"The Polygamy File:One of my first reactions is this opens a whole "chain of evidence" issue. Jon Krakauer is a filmmaker. Filmmakers are expert at making the unreal, seem as if it happened.
KRAKAUER: Right. The one — the one silver lining in this is if Texas — if Utah decides not to retry Warren, he will be more quickly extradited to Texas, where he faces very serious charges, much more serious, not as an accomplice to rape but an actual rapist.
And the evidence, in the raid of 2008, they uncovered a treasure trove of evidence, including a tape recording and a transcript of Warren raping a 12-year-old girl. Actually, she had been 11 until 24 days earlier.
She had been forced to marry Jeffs. She was raped in the temple on a special bed. Two of Jeffs’s older wives participated in the rape. It was tape recorded. Every grunt and perverted prayer and command to this girl.
And that, and a lot of other evidence is likely to convict Warren, put him behind bars for life — for four life terms, I think, to face the charges.
TOOBIN: Texas and Utah now have to sort out what’s going to happen. It seems likely to me that this decision will scotch this case. This girl — [Elissa] will no longer have to testify. They’ll just move the whole operation to Texas and bring those more serious charges there. But –
COOPER: Do you think politics played a role in this, in Utah?
TOOBIN: You know what? I don’t know. I mean, I just don’t know enough about the Utah Supreme Court.
But, you know, this is a very unusual ground to overturn a conviction. Jury — jury instructions have to be correct, but judges usually, you know, give trial judges a certain amount of latitude here.
TOOBIN: And given the magnitude of these charges and given the fact that these jury instructions didn’t even relate to the core issue in the case, I am bewildered by this decision. And it certainly bears looking into, whether there is some political connection between these judges."
Get my drift?
This is the new offensive. Warren Jeffs is such a monster we can't let him out. Everything must be done to keep him in jail. The rights of all must be suspended. The pressure will mount on the Texas judiciary to bypass the law. The pressure was on Utah's Supreme Court to bend the law, the pressure on Texas' Supreme Court will be enormous, if in fact there is such a tape.
This also puts pressure on supporters. Is there such a tape? Is it real? I'm a parental consent guy, if there was parental consent then I have to consistently state that there was no moral wrong in giving a girl in marriage. There would be no moral wrong from a legalistic standpoint based on that act alone.
There is the question of love. I'd have a hard time seeing it as a loving act, to put it mildly.
There is the question of law. It's illegal. Period. There was never a need to do it and doing it flouts the law, and that's the barest way to put it. Why would you do that?
There is the obvious stupidity of Warren (if this is true). He would be the modern day Richard Nixon squared. Cubed even. Recording yourself having sex with a barely 12 year old girl? That's a death wish. Again, why WOULD you do that?
This brings up the other question of timing. If this tape existed, it's been leaked before. The whole business of the "sex bed" is more understandable in that light. Texas knew what it was looking for. But again, if they KNEW this, why wasn't it a basis for the raid? You have a sex tape with a 12 year old being "persuaded" to have relations, that's probable cause. It revives the idea of Doran's confidential "Informant" as real, and it places that informant very close to Warren.
That too raises a chain of custody issue.
Apparently this tape has been circulated among the "anti's." Unless it's a videotape though, I don't know how you prove anything with it. We'll see I guess.
Oh, and this is one thing for sure, Krakauer is an idiot to suggest that Utah jail Warren for a crime that he couldn't commit against Elissa, because of a crime he seems to have committed (in Jon's ears), to a girl in Texas.
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