Saturday, August 29, 2009

What you wanna bet it's delayed again?

Shoot YOURSELF in the leg, go to jail for two years and lose a lucrative income. Kill dogs (done regularly overseas for dinner), lose lucrative job, go bankrupt, lose even more lucrative endorsements, go to jail for two years. Threaten 439 kids and narrowly miss killing them?
Write blog posts about how the FLDS are brainwashing children and abusing them. At least, the blogger puporting to be Rozita does.

All of this suggests that this scheduled probation violation hearing, at least didn't go against Rozita. Look down the page about half way, she's right next to Plaxico (What 2nd Amendment rights?) Burress.

You really can't depend on the Colorado Springs Gazette which has taken a yawning attitude towards it's currently most famous adoptive daughter. They've done two stories on her, both sourced from the AP in the last year. Some local reporting.

It now looks as if the Ruling of the Suppression of Evidence is probably going to come this Friday. (Why Mr. Pharisee would it be this Friday? Because it's a long holiday weekend and it'll get buried!) Either that or as has been suggested by Anti FLDS forces, Walther will rule on the evidence suppression in each case individually as they come up in trial. This is important because of my predictive rule on FLDS related cases:
"If Allen (Steed) plea bargains, (Warren Jeffs') rape conviction ceases to be wet concrete and sets. If Warren is snugly in jail on felony rape for a while, panic eases for the prosecutions in other venues because he won't be going anywhere. Avoidance is less necessary for Texas with regard to Rozita, and they may choose to dismiss her 'minor' misdemeanor case as Utah and Arizona already have, without much investigation, Rozita then can say she didn't violate her probation with the call to YFZ in April of 2008 and she doesn't have her deferred sentencing deal processed, and goes free. So expect David Foley to try to delay things again. It's his specialty in Colorado Law."
Allen legally flipped off the prosecution this year, just like he did a year ago, but this time upped the ante, chosing to go for outright dismissal of the case based on the statute of limitations.

Since nothing, no report at all, came out of the probation violation hearing last week, I'm guessing (that's guessing, not absolutely stating) that we have another trial delay on tap for Monday. Seriously, was this ever a real trial date? Starting a trial the week BEFORE the Labor Day Weekend?

Only a few things only can come out of such an inconvenient date. Another delay, or some form of deferred sentencing agreement, dismissal or plea bargain. It is kind of hard to plea bargain down the extremely minor charge Rozita already faces. But again, Rozita has brought a gun to a knife fight, continues to manuever in the court system better than Bernie Madoff did and will probably delay this all, again.

Texas must resolve it's issues, before Rozita can resolve hers. Utah must resolve their issues too. So must Arizona.


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23 comments:

Xorphshire said...

Interesting angle there on the possible reason Walther isn't ruling. Sort of as if to say, "Yeah we got illegally, but let's get all the mileage out of it we can."

The Pharisee said...

When the facts are not on your side, generally, you're in favor of delays.

If there's something out there that might be discovered that is not in your favor, you generally want to speed things up.

In general, Walther seems to be trying to get the trial in front of the evidence ruling, or as close to it as she can.

That says discovery, in general is not in her favor.

The dragging of feet on the Motion to Suppress says that she doesn't think her chances are good.

It's been my position all along that Walther wants to get the trials done and over with before her ruling on the Motion to Suppress can be overturned. It's intersting that those who want to "get" the FLDS are applauding this move in a strategic way.

That says they don't believe the case against suppression is strong.

Walther wants convictions prior to a possible reversal of her ruling because she wants heavy play on the salacious trial details to intimidate any judge planning to rule against her.

Xorphshire said...

I have to agree. Very insightful. That last paragraph sounds like her style.

But now I wonder all the more why Raymond's is first.

Dale Kemp said...

It's a very big house of cards that have been stacked up. Wouldn't it be nice to see a few cards kicked out of the bottom so that the whole thing comes crashing down?

We shall see...

Jam Inn said...

Hugh such towering agreements from Xorpshire and Dale 'She must be a Lesbian' Kemp, you got to feel assured of all of your positions and views which such august posters in your corner.

Have either ever disagreed with that felon Bill Medvecky and now they totally agree with you, too funny!

The Pharisee said...

I dunno, the only thing I agreed with Bill lately on was the fact that "pro hac vice" is the proper spelling of the legal latin phrase.

"Pro hoc vice" is shown to be the common MISSPELLING of the latin "pro hac vice." No one has submitted proof to the contrary, except for numbskull's claim that Bill was wrong.

Bare minumum, Bill is right, and the misspelling may have become so common as to be accepted as well, making Blues (numbskull) right as well, but wrong about Bill being wrong, and a user of legal gutter slang as opposed to proper language.

Xorphshire said...

Disagreements? Sure. But I don't rave on about them like a gurgling goblin. I focus more on the things we have in common.

Your extended name for Dale kinda makes me wonder. Besides your anger and frustration, is there something else you're trying to tell us?

Jam Inn said...

Xorpshire you last posted to me here and asked much citizenry right to express my views when I shared the facrt that I'm a decorated military veteran and asked you your s military service you not only 'sheeped-off' you never responded. So I take it you don't have any proof of your loyalty or patriotism, would that be right? Are you just a subversive critic and anarchist?

I can respect Hugh but you seem to be too much of a Medveckyian for my taste, you need to think more for yourself and put your own opinion up and just not agreeing with other's opinions, capece`?

Xorphshire said...

Oops. Sorry about not answering your question about my military background. I'll get that cleared up when I can properly summarize it in a comment that won't be too long.

But I gotta ask: What does patriotism and military service have to do with any of these issues we comment on? What would it matter if I were in the Navy during the first Gulf War? I'd rather stay on topic when commenting on people's blogs.

I'll warn you now though -- you may be in for lecture on patriotism. It's a word with a definition that grows more vague as time goes on. And I suspect you have a fuzzy idea of it.

As for my opinions, I'll save them for my own blog. For now I like to chime in and agree with those who express a thought better than I can. :)

Jam Inn said...

Well, Xorpshire the Navy sent the knock out blow in the First Gulf War during the first day of fighting. A fifty missile salvo effectively decapitated the Iraqi War effort which lead to the Armys collapse in the South, retreat and negotiated peace within 35-Days.

I just wanted to know that I'm not talking with some right-winger who hasn't served his country and fancies himself a patriot by birth or religion. You know that," U.S. Constitution hanging by a brittle thread" belief.

Your not exactly an opinion maker, now are you, hardly?

The Pharisee said...

Just to be topical.

It was delayed again. I have as yet, no new date.

Xorphshire said...

Very good Jam. I googled the same info too.

I'm right about your erroneous definition of patriotism, but I'll spare you the standard lecture. I also won't go on about my "militarily decorations" here. In my experience, usually only women veterans tie to those things and use them as a societal anchor anyway.

Thanks for the topical reminder, Hugh. I'll try to back off on the arguing. Besides, I've never yet seen anyone switch sides because of an argument. I'll work on being more opinionated... LOL.

The Pharisee said...

In my experience, readers switch sides, but not the combatants, as a general rule. Knock yourselves out.

Jam Inn said...

Well the New Volunteer Force gender doesn't matter, as much. That's one reason I would like to see the FLDSv females get High School or GED equvalency degrees, their fighters, you can leave the P-hood safe at home.

Next Court date is third week in October but that date isn't
going to come to trial, either. Think the Texas AG is going to bring misdemeanor charges against an out of state misdemeanor suspect?

The Pharisee said...

In this case they ought to Jam, otherwise they are shown to not want to know the facts.

Jam Inn said...

Maybe instead of assuming that they are controlling the situation maybe there just isn't enough evidence or facts to bring to trial. Looks like the hoax caller is going to have the current charges settled and no Texas charges filed? Seems to make your blog look a little quick in the declaration of guilt when the charges are never brought. Is this yet another conspiracy are there no other explanations?
If charges are never brought do you ever apologize for rushing to judgment?

The Pharisee said...

No,

I've done too much research. Clear evidence that she did not make the calls might dissuade me, but then we'd have to look closely at her former room mate, Becky Hoerth.

Jam Inn said...

Hugh if your going to consider Becky as an alternate suspect? How do you explain calling the first suspect a, "Towering Idiot" and guilty of putting 439 children's lives at risk? You seem to go off on one party when another party might be responsible, is that even fair?

The Pharisee said...

You're hypothetical which I entertained for the sake of discussion was that Rozita did not make the calls. It is all but formally proven that she did, she's plead guilty, in addition, to a similar offense in Douglas County which was what her probation violation hearing was all about on Thursday, August 20, 2009.

It's highly HIGHLY unlikely that someone else called. But assuming the Highly Unlikely did occur, Becky Hoerth is the next most attractive candidate for making the call. It was believed by LE during Rozita's arrest that Becky "knew more" that she was saying.

If it wasn't Becky and it wasn't Rozita, then LE is the third most likely candidate, having had possession of Rozita's phones at one time.

The appellation "Towering Idiot" comes in part from the fact that if indeed as is most likely, Rozita made the calls, the flaming dimwit made her calls from phones already demonstrated to have been used in another crime nearby, to which she had plead guilty and received a deferred sentence.

You are aware that the circumstances of those charges to which she plead guilty very closely parallel that of the allegations made about "Dale Barlow" at YFZ?

Jam Inn said...

Yes, i am aware but association to a past plea is useless in a Court where facts, evidence and witnesses prevail.

You are aware that when Dale Evans spoke with Sheriff David Doran he was told to turn himself in to his local area authorities and instead he waited until mid-morning the next day to appear in his probation Officers Office, instead? Where was he during the ensuing night and why the failure to comply? Was he maybe racing back to Short Creek trying to avoid a parole violation or create his alibi? Will this be evidence brought out in the trials? Are there photos of Dale Evans on the YFZ Ranch during the Temple dedication? You see hypotheticals are endless and not factual?

The Pharisee said...

You're suggesting there was a real Sarah Jam? Why did the real Sarah use Rozita's phones (which still work, last time I checked)?

Dale did not abuse a young bride at YFZ, there is no Sarah. If Dale was AT YFZ at any point, and there are photos to prove it, then that's real news I think would have been brought forward.

If you have those photos and you send me copies and I'll publish them. Otherwise they're no more reliable than the supposed photos of Noah's ark that used to exist (or so someone says) and that they say they "saw."

Jam Inn said...

Come on Hugh do some thinking the Temple under construction was given the top priority and had to be built ASAP. Dale Evans Barlow was one of the more recently persecuted and convicted Arizona offenders. You don't believe he had the golden ticket to be a 'TempleBuilder'? You think he took a conviction and was forgotten in Short Creek during his probation? I thought all the loyal 'TempleBuilders' got new young Child Brides? Wasn't Dale Evans in good standing with the Prophet? Look around the YFZ Ranch weren't most of the 'TempleBuilders' given Child Brides? Sarah's story makes no sense and the men are not often called away from home on FLDS Church business and wives are left wondering where they are or when they'll return? Sheriff Doran states that he had a informant for four years during most of the YFZ Ranch occupancy? If it wasn't Becky Musser, Elissa Wall, Carolyn Jessop or Flora Jessop, then whom was it?
Does Dale Evans Barlow have any particular skills that would make his presence needed at the YFZ Ranch?

The Pharisee said...

So, you've got Dale Evans Barlow for probation violation. Except no one in Texas at the time of the raid thought he was there.

Show us the evidence. Within physical possibility, anything is possible. You say there are pictures. Show them.

Nevertheless, these are all distractions. The calls were made from Rozita's phones.