Showing posts with label DFPS Eldorado Report. Show all posts
Showing posts with label DFPS Eldorado Report. Show all posts

Sunday, January 04, 2009

"In Our Opinion" the San Angelo Standard-Times supports Wildcat Search and Seizure. Stalin & Castro proud.

The gullibility of the press (in general) continues to be vexing. Here, the San Angelo Standard-Times takes a healthy swig of KoolAid that colors all that on which they report and opine. They correctly identify the issues, and then do no reporting whatsoever and make the State Sponsored Conclusion.

"The scope of the case - the largest of its kind in U.S. history - should make it easier to understand why the investigation was carried out imperfectly, beginning with the fact it originated from a phone call alleging abuse now believed to be a hoax. That doesn't exonerate the perpetrators any more than if police responding to a shoplifting complaint went to the wrong address and found a bank robbery in progress."


This is precisely the formulation that would make prosecution of the FLDS valid. Except, it's not true. If they would read opinions and research critical of CPS, they would not draw such conclusions. I have only to point to my own work, here at this blog. Yes, I understand the issue, for I have made the same comparisons to both bank robbery and murder found while investigating other crimes.

We now know that a considerable force was assembled prior to the raid, which was in essence, a domestic violence call.

We now know that the basis of that response, overwrought or not, was eroded while the police were at the gate with considerable force backing them up, dictating a near apocalyptic outcome, had the FLDS correctly chosen to resist an illegal entry into their own homes. By "correctly" I mean that they were entirely within their rights to resist. They were being invaded, illegally. Sheriff David Doran had a small military force at his disposal and he was going in. Doran contacted the alleged perpetrator while at the gate and had every reason to believe that the call was in fact a hoax, the perpetrator was not, and had not been at the Ranch, ever, and furthermore, Law Enforcement believed that. They are quoted as saying "Well, that takes care of half the problem. Now we need to find this Sarah Jessop Barlow." If you believe that the alleged victim hasn't given you accurate information about who her husband is, why do you believe she has given you accurate information about who she is, or even where she is? In the meantime FLDS men are pointing out that the call should be traced. These are men that believe that a traced call will exonerate them. Sheriff Doran must believe it will too, because he proceeds, time now, is not his friend.

Sheriff Doran wanted to believe something was "going on." This is the KoolAid of the YFZ raid. The only thing accurate about the San Angelo Standard-Times editorial analysis is the idea that Law Enforcement was at the wrong address. If the perp is correctly identified, and is correctly believed to be out of state and never in the state, the only logical conclusion about Sarah Jessop Barlow's story is that she sincerely thinks she's in Texas, but isn't. Furthermore they have the now increasingly reliable testimony of the men at the gate that she isn't there. They correctly have told you the perp isn't there, and they're telling you the victim is not there.

Next, there is the Eldorado Report itself. This gives further lie to the idea that a bank robbery was in progress. Since the report does not cite seeing pregnant teenage girls, or children with children, but instead interviews as setting up the basis for continued police action, the progress of the raid is now described like this. I can do no more than to cite the report in it's entirety. The claim of such a basis is not there.

  • False premise for entry, believed but not properly investigated.
  • Massive confrontation, planned for, but not needed. There was no violence at the Ranch.
  • Belated investigation at the gate of the Ranch where the story begins to fall apart.
  • Entry based on overwhelming force that cannot be contested. The FLDS have no private army or security force.
  • A subsequent failure to find anything pertaining to the cause for entry.
  • Refusing to leave Law Enforcement begins to ask questions that have nothing to do with the raid. This is not a crime seen while at the Ranch, this is looking for a crime not the subject of the warrant and not in evidence.
  • The destruction of property.
  • Forced armed entry into private residences.
  • Forced entry into a place of worship.
  • Forcible confiscation of private records, to form the basis for crimes not in evidence that Texas now desperately needs to justify it's baseless raid.

What is disgusting about this editorial claim is that it makes no case. It simply asserts that if any wrongdoing is ultimately alleged with any basis whatsoever, that Law Enforcement can be excused for anything they did. It makes no attempt to prove any point, it simply asserts that it, is The San Angelo Standard-Times. It knows. You don't need to question them. Accept that it is true. After all, they got everything from The Government, it must be true.

The title of the opinion piece states "CPS Report Clearly Shows FLDS Abuse." At this point what the report shows is that the Pregnancy Rate among FLDS teen girls is lower than the national average. It's lower than that of Texas. It's probably lower than that of San Angelo or Scheicher county.

Stalin is said to have made the trains run on time. I'm sure Hitler, or Mussolini or Tito or Castro could all have found the abuses of any group had they wished to find them. If your family, or mine looked "suspicious" then those all powerful states could produce their kind of justice, any time.

The FLDS could not survive in Castro's Cuba by keeping what they do out of sight, the mere suspicion that the FLDS were engaged in child abuse would produce a midnight raid where everyone was turned out of their homes, isolated from one another, their houses ransacked, their children placed in foster care, their parents jailed, questioned, and everything searched. DNA evidence would not be asked for, it would be taken. Why are we not outraged that this is almost precisely what happened? In the end, the FLDS could hope that it would not have been an object of a political arrest, because it would be all over. Their crimes, if any, would be discovered. Their crimes, if not those suspected, would be found. The Standard-Times is concluding that there was abuse because the CPS report says so. Because, ultimately, Texas Wildcat Evidence Drilling project hit an oil pocket, the whole raid is justified.

In our country, searching for crimes is not Wildcatting. Searching for crimes by Wildcat searching is the province of dictatorships. Somewhere, Stalin is smiling. More →

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Tuesday, December 30, 2008

Reason Magazine Chimes in.

In the online version of their magazine, under the Hit and Run section, Reason's Jacob Sullum observes;

"Notably, the report says seven of the 12 girls were 14 or 15 when they married, which means they would have been old enough under the law as it stood prior to 2005, when the state legislature raised the minimum marriage age to 16 with the avowed aim of making life in Texas difficult for the FLDS. Until then the minimum age for marriage with parental permission was 14. (The marriages in question took places between 2004 and 2006.) Still, assuming the allegations are true, FLDS members broke even the old law in a handful of cases."


They have written before on the subject, and it's worth a read. More →

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Sunday, December 28, 2008

Texas DFPS Report Debated

An interesting example of what people think they know about what happened at YFZ is being played out right now, at the "Christian Apologetic and Research Ministry" discussion forum. The consensus of the Anti FLDS contingent seems to be that it doesn't matter what Texas did, as long as they ended up "getting" the FLDS. Willie Jessop's reply was posted there by yours truly. You might check in and see. If you wish to contribute, you'll have to register there. Try to keep it civil if you do.

Among the things they don't know, predictably, is what Warren Jeffs was convicted of. They're also somewhat unclear on what it is that Texas justified it's search with, in terms of evidence. More →

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Thursday, December 25, 2008

Texas DFPS Report observation #1

Quite simply, there is no mention whatsoever of "observing" pregnant underage teens. The word "pregnant" occurs twice in the report, the word pregnancy never occurs. All the observations are based on documents obtained during the raid. Many of those documents were "observed" after breaking down doors and destroying safes. It would seem that Texas is resting it's case for continued search on the interviews conducted with girls while at the ranch, not on events observed at the ranch. In addition, Brooke Adams points out in her blog "The Plural Life" that the interview is most likely with not girls, but one girl. Therefore the pathway given in the report is "Sarah's complaint" and then "interviews with a girl or girls" which then justify the search for all the other evidence gathered.

On page three
- "Over the next three days, investigators continued to interview children at the ranch. They saw wedding photos involving young girls. They found records indicating a pattern of underage marriages and births."

Observations, such as this, are repeated several times in the report. DFPS applies it's justifications and applications of evidence in different contexts, either thanking "team" members for cooperation, or putting the observation in context with other titles in the report.

On page seven - "At the 14-day hearing, DFPS presented evidence gathered in the investigation that at least 20 young girls and women at the ranch, including five who were still minors at the time of removal, had become pregnant from the ages of 13 to 17."

I continue to be struck by the lack of news in the report. Most of this is stuff we already knew. I will read, and reread the report and look for inconsistencies and omissions. What I find significant is the omissions.

As a post script or corollary I would observe that this also means that any observation of "pregnant underage teens" is now the entire province of various branches of Texas Law enforcement. If they saw such things, and based their actions upon them, that would be a separate issue. Someone who knows the basis for the warrants more intimately should observe on what basis each warrant was issued.

There is then the question of legal notification. Up until the point that an abuse condition is observed or reported, certain people have certain rights. Parents are the guardians of their children until cause is for removal is determined. Did the children have the right to be advised of their rights? To legal representation? Did the parents have the right to be read their Miranda rights? To legal representation? Again children are treated as objects, as evidence, not as people to be protected. Can you imagine children with parents and a lawyer sitting before the interviewer answering questions that would incriminate them, or others? More →

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The Texas Department of Family and Protective Services Report on Eldorado

It's tough going. As "Toes" has observed, it starts out with a statement that is patently false. I'm going to try, and if enough unique observations pop out at me, I'll make them. This is a lousy Christmas Present. I'm looking at the next two days which I have off, to finish up a few writing projects related to my various interests. Bah! Humbug! More →

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