Friday, September 04, 2009

Spin, Spin, Spin goes the Media

It really doesn't matter which side of the Warren Jeffs/FLDS oppressed, Warren Jeffs/FLDS foundationally evil you fall on, this is classic spin.
Without linking to, or providing a copy of the actual order, Jim Seckler and the Mohave Daily News spins the coverage marvelously, portraying a complete and utter defeat for Rebecca Musser and Texas as only marginally positive for Warren and his attorney Michael Piccarreta.
"(Steven) Conn granted Piccarreta's motion Wednesday to formally interview Musser. The judge did not address a request for the county attorney's office to pay for Piccarreta's expenses to travel to Texas if the deposition is held in that state."
The judge's language from the bench was indeed grumpy. He reserved a little backhanded slap for both sides, dismissing any idea that he was interested in the back and forth and then jumping with both feet on the notion that anyone could ignore his previous order for Rebecca to be deposed without formal request. Having eschewed such formal request to his order, the judge then becomes as mightily grouchy as you can get from the bench and still maintain the Court's decorum. At this point, Judge Conn embodies the Court, and he is offended. In other words, Judge Conn doesn't care about this at all:
"Musser was to have been deposed in April but according to prosecutors, Musser who lives in Idaho, had back surgery."
WHY did the court not address the issue of travel expense? Michael Piccarreta does not have to travel:
"The Court will not address in the defense counsel's Reply the request that the State be ordered to pay expenses to go to Texas to depose Ms. Musser because the deposition will take place at a time and place of (Michael Piccarreta's) choosing."
The Court does not care if Ms. Musser had back surgery. The Court also does not care to pay travel expenses because essentially the Court stated that Rebecca would have to come to Michael Piccarreta's office, if that is the venue that Michael Piccarreta chooses. Michael also gets to pick the time. If Rebecca doesn't like that and Texas doesn't like that, oh well. Of course if you read the Mohave Daily News article, you'd think he was bound to go where it was that Rebecca wanted him to go.

To expedite things there may be another compromise on venue and who is present. There's the whole issue of Jurisdiction, but the Court in no way approved of Rebecca's bad behavior, and insofar as it was possible for the Court, they made that clear. Rebecca had better not travel into Judge Conn's jurisdiction, without complying with the Court's order.


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4 comments:

Jam Inn said...

Geee....Hugh, got any advice for Teresa Steed and her baby concerning the subpoena still held from Judge Peter Sakai, 225th District Court in Bexar County?

I thought Bishop F. Merril, Barbara and Willie R. Jessops have already shown that taking the Fifth Amendment is anyone's right in a deposition/Courtroom?

The Pharisee said...

Nah, no advice.

Teresa is in a position of defending herself. The prosecution also must prove it's case. American jurisprudence had an intentionally tilted playing field. I leave it up to her what she wants to do.

If Rebecca has something to hide that she feels might incriminate herself, I'd advise her not to go to Arizona, ever, or to plead the fifth.

This is problematic for the prosecution though. It tells Judge Conn there IS an unspoken secret, something important, something he must certainly suspect at this point but has no real proof for, yet.

It could result ultimately in a chain of events that culminates with the exclusion of YFZ evidence, something that no matter what TxHocHacMan says, will ultimately work against the inclusion of the evidence in Texas.

Jam Inn said...

My compliments Hugh well spoken except I think Mike Piccarretta is holding a pair of threes and he knows the prosecution has a Full House. Short of anymore jury tampering or recanting of witnesses sworn testimonies, I think the good defense attorney is running out of stones to turn over. I think he is looking for a conspiracy to get the Prophet and he isn't likely to unravel the plot in time, if there even is one to unfold.

The Pharisee said...

Why is Rebecca dragging her feet Jam?