Tuesday, September 23, 2008

More Nonsuits, FLDS pulls out of Evidence Challenge

In a move that probably was inevitable, the FLDS Church itself has ceased to challenge the warrants.

The Deseret News - "The motion lists several reasons why they are withdrawing the challenge. Most notably, none of them have been charged with a crime.

'Accordingly, movants are not "defendants" in any criminal proceeding,' attorneys Daniel Hurley and Cynthia Orr wrote."

I'm no legal eagle so I'll take their word for it. They have no iron in the fire, even if they would like to have. The FLDS is saying they have to have standing, which they have to have, and don't. Since there are persons charged in this case, there will be a challenge since those persons do have standing. The state in it's response though, did seem to show it's entire hand, including claiming that certain entities had no standing.

At the same time, Texas nonsuits other children, bringing the "nonsuit" total to 300 out of 439. That's more than 68% of the kids (that actually were kids) taken into custody that Texas is saying have no case.

"On Monday, CPS filed to have four more children 'nonsuited,' said agency spokesman Patrick Crimmins. That brings the number of people dropped from the case to 300. The Deseret News tally includes 26 FLDS women that CPS initially believed were minors, but eventually conceded were adults."

The numbers are so confusing that intially no one could come up with an accurate account of kids in custody and some of them, 5.5 percent of the Deseret News accounting, turned out to be adults. Overall of the 465 persons initially termed kids in danger, over 7 in 10 have been "nonsuited" or dropped altogether.

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ztgstmv said...

When the hell are these parents going to sue the case workers who put them and their kids in custody, interrogated them without reading them rights, and falsely imprisoned them?

The Pharisee said...

Perhaps I misunderstand this, but it is only those charged with a crime that may challenge the evidence. So far that is only the six men indicted by the Grand Jury, one of whom is charged with a misdemeanor, the other five being charged with felonies.

ztgstmv said...

Those six can and should challenge the evidence. The authorities had no or bogus probable cause to search the temple, and zero probable cause to search the individual houses and apartments.
Other than of course, "they're all FLDS, so there must be some bigamist child rapists among them.

Well on that reasoning, let's just figure in New York there's gotta be some tax-evaders, so let's turn the entire city upside down!

Anonymous said...

They are going to challenge the evidence Z, keep your shorts on!! :)

Me said...

This is a strategic move to get around Barbie O.K.? Don't give up.