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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Sentences Harsh - YA THINK?

We go much closer to home to see the latest sentencing silliness as the San Angelo Standard - Times asks "Were these sentences too harsh?"

"On Thursday, 32-year-old Daniel Ozuna was sentenced to life in prison by 391st District Court Judge Tom Gossett for indecency with a 7-year-old child by sexual contact. Ozuna already was serving a 5-year sentence for a similar crime.

Lesser sentences can come from situations when there is not a large age gap, such as between a 19-year-old and a 15-year-old person, Morris said.

Morris also said that if the parties consented, the sentence may be more lenient, even though consent is no defense for the guilt-innocence phase of the trial.

'It’s not a defense, but it’s certainly something (jurors) can consider in punishment,' (Gerry) Morris said."

And what is this business about "consent?" While we have seen stories written over the last two years about "what the child wants" from the "ad litem" perspective and what children cannot consent to, suddenly, it seems we have two "consents" now. The consent that a child cannot give, on which the whole "sexual assault of a CHILD" is based, and then the fact that, "oh, yeah, they gave their consent," meaning they gave every indication in language and body that they granted consent, except, they weren't old enough for those words to mean anything.

What incredible hypocrisy. Are we to believe now that chilren actually possess a "consent" that should be considered and a lawyer can now argue that the kid "loved it" and that is a reason to go easy on the perpetrator? First we base the law on the idea that a "child" is a person below a certain age, and that a "child" cannot give "consent."

How about the fact that Mr. Ozuna was already serving a 5 year sentence for a similar crime? Similar in my mind means another child in the single digit age category for which Mr. Ozuna was sentenced to only FIVE YEARS.

And now the point your Modern Pharisee has been making for two years about polygamy and "sexual assault" of "children:"

"The penalty becomes a first-degree felony if the defendant is legally prohibited from marrying, purporting to marry or living with someone under the appearance of being married.

A first-degree felony is punishable with five to 99 years or life in prison and the fine of up to $10,000."

Why then was Lauren Cosgrove not charged and sentenced as a 1st degree felon? Lauren was "legally prohibited from marrying" her 13 year old victim, not because Texas prevents 13 year olds from marrying 30 year olds but because she was married already." Her lawyer, in case you forget, argued that her 13 year old victim "wanted it" and got standing with his peers for bedding an older woman and in this age of equal rights, that "it's different for boys than it is for girls."

The polygamy of the FLDS involving children is not wrong because it involves children. Clearly, even the law recognizes (though seldom fairly applies) the fact that adults can marry "children." The law further declares that "children" magically gain the intelligence to give consent, once they have been legally married.

Kid without a marriage certificate? = Can't give consent.

Kid WITH a marriage certificate? = Can consent to any act with anyone.

Difference? A piece of paper. Basically, the equivalent of a car registration. A point your Modern Pharisee has also made.

Thus the case can be made that it's POLYGAMY they're after, not really "sexual abuse of a child," because if it wasn't polygamy they were after, it would be legal, and a polygamist could legally marry the "child" they were "assaulting" and produce the appropriate papers necessary not to go to jail for life. If it wasn't polygamy they were after, Janet Parker would be in jail right now, and so would Rebecca Ann Bramlett. If you want to "do it" with a 14 year old. Go get a piece of paper.

How sick is it that you can marry the 14 year old girl and have an affair with a 30 year old and nothing happens, but if you are married to the 30 year old and have an affair with at 15 year old, you go to jail for life?

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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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UPDATED - Guilty of Sexual Assault of a Child, Texas Sex Predator gets 6 Months

Yup, only 6 months and a chance to wipe her slate clean:

The Corpus Christi Caller-Times - "A former dance teacher accused of sexually assaulting a 13-year-old student pleaded guilty Tuesday in exchange for probation, six months in jail and the opportunity to avoid a conviction.

Sandra Borrego’s guilty plea came shortly before jury selection was to start Tuesday morning. She pleaded guilty to 22 counts of aggravated sexual assault of a child."

What hypocrites Texans are. Michael Emack got 33 years, a virtual life sentence. I shudder to think what Merril is going to get. The age difference between Sandra and her young victim is greater than that of Merril and his bride. Sandra is 41, the boy she "assaulted," barely a teen.

By the way, they say they don't believe me, but they do. (Rise to the bait little fishy.)

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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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Location, Location, Location.

It's the Real Estate maxim, and apparently it does matter in the Trial of Merril Leroy Jessop.

When an act is a crime in one place, but not in another, where it happened really does matter.

For instance, it's not a crime for me to be nude, and I am nude every day in the shower. It is one for me to be nude on Main Street. Unless my shower is in my RV and my RV is on Main Street. Likewise it is important where the child that is almost certainly Merril's, was conceived.

The San Angelo Standard-Times - "(Prosecutors) presented evidence that Merril Leroy Jessop resided at the Yearning For Zion Ranch outside Eldorado, where the charge against him — the sexual assault of a child in connection with an alleged underage marriage — was alleged to have occurred.

Pictures showed photo albums and poster-sized pictures that depicted Jessop surrounded by a crowd of children and three young women law enforcement personnel identified as his wives."

Well dang. I thought that wasn't important according to some of the "legal experts" trumpeting how irrelevant location was on the other side of the fence, but apparently, it is important.

It's always been my thought that it was up to Texas to place Merril's "celestial wife" on Eldorado Terra Firma and Merril there too, to make the case stick. That goes for Michael Emack as well, and Raymond Jessop. This salient point didn't seem to figure much in the first trials, but is now making an appearance here, at Merril Jessop's trial, as part of the prosecution's case.

Odd.

Do they know that Merril will try to contend he was elsewhere? To me it has always seemed that I could say, if I were Merril; "How do you know we weren't in Mexico?" After all, no one knows how they got to Mexico and it's not up to Merill to prove his innocence, he is presumed innocent, nor is it up to Merril to incriminate himself. The fact that Texas thinks Merril robbed a bank, but can't say which bank is sort of important.

Don't get confused with the idea that his wife is the bank. She has to be in Texas for it to be a crime, in Texas. If I admit to taking money from a bank, I haven't admitted to robbing it. If I admit to nudity, I don't admit to a crime. If I say I drive my car 200mph, if I did it at Daytona International Speedway, it's not a problem.

There are various considerations such as the "Mann Act," but that's where self incrimination and presumed innocence come in. I'm presumed NOT to have committed a crime, and frankly, as far as the jury knows Merril really conceived a child with his bride at a sort of FLDS "girls gone wild" event on the Yucatan peninsula. She went there, he went there, they meet, the lights go down and so on.

Do I believe that? Well heck no, but it's not up to Merril to have to prove that. For it to be a crime in Texas, it had to happen in Texas. For it to be a "Mann Act" violation, a conspiracy has to be proven. This is not possible without receipts and photographs and cooperative eyewitness testimony. In some places it is still just "bad judgment" to engage in a sex act with a 16 year old, whether it should be or not.

Do I think it will matter to the jury? Nah. A little girl was "assaulted" with an old man's phallus while she cowered in fear of it's mighty and damaging blows. And it had MORE WRINKLES than the 16 year old boy she could have rubbed uglies with, with impugnity.

The jury would kill Merril if they could.

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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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You Talkin' to ME? (slightly updated)

I can't resist. Is Eric Nichols talking, to ME?

The San Angelo Standard-Times - "The prosecution spearheaded by Eric Nichols argued for a motion that would prevent the defense from doing certain things without approaching the bench.

One of the items regarded not allowing the defense to bring up media reports.

'This prevents lawyers from pulling up a newspaper article, magazine article or blog post,' Nichols said."

Since the Modern Pharisee has been the leading FLDS centric blog for the past year, occasionally swapping front runner status with Bill Medvecky, one has to assume that when Eric Nichols refers to blogs, he's referring to yours truly.

I accept.

LOL. Lemmings.










(I brought the inner tube.)

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No new tricks up Michael Emack's sleave, he goes No Contest

Michael Emack pled "nolo contendere" but preserved his right to appeal, answering a question on my mind:

The San Angelo Standard-Times - Judge Barbara Walther of the 51st District Court asked (Michael) Emack if he understood what the plea allowed him to do.

'I believe it helps me maintain my dignity,' Emack said.

He also said he understood that it allowed him to appeal. The court recognized that Emack reserves the right to appeal only in certain cases.

One case regards the lawfulness of search warrants that law enforcement personnel used to raid the Yearning for Zion Ranch outside Eldorado in April 2008 on the basis of what later turned out to be a hoax call of a girl claiming she was abused inside the community."

I had wondered about this. If you plead "no contest" can you re-open the case if the evidence is disallowed later and the answer is "yes." Depending on how long those appeals take, Michael may be out about the same time they get processed through our legal system. It apparently took making a special stipulation to reserve that right for Mr. Emack who will get seven years.

He also gives up his "right to remain silent" among others which I don't know exactly how to take. The waiver stipulation worries me:

"(Judge Barbara) Walther had Emack agree to a 'waiver of stipulation of the evidence,' saying that the evidence was accurate and could prove the case beyond a reasonable doubt."

I honestly don't know. Does this now constitute a form of testimony that can be used in other cases? Namely, that the evidence is "accurate?" Judge Walther is not a great jurist, but she is not a stupid woman either, and I'm sure the prosecution had influence on what it would accept from Mr. Emack. Greater legal minds than mine (there are quite a few) will chime in on this development and reveal what it means to it's fullest extent.

As always, it happens late on a Friday. For now it seems though, that Michael avoids the meat grinder trial, the publicity and the "perp walk." If the appeal goes badly, he won't spend too much more time behind bars than he would if it's successful.

This also means that in general, procedural issues with regard to appeal have been covered by the first two trials. There was no "grand stand" left to make at this trial, that wasn't made in the first two.

There is this fascinating tidbit as well:

"Emack has a pending bigamy case against him, and he said he intends to plead no contest to that as well for seven years to be served concurrently with his sexual assault sentence.

(Michael's) defense lawyer, Abilene attorney Randy Wilson, will reserve the right to appeal that bigamy case, stating that Emack intends to be a part of a joint motion of FLDS members that will challenge the constitutionality of Texas’ bigamy statutes."

Interesting. Plead out so that you can challenge the constitutionality of a bigamy law. My work may be done soon.

The constitutionality angle will burn the candle at one end, the evidence challenge at the other. Eventually, if the evidence challenge fails, but the constitutional angle does not, it will be argued that Texas married young women right up to the point of the raid, that were of similar and younger age than the informal brides of the FLDS. I suppose the argument would then be, "I wasn't asking to do anything wrong, I was just forbidden to do what was my right by the state of Texas." Texas can hardly argue it doesn't want young girls having sex, when it's marrying them off. All they can say is they don't want young girls having sex with older men who have another wife, and that will be an unconstitutional restriction.

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Michael Emack gives up on his Neighbors, no new trial for Raymond

The next FLDS trial, will be in San Angelo.

The San Angelo Standard-Times - "In a pretrial hearing on Thursday, the prosecution, headed by attorney Eric Nichols, and the defense, led by Abilene attorney Randy Wilson, agreed to the change of venue from Schleicher County. The prosecution had pushed for the change of venue for the previous trials of FLDS members Raymond Merril Jessop and Allan Eugene Keate, but the trials were held in Eldorado."

Whatever value the FLDS has assigned in the past to being at home, they've given up on now. I guess you have to figure 33 years is bad enough, and it can't get worse going to Tom Green county.

"Earlier in the morning, (Barbara) Walther denied a motion for a new trial for (Raymond) Jessop, who was convicted of child sexual assault in November. A defense attorney argued that the Schleicher County grand jury selection process was unfair to Jessop."

We do get a view though, of another appeal angle. Regardless of what was agreed to by the defense regarding the composition of the jury, they clearly took umbrage and now they're griping for the record. I'm not going to pretend to know the ins and legal outs of procedure, but this process has stunk up the place, it only works if you don't care how you "get 'em" but just want to "get 'em."

"Gerald Goldstein, who stood in for Mark Stevens as Jessop’s attorney, was displeased that Walther presided over the hearing because she was involved in the grand jury selection process.

'This should be heard by a different court,' Goldstein said at the beginning of the hearing."

Some FLDS arguments I am sure are exotic and far fetched. That is normal for a vigorous defense. I'm sure that attorneys have touched bases for all forms of appeal during the trial and will be trotting them out out one by one or in a bunch.

I don't think it's possible for trials to go so seamlessly for the prosecution when there were so many well known question marks about the raid in the first place. Walther makes a better driver, than she does a judge.

Nice that they got this out of the way, before Rozita's first appearance.

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33 Years. That's life.

Only an appeal of the method by which the evidence was obtained will give Allan a chance to see the outside of a prison:

The Eldorado Success - "Allan Keate, 57, was sentenced to 33 years in state prison by Schleicher County jurors moments ago. He was found guilty Tuesday on a charge of Sexual Abuse of a Child. Under Texas law Keate could have received 99 years in jail and a $10,000 fine. The jury deliberated just over 5 hours before reaching their decision."

I know murderers, plenty of them, who get less time.

CNN - "As her minister husband lay dying from a shotgun wound to the back, Mary Carol Winkler wiped the blood bubbling on his lips and apologized, according to a statement read Friday in court.

'He asked me, "Why?" and I just said, "I'm sorry," ' she told police in the statement. 'I told him I was sorry and I loved him.'

Winkler, a 32-year-old mother of three, gave the statement March 24, two days after prosecutors say she shot her 31-year-old husband, Matthew, in bed in the parsonage of Selmer's Fourth Street Church of Christ." October 3rd, 2006

I guess if you're sorry, that makes it not so bad. Mary Carol Winkler? She's out of jail, and has full custody of her three daughters. She did, after all, tell her dying husband she loved him.

Oh wait, her husband was a man. Death, was too good for him I guess. Allan's a man too. I guess that explains everything. And Mary's husband? He was involved in RELIGION. So was Allan. Those evil bastards. Probably both men believed that religious stuff too.

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Keate Guilty

From the Texas Attorney General's office:

"Allan Eugene Keate found guilty of sexual assault of a child in Eldorado, TX. Keate in custody pending punishment."

Found here.

Next up? Michael Emack, January 25, 2010, "sexual abuse of a child."

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The Prosecution rests

DNA evidence has been presented that almost certainly established paternity in the eyes of the jury and then:

"Law professor John J. Sampson of the University of Texas then testified that the alleged victim was not married to Keate. Sampson said he is a tenured professor and that he operates a children's rights legal clinic where he and two other lawyers supervise law students that advocate on behalf of children.

Sampson then said that he had reviewed evidence in the case and expressed his opinion again that the alleged victim was absolutely not the legal wife of Allan Keate." - The Eldorado Success.

The case seems to be pretty simple. Keate is the father, this is his child, this is his mother, they are married, she's too young. Randy Wilson preserved his appeal options by moving to dismiss, which I would have denied, had I been the judge, but Randy has to do his job.

Whatever defense there is, will commence tomorrow morning.

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