home near Trout Creek. Four of the wives live in Springville, while LeeAnn Beagley Green is living elsewhere. The women and children relocated with some assistance from Leavitt, who said he aided them in finding federal and state aid as well as private donations.

Cari Bjorkman Green, one of Green’s wives, said the move doesn’t mean they are renouncing their polygamist beliefs.

This story appeared in The Daily Herald on page A3.