Showing posts with label FLDS Grand Jury. Show all posts
Showing posts with label FLDS Grand Jury. Show all posts

Monday, November 24, 2008

More FLDS men surrender

Three FLDS men surrender;

The Salt Lake Tribune - "Fredrick Merril Jessop, 72; Wendell Loy Nielsen, 68; and Leroy Johnson Steed, 42, were booked and released after posting bonds.

A Schleicher County grand jury indicted the men on Nov. 12. The jury also issued a new indictment on Warren S. Jeffs, president of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Jeffs, currently jailed in Arizona, was indicted on a first-degree felony charge of sexually assaulting a child. The Schleicher County grand jury previously indicted him in July of sexually assaulting a child and, in August, on first-degree bigamy.

Court documents list Jessop as the bishop of the sect's Yearning for Zion Ranch in Eldorado, Texas. He faces one count of conducting an unlawful marriage ceremony involving a minor, which is a third-degree felony.

According to other court documents, Jessop performed a spiritual marriage between a 12-year-old daughter and Jeffs in 2006 at the Yearning For Zion Ranch in Eldorado.

The girl, now 14, was returned to state custody in August after her mother balked at cooperating with Child Protective Services caseworkers. Jessop posted a bond of $30,000.

Nielsen is the founder of a high-tech machine shop, formerly located in Utah and known as Western Precision. He is charged with three separate counts of third-degree felony bigamy, and posted a $10,000 bond on each count.

Steed is charged with one count of sexual assault of a child, a first-degree felony (because it involves a prohibited marriage); one count of second-degree felony bigamy; one count of third-degree felony bigamy; and one count of tampering with physical evidence, a third-degree felony.

Steed was arrested during an April raid on the YFZ ranch after he attempted to remove some documents. He posted a total bond of $120,000, with $100,000 for the sexual assault count."

If memory serves me, Wendell Loy Nielsen hasn't been charged before. It also seems he is only charged with bigamy, though there are three counts of it.

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Wednesday, September 24, 2008

Three More FLDS Targets

According to the "Fort Mills Times" it's three entirely new FLDS men that have been indicted. This is corroborated by the website of the Attorney General of the State of Texas.

"The names of those charged were not immediately released, but the three members of the Fundamentalist Church of Jesus Christ of Latter Day Saints who were indicted Tuesday are in addition to five others, including jailed sect leader Warren Jeffs, previously accused of sexual assault of a child."


Other reports have established that the indictments are against male members of the FLDS. More →

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Tuesday, September 23, 2008

3 FLDS members, Five Indictments

As reported by the Deseret News. Their link is busted though, at the moment, so I can't get details. As far as I know, no one new has been charged but it would make sense that there is at least one new indictee amongst the group of three.

UPDATE
:

"Schleicher County Clerk Peggy Williams said she would not reveal who was indicted until the wanted individuals either surrendered or were taken into custody."


Which is the usual pattern. I keep thinking that Texas strongly desires to drag someone off kicking and screaming but so far that hasn't happened. I think they will try to stage such an event before this is all over, however the FLDS keep cooperatively turning themselves in. More →

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No witnesses, only evidence at the Grand Jury

Apparently they threw a private party this time.

The Deseret News - "Jurors were escorted into the Schleicher County Memorial Building about 8:30 a.m. local time, with law enforcement surrounding the building. However, by mid-day, it did not appear that any witnesses had showed up to testify.

Attorneys representing some young women from the FLDS Church have said their clients were not subpoenaed to testify this time. Prosecutors from the Texas Attorney General's Office went into the building early this morning, taking briefcases and boxes with them."

It will be interesting to see if this produces any indictments. Apparently whatever is being done is pretty much scripted.

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Saturday, August 23, 2008

All three indictments are for Bigamy against FLDS members already charged.

As speculated by your Modern Pharisee, the indictments handed down Thursday were in fact mostly for bigamy, and mostly against FLDS members already charged in the previous round of 6 indictments. They were in fact ALL for bigamy and ALL distributed among 3 of the 6 charged the last time.

The Deseret News - ELDORADO, Texas - Fundamentalist LDS Church leader Warren Jeffs and two of his followers are the latest to be indicted by a grand jury here on third-degree felony bigamy charges.

The indictments were unsealed after Raymond Merril Jessop, 36, and Michael George Emack, 57, surrendered to authorities at the Schleicher County Sheriff's Office Friday afternoon. They were booked and released after each posted $10,000 bond.

'Of course, Warren's in jail,' Schleicher County Sheriff David Doran told the Deseret News after the arrests were made. "But they were able to post bond immediately. Everything was cooperative.' "

Bill over at "Free the FLDS children" is either on to something, or being satirical. Check him out. The continuing emptyness of the state's case is on parade. The evidence challenge has begun and none of the indictments handed down and unsealed so far can survive a successful challenge to the evidence. No one, I repeat NO ONE has been indicted on the basis of "evidence" seen at YFZ during the raid. The original warrant is worthless and will be shown to be so. The second warrant could easily end up going the same way.

The way I see it, Veda Keate has to be the state's lifeline. If she is identified as one of the FLDS wives seen at YFZ that day, with a child, the case could survive. Then the FLDS case would rest entirely on the validity of the first warrant and the state's sincerity in executing it. At this point I cannot be convinced that Texas acted in good faith going to YFZ in the first place. There are enough questions regarding the validity of the warrant, and the states own faith in that warrant. Utah and Arizona BOTH refused to act on calls made by Rozita Swinton with similar charges, discounting those calls as not being credible. They have since dropped the investigation into the "caller" who made those calls, that caller we all know is Rozita.

If Veda Keate turns out to be one of the causes seen at YFZ that day, namely, she was seen with a young child, then it may be over for the FLDS Five and anyone else who is indicted. If not, the states case SHOULD be over, but this is Texas after all. Proving bad faith in the execution of the first warrant will be extremely difficult and would involve proving a conspiracy involving CPS and/or law enforcement.

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Friday, August 22, 2008

And again, the FLDS offer surrender.

Just as before, the state of Texas pretends that secrecy is necessary to achieve arrest. Just as before, the FLDS offers immediate surrender and cooperation.

The Salt Lake Tribune - SAN ANGELO, Texas - "Attorneys representing a polygamous sect have asked Texas authorities to disclose the three individuals indicted by a grand jury Thursday so the FLDS members can voluntarily surrender to the Schleicher County Sheriff's Office.

In a letter sent to the Texas Attorney General's Office today, attorneys Cynthia Orr and Gerald Goldstein reiterated an offer made before Thursday's session to cooperate if the jury issued any indictments.

The attorneys said that upon notice of any indictments, the individuals named would voluntarily surrender 'at Sheriff [David] Doran's office with dispatch.'

The letter also requested that there be a discussion of a reasonable bail amount because those indicted, all members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, 'do not present a flight risk and will present themselves whenever the court deems appropriate.'

On Thursday, the Schleicher County Grand Jury indicted three individuals on felony charges. The attorney general's office declined to specify the nature of the charges or the individual's names until they have been arrested."


If the pattern of indictments continue, and new men are named, even charged men now out on bail, I'm going to guess that Texas will conduct a show raid to "frog walk" a prisoner or two in front of the camera, despite the fact that they have surrendered in the past, and will almost certainly do so again. More →

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Thursday, August 21, 2008

Three more FLDS indictments

Three more;

The San Angelo Standard-Times - ELDORADO, Texas — "The grand jury investigating crimes within the Fundamentalist LDS Church returned three felony indictments against three separate people, a court clerk confirmed."


At this point we don't know if it's just three more indictments against the same men indicted last time.

UPDATE - The Standard Times
had this to add later in the day;

"The indictments were against three people, District Clerk Peggy Williams said, but she declined to discuss any further details - including even whether the indictments name any of the same men charged by the grand jury at its July meeting.

'I'm not going to go into that until these people have been arrested,' she said.

The reticence is a shift in the case; last month, state Attorney General Greg Abbott announced the indictments - leaving out only the names of the men - at a news conference outside the Schleicher County Courthouse."

I'm going to bet that all or some of the charges are bigamy charges, against the same men. Or simply more charges against the same men.

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Grand Jury back at it.

I'm still wondering about those original 18 "sealed indictments." Oh well, they're at it again;

The San Angelo Standard-Times - ELDORADO - "Schleicher County's grand jury is meeting a third time this morning to determine whether any additional charges should be filed against members of the polygamous sect that moved here nearly five years ago."


We shall see. More →

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Thursday, July 24, 2008

What's the Big Secret?

According to this article, the men already know who they are;

The San Angelo Standard-Times - "The men are believed to have retained attorneys, (Texas Ranger Capt. L.C.) Wilson said, and officials will first attempt to contact them through their counsel."


The "aggressive effort" to capture them is going to consist of calling their attorneys on the phone, or dropping them a letter. I can see it now, a postal carrier delivers a certified return receipt requested letter, with extreme prejudice. Face it, this is drama and/or embarrassment or even a lack of confidence in the charges. They gave away immunity and brow beat 4 women to gain a bit of a show for Harry Reid leading into his Senate Hearings. One man is only charged with misdemeanors.

Since apparently all these charges stem from Texas Rangers having the Super Power of X-Ray Vision while on the ranch, seeing "Terabytes" of incriminating documents, they may not be seeking to arrest these men so aggressively after all. Who wants a judge telling you that you're a liar, you don't have X-Ray Vision, and besides your warrant was based on seeing "criminally impregnanated in Texas underage girls" anyway. A feat accomplished by powers of telepathy, not X-Ray Vision.

Shouldn't they have employed that Telepathy to realize the calls were bogus in the first place? Most of these men should be permanent witnesses in Texas Criminal cases, where their powers are best put to use. More →

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Wednesday, July 23, 2008

More information on the FLDS indictments trickles out.

Hmmm, this is about the first thing that Willie Jessop has said that I have a hard time believing. If it's true, Willie, you better wise up. OF COURSE there were going to be indictments. Harry Reid had been promised indictments. He would have scheduled no hearings otherwise. It's POLITICAL Willie, there were going to be indictments, yet there is something that is not exactly shocking, but eyebrow raising in this story from the Austin American-Stateman.

"'We're actually quite shocked. As soon as we know who they're looking for, we'll try to face it,' Jessop said. 'We believe in our innocence.'

He said he didn't know who was indicted and that no law enforcement officials had tried to enter the ranch Tuesday evening."

What's up with that last part? Texas hasn't tried to look for the offenders at YFZ? Isn't that a logical place to look? Are they afraid they will reveal WHO the people they look for ARE? Why is it that Texas is nervous about identifying them? Is it that the revelation of their identities would tell us too much? Like how weak or how unrelated to the raid the charges are? Another thought is that they know where these suspects are, and they are out of state and Texas is quietly seeking cooperation from other states to arrest them.

What we do know is that one indictment is for failing to report child abuse. That leaves four indictments for other crimes. One HAS to be for Raymond Jessop, the "spiritual husband" of Teresa Jeffs. The other has to be for the father of Veda Keate's child. It is possible that they don't have names for some of the indictments. I don't know enough about the law at this point to say. They may be combining DNA evidence to identify a DNA profile for the indictments, but as yet do not have a name to go with the indictment. That seems a little far fetched. We seem to know two of the four men indicted.


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Several FLDS questions answered in this article.

The Salt Lake Tribune;

"One activist who has campaigned for government officials to crack down on underage marriages in the sect hailed Tuesday's indictments.

'I think it's a great start,' said Flora Jessop, a child victim advocate and ex-member of the sect. 'I'm proud of Texas for following through on the abuse they found.'"


Well DER, Flora is going to talk a good game, like abuse was found. What was found was a set of circumstances that INDICATE the POSSIBILITY of abuse, not abuse itself. But on with the show, Flora is always truthful on part these next several points;

"Jessop said she hopes the state also holds parents and other adults who were aware of the abuses accountable for sexual assaults on the community's children.

'That's the only way to send a strong message it has got to stop,' Jessop said. 'This has nothing to do with polygamy. It has to do with systemic rape, molestation and abuse of these children.'"


Right, it has NOTHING to do with polygamy. And until proven, since there are a set of circumstances that suggest, but do not prove rape abuse and molestation have occurred, it could hardly be called systemic. What Flora is always right about is that this is not about polygamy. Then she goes off the deep end and starts promoting her agenda. Even if EVERYTHING Flora says about her personal experience is true, it does not prove present day ongoing systemic rape, molestation and abuse. If anything the length of time before and the small number of indictments, tend to prove the opposite. I continue to point out that in comparing YFZ to society at large, YFZ was squeaky clean.

"Willie Jessop, an FLDS spokesman, said late Tuesday that the sect will address the allegations 'head on.'

'As soon as we know who they are looking for we will make contact with the sheriff's office and make arrangements for those people to appear on the charges,' he said."


So far the FLDS have not balked a bit at confronting charges so I'm confident Willie means this. It is also hard for the innocent to respond to sealed indictments, since they are innocent, and short of EVERYONE turning themselves in, no one knows who should turn who in. By saying that FLDS members will APPEAR on the charges, Willie makes a specific promise, that the five indicted persons subject to the warrants will show up in Texas and submit to arrest. That's quite a promise. Personally I'd have fled the jurisdiction by now with no plans of coming back. I have no trust for Texas Justice.

"Jessop was at the courthouse all day after being handed a subpoena Tuesday morning after a traffic stop. He was accompanied by Las Vegas attorney Richard Wright, who has assisted in Jeffs' defense, and several Texas attorneys. Jessop was not called before the jury, however."


Willies was rousted. The subpoena and traffic stop was intimidation and physical control of Willie. Funny how those who have no moral compass accuse others of that which they engage in themselves.

"Six FLDS women did appear before the panel, which met in the Memorial Building adjacent to the Schleicher County Courthouse.

During the afternoon proceedings, 51st District Judge Barbara Walther was in the courthouse as at least four of the women were questioned again."


Yes, one of them was Teresa Jeffs, contrary to how I interpreted the facts yesterday;

"Jeffs' 16-year-old daughter, whose marriage at age 15 to a much older man was revealed in court documents filed last week (testified.)"


I'll have to research who the "dismissed" witness was in between the June and July hearing. They have no leverage over Teresa since she has no child, though Natalie Malonis alleges that she does. I'm guessing her and the other minor, Veda Keate were not summoned back to the Grand Jury later in the day.
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The Modern Pharisee's biggest day

Tuesday was the biggest blog day ever. The Modern Pharisee was probably aided by the fact that every other FLDS watching blogger took the day off. For the most part.

As a consequence with a slow day at work I was able to check in on the news from time to time and blog away my blues. The Pharisee didn't just have the biggest visitor number for one day, the blog shattered the previous mark by more than 40%.

There were some interesting developments, including the confirmation of the "squeeze play" tactic that was being used on FLDS women. The holding of their own children as hostages to make them talk. Immunity was never intended to create a Scilla and Charybdis situation in which your own children may be forfeit. Yet that is how it was used. Texas has been brutal to the children and their mothers to dig out the possibility of two or three underage sexual liasons among the FLDS.

If in fact any FLDS participated in such a union, and did so in Texas or another state that prohibits such contact, they were extremely foolish. Nevertheless the incidence of sexual "child abuse" at YFZ as a percentage will turn out to be less than in society as a whole. When and if it is documented, it will also turn out to be with girls who are all of the age of consent now, or on the verge of it and who will be able to convincingly declare their intent regardless of what the law says.

Any of us who thought there would be no indictments after Harry Reid scheduled his US Senate hearings, well, we were dreaming. It was surprising to see the Salt Lake Tribune retire for the day with a claim that no indictments had been issued. Barbara Walther and her cronies are near geniuses when it comes to raw unvarnished pressure. They knew how to apply it, and they did.

There was apparently a moment where there was some doubt that Texas would be able to use the immunity angle, and frankly I think they probably didn't have the ability to give immunity but that may be where Harry Reid comes in. The trump card to guarantee immunity rightfully given or not. In the end I think FLDS mothers stared into the yawning pit of loosing their children or having their beloved husbands carted off to jail. It's probable they had been directed in that case by those husbands to give them up, instead of the children.

Texas must get a conviction. They are pulling out all stops to do so. Failing to do so produces the scenario of the raid being completely unjustified in the public mind. It was unjustified, but in the end, Texas knows that if they can find one girl who was underage who had sex with one man who was too old for our culture to accept as a sex partner, they're home free. It won't matter that the basis for the raid was unfounded. It won't matter that the instigator of the acts they prosecute was already behind bars. America will forgive Texas if they can place in our minds the credible image of a middle aged man taking the virginity of a 14 or 15 year old girl. It won't matter that this happens more often in their own church, or their own high schools, it will only matter that a Polygynist did it and Texas will be home free.

That's why they keep going. If they fail to produce one conviction, even if that conviction had NOTHING to do with the raid, Texas is dead, and they know it. More →

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Tuesday, July 22, 2008

Immunity given to FLDS witnesses to force testimony?

Apparently immunity may have been granted to force testimony and FLDS mothers extorted by threats to their children;

The Houston Chronicle - "(Q)uestions over whether that immunity would be accepted by federal prosecution was in doubt, bringing the grand proceeding to a temporary halt (4 hrs) this afternoon. It wasn't immediately clear how those questions were resolved.

Sources familiar with the discussions spoke to the Chronicle on condition their names not be used. One said state District Judge Barbara Walther was called to the secret proceedings and kept in a room separate from the deliberations to go over the immunity issue."

This says Walther did not testify. It also strongly suggests immunity was offered and given. Judging from the way Texas has been conducting it's affairs, I daresay that witnesses were granted immunity with the assurance that the immunity would protect them from the consequences of their testimony, and this may have been a lie. It would explain this part of the article as well;

"(Sarah Barlow) Draper, 37, could be seen daubing her tearful eyes before she re-entered the room. Leann Jeffs' attorney, Andrea Sloan, patted her client on the back before they headed into the grand jury room."

Which would suggest she was forced to testify. The official rumor is that the deal was offered.

"Sources close to the investigation said the state of Texas offered female members of the FLDS immunity from prosecution in exchange for their testimony."

This was speculated to be the reason by your Modern Pharisee for no idictments in the second July meeting of the Grand Jury, and the reason for the month long delay for the third meeting, today. The first Grand Jury meeting resulted in 18 indicments, but no arrests have been reported. This one resulted in 6, after forced testimony it would appear. Testimony forced by offers of immunity that Texas may not have the authority to give.

The dilemna for FLDS mothers was that if they go to JAIL for not testifying, they would lose their children as a side effect. I am sure they would have spent the time in jail but they were in a rock and hard place situation. Testify with immunity. Refuse and face contempt. With fathers under threat of arrest or with practical rights terminated, the mother would be the only parent. A mother in jail for contempt, would lose her children to state custody. This is apparently EXACTLY what was done.

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6 Indicted

6 Ham Sandwiches. One is Warren Jeffs. The San Angelo Standard-Times;

ELDORADO - "A Schleicher County grand jury issued indictments today against Fundamentalist Church of Jesus Christ of Latter Day Saints leader Warren Jeffs and five other sect members, alleging sexual assault, bigamy and related charges.

Jeffs was charged with sexually assaulting a child, a first-degree felony, and the four others were indicted on allegations of sexually assaulting girls younger than (the legal age?) Each of those four face one felony count of sexual assault, and one faces an additional charge of bigamy.

Jeffs was identified because he was served with the indictment in jail. The other four remain unidentified until they are served.

'The indictments issued today are part of an ongoing and continuing criminal investigation,' a news release from Attorney General Greg Abbott's office said."

If you have to like something about this, it is that one of the six is Warren Jeffs. That hardly has anything to do with the raid. Another man is probably "Raymond Jessop," the "spiritual husband" of Teresa Jeffs and it may be that charge loses steam based on whether or not Teresa is a virgin, which she probably is. Of the four remaining, one is charged with being an accomplice, another with bigamy. Some of the the indictments may be for the same man, different crimes. We don't know the identities;

The Deseret News - "One man faces an additional charge of bigamy, also a first-degree felony, while another man has been charged with three counts of failing to report child abuse, according to Texas Attorney General Greg Abbott."

I hate to say it but Willie Jessop might be that man charged with "failing to report child abuse" because that would mean he could be arrested and "taken out" of the picture. Willie wants to be in Washington Thursday. Watch to see if they try to arrest him in a manner timed to prevent him from being there. He'll probably make bail.

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The Plot Thickens, Barbara Walther summoned to Eldorado Grand Jury

Speculation at this point would be wild. I'd hit the mark only by chance. News will probably move faster than my speculations at this point. The Salt Lake Tribune.

"Grand jury proceedings have resumed this afternoon in Schleicher County Courthouse, and tension has grown as controversial 51st District Judge Barbara Walther has arrived, apparently summoned to the hearing for reasons yet unknown."


Putting Texas Attorney General Greg Abbott and her in the same room. Something tells me all is not well with the CPS plan, but nothing can really be determined at this point, other than the story isn't going the way Texas wants it too. The day is yet young. More →

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Where is Teresa Jeffs?

Clearly she is NOT in Eldorado at the Grand Jury, confirming the Modern Pharisee's speculation to that effect.

The Salt Lake Tribune - ELDORADO, Texas - "A 16-year-old daughter of polygamous sect leader Warren S. Jeffs launched a new effort Tuesday (July 22nd) to replace her court-appointed attorney.

A motion filed by Teresa Jeffs in Schleicher County said the 'personal behavior' of attorney Natalie Malonis, who represents her in an ongoing child welfare investigation, demonstrates 'choices that brought her judgment, lifestyle and her ability to cope with responsibilities and obligations into question.' The filing does not offer further specifics, but said it was referring to events that began in 2000. Court records show Malonis and her husband began a divorce in 2000. Her former husband was eventually granted full custody of their two sons."



Is Natalie Malonis COMPENSATING for something? When will this obsessed, divorced, empty nester going to get the hint?

UPDATE: Teresa Jeffs could have been two places today, or her attorney may have appeared in her stead seeking to remove Natalie Malonis. The Dallas Morning News says she WAS subpoenaed.

"Teresa Jeffs (was subpoenaed), the 16-year-old daughter of incarcerated sect leader Warren Jeffs. A child advocate report filed earlier this month indicated she had been married to a 34-year-old man shortly after her 15th birthday. Ms. Jeffs has been involved in a public and frequently nasty fight with her guardian ad litem."
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Teresa Jeffs conspicuously absent from Grand Jury proceedings.

In keeping with my previous speculation that Teresa Jeffs might well be a smokescreen, Teresa seems to be the witness that was "dismissed" earlier from testifying. This was also speculated by your Modern Pharisee. We'll wait for proof on that but she does not appear on the witness list in the Houston Chronicle, nor are there mentions of her in any other paper or news report I have read. (That's Teresa airborne, over the trampoline.)

So, what was all that nonsense about her diary? Was she being punished for being uncooperative? I suspect so. Child abuse indeed. Annette Jeffs, her mother, was called to testify. The first substantive signal that Teresa was not going to appear, was the fact that Willie Jessop was subpoenaed. More →

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Sound and Fury at the FLDS Grand Jury

All that rumbling, and still no lightning;

The San Angelo Standard-Times - ELDORADO - "The Schleicher County grand jury broke for lunch just before noon today, and so far no indictments have been handed down.

A man who identified himself only as Ben, a Fundamentalist Church of Jesus Christ of Latter Day Saints member, said most of the sect women subpoenaed to testify were planning to invoke their Fifth Amendment rights by refusing to testify because the information could incriminate them. With the exception of spokesman Willie Jessop, most sect members divulge only their first names."


I am counting on the storm clouds putting out SOME rain and SOME lightning later. But so far nothing.

"Ben's" observation pretty much confirms that the FLDS women who testified LAST time the Grand Jury met did precisely the same thing, they plead the fifth. Technically polygamy is a crime, so they can hide behind the fifth all day long and not testify. So far at least, there is no evidence that Texas has secured the necessary immunities from neighboring states to offer immunity to the women, and gain their testimony.

That, or they don't want to offer immunity. More →

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A funny thing happened on the way to the FLDS Grand Jury

From the Deseret News: If you can keep your wits about you, while all others around you are losing theirs;

"(Willie) Jessop was en route to the grand jury this when he was pulled over in a traffic stop. Asked why he was stopped, Jessop chuckled to reporters.

'I think it's obvious,' he said, promising to explain more after the hearing."


Who's the thug again?

UPDATE: The confusion get's more confusing. Was Teresa Jeffs there to testify or not? As suspected, and confirmed now by Brooke Adams, Willie Jessop was stopped so that he would be served a Subpoena. Willie has to stay away from Teresa, so......

Now, if he was served, and he testified. That means he's not indicted? If he was indicted, they could have arrested him on the spot or shortly thereafter. More →

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So Many Parallels to the FLDS Fiasco in Vermont Library Case.

Hat tip to "Strange Justice."

Yahoo News/AP - "(Judith) Flint was firm in her confrontation with the police.

'The lead detective said to me that they need to take the public computers and I said "OK, show me your warrant and that will be that,'" said Flint, 56. 'He did say he didn't need any paper. I said "You do." He said "I'm just trying to save a 12-year-old girl," and I told him "Show me the paper.'"

Cybersecurity expert Fred H. Cate, a law professor at Indiana University, said the librarians acted appropriately.

'If you've told all your patrons "We won't hand over your records unless we're ordered to by a court," and then you turn them over voluntarily, you're liable for anything that goes wrong,' he said.

A new Vermont law that requires libraries to demand court orders in such situations took effect July 1, but it wasn't in place that June day. The library's policy was to require one.

The librarians did agree to shut down the computers so no one could tamper with them, which had been a concern to police.

Once in police hands, how broadly could police dig into the computer hard drives without violating the privacy of other library patrons?

Baker wouldn't discuss what information was gleaned from the computers or what state police did with information about other people, except to say the scope of the warrant was restricted to the missing girl investigation.

'The idea that they took all the computers, it's like data mining,' said Caldwell-Stone. 'Now, all of a sudden, since you used that computer, your information is exposed to law enforcement and can be used in ways that (it) wasn't intended.'"

It turns out that all we really needed on April 3rd was a 4' 10" 56 year old female librarian at YFZ.

The parallels are interesting. One is the confidence of law enforcement that they did not need a warrant. Granted, in Texas they got warrants, but the first one was invalid, the second one was based on events seen at YFZ that the most flattering evaluation counts as misinterpretation. Texas is now functioning on no warrant at all.

With both warrnts gone though, nothing stops Texas. Just as with the computers that Vermont sought from the Library, "data mining" can go on forever, and in fact has in Texas. We are well past the non existant Sarah and the abusive Dale, her fictional husband and we blew past the "pregnant underage girls" who wouldn't have been prima facie evidence of a crime anyway, had there been any such underage girls.

Now we're functioning on "Data Mined" from the raid, but not part of the raid's primary intent or the alleged secondary purpose created by "seeing" other crimes. Texas did not "see" Teresa Jeffs' diary. They didn't "see" the record of spiritual marriage arranged and conducted by her father. That was "mined" later.

We can clearly see the danger in the case of Vermont, yet too many of us don't see the wrongness of what is still happening in Texas. What's the justification? In Vermont, "We're trying to save a 12 year old girl," in Texas, "We're trying to save a 15 year old girl." It's offered as the justification for any extreme of behavior and trampling of rights by law enforcment. "We're trying to help, the children."

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