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WEST JORDAN -- A court hearing for a marriage counselor accused of sexually abusing clients was postponed Tuesday after the intervention of attorneys for The Church of Jesus Christ of Latter-day Saints.
Prosecutors were ready to argue at a preliminary hearing that Arturo Tenorio, 57, of Kearns, should stand trial on two counts of forcible sexual abuse, a second-degree felony, for allegedly molesting two women who were among clients he recruited from Mormon congregations.
The women complained to Midvale police, who arrested Tenorio last month. His defense attorney, Ken Brown, issued a subpoena last week to an LDS bishop in Saratoga Springs who he said referred church members to Tenorio.
But Dan McConkie, an attorney for the LDS Church, objected to the subpoena in court Tuesday, saying any testimony from the bishop could be privileged due to church members' expectation of privacy when talking to him. McConkie said he advised the man not to appear in court.
Third District Judge Charlene Barlow agreed to move the preliminary hearing to March 23. Before it starts, she will hold a private hearing to determine whether the bishop must testify.
Preliminary hearings generally emphasize the prosecutors' view of a case as they try to present enough evidence to have the defendant bound over for trial.
Barlow apologized for the delay Tuesday to alleged victims set to testify. She said she would not know whether the bishop's testimony is relevant until she hears what he has to say — in her chambers.
"We're talking about privileged communications, perhaps," Barlow said.
Brown said the bishop may have waived any privilege because he talked to Tenorio. He wants to hear from the bishop in part to help establish a timeline of events.
"If he's not here for the preliminary hearing, we have no ability to develop that testimony," Brown said. "I'm entitled to know what he told my client when he made that referral."
Tenorio's brother, Octaviano Tenorio, is a member of the LDS Church's First Quorum of the Seventy. Police believe he may have used his brother's position to gain the trust of church members.
The women told police they drank water Tenorio gave them after putting a powder into it, leaving one with a headache and the other with difficulty remembering what happened at his Midvale practice.
Tenorio, who does not have a license as a marriage counselor, has maintained his innocence. He remains free on bail.
After Tenorio's arrest, the church issued a statement condemning all abuse and asking victims to come forward.
E-mail: pkoepp@desnews.com
