Judge Stephen Henriod |
Less than a day after WND reported on the case of a woman sentenced to 30 days in jail after texting while a spectator in court, the judge has called an emergency hearing and suspended the remaining 28 days of the sentence, although her contempt "conviction" remains, and she will return to court at some point for a resolution.
Susan Henwood was jailed Monday on orders from Judge Stephen L. Henriod of Utah's Third District Court after texting her husband during a hearing.
Reached on her cell phone as she was traveling with her family home from jail, she expressed relief at being out of jail, describing her experience as "horrible."
She said she went to the original court hearing April 6 on a civil matter involving her husband and another party because her husband, Josh, had a kidney stone. She took with her evidence of his emergency room visits because he was unable to attend.
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Her husband's attorney was requesting a continuance, and at some point she texted her husband, "It doesn't look good" for getting the request, although it later was granted. Later in the hearing the attorneys discussed having the court take an ATV belonging to a corporation with which her husband was affiliated to satisfy part of a judgment against him in a personal civil case, she said.
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After the hearing, she texted that officers could be coming for the Polaris Ranger.
It was at some point subsequent to the hearings on her husband's case a woman notified the judge there had been text messages sent.
Susan Henwood said she never would knowingly violate the law but was startled when she was cited. Then when she went to court Monday on the contempt citation, she said she was refused permission to testify on her own behalf.
Susan and Josh Henwood |
The complainant, instead, was allowed to testify unchallenged that Susan Henwood had been texting more or less constantly through the hearing, which apparently had gone unnoticed by the judge, the lawyers and the bailiffs at the time.
Then the judge announced the 30-day jail sentence for her actions.
She thanked the news agencies that reported on her predicament and that of her husband, left at home with four children under the age of 10.
"The news gave us a voice," she told WND.
She said the judge advised her she will need to return to his courtroom to resolve the citation.
While court officials all declined WND requests for a comment as the first report was being prepared, after it appeared, they e-mailed dozens of pages of affidavits to WND. The documentation outlines a court judgment against Josh Henwood over a business transaction involving restaurant equipment.
It also contains a litany of allegations by various people that Josh Henwood was hiding his assets, specifically a truck, some excavation equipment and the like, to keep them from being seized to satisfy the judgment. It includes an allegation that Josh Henwood tried to run over an officer, but court officials were unable to confirm any charges had been filed in that regard.
"The judge did not order Susan Henwood to jail for text messaging. The judge found her in contempt of court after learning that she had been actively assisting her husband in hiding the assets via the text message," wrote Nancy Volmer, who identified herself as a spokeswoman for Utah courts.
The court paperwork included an affidavit from a witness who alleged a woman that may have been Susan Henwood was texting messages throughout the court hearing.
There was no explanation from court officials how Susan Henwood was subject to any court orders, since the case involved her husband, until the contempt citation was issued by the judge.
"In addition, a hearing was held this afternoon in the case. The judge has suspended the remaining 28 days of Susan Henwood's sentence," Volmer wrote.
Josh Henwood told WND the court indicated it might subpoena a copy of the text message, which he said was fine with the family. But he said the civil dispute involved him only, not his wife in any way.
Josh Henwood's stepfather and Susan's father-in-law, Dennis Jackson, reported there were no notices or warnings posted about the use of texting, a statement contradicted by the clerk's office spokeswoman, who told WND that visitors to court were told of the judge's ban on text messages. However, when asked how the warning was delivered, by sign or verbal statement, she said, "I have no idea."
Jackson pointed out that the judge has made similar rulings in the past, once telling a woman in court for having too many dogs after having been cited earlier for the same thing: "She should have taken a gun and shot the other five before she came back to court, if she didn't have any other options. … She's going to jail today."
Conversely, in another case, Henriod gave a former teacher probation for having sex nearly 50 times with a 16-year-old boy.
"What is of primary importance to me is that [the boy] is doing well," the judge ruled.
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Woman gets 30 days in jail for texting in court