Been Down So Long It Looks Like Up to Me?

Things are really bad, when you think 17 years in jail, is good.

From the San Angelo Standard-Times:

"(Eric) Nichols said Schleicher County has done its duty in presiding over three trials.

'The trials have been a tremendous burden on this county,' Nichols said.

FLDS spokesman Willie Jessop said Nichols was sore because he didn’t get 'as stiff a sentence' as he wanted, compared with the 75-year and $10,000 fine sentence an FLDS member received for the same charge out of Tom Green County.

'I think it was easily exploited in Tom Green County,' Jessop said, claiming that the FLDS presence was sensationalized.

Floyd West, a rancher in Schleicher County who has attended every day of court, said he is a neighbor to the YFZ Ranch and is disappointed with the sentence.

'I felt it was a slap on the wrist,' West said. 'I felt like he should have gotten a lot more.' "

Oh, you mean like the deferred probation your state gives out to teachers that jump little boys Floyd?

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Verdict Soon on Abram Harker Jeffs? Yes, after a short Deliberation.

Typically, it didn't take long, and he's been convicted of Bigamy I hear.

The Defense was spirited by comparison to previous trials, but not enough. I believe the FLDS needs to be pushing the concept publicly of Jury Nullification, but they're not. In addition, the short defense presentations amount to an admission of guilt in terms of perception. Here's last night's San Angelo Standard-Times article:

" 'You’ve heard all the evidence you’re going to hear' for the guilt or innocence phase of the trial, 51st District Judge Barbara Walther told jurors before dismissing them for Monday evening.

Jurors looked at documents sacred to the FLDS throughout Monday afternoon as the prosecution tried to place Jeffs and the alleged victim at the Yearning for Zion Ranch in Schleicher County at the time of the alleged offense.

The alleged assault of the 15-year-old girl when he was 34 allegedly occurred around May 12, 2006.

'I think this is the first time the jury has laid eyes on a priesthood record,' lead Prosecutor Eric Nichols told Texas Ranger Danny Crawford while Crawford was on the stand testifying to what each document was and what it said as the redacted documents were projected onto a screen for the jury."

Actually, copies of the Priesthood Records got out, and Eric knows that. Perhaps presenting them here is now a way to say that people have them now, because he used them in Trial. Right Eric.

To his credit, Brandon Hudson took a few jabs at the evidence in trial, and the fact that some witnesses are being paid. We can be sure we don't know the full extent of the payment issues between Texas and it's various "experts."

Sentencing is next. I imagine that will not take long either. The Bigamy conviction provides a platform for appeal of the length Abram's sentence, if it long, like the others. There will be appeals on the bigamy convictions on their constitutionality. Perhaps after sentences are adjusted, the convictions will be overturned just in time for a "timely" parole based on the average sentence of other "First Time" offenders.

My current thought is that after the heat dies down and FLDS men have spent some time in jail, there will eventually be a reversal of the evidence inclusion. My hope is that it's sooner than that.

Willie Jessop weights in today's edition of the Times:

"FLDS spokesman Willie Jessop said afterward he believed the state at last publicly has made the case a religious matter.

'For the first time, they’ve admitted it’s about religion,' Jessop said.

Jessop also stressed deprivation of rights, in the raid and in the trial, as an issue of prime concern.

'Disregard your first, fourth, fifth and sixth amendment rights, and anyone is in danger,' Jessop said. 'We need to have judicial notice of what’s happening.' "

This case, if not reversed, as I have stated for over two years, is a danger to us all. The only victims at YFZ in the eyes of the law are technically victims, there was and still is no "outcry," there are no defections from "Stockholm Syndrome" sufferers suddenly "waking up." The supposed "Victims" are now all adults. Those underage "supposed" victims whose "assailants" have not yet been convicted will be adults soon. I think there's only one anyway, and it may be proved she was not a victim.

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See? I ruled AGAINST the prosecution (let's go home) UPDATED

Walther gets in her ruling for the defense.

More or less by ruling against the prosecution's request to move the trial. At least for today. We don't have a jury yet and we won't have one today it seems. (The updated story says yes we do.)

The San Angelo Standard-Times - "The motion to move the court came while Nichols argued that after calling 325 people as jurors, only 31 people were found eligible, and at that rate of individual questioning they were approving one out of every 10, meaning they would not find the necessary 36 people after interviewing the remaining 37 that had been seated from a second pool of 100 people called in addition to those of the original 325 who had excuses.

The defense argued for remaining in Eldorado.

'There is no reason to simply cut loose the people we have today,' defense attorney Brandon Hudson said.

Walther denied the state’s motion, so the individual questioning continued."

Walther knocked off early Friday, and will seem to quit on time today.

I wonder.

When we're not pressuring the defense and wearing out the Jury, Walther seems to be able to get home for dinner. When the trial starts though, it has been her pattern to stay late. Could this be a tactic?

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It was Witness Interference, and "Bad Acts"

That got the book thrown at a sex predator in Texas. Even though the victim "enjoyed it."

The Denton Record-Chronicle - "Lauren Cosgrove, 30 (now 31), of Sanger, also was sentenced to two years in prison on a charge of tampering with a witness. Though she had been court-ordered not to contact the boy, he testified that she picked him up outside his house in December 2008 and convinced him to write a letter saying he lied about what happened between them.

She also gave him a handwritten note professing undying love for him.

The sentences will be served at the same time, and Cosgrove will be eligible for parole in 2 1/2 years.

The jury also found her not guilty on a charge of indecency with a child."

Five years. Yup, divide 5 into 75 for a predator that tampers with a witness. Hmmm, if you are a man that means you will serve 15 times as long.

I'm sure you're asking with YFZ a year old and that scandal fresh in their minds if the prosecutor and jury took that into account:

"Prosecutors Rick Daniel and Cary Piel were satisfied with the sentence, Piel said.

'I asked the jurors in voire dire about the double standard,' Piel said. 'Who’s to say if this had been a man and a 13-year-old girl he would have gotten more time? But we are absolutely satisfied.' "

We can now answer that question. There are apparently several differences between YFZ and Ms. Cosgrove's case. One of them wasn't her marital state.

Apparently to get 15 times the sentence your victim must be older (Ms. Cosgrove's prey is still a minor) and now an adult. Ms. Cosgrove's target was 13.

There must be an element of religion. Free standing sexual abuse by a woman in power over a minor male child is no threat to us, though it appears to occur frequently in Texas. You must add the potent element of a closed society trying to preserve a religion the Government wants to stamp out.

To get 15 times the sentence your case must be higher profile. Texas gets embarrassed when attention is called to it's laxity over sexual assault of a child. The jury pool must be tainted with false claims of things that never happened at YFZ so that when they try you, they stop short of killing you only because that punishment is not available to them.

To get 15 times the sentence, your victim must be female.

"(Defense Attorney Donna)Winfield told jurors that if given probation, Cosgrove would not be a risk, and that the boy enjoyed the attentions of an older woman and was not traumatized.

'It’s different with boys and girls,' she said. 'I don’t believe he’s going to be scarred for life.'

Translation - "Oh come on people, we're putting a woman in jail for giving a 13 year old boy bragging rights around the neighbor hood, he's now a certified STUD. She ROCKED HIS WORLD. He's totally DIGGING on her."

Your victim must now be an adult, so that you can threaten her. That way she won't speak her mind during the trial in her husband's defense.

You have to be a polygynist.

The floor is open to discuss other differences that must be present for you to get 75 years, like Merril Leroy Jessop.

If you've spotted other differences, feel free to comment.

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75 Years for Merril Leroy Jessop

It's like they're squaring the sentences as they go.

The Salt Lake Tribune - "The sentence for Merril Leroy Jessop, 35, is the stiffest yet handed out in the criminal trials of members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Under Texas law, Jessop has to serve half of his sentence before he is eligible for parole."

FLDS men "marry" (albeit not legally) the girls they "assault," love them and their children and take care of them for life. Merril is going to die in prison unless appeals succeed while the manifestly perverse Janet Parker walks among us. Her joke of a sentence didn't even make the news. Sandra Borrego pled guilty to 22 counts of aggravated sexual assault of a child, a child for whom there was a complaint, and got 6 months (that she has already served) with a chance to clear her record.

75 years. Contrast that with the three cases the Modern Pharisee has highlighted over the last few days. Zero time, 6 months, and do you want to bet that Alison Mosbeck will get off lightly by comparison? (UPDATE-a fourth woman's attorney claimed her 13 year old victim "enjoyed it" and her client got 5 years. She also engaged in witness tampering.)

The $10,000.00 fine is a joke that only hurts the woman and the children that Texas is supposedly protecting from him.

My only question at this point is, when will the FLDS pull out all the stops and try everything legal? If the appeal doesn't work, these men will die in jail and their children will be scarred for life, if they aren't already. Their wives will be deprived of consort, of the children that the FLDS believe give them standing in the next life.

Make no mistake, if it was an option, they would have stuffed Merril Leroy Jessop's genitals in his mouth and hung his lifeless body from the tallest local church.

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You think the wheels of justice turn slowly for the FLDS?

Consider the case of Alison Mosbeck. The then 33-year-old history teacher at Dueitt Middle School (now 35 or 36) and mother of two (no word on children in the intervening time period) resigned October 29th, 2007, the same day she appeared in court on charges of having sexual relations with a boy who is still a minor. Previously Ms. Mosbeck had been on "administrative leave."

The Houston Chronicle - "(Harris County Assistant District Attorney & Crimes Against Children Division Chief Denise) Oncken said Mosbeck allegedly had a sexual relationship with a 14-year-old student between fall 2006 and March 2007. They had intercourse at least three times, prosecutors said."

The "alleged" crime originally occurred in late 2006, after the crime committed on or about August 20th 2006 that Merril Leroy Jessop is being sentenced for. Merril's "victim" is now and adult and had to be considered a "hostile" witness for the prosecution, so much so that they had to collect DNA against the will of all involved to come up with the charge and successful prosecution of Mr. Jessop. I emphasize that Ms. Mosbeck's alleged victim is still a minor.

Alison will finally go on trial next month. Since that time it would appear that Ms. Oncken has been promoted and now John Jordan will be prosecuting the case. If prior cases mentioned here at the Modern Pharisee are any predictor of outcome, after her trial, Ms. Mosbeck will serve a fraction of the time that Michael Emack "plea bargained" to get.

"If convicted, Mosbeck, a mother of two children, faces a possible sentence ranging from two years to 20 years for each case, Oncken said. She also is eligible for probation, Oncken added."

It looked like, at the time, that Harris County Assistant District Attorney Denise Oncken was open to the idea of probation.

The San Angelo Standard-Times - "Today at 9 a.m. the jurors will hear closing arguments and deliberate on Jessop’s sentence."

I suspect they will be sending another "message."

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Caught RED HANDED, Texas Sex Predator gets "Deferred Probation"

And very little publicity even though there are graphic pictures documenting her escapades. While the initial article suggested salacious acts reminiscent of oval office escapades with a cigar, the aftermath was quite different.

From Nacogdoches, the Oldest Town in Texas:

The Daily Sentinel - "Twenty-six-year-old Janet Parker surrendered to sheriff's officials at 11 a.m. Wednesday. According to a press release from Shelby County District Attorney Lynda K. Russell, her office and the sheriff's office were first alerted to an inappropriate teacher/student relationship in December. 'The matter was investigated, and although authorities felt inappropriate behavior existed, no proof could be established,' the release said.

'Two weeks ago, suspicions of this relationship again surfaced when a student's cell phone was taken up during school. Because the screen saver picture on the phone depicted behavior unacceptable at school (a student with a tobacco product), authorities at school searched the phone further. The phone was turned over to the district attorney's office. A search warrant was executed on the phone, allowing a forensic expert to search the phone. An inappropriate picture of Janet Parker was found on the cell phone. This phone belonged to the same student with whom Parker was suspected of having an inappropriate relationship last December,' the release said.

Because of the nature of this picture D.A. Russell and Sheriff Johnson requested a warrant for the search of Parker's home. Assisting in executing the search warrant were Shelby County Sheriff's Deputy Desmond McDaniel, Texas Ranger Tom Davis, and D.A. Investigator Danny Green. Evidence gathered at the scene confirmed that the picture of Parker on the child's cell phone was taken in her home. In cases like this, computers are commonly used to store images of inappropriate behavior and communications between parties which sometimes reveal the type of relationship between the parties. As a result, two computers were gathered as possible evidence. A forensic search was conducted of the computers, and as a result of the searches on the computers and the investigation into this matter, 23 warrants have been issued for the arrest of Janet Parker - (9 warrants for sexual performance by a child , three warrants for sexual assault of a child and 11 warrants for possession of child pornography third-degree felony)."

Repeated searches of the web yeilded no information on the trial result. Probably because there was no trial. When contacted, District Attorney Linda Kay Russell's office stated that Ms. Parker received "10 years of deferred probation." I'm not sure what that means, but if it's anything like deferred sentencing, Ms. Parker pled guilty and then got a "deferred" arrangement meaning she's not even being supervised. "Just stay out of trouble" would be the operative phrase, and in ten years she can apply to have her record cleaned.

It would seem that Ms. Parker is being treated as a "first time offender" and not having the book thrown at her. In the meantime, defendants like Merril Leroy Jessop, Michael Emack, Allan Keate and Raymond Jessop are having the book thrown at them as if they were "repeat offenders." It would also appear that just like the ranch was "one residence," FLDS offenders are being treated as one defendant. The sentences are getting worse.

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Jessop Guilty! (in time for lunch)

Like I said, it wouldn't take long.

The San Angelo Standard-Times - "(Merril Leroy Jessop) kept a pleasant face while 51st District Judge Barbara Walther read the jury statement and pronounced the word 'guilty.'

Jurors heard closing arguments this morning and left at 11:30 a.m. to deliberate.

Attorneys were summoned back to the courtroom at 12:30 p.m. upon hearing that the jury had reached their verdict."

It was never one of my favorite songs, but it does keep going through my head:

"And the judge said, 'Guilty,' in a make-believe trial, slapped the Sheriff on the back with a smile (and said) 'Supper's waitin' at home and I gotta get to it.' "

Bobby Russell - "The Night the Lights Went Out in Georgia."

Brooke Adams has "Tweeted" that the "enhancement" was voted to apply, and thus Merril faces 99 years in prison.

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Case goes to Jury, Location continues to be an issue (UPDATED)

Both sides have rested their cases. (UPDATED- VERDICT = GUILTY).

The Abilene Reporter-News - "The jury will return at 9:30 a.m. today to hear closing arguments from the defense and prosecution, and then jurors will deliberate on the verdict.

Attorneys and 51st District Judge Barbara Walther had spent the day looking at documents to establish Jessop was at the YFZ Ranch at the time of the alleged offense."

Apparently, more that in the other cases, the location of Merril is in doubt. Most of the silence coming out of San Angelo yesterday has to do with the Judge, Prosecution and Defense looking at documents.

The way this story is phrased, is puzzling. I would have thought that if there was any doubt, the defense would have speculated loudly in open court to the effect that the prosecution "couldn't prove it," "it" being where Mr. Jessop was. Much has been made in the past among FLDS detractors that location wasn't an issue, but it now seems hugely clear, that it is.

Do I think this will matter? Not really. It would seem that the defense is relying on Judge Walther to rule to dismiss charges if there is clear evidence that Merril was not there. Walther, I am convinced, would rule that Merril Jessop was there even if he had time stamped pictures sent by certified letter from Kenya showing that he was there hunting Water Buffalo around and about August 20th, 2006.

The FLDS has been all along, stacking issues up for appeal, both thin and strong. Essentially the strategy is to impeach Walther and/or the evidence later with minor emphasis on things like Grand Jury/Jury racial composition.

The case has gone to the jury. I'm not holding out any hope for Walther ruling Merril (and therefore his "underage bride") weren't in Texas during conception. I wouldn't be surprised if the jury returns before lunch, with a guilty verdict (turned out to be 12:30pm).

According to KCSG's 9:49 AM EDT version of the story, closing arguments will be today and are probably are taking up a good portion of the morning if not all of it.

"The prosecution and defense rested their cases Tuesday in the trial of Merril Leroy Jessop. The jury (returned this) morning to hear closing arguments from the defense and prosecution, and then jurors will deliberate on the verdict."

Judge Walther did not allow a CPS worker to testify in front of the jury regarding the level of fear that had been created among the FLDS. A CPS worker testified away from the jury about how children were taken from their mothers.

If the testimony is emotionally loaded in favor of the prosecutions case, such as testimony from Rebecca Musser, the Jury hears it, if it is loaded in favor of the defendant. (You guessed it!)

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Rangers obtained records looking for Rozita?

According to Texas Ranger Don Williams; "I thought it was very possible someone might be in that vault."

This is interesting. Texas Rangers busted into the FLDS Church Vault looking for a PERSON. Hadn't we discussed this two years ago? What "hat" was being worn by Texas Rangers?

The San Angelo Standard-Times - " 'Would you say the men and women were distrustful?' (Defense Attorney Brandon) Hudson said.

Williams said they were.

Williams said the locksmith took hours to open the vault door.

Hudson pointed out the damage done to the framing around the side of the vault.

'Were there attempts to enter without having to break the locks?' Wes Mau, one of the prosecuting attorneys, asked.

'Yes sir,' Williams said, and he said the residents were not cooperative with opening the safe. 'I thought it was very possible someone might be in that vault.' "

Back to the Standard-Times, April 10th, 2008:

"In one exchange, (Judge Barbara) Walther questioned (Gerry) Goldstein on why he claimed Lyle Jeffs had standing to challenge the search warrant based on the removal of his two children.

'The removal of the children had nothing to do with the search warrant,' Walther said. 'That's a civil matter.'

'I'm not sure they knew what hat they were wearing' when officials removed the children, Goldstein replied."

I'd say at this point they didn't know. Later, when sorting out details in the aftermath, it seems clear that Rangers retroactively threw a hat into the narrative, based on what it was they'd need, to cover their actions. In the case of the Vault, they're not in a residence looking for anyone, they're in the temple. These records are obtained looking for "Sarah," who we now know to be Rozita Swinton. Not that Texas dares ever ask that question, of Rozita.

Something tells me this might be important. If Law Enforcement was treating the ranch as "one residence," clearly the temple is not a "residence" and clearly a "gun safe" or cabinet inside a vault inside a church is not a home. At what point to you stop looking? Can I go into the White House looking for a murder suspect in Washington DC and come out with evidence of the "Cornhusker Kickback?" Can you go into a church on a warrant based on a residence? Can you go in their vault because someone might be in there? Do you open shoeboxes looking for body parts? Ranger Williams says he goes into the vault looking for a person, but that's not what they come out with. It seems rather clear that Rangers wanted anything belonging to any member of the FLDS or the church, so that they could audit them for evidence of crimes. Is this the case Brandon Hudson is building?

"Hudson noted that the person they were searching for was never found, and the call that led to the April 2008 raid on the ranch was determined to be a hoax call from a woman who claimed to have been abused and living on the ranch."

The "hoax" call remark seems to have gone unchallenged by the defense. I'm sure the prosecution had to let that stand, since if they did not, the issue of it being a hoax could have spilled out into open court. So it's official. Texas regards the call as a hoax.

"Another Texas Ranger, Jesse Valdez, testified about having entered a vault in another building called the temple annex.

A picture showed the jury an open vault door with a small hole less than three feet wide breaching a concrete wall several inches thick.

'I removed all my outer clothing and entered with a flash light and a pistol, unsure of what I would encounter,' Valdez said.

Inside the vault, law enforcement personnel found many cabinets full of boxes of personal and church records."

What did this "Drama Queen" expect to find in a vault? Why didn't he wait? Was there a sense of "urgency" that perhaps at any moment the search might be called off and they didn't have all their "loot" yet? What does he expect to find in the dark that he needs a pistol for? I don't know about you, but if I was planning to used deadly force against a Ranger entering a vault with no clothes, a flashlight leading the way and a pistol, the pistol isn't going to do him any good.

If I were the Ranger, and I thought I might NEED the pistol once inside the valut, I'm not going in that way. It's a death sentence. I might pump some tear gas in there first, but no way I'm crawling headfirst with a pistol and a flashlight into a dark hole, particularly when there's only one way out.

To this day I do not know why the FLDS don't call Rozita as a witness.

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A Jury Seated

And typically, another motion denied.

The San Angelo Standard-Times - "The jury is made up of seven women and seven men to fill in the 12 juror and two alternate positions. Among the jurors, three have Hispanic surnames."

The defense cited widespread publicity and resulting prejudice. They asked for more "peremptory strikes." What do you think happened? Don't be stupid, it's Babs.

"(D)efense attorneys this morning moved to be granted more than the standard 10 peremptory strikes against prospective jurors, citing widespread prejudice against their client, but 51st District Judge Barbara Walther denied the motion."

Arguments are underway.

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Merril Jessop moves for Mistrial - UPDATED

It won't work. (UPDATE, it didn't.) Not because it shouldn't work, but because it's Barbara Walther on the bench.

This is part of the basic plea of the prosecution that the FLDS is a dangerous murderous entity and we are dealing with "King Willie, the Thug."

The San Angelo Standard-Times - "Willie Jessop, the sole representative of Merril Leroy Jessop’s family and church, was denied entry to a crowded courtroom (yesterday).

Willie Jessop said the motion, although prepared and signed Monday, was submitted (today)."

No it won't work now, but this continues to be the sort of foundation you build for an appeal. It sounds as if the FLDS was ready for this prosecution piece of theater that is purely designed to make various FLDS men "boogie men" and therefore increase chances of conviction.

Apparently in ruling on the motion (which she denied), our lovable warm fuzzy "Thug" got a word in edgewise:

"(Eric) Nichols, arguing against the motion, put Willie Jessop on the witness stand and made the case that Willie Jessop hadn’t made an attempt to enter after the general questioning of potential jurors.

'At what point would it have been appropriate to enter again?' Willie Jessop shot at Nichols.

Walther intervened, telling Willie Jessop — who she said may not be fully aware of the court’s procedures — that the witness is not allowed to ask questions."

Raymond Jessop (as is being reported elsewhere) has already filed for appeal, but your Modern Pharisee told you it was done, when it was done (January 28th, 2010).

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