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Bigamy (Schiavo)
State of Utah via Polygamy info ^ | State of Utah

Posted on 03/22/2005 10:56:21 AM PST by tallhappy

Four counts of bigamy against Thomas Green were as follows:

Count II: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Shirley Beagley Green.

Count III: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Leeann Beagley Green.

Count IV: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Cari Bjorkman Green.

Count V: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Hannah Bjorkman Green.


TOPICS:
KEYWORDS: bigamy; schiavo; terri; terrischiavo
Michael Schiavo legally married Terri Schiavo (nee Schindler), he has not divorced her, claims Terri Schiavo as his wife he therefore knows he has a wife and is cohabitating with another person. He has fathered children with her.

Seems to meet the criteria for criminal bigamy.

1 posted on 03/22/2005 10:56:21 AM PST by tallhappy
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To: tallhappy

UT has stricter bigamy statutes than most states because of the historical situation in that state.


2 posted on 03/22/2005 10:57:29 AM PST by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: wideawake
UT has stricter bigamy statutes than most states because of the historical situation in that state.

I knew that'd be the comment.

What's Florida's?

Still, that is not the point.

3 posted on 03/22/2005 10:58:46 AM PST by tallhappy (Juntos Podemos!)
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To: wideawake

Hasn't he been with this woman long enough to be considered common law marriage?


4 posted on 03/22/2005 10:59:07 AM PST by Beowulf9
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To: tallhappy

Bigamy is defined by state law. You would need to look at the Florida, not the Utah, statute.


5 posted on 03/22/2005 10:59:18 AM PST by PAR35
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To: Beowulf9
Certain states do not recognize common law marriage - NY for instance.
6 posted on 03/22/2005 11:00:29 AM PST by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: PAR35
Bigamy is defined by state law. You would need to look at the Florida, not the Utah, statute.

You miss the point.

7 posted on 03/22/2005 11:01:00 AM PST by tallhappy (Juntos Podemos!)
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To: Beowulf9

There is no legally recognized common law marriage in Florida.


8 posted on 03/22/2005 11:02:29 AM PST by mlc9852
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To: wideawake

And Florida.


9 posted on 03/22/2005 11:03:17 AM PST by Howlin
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To: Beowulf9

Schiavo can't be married to two women at once.

Since his marriage to Terri is still valid, he has no marriage with the Centonze trollop, common-law or otherwise.

He has an adulterous relationship with her, but a marriage it ain't.


10 posted on 03/22/2005 11:04:42 AM PST by Xenalyte (Subtle innuendoes follow . . . must be something inside.)
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To: tallhappy
Then tell us, WHY the Schindlers have not taken a shot at a BIGAMY charge?

Because it WON'T HOLD WATER!

11 posted on 03/22/2005 11:06:13 AM PST by the Deejay (I'LL RESPECT YOUR OPINION....IF YOU'LL RESPECT MINE.....)
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To: tallhappy

Nope, here it is:

826.01 Bigamy; punishment.--Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0826/SEC01.HTM&Title=-%3E2004-%3ECh0826-%3ESection%2001#0826.01

Try this one:
798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

Or this one:

798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


12 posted on 03/22/2005 11:08:32 AM PST by PAR35
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To: tallhappy
You miss the point.

No, you have. You can't use the Utah definition in Florida. They are different states. I've posted the Florida statutes for your reading pleasure.

13 posted on 03/22/2005 11:11:31 AM PST by PAR35
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To: tallhappy

Pamela A.M. Campbell  was the attorney that lost the Terri Schiavo trial.

Although she no longer works as a lobbyist, she remains active in politics. She is a member of the Suncoast Tiger Bay Club and a former board member for the organization. "One of our greatest rights as Americans is our responsibility to speak out and participate," she says."I have two times every year when I make an evaluation of my life and decide what I should do differently," she says. "Those days are July 15, my birthday, and New Year's Eve.http://www.stpetebar.com/index_frame.htm?http://www.stpetebar.com/v3_giv_campbell.htm

 


14 posted on 03/22/2005 11:12:32 AM PST by watchdog_writer
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To: PAR35
798.01

Looks like Judge Greer is ignoring this little detail in his continuation of Schiavo's guardianship. Doesn't matter if it seems "quaint", to use a Gonzales-ism. He's gone down the rigid line of using the law whenever it means she dies.

Interesting that he isn't so hardline when it comes to this rather material, criminal behavior on Big Mike's part.

Come to think of it, why couldn't the governor (or anyone else, for that matter) sign a complaint against Mikey right now for? The idea that a guy being walked away in handcuffs is a legitimate "guardian" for the arguable victim of this crime would seem rather strange. Which is, of course, the point.

15 posted on 03/22/2005 11:17:03 AM PST by Regulator
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To: the Deejay

LOL!


16 posted on 03/22/2005 11:18:11 AM PST by BigSkyFreeper (You have a //cuckoo// God given right //Yeeeahrgh!!// to be an //Hello?// atheist)
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To: the Deejay
Because it WON'T HOLD WATER!

My point is not that he be charged with bigamy.

It is to put in context the so-called relationship of him as husband.

Given our now lax society, concepts such as bigamy no longer are considered issues of importance. The point, though, is that under the long held traditional understanding of bigamy or aduluery he is acting in such a manner.

He has no moral right to make any decisions for her.

In court he has won but that does not mean he is right.

The Utah case illustrates this. He is doing the same thing another can be jailed for bigamy.

17 posted on 03/22/2005 11:19:13 AM PST by tallhappy (Juntos Podemos!)
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To: watchdog_writer

What's your point about Campbell?


18 posted on 03/22/2005 11:19:32 AM PST by Regulator
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To: tallhappy
Seems to meet the criteria for criminal bigamy.

In spirit, but not in the letter of the law. The law is a complex and tricky thing and strains common sense all the time. Americans have a distrust of the law and view those who mine the law for personal or political benefit with disdain.

19 posted on 03/22/2005 11:20:33 AM PST by RightWhale (Please correct if cosmic balance requires.)
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To: PAR35
I don't miss point because my point is not that he be charged with bigamy in Florida. My point relates to moral issues surrounding the case relating to his standing as "husband".
20 posted on 03/22/2005 11:22:17 AM PST by tallhappy (Juntos Podemos!)
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To: tallhappy

But is Utah's law the national law or the exception? Keep in mind that bigamy/polygamy is a unique problem in Utah due to its Mormon heritage, so they have to be extra vigilant.


21 posted on 03/22/2005 11:24:44 AM PST by LWalk18
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To: Regulator; watchdog_writer
What's your point about Campbell?

If I'm not mistaken that would be that Campbell blew it.

Like the OJ prosecutors. They blew it.

My guess, though, is the deck was stacked against her by the judge.

22 posted on 03/22/2005 11:24:54 AM PST by tallhappy (Juntos Podemos!)
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To: tallhappy

He is her husband until there is divorce or death. There is no such thing as a "common law divorce".


23 posted on 03/22/2005 11:27:11 AM PST by LWalk18
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To: LWalk18
But is Utah's law the national law or the exception? Keep in mind that bigamy/polygamy is a unique problem in Utah due to its Mormon heritage, so they have to be extra vigilant.

Yes.

The point being what he's doing is equivalent to recognized bigamy. It points out his major conflict of interest in acting as her guardian.

24 posted on 03/22/2005 11:27:46 AM PST by tallhappy (Juntos Podemos!)
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To: tallhappy

Sure looks like bigamy to me, too! Are there varying degrees of bigamy. Like being a little bit pregnant? Either it is bigamy or it isn't. Perhaps the court should rule to let us know.


25 posted on 03/22/2005 11:32:27 AM PST by Netizen (jmo)
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To: Xenalyte
Since his marriage to Terri is still valid, he has no marriage with the Centonze trollop, common-law or otherwise.

That's why he is trying so hard to have his wife murdered by the state.

26 posted on 03/22/2005 11:34:05 AM PST by Netizen (jmo)
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To: PAR35
Try this one: 798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

So he IS guilty of a misdemeanor. What do those numbers mean regarding the type of punishment?

27 posted on 03/22/2005 11:36:39 AM PST by Netizen (jmo)
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To: Regulator

How about a citizen's arrest for committing a misdemeanor?


28 posted on 03/22/2005 11:37:57 AM PST by Netizen (jmo)
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To: LWalk18
He is her husband until there is divorce or death. There is no such thing as a "common law divorce".

How can Terri Schiavo file for divorce?

29 posted on 03/22/2005 11:38:48 AM PST by tallhappy (Juntos Podemos!)
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To: tallhappy

Did you read the "husband's" comments about divorce? I find it laughable and appalling. Says he made a committment to Terri so he believes the marriage should be until one partner dies. If he truly had any credibility then he would NOT have begun a relationship with a new woman.

I have no problem with him finding this other woman but for the love of God then, let Terri live and let her parents take care of her.


30 posted on 03/22/2005 11:47:39 AM PST by TNCMAXQ
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To: Netizen
How about a citizen's arrest for committing a misdemeanor?

Probably completely legitimate. Would be big scuffle, lots of fur flying.

The real question is...if the judge knows about his situation, why didn't he immediately do that? Or at least say, "until you get this cleared up, you aren't the guardian". As TallHappy pointed out, the conflict of interest is clear. Even criminal.

Greer yaps about "the law". Okey doke, Judge. So what about it? When you gonna stop selectively applying it?

31 posted on 03/22/2005 11:49:48 AM PST by Regulator
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To: Netizen
How about a citizen's arrest for committing a misdemeanor?

You'd have to check the threshhold for citizen's arrest in Florida. I know that in Arizona (I researched it regarding illegal immigration matters), you must witness a felony in progress, except for a couple of unrelated misdemeanors (riot). So in Arizona, you would face charges of illegally detaining someone if you tried to perform a citizens arrest for misdemeanor adultery.

32 posted on 03/22/2005 11:52:27 AM PST by dirtboy (Drooling moron since 1998...)
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To: tallhappy

I do taxes for a nationwide firm. I'd be interested to see just who Michael claims on his 1040. The "wife" and kiddies, if claimed, might negate his marital responsibilites to/for Terri.


33 posted on 03/22/2005 11:55:02 AM PST by Young Werther
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To: Young Werther
I'd be interested to see just who Michael claims on his 1040. The "wife" and kiddies, if claimed, might negate his marital responsibilites to/for Terri

Now there's a good one. Federal tax evasion, maybe..?

34 posted on 03/22/2005 12:26:21 PM PST by Regulator
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To: Netizen

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0775/titl0775.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20775


35 posted on 03/22/2005 12:34:45 PM PST by PAR35
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To: tallhappy
If I'm not mistaken that would be that Campbell blew it.

Exactly. Once the case has been tried and the judge renders a decision it is practically impossible to win an appeal that the judge erred in judging the credibility of the witnesses. You sound like a person who if I told it was raining out, I wouldn't have to advise you to bring an umbrella.

36 posted on 03/22/2005 5:50:05 PM PST by watchdog_writer
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