Wednesday, July 15, 2009

A Presumptive Crap Sandwich - The State in the Motion to Suppress

I've read most of both motions/filings now in the FLDS motion to dismiss.
The State most makes a list of "Findings of Fact," 54 of them each about a short paragraph long. There are then 15 more "Conclusions of Law" most of which are equally brief and look as if they were assembled by a law clerk.

Whereas the defense makes great effort to cite examples and testimony and links all to law cases that are carefully explained, Texas does not. Either the fix is in and the State knows it and expects Walther to just sign the order, or they've lost, and they know it. From my vague understanding of law they cannot carry forward new arguments to the next appeal so they either expect to win it here, get to trial and dare anyone to overturn a child molesters conviction, no matter now unjust, or they just plain know they've got no case.

The State's filing is a sandwich of bad, brief explanations that look like a half hearted paper worked on the night before it was due, barely better than an outline. It is book ended by Orders, ready made for Walther to sign, denying the motion.

Here ya go judge. You know what you're SUPPOSED to do. They've even got Judge Walther's name already typed below the signature spot. They expect her to sign it, they don't care what anyone thinks and they're assuming she will not recuse herself.


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