Friday, June 12, 2026
Page 4
Ninth Circuit:
Challenge of Polygamist to Probation Proviso Is Premature
By a MetNews Staff Writer
A polygamist who gave his four daughters to a man whom he regarded as a prophet, and who pled guilty to conspiracy to commit trafficking of a minor for sexual purposes and received a 25-year prison sentence to be followed by lifetime supervision, yesterday lost his challenge in the Ninth U.S. Circuit Court of Appeals to a condition of probation that he not contact family members unless given permission to do so.
Affirmance of the order came in a memorandum opinion signed by Circuit Judges Ronald M. Gould, Jacqueline H. Nguyen, and Lawrence VanDyke.
Prison inmate Moroni Johnson did not begin serving his sentence until May 2025 and, the panel said, permissibility of the condition must be weighed in light of circumstances at the time of the man’s release.
Provided ‘Wives’
Johnson had eight children, including the four daughters who were provided as “wives” to cult leader Samuel Bateman, founder of an offshoot of the Mormon Church. Bateman, who is serving a 50-year prison sentence, sexually abused Johnson’s daughters, aged 10, 14, 17 and one of an undisclosed age.
There were numerous other victims.
The special condition at issue, imposed by District Court Judge Susan M. Brnovich of the District of Arizona, was that Johnson “not directly or indirectly contact any victim(s) and victim(s) family of the instant offense(s) without prior written permission” from the probation officer.
Argument on Appeal
Johnson argued on appeal that the condition is “unconstitutionally overbroad and unjustified by the record,” contending:
“In imposing this condition, the district court failed to provide an adequate reason justifying this sweeping restriction on appellant’s ability to have any direct or indirect contact with all ‘family’ members of all victims. Such family members include appellant’s legally-recognized wife (the mother of two of his victims), one of appellant’s ‘spiritual wives,’ and several of appellant’s non-victimized children.”
Rejecting that position, the panel declared:
“Johnson’s challenge to Special Condition 8 is not yet ripe.”
Nature of Relationships
The judges explained that “[w]hen imposing a condition of supervised release that intrudes upon intimate relationships,” the judge must consider the nature of those relationships. They observed:
“Here, Johnson’s intimate relationships before his conviction, or even his relationships as they exist now. will not necessarily resemble his intimate relationships as they may exist at the end of his decades-long prison sentence.”
The case is United States v. Johnson, 25-3266.
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