FLDS, if I were you, I'd go get them.

At this point, I'd get a copy of the appeals court ruling, and the upholding of that ruling by the Supreme Court of Texas and I'd round up some bounty hunters and/or bodyguards and I'd go get my kids.

I'd like to see that confrontation acted out. I would recommend that there be no violence or breaking of the law of any kind, but I'd walk straight to my kids and try to get them.

Make the agency holding those children call the cops to stop you. Put those documents in front of those officers and ask them to stand aside. See what happens. This is a drama that needs to be acted out.

Seize the initiative. Set the tone.

I hear the "Dog" is out of work.

PS, and another thing. If you get your kids, get out of Texas immediately. You can't trust them. More →

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The Lawlessness of the Judge, the Impotence of the Governor.

The impotence of Governor Perry is exposed by Judge Barbara Walther. Governor Perry should send in the Texas National Guard and/or the Texas Rangers and retrieve the children and perhaps place Judge Walther in jail.

The latest move of the Judge is a time buying tactic and a defiance of law. Only force can answer her rebellion. Only Governor Perry has the right to use such force.

Judge Walther is trying to run out the clock. It is her belief and the belief of Child Protective Services that they CAN find a crime if they are allowed to keep looking. The "Rosetta Stone" for unlocking those crimes is the DNA evidence they have collected. If CPS can get it and analyze it they believe they can save themselves by inciting public outcry sufficient to cloud their own lawlessness. This must stop, this must not continue. This is REBELLION. More →

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Major Announcement in the wake of Supreme Court FLDS decision

From the San Angelo Standard-Times;

"A hearing has been scheduled for 2 p.m. today in the Tom Green County Courthouse regarding the children taken from the polygamist sect's YFZ Ranch near Eldorado, according to a court administrator.

Willie Jessop, a leader and spokesman for the Fundamentalist Church of Jesus Christ of Latter Day Saints members who live on the ranch, told a group of reporters this morning at the courthouse that he is 'hoping for a miracle at 2.'"

Here's hoping CPS has the good sense to give up and give them back. They should. Surprises tend to be late on Friday afternoon. More →

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FLDS Children Free at Last

Thank the Lord.

Fox News.

"The high court on Thursday affirmed a decision by the appellate court last week, saying Child Protective Services failed to show an immediate danger to the children.

The ruling directs a lower-court judge to reverse her decision putting the children into foster case. The appeals court ordered the judge to return the children to the parents soon but it is unclear exactly when that will happen."

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Something to Hide?

Someone has begun to view my site through the German Language version of "Anonymouse.org." Sites such as this are designed to conceal who is looking at YOUR site. I started getting this particular type of inquiry right after my latest Rozita article. Up until now the vast majority of the hits I have gotten have been in the open. Feel free to comment whoever you are. More →

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Texas Appellate Lawyer Analyzes CPS/FLDS Case before Texas Supreme Court

There's dumb (me) vs smart (Don Cruse, Texas appellate lawyer). What do the requests for information PROBABLY mean?

"Having requested a response, the rules now give the Court more latitude to grant the requested mandamus relief for the State in full, rather than just a temporary stay.

So does that signal that the Court is leaning one way or the other? Perhaps not. Typically, the Court will request a response if even a single Justice votes to do so, and it is easy to imagine the Court wanting to see what the mothers have to say about the merits before deciding how to dispose of this case."

Whatever the court rules, they will not revisit the case. I do see support in Don's analysis for the idea that this case has become politicized at the Supreme court level though. We'll see.

Looking at it politically you have to figure that the court is wanting to hand off a hot potato. Monday will be June the 2nd. The next big dates on the calender are June 5th and 6th. In that time frame a lot of things happen. The hearings are supposed to be done with for the service plans. DNA evidence begins to come back. Rozita Swinton has her first court date. I don't know if they can get away with it but if I were trying to avoid the consequences of my decision, I'd do it at the end of the next week. Look for the decision then, or late Friday afternoon, May the 30th.

If the court rules in favor of the FLDS, you could see the decision anytime after noon today. If in favor of CPS, you'll see it in those time frames I mentioned above.

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Texas Supreme Court gives hints

What the Supreme Court asks for hints they have allowed the politics of the case to enter into their decision;

SAN ANGELO, Texas - The Salt Lake Tribune - "The Texas Supreme Court has asked attorneys representing nearly three dozen mothers from a polygamous sect to answer the state's bid to overturn an order returning their children.

The supreme court was already considering the narrow issue of whether to stay the ruling, which was issued a week ago by the Third Court of Appeals. It found a trial judge improperly kept some 450 FLDS children in state custody.

Now, the supreme court is giving attorneys for Texas RioGrande Legal Aid (TRLA) a deadline of Thursday at 9 a.m. to respond to the state's broad appeal of that ruling."

Ok, now this bothers me a little bit, since orginally it was just going to be a ruling on the court of appeals jurisdiction. Now it seems we're retrying the case, and on short notice. It could just be a courtesy since CPS raised all of these spurious issues, but the fact that they might read these assertions by CPS and responses by the representatives of the families bothers me a bit.

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More Swinton, More Silence

I fired off a letter this morning, very early, to one of Dr. Peggy Way's past associates. One that I have every reason to believe knows Dr. Way fairly well. In it I frankly outlined the connection between her and a website and Rozita Swinton's secretive apparent foster parent.

All I got back was "I'll forward this to Dr. Way." Previously I had been told that Dr. Way does not check her email often. Maybe not for the whole summer. Friends would know, I would not, I'll take their word for it.

Peggy Way who is (or was ) a rather popular "Social Gospel" and "Liberal" Theologian on the speaking circuit is approximately 77 years old. From what I can gather, she may be in a wheelchair and may have been for some time. Her appearance and speaking frequency dropped of dramatically a little over a year ago which suggests she is in poor health.

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Has CPS successfully extorted the FLDS again?

Judge for yourself. The way I read this Texas threatened to put 8 underage girls on the stand to blackmail someone in the FLDS into leaving a child in state custody;

The San Antonio Express-News - SAN ANGELO — "Seeking testimony about underage marriage, Child Protective Services was preparing to question at least eight girls seized from a polygamist sect's ranch, but a last-minute agreement in a custody hearing Tuesday kept them off the witness stand.

'It is highly unusual to have victims testify, and we only choose to do it in cases that are crucial to proving that abuse occurred,' CPS spokesman Patrick Crimmins said.

Crimmins said the agreement achieved the state's most narrow objective — keeping a newborn in Texas care — though the agency may not get a similar future chance to showcase its most potentially damaging evidence.

'I don't know if there's another (civil) proceeding at which it would come to light,' Crimmins said."

Doesn't this sound like a correct paraphrase or a likely one of the exchange?

FLDS Parent: "Give me my baby!"

CPS: "Ok, but I'm going to take these 8 young children and question them about sexually charged subjects in open court."

FLDS Parent: "That's hideous! You wouldn't dare!"

CPS: "Watch me."

FLDS Parent: "Anything but that, if you keep the kids off the stand I'll let you keep my baby."

CPS: "Ok."

Or, "I'll torture these children unless you do things my way."

If this testimony was so important, why did they trade it for custody of one infant? It was a bluff and it was extortion. It also shows the lengths that CPS is willing to go.

Am I reading this wrong?

In other news Texas argues that if the Supreme court upholds the notion it had no right to the children, that they may lose the ability to get them back.

Wait.

Texas had no right to take the children in the first place because there was no danger to them. Texas has found no adult male perpetrators of any crime against the children, but Texas reasons to the court that the children can't be protected from being victims of an unnamed crime by an unnamed assailant if they go back to the place where the crime is not occurring in the care of people who are not harming them. Furthermore, those parents may flee Texas where the state imprisons children and takes them from people who care for those children and do not harm them.

Read it yourself;

The Fort Worth Star-Telegram - "Updating an earlier appeal, Texas Child Protective Services lawyers argued that if the custody orders are rescinded, parents could take the children out of the state and 'no Texas court would have any authority to enter any orders to protect these children.'"

Go ask Alice.... More →

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Feel the Wrath, FLDS

The state is a terrible monster to fight, in any country, with any form of Government. We don't have a "Good" state and other countries "Bad" ones. They're all bad. We keep ours in check though less so every passing day. One of the reasons why is the terrible power they have combined with human nature. Count on every tidbit of salacious evidence, good or bad, coming out in the next few hours, days and weeks. Regardless of the Supreme Court of Texas' decision;

The Salt Lake Tribune - "The state hinted at witnesses that would create more fireworks and 51st District Judge Barbara Walther, stung by the appellate court's criticism, egged the department on.

The court canceled other status hearings set for the day, but the calendar remains intact for Wednesday, according to a spokesman. Five judges had waded through dozens of cases by noon Thursday, before the Third Court of Appeals ruling brought the process to a standstill."

I thought a Judge wasn't supposed to take a position in a case, she was supposed to hear facts. Clearly not. Clearly there is no pretense of this romantic notion any longer. It's the State, in all it's power, VS the FLDS and it's members. If the results were to be measured by power alone, this would be over already. My wife observed yesterday that if this were Hitler's Reich, they'd be in graves now for almost two months.

Never think we are better than Stalin's USSR, than Hitler's Germany, than Pol Pot's Kampuchia or Idi Amin's Uganda. We are the SAME. Our conventions and our laws keep us safe. We need to uphold them on this front. The FLDS fight for us all.

Hi ho, Hi ho....
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Slogging through the Rozita Swinton Swamp

When things are slow, you tear at the edges of unanswered questions. To bring you up to speed on what I have discovered so far.

Rozita Swinton has an apparent foster parent. I say this because no one in the press has met this person apart from her publisher, nor is there a picture of her. This person is now known as "Kate Rosemary" and has two books, "Raising Shane" and "After Disclosure", both of which were published in Nashville TN by the vanity publisher "Westview." Except "After Disclosure" was titled "The Feminization of Job" and was published first by Westview under that name, and was said to be authored by "Merry Cate Noel" who has a Masters of Divinity.

Conversations with the apparent foster parent via email yielded two email addresses, one at "Yahoo" and the other at "recycleddreams.org" which is a website that has existed since September of 2006 and was last modified about a year later suggesting that mostly what has happened is that the domain name registration was renewed. A "Peggy Ann Way" owns the site and seems to have a "Masters of Divinity" from Vanderbilt University, in Nashville Tennessee and formerly was an instructor there. She is also associated with Eden Theological Seminary. The site however, is registered to a known blind domain name provider, a "Michelle Parker" or at least Michelle is a representative for the company. Nevertheless the point is if you search for 510 595 2002 in google, you'll get the picture. Peggy also writes a "Blurb" for "Kate Rosemary" on the Westview website and has written her own book, "Created by God."

At this point, if I had to guess on a real foster parent, it would be Dr. Peggy Ann Way. Did Peggy write these books? I don't have any earthly idea. Things around Rozita are such a confusion of lie upon lie that all I know is that there is a Dr. Peggy Ann Way and it's probably the Peggy Ann Way on the domain name registration. That hardly proves that Dr. Way even made the registration or knows about it. It doesn't even prove that Rozita ever HAD a foster parent.

In searching for Peggy I have listened to an interview in which she says she is moving back Nashville but I have found no pictures of her. Most references to her seem to disappear about a year ago. I have found associates of hers, and emailed them to see if I can get information. She retired from Eden and said she was going to try to teach at Fisk in Nashville and a theological seminary in the area. She hates to write, and loves to speak. Anyone out there know Dr. Peggy A. Way? More →

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Memorial Day

I'll try to tell this story as accurately as I can. In my position I meet those from all walks of life. It is occasionally my great pleasure to meet those who serve, or have served.

In the last year the dealership I used to work at (I start a new job tomorrow, praise God), we sold a car to a WW II veteran of the Army Air Corp. The Air Force is of course a post WW II branch of our military. I have made it a habit to profusely and unconditionally thank veterans and serving military personnel for some time now.

This particular veteran served over Germany in a Flying Fortress, a radioman. Warming up to me he was willing to tell me his story of encountering flak over Germany on some of his missions, he showed me his wrist that was broken by shards of flak that took out the radio of his airplane. If I got this right, the shell shard is from a German "88" and it exploded near or in the B17 and fragments of it ended up in his radio. I apologize for the blurry nature of the picture, I fear I'll never see it again to get a better one.

Thanks to all veterans, living and dead, and those who serve now. We support them best when we support them in completing their missions, before they come home. More →

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CPS Worker whines about gas prices after spreading FLDS kids all over Texas.

This is utterly hilarious;

The Fort Worth Star-Telegram - "'We're being told that we might have to wait another 30 days for our expense checks. With the price of gas at about $4 a gallon, we're hurting," said the worker, who asked that her name not be used out of concern that it might jeopardize her job. 'I typically drive about 300 miles a week. My credit card is maxed out, and I'm out of gas.'

Mike Gross, vice president of the Texas State Employees Union, said his office has fielded complaints about slow reimbursements and the state's policy of calculating mileage based on the shortest possible route to and from each destination workers must visit. The effect of the policy, he said, is that workers often use bypasses and beltways to avoid congestion and save time, even if the routes are a few miles longer.

'They're having to eat those extra miles,' Gross said.

Azar said his department can do little about the policy, which has been in place for several years and applies to all state agencies. CPS workers are reimbursed at 50.5 cents per mile, the maximum under federal standards, he added.'"

Oh Waaaa. Try being an FLDS parent. What's the matter, you didn't think about what would happen to YOU when you spread all those FLDS kids all over the state? HITCHHIKE.

The Salt Lake Tribune - SAN ANGELO, Texas - "James and Sarah J. Jessop spend all their time on the road these days, traveling an 1,800-mile circuit to see children now scattered across Texas."

I have no sympathy for CPS workers and their gas woes. My advice to CPS workers? Get a Vespa. Better yet, get another job.

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Sunday Morning Article Roundup, FLDS Photo Analyzed

The only article I found that had new and interesting information was this one in the Salt Lake Tribune, Battle over FLDS kids gets rough;

"Willie Jessop, an FLDS member and spokesman, traveled to San Antonio on Friday and, until Saturday, had never seen the photographs.
He said he doesn't know the girl or anything about her situation.
He accused the state of making a calculated, unethical move by using and publicly releasing the photos.
'If that was your daughter, would you want the court to leak it to the media?' he asked. 'The state put those photographs out to insinuate there were marital relations that involved sexual intercourse, and that is not true.'
The girl, now 13, is in state custody and, like other children, has received a physical exam.
Whatever her situation, it does not 'give the state the right to take children away when it does not have anything to do with them,' Willie Jessop said."

I trust the FLDS on these issues. Why? I have not been lied to by them. Willie does a good job of showing that the state could care less about the girl in question. She will doubtless be identified by the information given by the state who used her callously to weight their case before the Supreme Court of Texas and in the public eye going into a long weekend.

The physical exam probably has told the state what it wants to know about her sexual condition. Since they have been so bold to USE the photograph, I daresay they already know the state of her chastity and would have also leaked that information if it would have aided their case. They didn't leak that information so we can assume she is chaste.

The rest of the news seems to have been articles written in advance of the weekend and are analysis oriented. By and large they are good. There's little to do in the way of breaking them down and analyzing them myself, because they are analysis. The above article in the Tribune is worth reading and contained that little snippet of new information so I offered my views.

Moving to the Deseret News.

Will signing abuse papers come back to haunt FLDS? Just like it sounds. Future criminal cases could use the "admissions" the service plans are based on. Never mind that those signatures were extorted.

Utah, Texas laws are similar, FLDS population isn't. Why has Mark Shurtleff settled on a strategy of driving the FLDS out instead of rounding them up? Try putting 10,000 kids in foster care.

And there is a nice short little time line piece that you can put on a 3 x 5 card and impress your friends with. Seem brilliant. Pick up chicks. (psst, that was for Polygyny enemies, it will lather them all up) Texas timeline.

I suggest everyone run over to the Dallas Morning News and rip them a new one for bannering this story that is in their index section as NEW TODAY; "31 of 53 teen girls at FLDS ranch are pregnant or had baby ." Oh please. They're throwing up a story that's a month old and offering it as NEWS. It's FIVE you morons. Give them a big comment raspberry. After following this story in the press I'm not sure I can believe anything I read or see anymore. I have to cross reference and verify something before I even begin to suspect it is true.

There is a good speculative but researched article over at the Abilene Reporter-News asking "Why did FLDS sect pick Texas?"

Dawn Knobloch wrote a column for the Amarillo Globe-News; "Texas applying cookie-cutter justice to FLDS" that I have mentioned before. Oddly right after I did it got referenced in other blogs. The Amarillo paper has never printed anything GOOD before, so I get suspicious that people aren't giving the proper hat tip. Oh well, as long as the story gets out. I can't really take credit for noticing that Dawn has a keen mind and writes well. Give it a look, she puts Ellen Goodman to absolute shame.

The Modern Pharisee starts his new job Tuesday and will be moving his palatial digs (an RV folks) to Arlee Montana tomorrow. Now critics can truly label me trailer trash. In any case if something breaks the rest of the day, I doubt I'll be on it. Today the wife is the absolute boss. More →

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Press Corp Natives get Restless over FLDS Case

It's like the light went off when the appeals court said "Whoa!" Now the flock that is the press is seeking new direction;

The San Antonio Express-News - "'They have created chaos. They don't know what to do. This case has holes in it the size of the Grand Canyon,' said Laura Shockley, a Dallas family law specialist with six clients in the case. 'There is no way to fix this.'"

Suddenly the paradigm shifts and it's the FLDS side of the story that has weight. We get reports of what the problems have been all along;

"In court documents and in interviews, lawyers for the children and parents have complained the state has made a number of legal errors primarily through CPS, but also through law enforcement and judges, including:

•Insufficient investigation of the initial tip and tipster;

•Insufficient investigation at the ranch about who was in immediate danger;

•Treating the entire compound as one household, though there were 19 separate residences;

•Taking all children instead of just the post-pubescent girls who could have been subjected to the feared sexual abuse by older men;

•Presenting insufficient evidence at the first hearing for the children;

•Holding that hearing for the mass of children, rather than holding individual hearings;

•Shifting burden of proof to parents to prove innocence, rather than having CPS prove guilt."

It's hard to argue with the obvious, haven't we been saying this?

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A round up of supportive opinions from blogs.

"Your Sacred Calling" - Pastor James McDonald's wife Stacy writes this blog.

"Massachusetts Divorce & Family Law Blog" - Boston Attorney Steven Ballard.

"Gold-Plated Witch on Wheels" - "Sharon", who must be opinionated.

"Red State Blues" - "Bekkie Ann", a liberal in Salt Lake City.

"Night Bird's Fountain" - Decidedly not pro FLDS or Polgyamy but appalled at the invasion.

"Upstream" - A Mohawk Valley New York State blog.

"Red (State) Right Hand" - Matt, who appears to listen to the same talks shows I do.

There are a few of them out there. You can probably find them by Googling search terms like "FLDS" in combination with "Court" and "Blogspot" or "Typepad" or "Worpress." Be encouraged. The public opinion tide is turning. More →

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The CPS Appeal is NOT an appeal.

I came across this analysis of the appeal in the San Angelo Standard-Times;

"The CPS request, not technically an appeal of the Third Court's ruling, says the three justices overstepped their bounds by ordering 51st District Judge Barbara Walther to vacate her mid-April order granting temporary custody of some 450 sect children. The request argued that returning the children at this point would be problematic because DNA testing has not determined which children belong to which parents."

So all of that mumbo jumbo about the danger to the children and the bad environment that seemed to us to be a mere repetition of their case, and weak, was for window dressing. It's not even an appeal, it's a statement that the court who made the ruling has no business making such a ruling.

Face it folks, that may very well be true. I am not a lawyer, much less a Texas lawyer involved in process matters before their courts. This, if handled on the merits, is going to be over quickly. Provided of course that the analysis provided here by staff of the Standard-Times is correct. The scheduling of the case before "SCOTEX" is right here.

The Austin American-Statesman has this information;

"The high court did not act on the emergency petition Friday but ordered records from the 3rd Court of Appeals, an indication justices could be planning to work on the matter over the Memorial Day weekend."

So the answer could come very quickly.

"If justices deny the request to delay family reunions, (Amy) Warr said, the 3rd Court ruling would be effective and Walther would be required to return the 130 children to their parents."

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With Regard to the Warren Jeffs photo

Yes, I don't like it either.

For the purposes of the case, I don't see how it is relevant. Warren Jeffs is in jail. He is removed from the environment.

As to what it represents? I don't know but it would look to most of us like a wedding photograph. Keep in mind that Biblically, betrothal and marriage were the same. Joseph needed to get a Divorce from Mary, the mother of Jesus to end his relationship to her as shown in the Bible. They had not yet had relations. This suggests Mary was very young by our standards.

In our culture we refer to engagement in place of betrothal and believe engagements can be broken. That is not what we believe in my household. A betrothed couple would indeed be married but would not begin to have relations until after the wedding feast, all anecdotal evidence of scripture supports this.

This 13ish girl (I've seen stories saying she is 12) could be Warren Jeffs betrothed. That is one possible explanation. The explanation may even be more mundane than that. If they want the truth, I suggest they bring Warren to the courtroom and ask him. They certainly have the power to do that and I don't think Warren can evade his date with them. More →

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Even though it CAN'T be true, the lie of "Pregnant Underage FLDS Girls" is repeated.

First of all, let me emphasize this. The lies are printed, reprinted, and even believed by the people who have had them disproved to their faces. This is in a story slated for publication, TOMORROW.

The Austin American-Statesman - "'We gained access to the ranch when the (Child Protective Services investigators) went in, but our search warrant was separate from the one CPS got," (Tela) Mange said. 'Once we got on the ranch and saw the pregnant females under the age of 17 we got our own search warrant that covers all the evidence we have.'"

I'm sorry, but we remember. There were THREE girls that state said "were pregnant" and only two that they "observed" when they went into the ranch. Both of the girls that were observably pregnant gave birth and have been declared adults. The last of the three they said at the time was pregnant, had to be tested to determine she was pregnant. Unless Texas comes forth and explains this discrepancy there were no girls they saw that were pregnant. Underage or otherwise, yet Tela Mange plunges ahead, repeats the lie as justification and the dutiful reporter prints it without questioning the facts.

More recently the description of the girls has shifted to 5 that are pregnant now or have been and I will cite Brooke Adams once more;

"Now we know the truth: There are only five girls in that group. All but one are or will be 18 this year. One gave birth when she was 17, three when they were 16. One is pregnant."

Again, this proves they did NOT see "pregnant girls." The one that is pregnant is the one that refused the pregnancy test. She has to be. That or Texas has to clear up their story. As far as we know, she is 17 now yet Tela Mange says for a story slated for publication tomorrow, that they observed "the pregnant females under the age of 17" and on that they base their warrant. No. You did not see that. If the first story I cite is wrong, then they observed at max, ONE GIRL that was pregnant. We don't even know what her age is. Historically when the state of Texas DOES NOT tell us something, it is because it works against them. If this in fact is the basis of the warrant, WHY DOES THE CRIMINAL INVESTIGATION CONTINUE?

We are approaching 2 months since the raid. This one remaining pregnant girl has not given birth. That means she could have been no more than 7 months along at the time of the raid. As each month goes by the likely hood that she "showed" gets less. If she was, as I insist based on the unrefuted first story, the remaining one is the girl that refused the pregnancy test and she clearly wasn't showing enough. You don't give pregnancy tests to 7 month pregnant girls.

This sort of IRRESPONSIBLE SLOPPINESS has to STOP. We have reporters dutifully taking dictation from police officers who clearly carry around IV BAGS of Kool Aid to get them through the day.
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CPS Gameplan VS the FLDS

The appeal goes to the Texas Supreme Court. If the Texas Supreme Court agrees to hear the case, it may very well be months before the case comes before them. If so, CPS gets another lease on life for it's proceedings. They can continue to dig until they (hope) they find something. Here is the forecast from "the Supreme Court of Texas blog." I'm going to guess that it is the most likely scenario. Let's listen to Don Cruse.

"On reading through the State’s papers, I was struck that they are sticking to their argument that — for most of these children — the FLDS belief system is sufficient evidence for the State to take custody. That seems like a dangerously thin argument, especially given the constitutional problem with relying on religious beliefs as the motivating basis for a government decision."

"If you piece together the State’s argument, it is: 'Any reasonable person would be appalled at these beliefs and find them dangerous. The appellate court can’t second-guess that.'

I wouldn’t be terribly surprised if the Court granted emergency relief just to have a few days to process this request but then rather quickly denied review. The dilemma would be how long would be fair to consider the merits — the harm, after all, is the separation."

That is the most likely outcome, I agree. There are three outcomes we can expect that have an immediate effect on the FLDS case. The Texas Supreme Court refuses to hear the CPS appeal. Game over for CPS in terms of keeping the kids. Texas does as Don proposes, possibly stretching the time out to get to early June. MAYBE by that time CPS in a desperate scramble can get something cooked up to sustain their case. Proof of an underage mother with an older father by DNA, something like that.

The last scenario is the one that worries me. CPS is looking towards a Texas Government institution with pleading eyes and essentially saying "Don't Kill Us." The Texas Supreme Court countenances the CPS argument and it will be months. CPS keeps the kids, gets to comb in leisurely fashion through the DNA and continues to keep back channel investigation going on to find a crime. My wife checked a poll today based on the court order and still, 57% of people believe that CPS should keep the kids. Something like 13% said they "Did not know." CPS has thrown itself I think, on the Mercy of the Court and are probably pleading like mad through unofficial channels to keep their case alive. This appeal is flat out evidence of raw fear and desperation. They are trying to politicize the court. More →

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12 Children Given Back

Per Fox News, just heard it.

Update:  I thought I was hearing things there for a bit, but no, MSNBC confirms, so does the AP and the Washington Post.  It's also in the Austin American-Statesman;

MSNBC - SAN ANGELO, Texas - "Texas child welfare authorities agreed Friday to reunite 12 children from a West Texas polygamist sect with their parents until the state Supreme Court rules on the custody case.

Teresa Kelly, a spokeswoman for the parents' lawyer, said Child Protective Services agreed to allow the parents to live with their children in the San Antonio area under state supervision.

An appeals court ruled Thursday that the child welfare agency was wrong to seize more than 440 children from a ranch run by the Fundamentalist Church of Jesus Christ of Latter Day Saints. The state appealed that ruling to the Texas Supreme Court on Friday."

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Now it's Five FLDS "Pregnant/were Pregnant" TEEN girls.

With all the numbers flying around lately I gave up keeping track.  Besides, as to cause I'm completely convinced that there was none since the only girls that were SEEN by Texas as Pregnant and SUPPOSED to be underage and also impregnated illegally turned out to be underage.  So for me I'm waiting for the rational judge that realizes there was no evidence and you can't keep searching forever until you find some.  Be that as it may, my fave reporter, Brooke Adams reports in the "Plural Life."

"Here's a question: The Texas Department of Family and Protective Services had all the power in the world to structure status hearings held this week in any order it wanted. It kept telling us, the media and the public, that there were 31 girls between the ages of 14 and 17 who were pregnant, mothers or both.

Now we know the truth: There are only five girls in that group. All but one are or will be 18 this year. One gave birth when she was 17, three when they were 16. One is pregnant."

If all but one are 18, that is three that could have gotten pregnant when they were 15, three years ago, when it was legal.  They gave birth when they were 16, consistent with that model.  Since on of them gave birth when she was 17, we have to know when it was that she got pregnant to know if there was any potential crime in her case.   You can get pregnant on your 17th birthday and have a 3 month old baby when you turn 18.  So three that may have been 15 and getting pregnant when it was legal to do so in Texas.  One that may have gotten pregnant at 17 when it was legal to do so in Texas.  None of these girls could have been seen as the human evidence that Texas contends continued their raid.

We have NOT found out exactly how old the "won't be or isn't 18" this year is.  If she was 14 when she got pregnant and when she gave birth, and her birthday for instance was in AUGUST of 2005, when she gets pregnant, she gives birth in May of 2006 and she is 16 now.  Still legal.

I constantly contend that if there was documentary evidence of a crime, there would be a warrant.  Even without DNA.  Mom could clam up, Dad could be a no show but there would still be a warrant.  The lack of action tells me that they are still seeing only after effects of abiding by the law. It makes sense that if the FLDS abided by the law in Texas that they would either move members to a more favorable state or cease "illegal" acts with them.  Those that remain conform to Texas law.  Thus CPS will get oh so close to finding their Holy Grail, the sexually active, past sexually active, underage teen and her pedophile partner, but NEVER WILL.  Get a clue CPS.  When the law changed, they MOVED.  Those that represent no crime STAYED.  Thus only those that ALMOST fit the bill but DON'T are what you will find.  It's not lying, it's not a cover up, it's a FREE COUNTRY.  For now.

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Same "Stuff" Different day with CPS.

From the Deseret News we find that it's just SSDD with CSP.  It's all YADA YADA YADA.

"The Texas department asks the Supreme Court to stay the appeals court order and keep the children where they are in foster facilities until the high court considers their arguments. It argues the more than 450 children will 'suffer irreparable harm' if the appellate court order is followed and says the children 'will be at risk of sexual and emotional abuse' if returned to their parents.

The appeal repeats allegations of a 'pattern of girls reporting that there was no age too young' to be married and boys at the ranch are groomed to be 'perpetrators.'"

There is no documented actual abuse, there is no cause for entry into YFZ, there was no continuing cause for remaining at YFZ yet still there is imminent danger to the children because they teach things the CPS disagree with.  To be fair, many of you disagree as well.  This however is still a free country with freedom of religion and the proof is in the pudding no matter how counter intuitive it may seem.  They have to show that abuse is occurring and have not done that.  

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CPS Decides to FIGHT.

Believe it, it's their jobs that are on the line. It's not about the children anymore, the children can be raped and killed as far as they are concerned. They need to buy time until they "find" a crime that they haven't found yet.

Fox News - SAN ANGELO, Texas - "Texas child welfare authorities are planning to appeal a stinging ruling that found they had no right to seize more than 440 children from a polygamist sect's ranch."

Fight to the death. Frankly I don't think they exactly saw this type of ruling coming, so whatever these rubes come up with, they're just going to be making it up, in my humble immediate estimation.

"Osler McCarthy, a spokesman for the Texas Supreme Court, said Child Protective Services notified the court (today) that 'they will file something today.'"

This is all about trying to go into the Memorial day weekend on top of the news cycle, not at the bottom of it. It's all politics, it's all survival, they haven't even gotten their reply put together yet, and if they have, they're waiting until no one can reply to it until TUESDAY.

UPDATE: It does appear that they had their reply ready this morning, but wanted to grandstand and run before the Memorial day weekend. The Salt Lake Tribune.

"A department spokesman had planned a statement this morning, but postponed it until after a 1:30 p.m. Central time hearing regarding Louisa Bradshaw, who gave birth while in state custody. Bradshaw is one of three women named in mandamus appeal that was approved by the 3rd Court of Appeals in Austin on Thursday."

Yeah and by that time every potentate has hit the asphalt for their memorial day weekend. This is tactical and meant to keep control of the news cycle throughout the weekend.



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Jack Mildren Dies

Who you say? Jack Mildren was in my humble estimation that greatest wishbone quarterback, ever. I have never seen such seamless delivery of the ball, such fluid motion. He was a genius at the position.

Jack was never able to translate his college success into the same sort of pro football achievement as there was no need for his talents in pro ball.

The Abilene Reporter-News - "While playing for the Sooners, Mildren was a 1971 All-American quarterback who spearheaded an offense that led the nation in rushing, total offense and scoring. Mildren owns the school record for passing efficiency with a rating of 207.1 during the 1970 season.

According to the University of Oklahoma's official athletics Web site, Mildren also was a star in the classroom. Mildren was named a National Football Foundation Scholar-Athlete and a National Collegiate Athletic Association and GTE/CoSIDA Academic All-American. He was inducted into the GTE/CoSIDA Academic All-America Hall of Fame in 1998.

He was drafted in the second round by the Baltimore Colts in 1972 and played briefly in the NFL. Mildren returned to Oklahoma, got involved in the oil business and later entered politics."

He went on to become Oklahoma's Lieutenant Governor. He was 58. Thanks Jack, for one of the greatest college football games I ever saw, I rooted for you. Oklahoma VS Nebraska. Sorry you lost Jack, Nebraska was just the team that was ahead when the clock ran out. More →

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Friday FLDS News Roundup.

Now comes the saber rattling to save face;

The Deseret News - "(Allison Palmer) The San Angelo, Texas, prosecutor said her office and the Texas Attorney General's Office continue to sort through the evidence that was taken last month from the Fundamentalist LDS Church's YFZ Ranch. They are mostly looking for evidence of crimes against children, but Palmer said bigamy prosecutions are also on the table.

'It is a statute. It is against the law,' she told the Deseret News Thursday. 'If we uncover evidence of bigamy, we will prosecute it.'"

Be sure to bring Harry Reid with you. Pack a big lunch.

"Salt Lake attorney Rod Parker, acting as a spokesman for the FLDS Church, said there will be a legal battle if Texas prosecutors pursue such charges.

'If they bring a prosecution like that, they will find that the statutes they will rely on are unconstitutional,' Parker said. 'If gay sex in a motel room is protected by the Constitution in Texas, then polygamous marriage among consenting adults must be protected.'

The attorney was referring to the controversial Lawrence v. Texas case, which decriminalized gay sex among consenting adults."

Also, "Hearings halt as state regroups."

A refresher course for the info challenged.

Delaying tactics aren't working for the state;

"The 4th Court of Appeals denied a request by the Texas Department of Family and Protective Services to delay a hearing scheduled this morning over the planned separation of Lori Jessop and her 1-year-old son, Joseph Steed Jessop Jr."

FLDS families wrote a letter to Gov. Rick Perry who has "not seen it yet."

The AP via The Dallas Morning News - "Perry's spokesman Robert Black said Sunday that he has not seen the letter and couldn't comment."

In the meantime;

"'You would be appalled,' the letter said. 'Many of our children have become sick as a result of the conditions they have been placed in. Some have even had to be taken to the hospital. Our innocent children are continually being questioned on things they know nothing about. The physical examinations were horrifying to the children. The exposure to these conditions is traumatizing them.'

Asked about claims that children were hospitalized, state Child Protective Services spokeswoman Marissa Gonzalez said she had not seen the letter and would have to review it before commenting."

Riiiiiiiiiight. And this disgusting lie keeps being advanced by what has to be an informed press;

"Authorities said they have not yet located the teenage mother who's call for help triggered the raid at the ranch."

Try checking in Colorado Springs and asking for 33 year old Rozita Swinton MORONS. If she's not there I have an address or two in California for you to check out and a list of questions for you to ask.

Dawn Knobloch writes the first sensible thing I have seen over at the Amarillo Globe-News, so I'll point to it;

"Still, setting drama and good sense aside, the state of Texas, buoyed by media support and the public's overripe mistrust of religious 'cults,' continues to pursue its investigation of a case that was flawed from the outset."

Read it all, the media is waking up. Be sure to stop in at the always excellent "Plural Life" by Brooke Adams.

This article also at the Salt Lake Tribune;

SAN ANGELO, Texas - "Tina Louise Steed had just one question for a judge who declared her an adult Thursday morning.

'I'm wondering how come they wouldn't believe my ID in the first place?' she asked Judge Jay Weatherby."

Proving that the facts weren't important to Texas CPS.

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Unfinished FLDS business

It's not over for the FLDS, it ought to be, but it's not. The exchange between Judge Andrew Napolitano and E. D. "Rip 'n Read" Tarbox Hill over at Fox News shows how much ignorance on the issue there still is.

Perhaps the Judge didn't get the word in edgewise while E. D. was popping her cork but he neglected to mention to Ms. Rip 'n' Read that there had been no documented harm of a sexual or violent nature to FLDS kids at YFZ. CPS had an imploding list of "underage pregnant/had been pregnant" girls that was being eroded from both ends. It seems evident now that my analysis of the reasons CPS went back to the ranch is fairly accurate, I had the view that it was mostly desperation on the part of CPS and that they were running low on potential victims so they went back to get more. They were trying to save their case.

Ms. Rip 'n' Read was still spewing the unsubstantiated and relying on the notion that real harm was occurring as a result of FLDS teachings. Our "Dirty Laundry" award winner seems to not realize that no matter how counter intuitive it may appear to her inflamed sensibilities, the acts she fears would result from such teachings, weren't happening. There are many still reading Ellen Goodman's stupid (no other good word for it folks) column and believing her abbreviated fact set and listening "Bleached Blond" tell us what she fears is going on, that in fact, is not going on at all. It will take a long time to clear up the public perception that those things the FLDS were alleged to have done, simply had not been done.

Something might still be discovered but I pray Texas now has good enough sense to let it just drop. Whatever they might discover wasn't what they had a warrant for and wasn't what they thought they saw upon entry into YFZ and they should just let it drop. That will be hard to do for people trying to hang on to their cash, their jobs and possibly their freedom.

There is also the matter of Rozita Swinton. Up until this point my ongoing search for the truth about her background and friends has led me to the doorstep of her apparent foster parent and there I've run into stonewalling and roadblocks.

Paula Underwood Winters, the publisher for that apparent foster parent's books wrote a fluff piece on Rozita that among other things said that Rozita went on a mission to El Salvador and said she was Mormon. Well, she wasn't a LDS missionary, that I have confirmed in my own research.

Chasing down the elusive "Kate Rosemary" aka "Merry Cate Noel" (now know to be Mary Catharine Nelson) has led me to the bay area of California. I have found her blurb writers out there, Martha Whitmore Hickman and Peggy Ann Way. I have phone numbers on Martha and Peggy. Peggy's answering machine is full. Martha doesn't return calls, but does return emails.

I've asked Merry Kate Rosemary Noel via email the point blank question; "Are you Rozita Swinton?" Her answer was to refer me to Rozita's lawyer David W. Foley of Colorado Springs and told me per agreement with him, she would not talk about Rozita. Mr. Foley would not return my calls. Remember, this is from a woman that already has tried to promote her two books using excerpts about Rozita shortly after Rozita was arrested. I'm hardly invading her privacy.

Why would a woman who is Rozita's foster parent have trouble answering if she was a seperate entity from Rozita? We know Rozita makes up fantastic stories some of which are repeated as fact by Paula Underwood Winters in the Westview. We know she has claimed many personalities. We know she pretends to be many different people. Is she her own apologist in the form the author of books that show her in a one dimensional warm fuzzy way? I've read the excerpts, they amount to "Rozita is just the nicest person, ever." Two books that say "Oh what a really really nice person Rozita is." They start getting published about the time that Rozita starts going on her calling spree.

Martha for her part was asked if she knew "Merry Kate Rosemary Noel" and she acknowledged that she did. She was also asked if MKRN was white and if she had met our apparent foster parent. She answered that MKRN was white. I repeated the question to her about having MET MKRN in person. She refused to answer.

This is a story. Maybe not a big one but it is a story. It should not slip between the cracks. Rozita is being treated with extreme deference. Apparently, she still has her job, but her employer says she's not around. Her apparent foster parent protects her. Her apparent foster parent's publisher writes gushy but false articles about her past, supplied with "facts" from whom? She has a support group that seems to be living in and around the bay area of San Francisco. Shortly after I published the story that Mary Kate Rosemary Noel was talking albeit sparingly, to me, I got an explosion of web hits from the same area the emails came from, all searching for "Rozita Swinton" and winding up with my blog as a result.

Rozita Swinton has done great damage. She is not a Tragic and Sympathetic figure. She has set in motion events on an ever larger scale throughout her recent life that have cost tens of millions of dollars and disrupted lives and could very well have caused loss of life. Her court records are sealed. Her all female support group won't talk and that stinks. More →

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The Judge tries to explain to clueless talking head.

Go to "I perceive." You'll laugh and be horrified at the same time.

"Bubble Headed Bleach Blonde comes on at five...she can tell you 'bout the plane crash, with a gleam in her eye..."

(Dirty Laundry)

Otherwise she has all the intellectual depth of dew on pavement. More →

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Bookmark these blogs, watch, read, and learn.

The Texas Appellate Law Blog, the ABA Journal, and the Supreme Court of Texas blog. More →

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Praise the Lord.

There is only one power to give praise to for this turnaround. The God of Abraham, Isaac and Jacob, the eternal "I AM." More →

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State Court Rules CPS HAD NO RIGHT - CPS Case Collapse on in earnest.

UPDATE: Rush mentions it at top of last hour.

I think we can now confidently say that my assertion that the return to YFZ was an attempt to refill the tank is the truth. In addition it showed CPS desperation.

EARTHQUAKE!!!!!!!!!!

The Salt Lake Tribune - SAN ANGELO, Texas - "A state appellate court has ruled that child welfare officials had no right to seize more than 400 children living at a polygamist sect's ranch.
The Third Court of Appeals in Austin ruled that the grounds for removing the children were 'legally and factually insufficient' under Texas law."

SEE THE RULING!

CONFIRMED CNN!

CONFIRMED FoxNews!

Further updates;

The Salt Lake Tribune - "Meanwhile, status hearings scheduled for some children in San Angelo courtrooms this afternoon have been cancelled, as district judges confer about what to do next."

"However, the district judge who granted custody of the children to Texas child welfare officials has 10 days to comply, said an attorney with Texas RioGrande Legal Aid, which represents 48 mothers from the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints."

Since the Judge's ruling was that Texas law did not place this raid within CPS Scope, I can't see how an appeal works.

CPS, you got some 'splainin' to do....
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The Case Collapses - Now there are 15 adults among the 31 FLDS Underage Pregnant/Were Pregnant Girls.

The case is collapsing;

The Salt Lake Tribune - "Attorneys for the state's Child Protective Services agency have been conceding, one by one, that many of the mothers authorities cited as evidence that the Fundamentalist Church of Jesus Christ of Latter Day Saints committed widespread sexual abuse of girls are actually adults.

They had admitted by midday Thursday that 15 of the 31 mothers listed as underage are adults; one is actually 27. A few are as young as 18, but many are at least 20."

Clearly the main reason to go back to YFZ yesterday was to "tank up." They need more girls because they may lose them all.

This exposes Texas CPS as deluded and desperate. Like Hitler they are moving around divisions on a map. Divisions that do not exist. In this case CPS is seeking children they are STILL CERTAIN exist, but do not.
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Rozita Swinton Update

I just got a call from LDS headquarters in Salt Lake City. A few days ago I thought to call and ask if Rozita had ever been a missionary in any capacity, formal mission or aid, to any locale. A search of the computer records of the main sect of the Latter Day Saints (not to be confused with the FLDS) yielded no results.

Records at the LDS cover all their missions and are online back to a point in time where it would cover any potential Rozita Swinton involvement. Nonetheless my kind LDS assistant dutifully and unnecessarily had the microfiche records searched and they called back today. No Rozita Swinton. I had armed them with Rozita's full middle name and birth date which are available in her arrest warrant.

I have corresponded with the mysterious foster parent of Rozita, who is using the names of Kate Rosemary and Merry Cate Noel. I have two email addresses for Kate and they appear to originate from the San Francisco bay area in California. Rozita's author/foster parent refuses to answer any questions pleading an agreement with Rozita's attorney. One of the questions was whether or not she and Rozita are one in the same. Even this she refused to answer.

I contacted someone I know to be a real person, another published author who wrote a blurb for "Merry Kate Rosemary Noel" and asked if she had actually met the author and if she was white or black. I figured, if the answer is "white" (which it was) then clearly our apparent foster parent author would not be Rozita. But one of the questions I asked went unanswered, twice now. That being if our other unnamed author had actually MET "Merry-Kate-Rosemary-Noel" in person. She will not, as of this writing, answer that question.

Would I at this point bet my life, if I had to, that Rozita and her alleged foster parent author are the same person? No. But I'd be nervous in calling the bet that way. More →

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"The Raid, Part Deux" offers frightening insights into CPS Power.

The Texas Keystone Gestapo returned to YFZ yesterday and tried to get in again. Their actions indicate an agency with no concept of restraint, at least until now. I think their only cause for restrained behavior in this case is that CPS is beginning to have a dim awareness of growing public discontent regarding their actions;

The Deseret News - "Texas child welfare authorities were huddling late Wednesday to decide what avenues to pursue. Because they are a civil agency, officials noted they may not need a warrant to conduct a civil investigation. Asked if they plan to return and force their way onto the property, CPS couldn't say."

What kind of "civil investigation?" Does this mean they can conduct armed warrantless searches of YFZ or your home for that matter? Will they sue YFZ for children that they cannot produce?

I learn uncomfortable things about the CPS each day that disturb me, such as the fact that not only do they conduct "civil proceedings" with regard to your children, but that they are a "civil agency." A government funded lawsuit machine that can take your kids. A sort of postal service that steals children. Doesn't this frighten you?

What was encouraging was to see CPS floundering at the gate. I think they are clearly a rogue agency, more so now than I ever did before. More →

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Musing on the Raid, Redux.

Over at "Save the FLDS Children" there is a "Raid, Part Deux" watch going on at the moment. I don't know how reliable their information is but there are claims that there are media trucks and police outside the Ranch and rumors that the police are trying to shoo the media away.

I neglected to make this observation earlier when I learned of the second warrantless attempted raid this afternoon, but what is the basis of this second raid, if it occurs? The "Eyewitness" that said there were "children on the ranch" means exactly what?

Has CPS shown at any point that the children are in danger on the ranch? No, not once. So if indeed there is a second raid, not just a second attempted raid, what is the basis? Indeed what was the basis for the warrantless attempt earlier?

I understand that whether I like it or not the child custody issue going on right now is civil. But since there is no crime in having children, if indeed there are children on the FLDS ranch right now, what business is it of the Texas CPS?

UPDATE, from the Deseret News;

"About 5 p.m. Mountain time (7 p.m. Eastern), two Child Protective Services workers and two Schleicher County sheriff's deputies returned to the gates outside the ranch and spoke with (Willie) Jessop. One law enforcment officer was seen wagging her finger emphatically at Jessop, who looked visibly upset."

THEN GET A WARRANT YOU MORON. If I were Willie I wouldn't let you in, whether I had done anything or not. I'm sorry but recent history wouldn't make me submit to voluntary searches that will be grossly misrepresented to the rest of the world.

The AP via the Fort Worth Star-Telegram gives us more;

"FLDS elder Willie Jessop said he wasn't certain whether children were on the 1,700-acre ranch. He added that if there were, they would have arrived with parents who came to comfort relatives after the April raid, which was conducted with a search warrant."

And;

"'If they have an honest complaint, we'll be honest, but we were lied to,' said Willie Jessop, noting that authorities have never produced the alleged teenage girl whose allegations of abuse led to the raid and the removal of all sect children."

I guess Willie DOES feel the same way about it that I do. More →

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An Interesting Entry at the Texas Appellate Law Blog

Just passing along the information in this case, no comment. The Texas Appellate Law Blog.

"Lawyers from across the state have volunteered to represent children from the Yearning for Zion Ranch in El Dorado. Many of the volunteers are neither family lawyers nor trial lawyers and are unfamiliar with the steps required to preserve the appellate record or to prosecute an appeal. These lawyers could use an appellate mentor now."

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Employed

The Modern Pharisee has a Job.

After Tuesday it would appear that God has ordained I not be a full time blogger any longer. More →

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Is it CPS Desperation or are they trying to rattle the FLDS? Both?

Sneaky CPS, Sneaky. While all the FLDS people are tied up in court, try to get back inside to conduct another search.

The Deseret News - ELDORADO, Texas — "Texas Child Protective Services workers were at the gates of the Yearning For Zion Ranch late this morning attempting to serve more court papers related to the massive custody case involving children seized from the property of the Fundamentalist LDS Church.

Schleicher County Sheriff David Doran told the Deseret News his office was merely accompanying CPS workers while they served the documents.

'We just sent a marked unit to the gate,' the sheriff explained, referring any additional questions to the Texas Department of Family and Protective Services.

Forty-five miles away, a handful of FLDS men bolted from the courthouse in San Angelo and headed to Eldorado after receiving word that law enforcement was at the ranch's gate. Rumors were flying at the courthouse that police had returned to the ranch to search for more children."

What's the real reason?

"They were just looking for more children is all," said an unidentified man standing at the gate of the ranch. "I told them there was none here."

It also serves to physically disrupt the opposition as shown by the panic that ensued among the FLDS men. Divide and conquer.

UPDATE: The Salt Lake Tribune also reports;

"He asked if they had a search warrant; when they answered they did not, he declined to let them enter and they left, he said.
Asked if CPS will now seek a search warrant, Gonzalez said: 'We are conferring with law enforcement.'"

UPDATE PART TWO (the Sequel) Now there's even more;

"Parker said CPS officials told sect member Willie Jessop, who also acts as a spokesman, that they had an eyewitness account that five children were living on the ranch. The timing of the account was unclear and it could be weeks old, Parker said."

Weeks old? Frankly I'd believe Parker or Willie. They haven't lied to us yet. Weeks old suggests it's panic or a dust up of the FLDS to make them nervous, or both. Further indications that CPS has nothing and are now starting to feel it.

Eyewitness? Let's hear it. Was it another phone call? Is this the eyewitness that they had "inside" for four years? Oh wait, that was Waldo wasn't it.

It's hard to know exactly what to think of this though.

Grandstanding? Trying to besmirch the reputation of the FLDS while things are going badly for the CPS in court?

Did they KNOW something and seek to go back when the FLDS were logistically weak? Namely, no one is minding the store and can hide children. I would think they would have had a warrant if that was the case.

Desperate? Do they now need some hidden underage pregnant girls to bolster the case which just MIGHT have lost it's only 14 year old in the 14-17 date range they keep throwing around?
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FLDS Goes on offense over 14 year old.

From the Deseret News. It would appear FLDS attorneys are trying to use the hearings, rightfully so, to correct some errors in the record. This might also suggest that the 14 year old number given to us in the range of 14-17 is populated by only one person and this 14 year old (or others) was/were placed on the list merely to create that salacious date range.

SAN ANGELO, Texas — A lawyer for a 14-year-old girl that is on a list of so-called "disputed minors" said this morning she is not pregnant as Texas child welfare authorities have alleged.

"'My client does not have children. (She) is not pregnant. She's the youngest on the list of disputed minors,' said Andrea Sloan.

The judge hearing the case objected, saying that was not what the hearing was about. But Sloan pressed forward.

'The department is communicating to the public that there are 14-year olds who are pregnant,' she said.

Texas Child Protective Services caseworker Ashley Kennedy said that investigations were still ongoing.

The bombshell was dropped during the hearing involving Adeline Barlow, 38, the mother of a 10-year-old and the 14-year-old."

What this could mean is the FLDS is now attacking the 14 to 17 year old statement by pulling the rug out from under it. If they chip about 10 to 12 off the top, and then find the one or two 14 year olds in the "range and there are no, for instance, 15 and 16 year olds, the house of cards is now one card thick.

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Texas asking FLDS to pay for their own persecution

I'm not the first to mention it. Some things I don't consider to be as important as others. This comes under the category of the big "Duh." Of course they will do this. The news comes when and if the FLDS gets out of this alive, and they still try to bill them for the destruction of their lives.

The Salt Lake Tribune - "One lawmaker on the Senate Finance Committee questioned whether the state could make the adults left behind on the ranch - valued at $20.5 million - foot the bill.
"I would encourage you to aggressively pursue any of those assets to fund this," said Republican Sen. Bob Deuell of Greenville."

Dig deep because there will be a lawsuit if you don't justify this lawless search and seizure. What needs to be watched for is the freezing of any assets of the FLDS so that they can't get to them, during these proceedings.
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Want to travel, and never leave the farm?

Check out Scooter. Go on a vacation without all that expensive gas.

Savor the world's fine cuisine. Ex Pat Chow. More →

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The Incredible Shrinking Pool of Underage FLDS Pregnant Girls.

Of course, those of you who have been following today's hearings know the count is shrinking, there is the recap from The Express-News.

The San Antonio Express-News - SAN ANGELO - "Ten 'girls' taken into custody by Texas Child Protective Services have convinced the agency they are really adults and more are expected to be similarly reclassified this week, weakening the agency's claim that dozens of underage girls were forced by a polygamist sect to have sex with older men.

On Tuesday, six more 'girls' were deemed adults, including 27-year-old Leona Allred, whose lawyer insisted CPS knew from the beginning that her client was an adult.

'My client showed them the same documents they showed them from the beginning: a valid Arizona driver's license and a birth certificate,' Andrea Sloan said."

Oh you have to be kidding me. 27? If she identified herself isn't this wrongful imprisonment?

"But also Tuesday, two cases came up that revealed girls as young as 15 and 16 had been unified in spiritual marriages with older men.

One of those girls, now 19, was ruled an adult by the courts but not before she said in a conference call to the court that she could have been no older than 16 when her daughter was born on Aug. 19, 2005."

Ooookay. But what have we learned on the Blog so far Class? Texas law was changed in 2005, and the first of the changes went into effect when? That's right class, September 2005. This means that while it's the kind of thing Texas claimed is going on now, this event occurred in 2004-2005, when it was legal. All smoke and mirrors.

"And in another courtroom, information gleaned from the records of a 17-year-old indicated she had to have been 15 when her first child was born."

Ok, two years ago she was 15, that was 2006 when the child was born. Unless we are told when the child was born and if the term was normal, again, there's nothing here. If our 17 year old is 14 and gets pregnant in late August 2005 in Texas, again class, what does this mean? It means no violation of law is demonstrated. The remaining four months of 2005 expire and the child is born in May of 2006, when the young lady in question is 15. Again. No violation of law.

If however they can demonstrate that she became pregnant in September of 2005 there might be something here. Typically CPS leaves out salient details like this when they want you to THINK something wrong happened, but when they know nothing wrong happened. Mark this in your program. CPS might score here.

"CPS spokesman Patrick Crimmins denied any suggestion that the agency's massive case may be on the verge of collapse, adding: 'The numbers aren't important to us.'"

Really? Thank you Captain Obvious, we did not know that.

"What is important, he said, is that the children that were purportedly abused are now safe and protected. He said CPS was stymied by the conflicting and false information given by families, which made establishing ages nearly impossible."

These must be new definitions of the words "safe" and "protected" that I was previously not familiar with.

"He added that his agency never intentionally misled anyone when it said it believed it had more than two dozen females who were being sexually abused as minors."

Nah, holding a 27 year old as underage when she has both drivers license and birth certificate, that's not "intentionally misleading anyone." Offering us the fact that a minor gave birth in August of 2005 who as "of age" at the time, before the law changed, that isn't misleading either.

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FLD$ Check Please!

Oh, I do love these occasions when I get to look into the future. In a story dated Wednesday, May 21st, 2008 (tomorrow).

The Austin American-Statesman - "With court costs expected to top $2.25 million — even before lawyer fees are included — legal proceedings from April's raid on a polygamist group's ranch near Eldorado promise to be a budget buster for rural Schleicher County."

We'll never know how much it costs to catch the guy (if they EVER catch him) that had sex 4 years ago with a 14 year old. Or maybe it's the guy that had sex one year ago with a 16 year old....if they exist at all. It's nice to keep a running tab on what we do know Texas is paying.

Wait until the hearings start. This is starting to be a major line item on the Texas budget. People want to see their FLD$ criminals doing the perp walk. They're not getting their money's worth.

You know we could solve all of this by just having all the prosecutors do this pro bono. More →

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The Ever Weirder Case of Rozita Swinton

I have corresponded (I have every reason to believe) with Kate Rosemary aka Merry Cate Noel who may yet have one or two more aliases that I can think of. I have no reason to believe that either alias is an actual person. I have been told that Kate Rosemary is the pen name of the author of the two books that are quoted by the "Westview" and by KRDO.

Among the questions that Merry Kate Rosemary Noel refused to answer, per agreement with Rozita's attorney was whether or not she herself was Rozita Swinton. Lest too much be read into that, I would say there are other reasons that Rozita's apparent foster parent might not wish to answer any questions. This however is truly curious.

I identified myself as who I am and what I am doing. I asked the following questions;

"One, that you are not Rozita Swinton herself. This is a small possibility but one that needs to be eliminated.

Two, who you are. I am told Kate Rosemary is a pen name, a 'nom de plume,' but that 'Merry Noel' might in fact be your name.

Three, that the 'Rozita' of your book is the 'Rozita Swinton' of the FLDS case."

Her answer was to refer me to Rozita's attorney with whom she says she has made the agreement not to speak to anyone else.

To be clear here. Ms. Swinton's apparent foster parent is an author and deliberately drew attention to herself in offering her two books in which she says Rozita appears. Those books are drawn on by the "Westview" in articles that contain extremely flattering portraits of Rozita. The article draws on other sources that are not stated to paint a picture of abduction, abuse, wild travel through Texas and into California, eventually winding up in Colorado. At some point Rozita is claimed to have served as a Nanny in Utah and wound up LDS (not FLDS) and went to El Salvador as a missionary.

I have confirmed directly with the LDS church that Rozita was never a missionary. The picture of her in the "Westview" is an extremely personal sort of picture, one that would have had to have been provided to her foster parent or the "Westview" from Rozita's own collection. That picture could easily have been taken by Rozita just about anywhere in Tennessee or Colorado but is allegedly a picture of her in El Salvador. I conclude so far that both the publishers at Westview are her friends and protectors and that her apparent foster parent (Merry Kate Rosemary Noel) is also her friend and protector. I think she should at least answer the question as to whether or not she and Rozita are one in the same. At this point I rather doubt it. It was denied once rather confidently by Merry Kate Rosemary Noel's publisher, but she has not denied it and says she can't speak, by agreement with Rozita's attorney. Odd. More →

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Make that 40,000,000.00 Texas FLDS Dollars

And government estimates of cost can always be relied on to do one thing. Go up.

The Houston Chronicle - AUSTIN — "State lawmakers started adding up Tuesday the "extraordinary" costs related to the raid on a polygamist sect's ranch last month and began trying to figure out where to find the expected $30 million the case will eventually cost over the next year."

"Over the next year" means "apart from what we've already spent which you think is $10,000,000.00 but is probably a lot more." Anyone care to guess if this is going to end up costing $100,000,000.00 in the end not counting lawsuits that may result? Remember Texas taxpayer. The state has NOTHING and they just busted up one of the biggest taxpayers in one county. More →

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The Count of FLDS "Children" continues to fall

Before I went out of town today, the official count of FLDS "Children" in custody was 463? It's hard to keep track. It's now down to something in the 450's. These were the "underage teens" now counted as adults.

The San Angelo Standard-Times - Courtroom A and D - Jayna Boyle

"The count of children continues to fall - at least five non-suits were filed this afternoon in two courtrooms as CPS acknowledged that cases they thought involved minors actually involved adult women."

More →

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Identical plans prove CPS has no crime to charge any FLDS member with.

If the State of Texas was going to make some revelation about the treatment of the 400+ children, they would have done so today. The plans though, were all the same. Some were not even turned in until the last minute.

The Deseret News - "Nancy Delong, who represents Carlene Jessop, a mother of four children in state custody, attacked the plan in court, saying it is not specific to her client.

'The plan that has been filed is not specific to Ms. Jessop,' she said.

'It is specific to Ms. Jessop,' Joni Manske, a Texas Child Protective Services worker replied.

'It's specific to Ms. Jessop, just like it is for 400 other children?'

'Yes, ma'am.'

Delong also criticized the many requirements necessary for her client to be reunited with her children, which include open-ended suggestions such as parenting, psychological and vocational classes. Those requirements are in addition to Jessop's weekly visits with her children, who are scattered in facilities a day's travel apart.

'What are you going to do to help her?' Delong asked the CPS worker.

'I don't know the answer to that,' Manske replied."

This is a classic totalitarian show trial. The only thing missing are the false charges that have been alleged up until this point.

It is also clear that CPS does not care one bit about about the parents in this case. They believe that the parents are all guilty of having a religious belief that CPS does not approve of. There is no smoking gun crime that any Special Prosecutor has found. There is no systemic abuse other than religious belief. One of the plans would have shown that, but none of them do.

Texas has admitted that they can't find any crime until they compel parents to testify against themselves. Only if the admission of paternity and maternity combine to show an underage sexual relationship with an older man will there be a crime. They don't know who the victim is, they don't know who the offender is. If they can't find it in this round of forced "discovery" shamming as a custody hearing, they're hoping to find it in DNA evidence.

If there is no crime, there is no abuse. At least no abuse that Texas knows about. Stop it now. More →

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Sign the papers. Or else.

Plans are being signed by FLDS mothers. Sometimes not.

From the San Angelo Standard-Times - "Attorneys for Kathleen Steed were granted a break to talk with CPS workers about amendments she wanted added to the service plan for consideration. After a 30-minute break, Gossett said Kathleen Steed would sign the service plan, but that she doesn't 'agree with allegations in the service plan.'

She also wrote her 'hopes and dreams' for the children, which was added to the service plan.

Gossett asked whether Kathleen Steed read the service plan and she said yes. Then he asked whether she understood the service plan.

'Yes,' she said softly, 'but it's very broad.'

'I just asked if you understood it,' he said.

I would like to ask the Judge Gossett if he understands this is coercion. Extortion. Emotional abuse.

"The supervisor said CPS intends to allow the children to continue with home-schooling. CPS workers will observe how parents interact with the children.

'I did not discover until last night that a service plan had not yet been created,' she said."

You don't have the right to review what's in your plan, just sign it. Sign the papers.

"One of Warren Jeffs' 'wives' agreed to sign a plan developed by the state's Child Protective Services agency that could eventually reunite her with two of her children, while another of Jeffs' wives said she would follow the plan but would not sign it."

More →

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LDS Church denies Rozita Swinton ever a Missionary

It never occurred to me before to pick up the phone and just call. I called LDS headquarters and asked if they had a central registry for LDS missions. They did. I asked if Rozita Swinton was ever a Missionary. In doing so I gave the LDS her birthdate which is published on her arrest warrant and one of her primary aliases, Dana Anderson.

My contact there indicated they would have asked for identity confirmation. The LDS keeps a record of all it's missionaries. Rozita Swinton was not one of them. It had been reported that Rozita had been on a mission to El Salvador by the "Westview." This now apparently false report had been repeated elsewhere in the media based on that Westview story.

The LDS church is double checking some microfiche records to see if she may be included there on another sort of mission. I'll keep you posted.

From what I hear she was also a no show at the Colorado Democratic State Convention in Colorado Springs. More →

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