Probation ordered in trust worker trespassing case

Salt Lake City, USA - An Arizona judge has sentenced an employee of a property trust to probation for trespassing on homes in the polygamous community of Colorado City, Ariz.

Moccasin Justice Court Judge Mitchell Kalauli on Monday ordered Isaac Wyler to serve two years probation and pay a $400 fine for entering the homes without the permission of residents.

Kalauli also ordered, but suspended, 10 days of jail time, which Wyler would have to serve if he fails to complete his probation. Wyler was charged with two class 1 misdemeanor counts of criminal trespass and could have faced up to six months in jail on each count.

A bench trial was held in December and Kalauli issued his ruling convicting Wyler of the charges on March 13.

Wyler declined to comment on the cases Wednesday night.

The properties are part of the United Effort Plan Trust, which holds the homes and land in Colorado City and Hildale, Utah. The towns are home to most members of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

The $110 million trust has been under the control of Utah courts since 2005, when a judge said church leaders had mismanaged its assets. Wyler, a former church member who continues to live in the community, works for court-appointed accountant and trust manager Bruce Wisan. Wyler has posted eviction and tax notices on homes and tried to get FLDS members to sign occupancy agreements required by Wisan.

Colorado City Town Marshal Jonathan Roundy said his office is now investigating Wisan for possible criminal charges that could include trespassing. He said the city's attorney is reviewing transcripts from Wyler's trial.

At trial, Wyler said he didn't have a court order to enter the homes. Roundy said Wyler's defense centered on the idea that he had not broken the law because was operating under the Utah court order that took control of the trust.

"We feel like it was trespassing," Roundy said. "We charged it and the courts have upheld us in that."

Wisan said Wednesday he had no comment.

The FLDS object to Wisan's control and actions by the court that have restructured the trust, removing its religious purposes. The sect considers communal living an integral part of their religion and formed the trust during the 1940s, donating their property to benefit the whole church - an act considered an expression of faith.