Thinking Toto and Oz, of Blues, Rozita and on Broadway

Toto Ruins the Show

Why have I always seemed to care about "TxBluesMan" and Rozita Swinton?

They represent a chance to "look behind the curtain" and see who is calling the shots. There is always a chance that there is nothing behind door number one, but to know that, you have to look, don't you?

A good deal of the close observers of the YFZ debacle two years ago have a hard time accepting the way Rozita has been treated, and only technically "investigated." Indeed, the "investigation" only seems to serve the purpose of shielding persons like FBI Special Agent Johnathan Wilson Broadway from testifying about any communication between San Angelo and the FBI's Colorado Springs office. As I have observed before, it's the equivalent of taking the fifth.

Also as I have observed before, why would you refuse to testify about the communication between Agent Smith (and Broadway?) if it was inconsequential or normal?

All of the behaviors of the prosecution and Law Enforcement agencies feeding the prosecution with evidence suggest there is some unspoken truth, and that this concealed reality is in some way embarrassing to the prosecution.

Embarrassing is putting it politely. So, we have the figurative curtain, and we have what is behind the curtain, and that's where Oz and Toto come in. I'm Toto. I want a look behind the curtain to see what's going on. All the behaviors of the prosecution and it's witnesses (see Arizona's suppression of the evidence) say something is going on.

I pursued Rozita Swinton until there was nothing (at least for now) to pursue. Why? If she could be made to testify fully regarding her reasons for calling, it might be revealed that someone "encouraged" her. That's a look behind the curtain. Who might have encouraged Rozita would be a good thing to know, provided such a person exists.

I pursued "TxBluesMan" who has seemed preternaturally connected and possessed of resources? Is he (she?) one of the people behind the curtain? Who is the Blues connected to, if Blues is connected? Again, this leads to insight, provided such people exist.

Now we have FBI Special Agent Johnathan Wilson Broadway, who served as an information clearing house for calls concerning Rozita Swinton who may have held and delayed important knowledge reaching certain people so as to facilitate the raid.

All kinds of speculations could be made about Agent Broadway. He's shown a penchant for marrying older women, and whereas most men who marry as the get older, marry women that are increasingly younger than they are, Agent Broadway seems to marry women increasingly OLDER than he is, having been married twice that I know of. No crime of course, but is he bent out of shape with the FLDS because there is an Alison Mosbeck in his past? Is this working itself out in some sort of Freudian manifestation by his choosing of older women for brides?

I could use a circumstantial link of behavior and suggest Blues and Broadway are alike because the close proximity of Broadway's two marriages. The closer the two marriages are, in terms of time, the more likely that personal relations between you and your second bride overlap personal relations between you and your first bride. Was the most human moment I have ever seen TxBluesMan have, his sensitivity and attempted extortion of me, regarding Marty Braemer, an indication that he carries personal guilt in that area and it hurts? Is this the same for Broadway? Does it suggest something more than simply being similar men? Does it suggest they are the same men?

All I am trying to do, is get behind the curtain. I don't care if I corner Rozita or Blues or Broadway. In fact, I don't care if Blues is Broadway. Right now, Agent Broadway is the best and most public bump showing in the curtain, and so I intend to pursue knowledge about him. If you have anything to tell, please contact this blog. You can do so in the form of a comment that you ask me NOT to publish. All comments on this blog are moderated so I would heed your wishes and not publish that comment, but I might use the information if it can be verified.

You can email me, hughmcbryde (at) gmail. This sort of plea for information, has worked in the past. It's the reason I know Rozita worked for Lt Maggie Santos, of the Colorado Springs Police Department.

At this point, I don't need protected victims to testify (Rozita), or skulking nobodies to come out of hiding (TxBluesMan), I simply need to know more about Special Agent Johnathan Wilson Broadway. "JW." John. John W. Johnathan W. He's in this up to his neck. Is he just in deep water or is he trying not to sink in quicksand?

He's lived in Texas, in Tarrant county, he's gotten married at least twice and divorced at least once in Texas. He moved to Douglas County Colorado. He worked as a special Agent for the FBI in the Denver area. The more I know about him, the more I can connect the dots and see if those connections are revealing.

Who is he? What school did he graduate from? Where was he born? Let me know.

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A Blast From the Past

Let's go back in time:

US Attorney Brett Tolman

"Federal authorities have been probing allegations of crimes involving the Fundamentalist LDS Church and its leader Warren Jeffs for years — but have been unable to develop enough probable cause to launch a full-scale investigation or bring charges.
'Those cases where you hear rumor and innuendo about child brides and corruption, we have to have reasonable suspicion to open an investigation,' U.S. Attorney for Utah Brett Tolman said Thursday. 'Beyond that, we have to have probable cause to even get search warrants and grand jury subpoenas. That we have not been able to establish on numerous occasions.'

In an extensive interview with the Deseret News on Thursday (May 1st, 2008) Tolman and Tim Fuhrman, the special agent-in-charge of the Salt Lake City office of the FBI, detailed their efforts to investigate crimes within the FLDS Church. They also spoke against the need for a federal task force on polygamy-related crimes, despite a push by the U.S. Senate majority leader and the Utah and Arizona attorneys general."

That's four weeks after the raid. The FBI HAD NOTHING. They were still saying it.

Then enters the Shadowy Special Agent Johnathan Wilson Broadway? A man with Colorado Connections who neatly withholds information on Rozita's involvement from Texas Rangers, until after the raid is over.

FBI Special Agent J W Broadway, who leans on Anti FLDS forces that are not too bright, when they stray too close to sensitive material?

Brett Tolman also says:

"The crimes that are being alleged or that there is suspicion, these are predominantly state crimes. I think it's a rush to judgment to think that a federal task force is the answer."

So they have nothing at the FBI. They can't prosecute sex crimes unless they are Mann Act stuff.

"Right now, Tolman said that all his office has is suspicion and nothing more. Child abuse, rape and incest are all state-level crimes. So is bigamy.

'We have the ability to prosecute transferring or crossing state lines for purposes of sex, and we had a case a couple of years ago that we investigated,' Tolman said. 'When the young woman was interviewed, she indicated that no sex had ever occurred. At that point we're very limited outside some evidence to help us establish probable cause.' "

So we have a stymied FBI and no cry for help.

Let's go even farther back, to April 10th, the day before Special Agent Broadway "officially" hands Rozita's name to Brooks Long:

MSNBC/AP - "On Thursday (April 10th, 2008) state and local law enforcement authorities defended their decision to leave the sect alone for four years after it moved in.

'We are aware that this group is capable of' sexually abusing girls, Sheriff David Doran said. 'But there again, this is the United States. We are going to respect them. We're not going to violate their civil rights until we get an outcry.' "

Sheriff David Doran

So I guess we're waiting for a fake call to violate their rights. The FBI can't move, because outcries will be based on violations of local Law, and from the tone of this quote, Doran is feeling the pressure. It's been four years, they've got nothing.

The FBI wants at them, but complains there's that nasty constitution standing in the way. Locals want at the FLDS, but also, there's that troublesome document again.

When exactly did FBI Special Agent Broadway move to San Angelo, from Douglas County, where Rozita was convicted for faking being a little girl in distress?

Evidence dug up by the Pharisees VAST network of researchers say it was sometime after 2002. Agent Broadway appears to have been first stationed in Dallas, and then moved out to San Angelo. He seems to have lived there before, moving from Texas to Colorado and then back to Texas again, probably Dallas, and then out to San Angelo.

So he's been waiting four years too.  Are both men getting a little impatient?  I know the Doran article above makes him sound like he's wanted something to break for a while.

Did they just get tired of waiting and decide to prime the pump? Did Broadway "call someone" he knew in Colorado and "order up" a cry for help?

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What we have here, is (a) failure to communicate (UPDATED)

Often, more often than not, if you're looking for someone or something intently, you can't see it because you're STANDING on it.

What we've got here is, failure to communicate:

From "The Truth Will Prevail" - "Although she had not phoned other agencies since March 29, Rozita went wild on the night of the raid and began placing numerous calls to crisis centers in B.C., Canada, and in Utah as well as to the National Child Abuse Hotline and the Arizona Child Abuse Hotline. There seems to have been little response to any of these calls with the exception of one placed to a safe house for girls in Mission, B.C. on April 3. The caller gave her name as 'Sarah Barlow,' claiming that she was the 'Sarah' who had sparked the YFZ raid and that she was being kept in an FLDS 'compound' in Bountiful, B.C. Jeanene Nelson, the woman who received the call, contacted the Seattle, Washington, FBI Field Office on April 9. Asked why she had not given the information to the Royal Canadian Mounted Police, she said that she had but they 'didn’t act like they were interested.' The Seattle Field Office phoned the San Antonio Division of the FBI to find anyone who might be interested in the information, which was finally communicated to Captain Caver and Ranger Long on April 11 by Special Agent John Broadway of the FBI San Angelo Resident Agency."

Your Modern Pharisee is a one armed Paper Hanger (or is that a one legged man in a butt kicking contest?) On occasion I get wonderful help from a couple of unnamed fellow travelers, but I can't count on it and it's often (far more often than not), uncoordinated.

Even my friends on the "inside" aren't always that helpful. I plead for information and usually don't get it. I dig in places that have already been mined out, I and others duplicate each others work. Agent Smith had said to me last year about his fellow agent, in Texas, calling him; "I'll recognize his name if I hear it." Then above little blurb gets published in "The Truth Will Prevail" a year later. I don't see Broadway's name, and we don't talk about it among ourselves.

I read the article, but as I do often, I'm skimming, looking for the familiar, and the bottom of the paragraph tidbit about Special Agent John W. Broadway? I missed it. That was four months ago. How long has Donald Richter known this? What we have here, is a "Failure to Communicate."

That little Strother Martinism could be said twice, (twice in Cool Hand Luke too), as that failure is at least foisted off on us by the FBI to possibly insulate Texas Rangers Brooks Long and Captain Caver from "knowing" about Rozita, until the raid was over. Supposedly Agent Broadway lets Long and Caver know on the 11th. The raid is officially put to bed on the 10th.

I've always said that if Long made any calls to CSPD on April 13th, he had to know something on the 11th (a Friday). These are Government employees people, and higher ranking ones. They don't work on weekends, unless they have to. If Long knew to call CSPD on Friday, then then FBI Special Agent John Broadway already had Rozita's name when he told him.

According to Donald Richter's article at "Truth," Jeanene Nelson called the Seattle field office of the FBI on the 9th. How convenient. Texas just finished removing all the children. The FBI moves in and does some poking around on the 10th, and THEN, and only then, we are to believe, John Broadway gives info to Long and Caver the next day, who sit on it until Sunday, and call. It would seem they are waiting to know who to call because first FBI Special Agent and Accountant John Broadway must find out who to call. Broadway-Smith-Mandel-Velasquez. Then you have to figure a note is passed back down the chain. Velasquez to Broadway, bare minimum. Long calls Mandel and/or Velasquez at CSPD. Voila! Long "finds out" about Rozita.

Only Special Agent Broadway probably knows already. How long did he know? Why does the Seattle Field Office call Special Agent John Broadway? From what I know, the man is an accountant, not a field agent. It is likely that Broadway knows this stuff when Seattle calls on the 9th. He's probably the clearing house for all things Rozita at this point.

All of this keeps pushing dates back, and now it pushes them back into the time frame where the raid was ongoing, and at least some of the children are still at the ranch. What does a sworn peace officer do in this case? Apparently sit on the info until the kids are safely stolen, bare minimum.

Again, I REPEAT, why does this clandestine back channel exist in the first place? We have cell phones and email and office phones and secretaries if we are in the FBI. WHY is there a POINT to POINT communication channel with RELAY RIDERS that hand carry notes out of sight of everyone?

WHEN was such a network set up? Building a pipeline takes time.

FBI Special Agent John Broadway seems to know Rozita's name on April 9th, 2008.

To use a pipeline to communicate (which MUST be built in advance) he must know that the pipeline goes to the right spot.

Unless some bizarre series of coincidences existed to have an "Old Boy" bathroom conversation network set up already (UPDATE: John Broadway has testified in a case with Denver connections), you have to build the channel because you already know you will need to use it. That means the channel is built no later than the 9th, and these things take time.

I don't know about you, but to me, unless these facts are just flat wrong, it's looking more and more like before ONE child was taken from the Ranch, the FBI already knew who Rozita Swinton was.

Another update, when researching Agent Broadway, it was discovered that he goes by "Johnathan W. Broadway" and "J W Broadway" as well as "Johnathan Broadway."

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Plead the 5th? Not when you can plead "Ongoing Investigation."

I am often proclaimed a "Tin Foil Hat" wearer by various skulking anonymous commentators out there in the ether. For instance, what ever became of that WILD story I told over the last year an a half (approximately) regarding Some Unknown FBI Agent in San Angelo Texas calling FBI Agent Steve A. Smith in Colorado Springs? I mean really, Agent Smith? I just fell asleep watching "The Matrix" and thought I called that guy.

Except there was some unreported testimony in Walther's court on Friday or Saturday. In fact very little has been said in the media about FBI Special Agent John Broadway testifying at all. But he was there. He was there and someone asked John Broadway a question. The question was, "Did the FBI in Texas/San Angelo call the FBI in Colorado Springs on or before April 13th, 2008?"

What was Agent Broadway's answer? Reportedly his expression changed, and he said he couldn't talk about it because it was the "subject of an ongoing investigation."

That's not exactly "The 5th," I know, but it's what creative law enforcement does when they don't want to answer an uncomfortable question. It beats "The 5th," because if you do have an ongoing investigation that you're dragging your feet on, purposely, you can always shut up when asked uncomfortable questions that might evoke "The 5th."

Why was the question uncomfortable? Because the arrest warrant of Rozita Swinton, and the accompanying affidavit justifying that warrant would have us believe that Texas Ranger Brooks Long called CSPD Lt. (then Sgt.) Sean Mandel, and that was the contact that led to "Oh yeah, we know whose phone number that is, it's Rozita's!"

Never mind the fact I've harped on before that you don't "discover" who owns a phone number by calling the police department whose jurisdiction might overlap that cell phone exchange. You call the FBI who looks up the phone number, you don't call CSPD. On top of that, there's no reason to think that CSPD would KNOW anything about a phone number, not attached to a name.

As we learned in early 2009, that's not what happened anyway. It was an unknown FBI Agent in Texas that called FBI Agent Steve A. Smith, who then called CSPD Sex Crimes Unit Sgt. Sean Mandel, who was on detached duty with an FBI task force. Sean Mandel went through great pains to tell me, that he wasn't in CSPD offices during that time. See above, "detached duty."

At any rate, it was Sean Mandel carrying a note from Agent Steve A. Smith to CSPD, and Hugh Velasquez that got the message from the Texas FBI to the Colorado Springs FBI. Apparently the message was "Hey, Brooks Long wants to talk to someone about this phone number."

As observed before, that means that someone in the communication chain already knows whose number it is. The discovery is not being made by calling CSPD, the discovery has been made, and CSPD is being called. It's supposed to look like Brooks Long got on the phone on Sunday, April 13th, 2008, called Sean Mandel at CSPD and Sean told him the number he had, was Rozita Swinton's.

Only that is NOT what happened, and I am the only one who has reported that fact.

Now, FBI Special Agent John Broadway says he can't talk about it.

He can't talk about it? Wouldn't he have said "why are you reading crackpot blogs?" He didn't though. That's because what I told you is true.

Think about this all over again. I know I've asked you to before.

Why is there a communication channel between Texas and Colorado Springs regarding the raid?

Item one. Such channels take a while to set up. It was not set up on April 13th, 2008, to make a call on that day. It had to have taken several days to set up, more likely, a week, maybe more.

Item two. Why did it exist at all? You have to KNOW there is some role being played by Colorado Springs in the raid, to set up a back channel off the record, time consuming method of communication.

Item three. Such channels are meant to be secret, to set up for us an appearance in public that is being arranged behind the scene. Such a channel for orchestration of events and secrecy.

Conclusion. Law Enforcement knew of the existence and role of Rozita Swinton much earlier than they told us. They tried to keep it secret that they knew until after the raid was over. They might have even known about her before the raid, and if they did, it virtually shouts that they either contracted for the call to be made, or knew at the outset it was fake.

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Rozita's Pre Trial Conference on Wednesday

It's been nearly two years since Rozita Swinton was arrested while driving around Colorado Springs, faking distress, and being a little girl.

Her pre-trial conference for that misdemeanor is Wednesday. It has not been "called off/postponed."

History tells us it will be again, and that no prior notice of this "call off" will be given. I will have to chase the prosecuting attorney for the county again, until he reveals that fact to me, that is, if history is our guide.

I remind you, there was an active channel of communication between the FBI in Texas, and the Colorado Springs Police Department. Messages from an unnamed FBI agent in Texas were passed via email or cell phone to Agent Steve Smith, who then wrote them down on paper, gave them to a detached duty member of CSPD on his "Task Force," a Lt. Sean Mandel, who then took them into CSPD. I talked to these men, they acknowledged the existence of this back channel.

The unanswered questions are:

WHY was there this elaborate off the record back channel communcication set up?

Why was this back channel being used prior to Rozita's arrest?

What was the nature of the Task Force Lt. Sean Mandel of CSPD was detached to, from CSPD to the FBI?

There is also the matter of CSPD employment of Rozita, through Lt. Magdalena Santos (980D) who was head of the "Internet Sex Crimes" wing of the "Sex Crimes Unit" of CSPD.

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El Paso County Responds, Rozita to be tried NEXT YEAR.

I called, and I emailed Frederick Stein, Senior Deputy District Attorney for El Paso County Colorado.

This is my letter, to him:

"Mr. Stein,

I have several questions with regard to the Rozita Swinton case, that continues to be delayed. From where I stand this seems to be the oldest misdemeanor case in El Paso county, at this time.

Are you aware of the recently concluded CSPD IA investigation regarding Lt. Magdalena Santos and her well known (around CSPD) association with the defendant?

Are you aware of a statement made by Becky Hoerth, Rozita's former roommate in which she states that Lt. Magdalena Santos (980D) and Lt, Jane Anderson have interfered in a case or cases involving Rozita before, in her favor? This 50 page statement appears to have been generated in the first half of 2008, probably in April.

Are you aware of Rozita being used as "voice talent" for CSPD/CBI (and possibly FBI) internet sex sting operations that drew in suspects from across the Western United States? CSPD in conjunction with a task force was using phone contacts with leads picked up on the internet in which adults successfully portrayed themselves as little girls, to lure in predator suspects.

All of this looks terribly suspicious in view of the fact that the defendant sparked the largest child custody case in US history last year and in view of the fact that her attorney, former El Paso county prosecutor David Foley rather loudly stated he had "surprises" regarding the case in April of last year, a week after Rozita's arrest.

Can you let me know what is going on with this case and when it will next be on the court's calender?

Hugh McBryde
Modern Pharisee Blogspot."

This is his reply:

"Mr. McBride [sic],



The next court dates for Rozita Swinton’s case are Jan 6, 2010 for pre-trial readiness and Jan 13, 2010 for JT. Because this is a open case which is currently being prosecuted by the 4th Judicial District Attorney’s Office, I am unable to answer any further questions about this case.



Frederick Stein

Senior Deputy District Attorney

4th Judicial District Attorney's Office

719-520-6191

frederickstein@elpasoco.com "

I of course, told you it would be delayed, again.

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And Rozita's Trial? YOU GUESSED IT (called off) UPDATED

Will Rozita EVER go to trial before a case in the YFZ matter is finished? It's beginning to look as if the answer is "NEVER."

CallOffs for Tuesday November 10, 2009

CaseNumber	AppearanceDate	DefLastName	DefFirstName	Division
D021 2009CR 003517	11/10/2009	Windle	Emily	07
D021 2009CR 000857	11/10/2009	Rodriguez	Jesus	09
D021 2008CR 005179	11/10/2009	Rodriguez	Jesus	09
D021 2009CR 003056	11/10/2009	Allen-turner	James	18
D021 2009CR 003389	11/10/2009	Tian-velasquez	Pablo	18
C021 2008M 002726	11/10/2009	Swinton	Rozita	C

If you go there, go to this page, it will be under "View Cases For Tomorrow" until sometime this morning, then it will revert to "View Today's Cases." "Called Off" does not mean "it will never happen," at least TECHNICALLY it doesn't mean that. It means IN THEORY it is being rescheduled.

UPDATE: Judging from the case number, Rozita's case originated in 2008. The "M" after "2008" appears to does designate "Misdemeanor." On the whole page of 7 day call offs, there is only one case from 2008 that is a misdemeanor that is still in play in El Paso County. Rozita's. Don't tell me this is normal, this is highly unusual.

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CSPD Internal Affairs concludes it's investigation.

It lacks specifics and I have never been given the "receipt number" for the investigation:

November 2, 2009



Hugh McBryde
P.O. Box ****
Montpelier, VT 05601

Dear Mr. McBryde

This letter is in response to the suspicions you raised in your complaint on 09-24-09 regarding employees of the Colorado Springs Police Department.

A thorough inquiry was conducted which included a review of Department records and reports, interviews with involved employees and review of Department policies. The investigation disclosed there was no violation of Department policy nor was there any indication of inappropriate behavior by our employees.

Sincerely,


Lt. K. D. Wilson
Internal Affairs Division
Colorado Springs Police Department

The letter came in an envelope postmarked November 3rd, 2009, as Raymond Jessop's trial was winding down, and right before Rozita's starts in Colorado Springs. I got it today.

Right way I note it is fairly vague. What is "inappropriate behavior" on the part of their employees? What is department policy? Where's my receipt number?

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Revisiting Sean Mandel

Back in January, I may have been wrong. That happens.

That's may have been wrong, but not very. On January 21st I reported to you that I had contacted Sean Mandel of the CSPD and discovered that he had NOT been contacted by Texas, rather he had been contacted by an FBI agent he was working with on detached duty in April of the preceding year. That would be the month that the YFZ raid occurred and Rozita was apprehended.

In view of what has been discovered in the last several days, I'm forced to say this might not have been "first contact." This was indeed a "back channel" that I discovered, a sort of "carrier pigeon" network instead of the normal channel, but who contacted whom first? I have always assumed that I stumbled upon the first communication between CSPD and Texas and the FBI, but it may have been one in a long series of contacts, designed to stay OFF THE RECORD.

One of the things CSPD's IA needs to ask, and look for is who contacted who first? Was it "Beta" (Maggie's "longtime companion") or was it Maggie or did some other member of CSPD call TEXAS first and say "I think we know your caller?" The precise mechanism of the first contact between the FBI, the Texas Rangers, Sherri f David Doran and CSPD must be known. WHO called WHOM first and WHEN?

What if Maggie did the RIGHT THING and called before the kids were carted away? Before the raid took place?

PS: I'm apparently "Stalking" Rozita, assuming of course that this blogger is Rozita. It has always seemed to be her. The graphic is funny. (In case you're wondering, the smallest print says ("BTW, you're out of milk.")

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And now, the Rangers just resort to LYING, Walther admits an Evidentiary hearing is necessary.

When all the dodges, the hiding behind "Secret Grand Juries" and Judge's peticoats give way, what do tough Texas Rangers Do? LIE. They just plain lie, bald faced. These are not men. They shame their uniforms.

The Salt Lake Tribune - "(A)n investigator for defense attorney Gerald Goldstein testified that he checked with the Schleicher County Medical Center and learned that no one from law enforcement had ever sought medical records related to the caller's claim of receiving treatment there for broken ribs. That contradicts testimony by Texas Ranger Brooks Long, who said earlier this week that the Tom Green County prosecutor had inquired about the records."

So Brooks is exposed as a liar. That means everything he says is now called into question and cannot be believed unless it is corroborated. Not by the testimony of OTHER liars, but by hard evidence. Phone records for instance. By the way, one of the reasons you don't call hospitals and confidently state that no one came into the emergency room by that description? You already know no one came into the emergency room fitting the description of Sarah. One of the reasons you know there is no "Sarah" in an emergency room? You already know the calls are coming from Rozita Swinton. Just a thought here.

Next liar? Philip Kemp. Allegedly it was Brooks Long that was calling the Colorado Springs Police Department on April 13th, a Sunday, in 2008 to investigate Rozita Swinton. Now we are simply asked to believe a new story contrary to those published reports I have already proven were false?

"(Ranger Philip) Kemp said he was asked to investigate the calls on April 14, 11 days after authorities received a search warrant that gave them access to the sect's ranch. Authorities removed 439 children from the ranch last spring after receiving Swinton's calls."

Sorry boys, your Modern Pharisee already talked to CSPD on this one. We are now asked to accept bald faced a new date and a new caller. Not Brooks Long on the 13th, but Philip Kemp on the 14th.

The problem is it wasn't either of them on the 13th or the 14th. It could have been one of them earlier than that. The FBI made contact with CSPD, probably looking for someone for Kemp to dance with that week. That means, as I have contended before, that it was already known who Rozita was before that. Kemp's alleged Monday the 14th "investigation" is most likely a set up. A staged event to mark on the calender when it was that the "shocking" news of Rozita was "discovered."

I saw this coming.

"This is pretty much going to be the evidentiary hearing," Walther said (this) afternoon.

On no you don't. It's your resistance that has forced this proceeding to turn into a near evidentiary hearing, but you don't get to change it to that because you have lost control. Everyone deserves real notice for one thing.

If Walther says this IS the evidentiary hearing, then she has now admitted the evidence standard was cleared by a country mile, that an evidentiary hearing was dictated by weight of the evidence a long time ago.

Now she's trying to pull the fast one of limiting the hearing, and tricking attorneys who were not prepared to argue admissibility, only the need to have such a hearing. If you admit that you're having the hearing already, then you admit to it's necessity. If you admit to it's necessity, you admit to the need to do it right.

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San Angelo Standard-Times Confirms Modern Pharisee Story in January.

Back on January 18th, and later followed up on with a story on the 21st, I reported the Affidavit connected to Rozita Swinton's arrest warrant was false. Now that is corroborated by Paul Anthony.

"April 13 (2008): A request to the FBI for phone records of the number used on the three-way call is returned, showing the number registered to someone in the household of Rozita Swinton, who has been accused of making numerous false reports to police and women's shelters. The records show she called NewBridge 16 times between March 22 and April 12. A second number also traced to Swinton called NewBridge seven more times."

I still do not believe the dates, but it is partial confirmation. The affidavit attached to the arrest warrant says that the request for the information came on April 13, and it was from Brooks Long, directed towards CSPD. The San Angelo Standard-Times story says that the REQUEST was instead by the FBI (again, corroborating the story first written here) and was returned on April 13th. Compare this with stories here, and here.

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What's that all about? UPDATED

Rozita had a GUN and they let her KEEP IT? What's this all about? I don't know what to think, either we have another one of Bluesy's weird, always anonymous friends or this is a tale from the inside.

"TxBluesMan, Is the only one who gets what happen. He so has it there is no conspiracy. I will tell you that the LE in Colorado did not do things the way it should have been done. I have inside information. The arrest warrant was thrown together at the last minute so there goes a conspiracy theory. The bond was asked to be increased due to safety risk to the public and flight risk. If this was the case why didn't we confiscate her gun. CSPD isn't that smart to be involved in a conspiracy. We arrested her on a case that we had no proof that she was involved in in order to get her in so that the Rangers could question her. Along with the search warrant we were suppose to use it to gather evidence for the 'Feb call' but no it was a back door to let the Rangers in to get what they needed. So about 90% of what was taken from her apt the Rangers took back to Texas with them. Now we run into the problem of the case we charged her on. It's all circumstantial we have no proof she is connected to the 911 call. This is why the case has been delayed. If you notice the arrest warrant list a lot of circumstantial evidence, situations she has never been charged on. If you saw the discovery you would flip more than you have been. It is all circumstantial we have no proof. The reality is only one of the numbers are connected to Swinton. Is the (719)243 number. The other is connected to other Colorado calls that we have never been able to connect to her. Not only did we scew that up. Swinton asked for an atty before she even knew what she was charged with. After she asked for and atty and read her rights we continue to question her and we allowed the Rangers to enter the room after she asked for an atty. We realy screwed this one up. Finally ,I got that off my chest."

Frankly, it SOUNDS a little like one of the weird Rozita sympathizers that float around out there, but I don't have anything to say other than to offer it up for you to look at.

UPDATE - SPECULATION: This person is not literate enough to be CSPD. I too have my doubts about the relative wisdom of some of our boys in blue, but this is not well written.

BUT, on the face of it the writer would seem to have been there. So if the writer is not an outright liar:

That's CSPD.

Texas Rangers.

Rozita Swinton.

FBI? (only technically, I'm going to say writing style precludes that)

Rozita's roomie, Becky Hoerth

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Texas Emergency Information Requests go by carrier pigeon?

Rephrasing and refreshing the FBI/Ranger/CSPD April the 13th MYTH.

It often occurs to me I have not explained it well. Look at what has to be believed for the Texas Rangers to have contacted CSPD on April the 13th, 2008 regarding Rozita Swinton.

Figure this series of contacts MUST start early in the morning, so we'll do the hypothetical this way.

Texas Ranger Brooks Long wakes up, after a grueling 10 days of YFZ nonsense and looking for "Sarah."

He gets his morning Newspaper, coffee, breakfast, and sits down to enjoy a quiet Sunday Morning and says "OH (Bleep!)"

Picks up the PHONE, and calls NOT THE CSPD (because he has Colorado Springs cell phone numbers) but the FBI, in SAN ANGELO.

But WAIT! The FBI IS THERE! Someone is working late OR, (More Likely) Brooks calls an FBI agent he KNOWS at San Angelo. Apparently this is an EMERGENCY, BECAUSE...

The unknown FBI San Angelo Agent IMMEDIATELY DROPS EVERYTHING! He calls an agent in Colorado Springs who is AVAILABLE and ANSWERS! Keep in mind that in this total burning down emergency mode that has to exist for things to move this quickly, Brooks has not called CSPD, he's called the FBI, who also in this BURNING WEEKEND EMERGENCY MODE has called another FBI agent he just happens to know and be able to contact on the weekend. REPEATING. Brooks Long calls an FBI Agent HE KNOWS and KNOWS the after hours phone number of who then turns out to know, (coincidentally) the private after hours contact number for FBI Agent Steve A. Smith of Colorado Springs who just HAPPENS to be working on a Task Force in Colorado Springs with a Sgt. Sean Mandel, who he just happens to BE with, or whom he PICKS UP THE PHONE, (again, convinced of the BURNING EMERGENCY) and calls not HEADQUARTERS, but Sgt. Sean Mandel.

Now at least a Message, traveling through back channels and still carrying with it specificity and clarity and a tone of BURNING EMERGENCY passes to Sgt. Sean Mandel, who is getting this now FOURTH HAND and he creates yet another link in the chain. Sgt. Sean Mandel who clearly cannot go into CSPD offices because of his detached status on what is probably some "undercover" investigation with the FBI task force (this is a VERY convoluted strange path) picks up the phone or goes to SEE Sgt. Hugh Velasquez IN PERSON and now the FIFTH HAND emergency back channel message has reached an active member of the CSPD on duty on Sunday, Sex Crimes Task Force Member Sgt. Hugh Velasquez who then contacts SIXTH HAND, Detective Terry Thrumston.

Sgt. Hugh Velasquez then sends another message back down the line or contacts the FBI agent in San Angelo himself (this is now 7 or 8 uninterrupted phone contacts immediately attended to, no "unknown calls" screened out on a Sunday) and in addition to that, researches the phone numbers, on a the same day, and fingers Rozita Swinton. The FBI agent in San Angelo calls Brooks Long, who then calls Sgt. Hugh Velasquez (minimum 9 calls after hours among people in Law Enforcement on a weekend not all of whom KNOW each other) and Sgt. Hugh Velasquez says "Brooks, WE HAVE YOUR GIRL! HER NAME IS ___________!"

No.

I don't believe that happened that way. Do you?

No.

I don't believe that happened all on a Sunday, DO YOU?

That means the story is a lie, the contact between the FBI and the Texas Rangers about the phone call occurred earlier, the preceding week, not the week of the 13th, and the only believable day for that is Friday, April the 11th, 2008.

It is also possible that the FBI tipped the Texas Rangers after researching it themselves. Once we realize that the story is a lie, the true story is, well, just about anything.

What I can promise you is this did NOT start on the 13th. The inquiry into the phone numbers began earlier than that and the FBI doesn't want us to know when, and does not want us to know who was involved and does not want us to know whose idea it was.

Now, KNOWING that you've been lied to about all of this, do you believe that the FBI, upon completing their own search warrant on Thursday, April 10th, 2008, gets it in gear on the phone number issue on Friday, April 11th, 2008 and also this investigation is completed on Sunday, April 13th? Remember the path that has been documented has this minimum number of links, and players.

FBI Agent in San Angelo (working at SOMEONE'S request, not his own) calls an FBI Agent in Colorado Springs who HE DOES NOT KNOW, and WHO DOES NOT KNOW HIM.

THAT FBI Agent just HAPPENS to have a CSPD Sgt. on his task force.

THAT CSPD Sgt. contacts another CSPD Sgt.

THAT CSPD Sgt. contacts another Detective at CSPD.

SOMEONE get's back to the FBI in San Angelo.

I repeat, this does not all happen on a Sunday afternoon. It doesn't even happen on a weekend. It barely has enough time to happen on Friday.

Remember also that you have to believe that the FBI and Sheriff Doran and the Texas Rangers BELIEVE there is a Sarah, so they BELIEVE that they will find the owner of the phone, and trace it back to a member of the FLDS, but instead, they find Rozita Swinton.

Also, why does the FBI inquire of CSPD? WHY would you believe that the phone numbers were involved in a CRIME?

If you believe the phone numbers were involved in a crime, doesn't that suggest a database that was accessed?

Why wasn't that done right away?

WAS that done right away?

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FBI Dallas Caught in a Catch - 22

According to Mark D. White, Media Relations, FBI Dallas, he can't comment on an ongoing investigation. But for him to NOT comment, there has to be an investigation, but he can't tell me anything about an ongoing investigation, but for him to invoke that

there has to BE an investigation. You see how it goes?

"There was only one catch and that was Catch-22, which specified that a concern for one's safety in the face of dangers that were real and immediate was the process of a rational mind. Orr was crazy and could be grounded. All he had to do was ask; and as soon as he did, he would no longer be crazy and would have to fly more missions. Orr would be crazy to fly more missions and sane if he didn't, but if he was sane he had to fly them. If he flew them he was crazy and didn't have to; but if he didn't want to he was sane and had to. Yossarian was moved very deeply by the absolute simplicity of this clause of Catch-22 and let out a respectful whistle.

'That's some catch, that Catch-22,' Yossarian observed.

'It's the best there is,' Doc Daneeka agreed."

Mark D. White, Media Relations, FBI Dallas deserves some sympathy, he has taken to screening my calls and is "very busy." Of course for him to invoke the "no comments with regard to ongoing investigations clause, there has to be and investigation." For him to say there is no investigation means that a FBI agent did something "under the table."

WHY is the FBI in Dallas afraid to answer the question of whether or not there was a case opened by an FBI office in Texas to ask an FBI Agent in Colorado Springs about Rozita Swinton?

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Does the press possess the courage to report the FLDS story?

Let me say first that without the reporting of the Salt Lake Tribune, the Deseret News, and to some extent (unconsciously) the San Angelo Standard-Times, the blogosphere around the FLDS controversy would be nowhere.

Having said that, they've settled into a sort of sing song complacency that is infuriating. It is more than difficult as a blogger to be the source of real news in this story. I for instance, am in New England, Bill Medvecky is in Florida, Kurt Schulzke is in Georgia. We're not reporters, yet some of the key events are having original reporting done on them by the bloggers.

Contrast for instance this story, in the Deseret News about two hours ago.

"Only eight children remain under court oversight as the custody battle over the children from the Fundamentalist LDS Church's YFZ Ranch withers away.

Texas Child Protective Services confirmed to the Deseret News on Tuesday that a total of 431 children have now been dropped from court jurisdiction in the ongoing child custody case. The children belong to three mothers, CPS officials said."

But this is old news since Free the FLDS Children reported this story 72 hours earlier. Perhaps with so few children left, and their release from oversight being so regular in the last four months we've become desensitized but this is big news. Five is one of the biggest number drops in the total recently. In addition, it represented almost 40% (38.4) of the remaining total. How long did it take for one (only one) member of the main stream media to report this story? THREE DAYS.

Since Bill was accurate in his reporting of this story it stands to reason his inside sources have him correctly reporting this one as well;

"After last evenings rant on a friends blog by Natalie, whereby she, as an Officer of the Court, named children involved in the CPS 'Investigation' and sent copies of the testimony of Merril Jessop to the blog to purposely inflame any possible Jury Pool against him, (Judge Walther) wasn’t too happy with her girl wonder and bitched her out loud enough to be heard in Peggy’s Office.

I’m sure (Barbara Walther) would have loved to, but neither Willie nor Merril are sitting in jail tonight for contempt of Court, but Natalie is going to have to go out tonight and buy a much larger pair of knee pads to keep barbie happy in the future."

If remotely true, this set of basic circumstances seems to suggest that Natalie Malonis is the active agent of Barbara Walther in the courtroom (news in and of itself) and confirms what a bad choice for stooge she is, and what a loose canon as well.

In addition, there is this bit of news over at Contraries, which if I understand it correctly, is what Bill refers to as "a friend's blog." An extensive section of transcript from the deposition in which Ms. Malonis, goes after the "Teresa Jeffs" child issue. Malonis as gone back and forth, but mostly towards the notion that she does think there is a child, until confronted pointedly, and then she says it's just a hypothetical that we could imagine to be true about other children.

All of this is news.

Then there is my own humble effort to expose a lie hidden in an affidavit to create the warrant to arrest Rozita Swinton, about which the Deseret News bravely says in the same article;

"Hundreds of children were taken into state custody in April when law enforcement and CPS caseworkers went to the YFZ Ranch outside Eldorado, Texas, to investigate a phone call of someone claiming to be a pregnant 16-year-old in an abusive, polygamous marriage. The call is believed to be a hoax, but authorities claimed to have found other signs of abuse on the ranch."

Oh puh-leeeeez. There are so many other ways to write that last paragraph that say so much more and still preserve the paper's position with regard to liability. They could for instance touch on the length of time it is taking to "investigate" charges against a woman who is known to own the phones from which those calls came. After all, it's in the affidavit.

Speaking of which, my own little contribution over the last week or so to the "reportage" on the story has been to reveal that the affidavit attached to the CSPD warrant of April 16th, 2008, is cleverly contructed to promote a falsehood which the press dutifully reports on as fact to this day. That falsehood is that Texas in the person of Ranger Brooks Long called CSPD and talked to Sean Mandel on Sunday, April 13th, 2008.

That is simply false.

Keeping in mind that the "raid" ended with evidence collection by the FBI (and maybe some more Texas activity) on Thursday, April the 10th, 2008, the date of April the 13th is a strange one, and not even a date substantiated by the players involved.

First of all, it's a Sunday. You don't have an Government job because you want to work weekends folks, so if you do work weekends, you don't buy troulbe on weekends. Nobody calls up from one FBI office or Police station to another on something that can wait, on a weekend.

Second, it was the FBI who contacted the FBI but the FBI agent who spoke to me personally whose story was corroborated by the CSPD Sgt. can't even tell me it DID happen on a Sunday. he "doesn't recall." "It could've been earlier" and he "doesn't recall" how he was contacted and "he didn't open a case" and I have since talked to the FBI in Dallas, and they won't comment on the fact that at one end or the other, the FBI was supposed to have opened a case, when one FBI agent requests information of another regarding a crime.

No case. No comment, and it would appear that Ranger Philip Kemp, at the very least was on record as having requested information of the FBI on the Rozita Swinton Phone Call Matter on Friday, the 11th.

I'm sorry, but this is big. You don't go through elaborate trails to hide nothing, yet it appears that this is what the FBI did.

Either Law Enforcement has either deliberately postponed looking into the Rozita Swinton matter until the raid was done, or they are covering up, in advance, the researching of where the phone calls came from. Why pray tell do you cover up carefully the investigation of something you don't know? Isn't one of the answers that you do know?

At this point Mark White of the Dallas FBI office won't even confirm to me if a case was opened to investigate the phone numbers. If Agent Steve A. Smith was lying to me (unlikely), a case should have been opened on one end or the other. The only reason Mark White won't tell me is that he either does not want to confirm the request made of Steve Smith, or he doesn't want to let us know that the FBI tried to investigate Rozita Swinton completely "off the record."

All of these things are news. The last one might even show that the FBI and Texas both knew that there was a Rozita Swinton, and that she was calling, during the raid. Maybe even right up to the point where Sheriff David Doran is standing at the gate to YFZ, wanting desperately to get in, and willing to say anything to do that.

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We Can't Tell You That, Oh No, No Can Do! Talking to Mark White of the FBI in Dallas about the YFZ raid.

I spoke with Mark White, Media Relations, FBI Dallas.

As expected, Mark appealed to the "ongoing investigation" to explain why it was that he wouldn't give out information as to who spoke with FBI Agent Steve A. Smith from the Texas end, namely, the FBI office in San Angelo. I was able to extract the following commitment from Mark though. Since Agent Smith (I get this funny Men In Black thought every time I say that) said that there was no case opened on his end at the FBI office in Colorado Springs, that there would be a case opened on the Texas side, Agent White will check and see if there was a case opened on the Texas side. If there was not, I imagine this represents a violation of some procedure, if not some sort of law or administrative rule.

I will again ask him the question of WHICH agent opened the case, and if he declines because of the "ongoing investigation" I will be asking him how many agents handled the case, WHEN it was opened, and which agency caused there to be a case opened in the first place. This will be to nail down whether or not Texas opened the case with the FBI.

Potential answers will be as follows of this sort. "Only agent X handled the request that came from the Texas Rangers," or "Local Law Enforcement (that would be Sheriff Doran) made the request." There could be multiple agents. There could be no request from the outside.

A potential answer would be that the request came during or near the beginning of the raid. That would be earth shaking. At least I think so.

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Other end of the Old Boy FLDS - Rozita Swinton Network?

Apparently, it is a Ranger Philip Kemp

with the Texas Rangers, who contacts the FBI on the 11th of April, 2008. I will research this more. It means the chain is now:

1. Texas Ranger Philip Kemp
2. (Unknown FBI agent working out of San Angelo)
3. Agent Steve A. Smith - FBI Colorado Springs Office
4. Lt. Sean Mandel (then a Sgt on detached duty from CSPD to the FBI)
5. Sgt. Hugh Velasquez CSPD
6. Detective Terry Thrumston CSPD

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First Contact UPDATE, regarding Rozita Swinton and Texas.

I spoke with FBI Agent Steve A. Smith

. He cannot recall the date of contact. It was FBI office to FBI office and apparently, deliberately, informal. He did not "open a case."

San Angelo's office called him, he passed the information to Sean Mandel, Sean Mandel to Hugh Velasquez, Hugh Velasquez to Terry Thrumston. Assistant District Attorney Amy Mullaney swears out the warrant.

Steve says he would know the name if he heard it, of the agent that called. He cannot recall if Rozita's name was used in the interoffice contact between Colorado Springs and San Angelo.

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First Contact About Rozita Swinton, NOT with CSPD, but actually with the FBI

I spoke to Colorado Springs Police Lieutenant Sean Mandel today. Breaking news

.

The first contact between Texas Law Enforcement and Colorado was not actually with Colorado, it was with the FBI. Someone in Texas contacted the FBI and Agent Steve A. Smith then communicated with then Sgt. Sean Mandel as he was on detached service with the FBI from CSPD. Lt. Mandel spoke with then Sgt. Brooks Long once or twice in his recollection, which seems to be that they spoke "later in the day."

I emphasize that FIRST CONTACT as presented in Exhibit 3, attachment A, p.5 is not with Sean Mandel and Brooks Long. It is SOMEBODY from Texas, and SOMEBODY with the FBI. It filters through Agent Steve Smith to Sean Mandel and then a conversation occurs with Brooks Long.

The rest of the affidavit attached to the warrant is accurate in the successive events. Then Sgt. Sean Mandel communicated with Sgt. Hugh Velasquez who was on active duty with CSPD, who then communicated with Terry Thrumston, who then gave the affidavit to Amy Mullaney for the warrant. Sean Mandel did not go on the arrest, and says "Texas flew up" to go with the arresting officers.

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