Cranbrook, British Columbia • A historian who researches so-called Mormon fundamentalists returned to the witness stand Wednesday and answered questions about how others regard plural marriages.
Brian Hales, an anesthesiologist from Utah's Davis County who has written three books on Mormon fundamentalism, testified that while polygamists view plural marriages as ordained by God, 19th-century American lawmakers regarded the practice as barbarous.
"They viewed [polygamy] as adultery — biblical adultery," Hales testified.
Hales took the witness stand Tuesday as the first witness in the first polygamy trial for these fundamentalists in Canada. Winston Blackmore and James Oler, both former bishops in the Fundamentalist Church of Jesus Christ of Latter-Day Saints, are each charged with one count of polygamy and face up to five years in prison, if convicted.
To obtain convictions, prosecutors must show there were marriages and conjugal relationships. Much of Hales' testimony Tuesday and Wednesday discussed how Mormons of all varieties do not refer to each other as husband and wife casually — they participate in ceremonies to solemnize the marriage.
During cross-examination, Blackmore's attorney, Blair Suffredine, asked Hales how plural marriage has been regarded by politicians and is currently viewed by Salt Lake City-based Church of Jesus Christ of Latter-day Saints, often called the "LDS Church" or the "Mainstream Mormon church." It officially abandoned polygamy in 1890 and excommunicates members found practicing it.
Hales said the LDS Church regards plural marriages as adulterous. If a polygamist husband wanted to join the faith, Hales said, he would have to agree to not live with his plural wives. The husband could continue supporting any children from those marriages and could maintain a congenial relationship, however.
"So in today's parlance, they could be friends but not friends with benefits?" Suffredine asked.
"In today's parlance, yes," Hales replied.
The cross-examination was the first hint at how Suffredine will defend Blackmore.
Suffredine challenged the evidence again later in the day.
Texas Ranger Nick Hanna took the witness stand for the prosecution. He testified about the 2008 raid at the Yearning For Zion Ranch in Eldorado, Texas, where rangers seized thousands of documents from the ranch during an investigation of the FLDS.
That included marriage records. Hanna validated records memorializing 20 of Blackmore's marriages, the ceremonies stretching from 1990 to 2001.
Hanna also validated records of five marriages for Oler — one more than listed in his indictment. Those ceremonies stretched from 1983 to 2004.
Under cross-examination, Suffredine raised questions about the accuracy of the records. He noted some of the marriage records had fax headers with dates between those of the suspected marriages and when rangers seized them.
"So the records that were seized in Texas were not original records?"
"I don't know," Hanna said.
Hanna also testified that he doesn't remember finding a record for Blackmore's first marriage, believed to have occurred in 1978. Oler is representing himself, though Judge Sheri Ann Donegan has appointed an attorney who will make arguments favorable to the defense. Oler had no questions for Hales or Hanna and has not challenged any evidence thus far in the trial.
The trials are drawing attention in Canada as a test of whether polygamy charges can survive the country's protections for religious freedom.
For 22 years, Blackmore was the Canadian bishop of the FLDS. In 2002, then-FLDS President Rulon Jeffs and his son Warren excommunicated Blackmore. Oler succeeded him.
The indictment issued against Blackmore in 2014 listed him as having 24 wives. As of July, Blackmore had 27 wives and 145 children, according to discussions he and his family led at a Sunstone symposium in Salt Lake City. At least a handful of his wives are from Hildale, Utah, and Colorado City, Ariz., the traditional home of the FLDS.
ncarlisle@sltrib.com
Twitter: @natecarlisle
Ian Smith | Vancouver Sun Former Fundamentalist Church of Jesus Christ Latter Day Saints bishop, Winston Blackmore and present bishop, James Oler made a court appearance today, both charged with polygamy. This is James Oler after appearance. Jan. 21, 2009.
Ian Smith | Vancouver Sun Former Fundamentalist Church of Jesus Christ Latter Day Saints bishop, Winston Blackmore and present bishop, James Oler made a court appearance today, both charged with polygamy. This is James Oler after appearance. Jan. 21, 2009.
Trent Nelson | The Salt Lake Tribune A home in Hildale where Winston Blackmore often stays, Sunday February 12, 2017.
Trent Nelson | The Salt Lake Tribune Alvin Barlow holding a copy of the Book of Mormon and Teachings of the Prophet Joseph Smith, at his home in Hildale, Monday February 13, 2017.
Trent Nelson | The Salt Lake Tribune Alvin Barlow holding the book Teachings of the Prophet Joseph Smith, at his home in Hildale, Monday February 13, 2017.
Trent Nelson | The Salt Lake Tribune Ron Rohbock at his home in Hildale, Sunday February 12, 2017.
Trent Nelson | The Salt Lake Tribune Ron Rohbock at his home in Hildale, Sunday February 12, 2017.
Trent Nelson | The Salt Lake Tribune A home in Hildale where Winston Blackmore often stays, Monday February 13, 2017.
Trent Nelson | The Salt Lake Tribune Bruce Wisan speaks with Winston Blackmore during a community meeting regarding the United Effort Plan (UEP) trust Friday November 30, 2012 in Colorado City.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Texas Ranger Nick Hanna arrives at court in Cranbrook, B.C., Tuesday April 18, 2017 for the trial of Winston Blackmore. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune A Holy Bible pin on the suit of Winston Blackmore, as he leaves court in Cranbrook, B.C., Tuesday April 18, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Brian Hale arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Winston Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Hale is an anesthesiologist from Utah's Davis County who has written three books on Mormon fundamentalism.
Trent Nelson | The Salt Lake Tribune Brian Hales arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Winston Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Hale is an anesthesiologist from Utah's Davis County who has written three books on Mormon fundamentalism.
Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune James Oler outside the courthouse during a break in his trial in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune James Oler outside the courthouse during a break in his trial in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Texas Ranger Nick Hanna poses for a souvenir photo with RCMP Constable Shelley Livingstone at the courthouse in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.
Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.