St. George -- State authorities accused a former police officer convicted of bigamy of continuing to live with two women, which should be a parole violation.
While the state gathers information for a judge on that charge, state prosecutors argued during a parole hearing for Rodney Holm, 38, on Thursday that he should remain on probation, despite a parole officer's recommendation that Holm's probation be ended early.
Holm was convicted in August 2003 of bigamy and two counts of unlawful sexual conduct with a minor 16 or 17 years old, all third-degree felonies.
The charges against Holm stemmed from his spiritual marriage to his third wife, Ruth Stubbs. Stubbs was 16 at the time of the church-sanctioned ceremony, Holm was 32.
Holm was already legally married to one woman and had a second wife, whom he had also married in a religious ceremony.
Stubbs and Holm had three children and she left the family months before he was criminally charged.
Assistant Utah Attorney General Kristine Knowlton said during Thursday's hearing that one of the probation conditions placed on Holm is that he obey all laws.
But she said Holm is disobeying that if he continues to live with his first two wives.
Holm's attorney, Rod Parker, said the state knew about Holm's second wife before he was charged with bigamy with Stubbs, but the state did not pursue bigamy charge against him for that relationship.
Fifth District Judge G. Rand Beacham said if Holm is violating the state's bigamy law, the state should produce a report alleging such behavior, but hasn't.
Knowlton said she would request a report from Adult Probation and Parole on Holm's living arrangements. Until then, Holm was instructed he would remain on probation.
The state on Thursday also argued that Holm's probation should not be terminated early because he didn't serve enough time for his original sentence.
Holm was ordered to serve one year in the county jail with work release privileges and three years supervised probation.
Holm entered jail Oct. 13, 2003, and was released four months early on June 9, 2004, after accruing time off for good behavior.
But prosecutors said the Washington County Jail may not have correctly interpreted state law in calculating Holm's early release time and requested he be returned to jail to serve at least 30 more days.
"By my calculations, Mr. Holm should have been in Purgatory Correctional Facility until at least July 20," Utah Assistant Attorney General Paul Graf said during Holm's review hearing. "I'd like to request an accounting from the sheriff as to how much time Holm served and whether he needs to serve additional days."
Parker said his client did exactly what he was told to do and believed he served his sentence in full. Holm also performed 400 hours of community service, twice the amount ordered by the court, he said.
"If there's some error out there, it's not his fault. He's done his time, and it's not fair to send him back," Parker said.
Holm had served as a police officer in the polygamous communities of Hildale, Utah, and Colorado City, Ariz. He was decertified following his conviction, and is now employed by the City of Hildale.
Holm and his wives are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which preaches polygamy as a central tenet.