Friday, December 19, 2008

Rozita's Infinitely Regressed Deferred Sentencing and Non Trial.

A useful model for understanding when the trial of Rozita Swinton will occur is; not before any trial involving FLDS members stemming from Warren Jeffs Rape by Proxy conviction or the trial of any member of the FLDS indicted as a result of the YFZ raid. As the date approached for Rozita's trial it was....lessee, please check with our Rozita Swinton Trial Date Estimator....delayed.

"Rozita Swinton was scheduled to go on trial Jan. 6 on unrelated charges stemming from a hoax call in Colorado Springs, Colo. El Paso County district attorney's spokeswoman Lin Billings said in an e-mail Friday the trial was vacated after a 'request for an extension of time to complete Ms. Swinton's mental health evaluation.'

Swinton, 34, is accused of pretending to be a 13-year-old girl who was drugged, chained in a basement and being sexually abused. Colorado Springs police searched door-to-door, only to be told by a counselor that Swinton suffers from a multiple personality disorder.

The Deseret News first reported in October that Swinton was entering inpatient mental health treatment just as she was facing a probation violation stemming from a false reporting conviction in 2007. She struck a plea deal with prosecutors in Castle Rock, Colo., getting a deferred judgment that required her to undergo an evaluation, get treatment and take all medications as prescribed. Swinton's arrest in Colorado Springs earlier this year placed her probation in jeopardy."

Oh really? I did not know that. Instead of delaying her trial, it seems that they're deferring prosecution as well to void any conviction so as to then not violate her probation that was conditional on her getting help and not getting in trouble again, all over a misdemeanor beef. All this trouble to deal with something that won't go on her criminal record? All of this legal help that costs money, all of this mental evaluation, that costs money, all while she's not working. She was a renter with a low level job for goodness sake. She's been out of work you have to figure, the better part of 7 months. Who's paying for all of this?

Beyond it's FLDS implications this is a commentary on our justice system. The defendant keeps getting deferred prosecutions or deferred sentencing so as to never come to a reckoning with the court for the first mercy she received. Rozita wasn't supposed to get in trouble again but does, so we then make another deal, like the first one that she not get in trouble, so we can then say she never got in trouble, so that we can say she never got in trouble so her deferred sentencing deal (which depends on her never getting into trouble) doesn't get broken.

Arizona dropped a case involving Rozita making a prank call. That would have broken Rozita's deal. Utah dropped a case involving Rozita making a prank call, that would have broken Rozita's deal. Both were calls very similar to the one that sparked the YFZ raid but of course Arizona never took the call seriously in the first place, and neither did Utah. But Texas did. In the end it seems to be the intention of Texas not to take that call seriously either, or they would be prosecuting and investigation Rozita, which would bust her deferred sentencing deal.

How can you then prosecute the FLDS for things discovered in connection with a call you obviously didn't take seriously? Texas can only prove it was regarded that way by prosecuting Rozita, and they're not going to.

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