Tuesday, May 06, 2008

Questions and answers arising out of the FLDS Special Prosecutor Order.

We know ONE warrant has been canceled. What's the other one? I don't offer this as a great new insight, except I've never heard exactly what the other warrant is about. It's a "search warrant" but what can they be searching for if there is no Sarah? Why can it still operate? Is it still operating? From the updated Salt Lake Tribune article.

"The judge instructed the Texas attorney general to consider all cases arising from two search warrants served on the YFZ Ranch."

All I know of is the one canceled warrant for Dale Evans Barlow.

I am sure that other people already knew this as well, but the child custody issue, is civil.

"Legal experts have said any criminal prosecutions could be jeopardized by the apparently-faulty information contained in the original warrant served on the ranch. But lawyers also have said inaccuracies will not be an issue in the civil proceedings determining child custody."

I did not know that. SHOULD have, but I did not. So now I know. This is one of my great gripes about the evolution of American Jurisprudence. You can conduct a civil action which depends on facts that should create a criminal action, but you don't have to establish criminality to proceed with the civil action. In this case that means, children are being treated clearly as property. A suit is filed, custody of that property is argued, and God help the FLDS because there is a huge highly funded lawyered up state agency plodding mindlessly towards one goal. Keeping custody of the property. The kids.

Possession is also 9 tenths of the law. The state HAS the kids and it's going to be like trying to get past a wolverine in its den, to get them back. It's not because the state cares, it's because they are a mindless and ill tempered animal.

The kids are also property in the sense that they are EVIDENCE. The state will fight to keep them because they represent the treasure trove of information on which they will build cases they do not know about yet. Be ASSURED, they know of no case they can prosecute, because they are not.

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1 comment:

Anonymous said...

Here is a good article that explains your questions about the warrants: