Monday, April 28, 2008

Now comes the state of Texas...

Shock and Awe phase. Make us think there are a LOT of pregnant (were pregnant) young girls. Remember there has been a recent change in law. From FOX News.

"Child Protective Services spokesman Darrell Azar says 53 girls between the ages of 14 and 17 were living on the ranch in Eldorado. Of that group, 31 already have children or are pregnant."

: From the Deseret news, Texas confirms that after the above BLARING headline, they only have two pregnant girls. The FLDS contends they only have one that could have been "underage" at the time. We still do not have a list girls who are 14 and WERE pregnant or are pregnant. We do not have the number for 15, or 16 or 17. If there is a 17 year old with a 2 and a half year old child for instance, it might not matter.

"A total of 53 girls between the ages of 14 and 17 are in state custody after a raid 3 1/2 weeks ago at the Yearning For Zion Ranch in Eldorado. Of those girls, 31 either have children or are pregnant, said Child Protective Services spokesman Darrell Azar. Two of those are pregnant now, he said; it was unclear whether either of those two already have children."

UPDATE: Absolutely SPASTIC with anticipation, the prosecution is finding that they can't get to what they think is "Evidence." Boxes and boxes of FLDS documents may fall under the privilege of the confessor. Defense attorneys must look first and the FLDS don't have that much in the way of resources to plow through the room size stack of evidence. They're going about it at the rate of about a box every two days. The Deseret News;

"Defense lawyers Bob Switzer and John Fahle, both of San Antonio, began going through the papers two weeks ago, Switzer said after a hearing Monday before 51st District Court Judge Barbara Walther.
But the state asked for an independent reviewer to take over the job. Officials were unsatisfied with the pace at which the lawyers were reading the documents - it took Switzer an entire day to read about half of the papers in one box labeled 'bishop's records' alone - and were concerned that they may assert privilege in an attempt to exclude evidence from potential criminal cases."

Obviously the hope is to find non privileged records of births and ancestry so as to make the case regarding the "abuse" of young girls. Clearly they don't have that now. The state of Texas made a big announcement about how many girls had been pregnant trying to make their case look strong. At the rate that the hopefully damning evidence is trickling in (because defense counsel must look FIRST) the Rozita Swinton evidence and the lack of currently pregnant underage girls may destroy all cause for a warrant in the first place. It will eventually be asked "Which Girl did you see while at YFZ that was pregnant?" and if it isn't one of the 2 (or one) that is, they had no cause to go further. Clearly they had no cause to be there in the first place, but we're putting that down to an understandable mistake on the part of Texas.

Texas' position will eventually have to be "we came in with right motive but bad evidence" and then "saw a crime". The warrant is still operative right NOW because they are pretending not to see Rozita Swinton, because legally, they haven't made a determination about her yet. Once Rozita is acknowledged, and she will be, then they have to show why they continued their investigation. Texas is hoping they can find documentary evidence to base another warrant on, before that. If they cannot they must pack up and go home. Or they SHOULD. Actually they should have already.

They are depending entirely on finding real cause before every false cause is shown to be that, legally.

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