Monday, November 15, 2010

Is Warren off to Texas now?

Honestly, I don't know, but it looks like it:
The Salt Lake Tribune - "3rd District Judge Terry Christiansen sided with prosecutors who argued once a governor signs an extradition orders, courts can only decide whether the papers are in order.

'I don’t believe it’s proper for this court to substitute its judgment for that of the governor,' said Christiansen in making his ruling Monday.

Defense attorneys are appealing the decision. Neither prosecutors nor defense attorneys immediately knew when Jeffs might be moved to Texas.

The 54-year-old Jeffs appeared in court wearing a dark suit, smiling at times and acknowledging some people in the courtroom gallery.

Jeffs was convicted in Utah of forcing a 14-year-old girl to marry her 19-year-old cousin in 2007, but that conviction was overturned by the Utah Supreme Court earlier this year. The justices cited faulty juror instructions.

Washington County prosecutors have not yet decided whether they will re-try Jeffs."
What I don't know is; do defense attorneys appeal this decision while Warren is still in Utah, or can they react speedily enough to do so, or does he simply go to Texas? If the decision is appealed and if Warren's attorney's prevail and he is in Texas, what happens then?

As far as I know he's on an executive jet flying over Texas right now in the custody of Texas Rangers. If there is time granted for the filing of an appeal and Warren can't leave until that window expires, that's a different story. Again this is where my limited expertise (extremely limited) falls short.

I know that constitutionally it doesn't sit well with me. Warren has a right to a speedy trial. The Governor of Utah, and in fact no Governor in any state has the right to abbreviate that right or eliminate it, or modify it to suit themselves. Then however, we get into the realm of judicial mechanisms and they may in fact be designed in such a way as to not provide for the protection of Warren's rights under the Constitution.

If you ask me what happens if Warren is successful, my answer is quite simply that he still goes to Texas, but the circumstance changes. If Warren wins, without going to Texas (something that may be too late to do anything about), Washington county DROPS the charges, and quickly. Texas still gets him.

The assembled persecutors of Warren Jeffs are so petty and prone to prejudicial tactics though, that they want him going to Texas not as a free man arrested in Utah, but as a man under the charge of rape in Utah, even though it is known by all involved that the charges will never see the light of day in another Utah court.

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