John T. Floyd weighs in on the Motion to Suppress, and just about the whole case.

I really don't know where to begin. The article does not deserve comment, it deserves to be read. Here's just a tiny taste:

"Factual misrepresentations and misinformation are the thread that now bounds the FLDS case."

John ranges through the whole case in summary form and touches on the entire injustice of it, in all areas including the appearance of the FLDS before the Texas legislature. He hits on the cost, the comparative statistical frequency of child abuse and the duplicity of Ranger Brooks Long. Just go read it.

By the way, now that the arguments are in, and a Criminal Attorney has weighed in on the topic, I call all the "ANTI FLDS" bloggers who imply or claim they are legal eagles and lawyers and experts to be refuted. Simply put, until they tell us who they are, they're just loud cowards.

I no longer recognize "TxBluesMan" or "FLDSTexas" or "Ron in Houston" as having any standing or any valid opinion. John T. Floyd is a criminal law attorney, he's made this judgment armed with all the facts available on the record. He's qualified. I'll listen to qualified opinions thank you.

Own up, or go home, trolls.

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"Soft Treatment?" Bitter women continue their Anti Polygamy "Tour."

I try to ignore my neighbor(s). Living in close quarters such as we do in Montpelier, you pretty much have to. Or not. Let's just say it's better to ignore your neighbor(s) when it comes to the little everyday things they do that annoy you, but don't seem to annoy them. I find that if I ignore them in fact, and let it go internally, I very quickly forget, roll over, and go to sleep.

For instance, the neighbor to the right of my apartment chose to have a party a few weeks ago. I can't even tell you the day because I forgot about it, rolled over and went to sleep. It was only when the neighbor to the left of me pounded on my wall for the second time in a month (perhaps less) that I recalled that instance. Not even of my own accord, the landlord mentioned how noisy they had been and then I remembered. You see? I forgot. So with that set up and apparent digression I move on to Flora (et al) and the recent "Tour of Hate" towards polygynists, complaining of "soft treatment" of the FLDS, by the press. Eh?

The San Angelo Standard-Times - "(K. Dee) Ignatin said Americans should not be fooled by what she says is the media’s incorrectly favorable portrayal of the polygamist lifestyle. The women’s tour was prompted in part by featured treatment of the YFZ Ranch group on the Oprah Winfrey Show.

'It’s true of the Taliban and it’s true of the FLDS,' Ignatin said. 'Every instance of polygamy in any culture always forces women and children into poverty, restricts women’s choices, travel, and education, leads to the molestation of both boys and girls, and results in child brides.'

Ignatin said she sees no difference between a burqa — the body-covering garment worn by Muslim women in Afghanistan — and a prairie dress, the trademark garb of the FLDS women."

You know K. Dee, I don't see any difference between a burqa and a "prairie dress" either, except you can't go anywhere in some countries without one, and you, Flora and your traveling companion Kathy Nicholson aren't wearing them. And you're in San Angelo. Some "force," some "restriction." By comparison it's no force and no restriction at all. Every member of YFZ had a chance to "escape" over the last year, and to my knowledge, none of them have.

So back to my wall banging neighbor. It strikes me that she is remarkably similar to these three. She can hear what's going on to a limited extent in my apartment, mostly when I do the dishes. Yup, big oppressive male, dominating his mousy wife, preaching polygyny and even practicing it in the past, waling away on the dishes, sometimes as late as midnight. She can hear the dishes hit the edge of the big iron sink and it bothers her. Bottom line is that she doesn't want me doing the dishes past 10pm because she's an author that likes to work in the morning. I'll spare you the details because I'm trying to accommodate her but I sometimes work late.

"Shannon" as I'll call her, doesn't like the way I'm doing things. She's let it slip that she's "intimidated" by me even though I've been nothing but pleasant to her in the few personal encounters we've had. She followed her first "wall banging" communication with an immediate trip to the "Government" (the apartment manager) giving me no chance to employ corrective measures and prompting a "talk" from the manager who wishes to keep the peace. Apparently, keeping the peace is entirely my job and the dishes piling up in the sink is the price I must pay to keep my neighbor happy, which in turn keeps the apartment manager happy, which in turn, by implication, keeps me happy. Except it doesn't. Here we have the problem.

"Shannon" and the Three Shrews/Fates are not really much different. They all want to reach into someone else's space and meddle with what's going on there. It has been suggested that I do the dishes early in the morning because "Shannon" is up then, but then I'm doing the dishes when my wife is sleeping. No problem to them that we're inconvenienced, so long as we're doing things the way they would want it done. The issues are larger, but it's really very similar. Flora, Kathy and "K. Dee" have their bed shoved right up against the wall of my kitchen just like my neighbor, they can hear what's going on in there, and they CANNOT STAND IT.

Gals. Move the bed to the other side of the room, put the headboard up against the other wall, get an extra pillow and SHUT UP. It is none of your business. Leave me alone, leave the FLDS alone. I had enough of women in life who hover near something that bothers them or press their ears up against the wall straining to hear the sounds of that which bothers them and then complaining about it. That's all that's really going on here.

K. Dee's complaint along with her two companions is that society cannot stand the noise of poverty coming from YFZ. Excuse me? Must we all have Nintendos? XBoxes? Cell Phones? A lot of prominent people started poor. Definitions of poor vary.

Restriction of choice? Ladies, that is the definition of life. I wasn't born into the Kennedy family. I was dragged overseas with my missionary parents, I was forced to go school in someones house or in a school basement. I was cruelly sent to boarding school at age 13, I moved all over the world, I constantly had to make new friends. It was awful. Or not, or was. It doesn't matter, that was the hand dealt to me, it is the hand dealt to the children of the FLDS. It's LIFE. You start where you are and go from there. Someone has to raise you. Every choice restricts your next choices. Unless you propose we are all raised in some sort of Lebensborn program or "Skinner Box" so that we're all raised exactly the same was so as to not "restrict" our choices. Really what's being said here is that the three want to tell us what our children's choices should be. Lebensborn. Skinner Boxes. It's ok to restrict choices as long as the choices are evenly restricted, and the choices that the three "Fates" choose.

The Three Fates then descend into the usual litany of big lies. Molestation of Children. Molestation of Girls. Molestation of Boys. Never mind that the incidences of "molestation" at YFZ were confined to the hated practice of "Child Brides," all of whom are old enough now to make up their own minds and have made up their minds to stay with the program so to speak. Never mind that the molestation of boys was not discovered at YFZ and is purely confined to the anecdotal stories of ex members. Never mind that the practice of "Child Brides" was widespread in this country as recently as the last 50 years. Never mind that President Grover Cleveland met his bride when she was an infant, and he was an adult. Never mind that he was her guardian. Never mind that Lorretta Lynn was married at 13 and a mother 4 times before she was 18. It's now horrible abuse, sick and twisted. Pedophilia. Rape. Evil. Lock the FLDS up, throw away the key. All for simply not "advancing" at the same pace that the rest of us are. We've changed, in our lifetime, and they haven't. Buy Lorretta's records. Go to her concerts, shoot Warren Jeffs like a dog in the street.

Or....

These three "Fates" can just move the bed across the room. Face the headboard to the other wall, bury their head in the pillow, and go back to sleep. It's really none of their business and we all have to put up with neighbors, and what our neighbors are doing might really not be so heinous after all.

There's nothing to see here.

Move along.

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The Tribune Switches Sides?

Sensing (perhaps) that there is a big story about to be told without them concerning the UEP trust, the Salt Lake Tribune goes from the studied every so subtly "anti FLDS" detachment of Brooke Adams, to the outright advocacy of Rebecca Walsh. The following appears in today's edition of the Salt Lake Tribune, in the Polygamy section:

"This week, the attorney general and lawyers for the Fundamentalist Church of Jesus Christ of Latter Day Saints working on a settlement discovered Wisan's $360,000 fire sale of cow flesh in a footnote filed in court. Wisan's last-minute deal smells bad."

I'll say. But for years it's been merely reporting the claims of the FLDS and their attorneys that Wisan was a thief, now with the carcass of his bad deals showing up undeniably in court, the Tribune finds a voice and chimes in, clearly on the side of the FLDS. It makes you wonder, when will someone move off the fence in the case of the raid? Must there be an Island Pond smoking gun discovered? Flora Jessop meeting with David Doran, Bruce Long, Barbara Walther, Becky Hoerth and Rozita Swinton and Flora saying: "Now, here's my plan..," all on video tape?

"Attorney for the FLDS Rod Parker believes Wisan is trying to derail the settlement to keep his expensive gig going. Meantime, he says, the trustee is cannibalizing the FLDS assets.

'It's gotten to the point where the fiduciary's not answerable to the attorney general anymore. He's vastly outpaced his mandate,' Parker says. 'If the FLDS had sold $360,000 of cattle under the table, there would be hell to pay. There should be hell to pay for the fiduciary.'

At the same time, Wisan is fighting charges of trespassing in Arizona after his employee entered two homes in Colorado City without the residents' permission.

White (Wisan) knight unmounted."

It's good to see the Tribune reporting (finally) but what ever happened to the reporter that went out and found a story, as opposed to the cheerleader reporters we have now, that call the game forensically, from the sidelines?

There's sufficient evidence out there to ask the questions and tell the story of what really happened leading up to the raid. If reporters wait until it's presented as an exhibit in court, we can all kiss our freedom goodbye.

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How the raid happened, now proven.

There was a written plan, long before the raid, that was followed. Yes, it was a conspiracy.

"I have written several papers explaining the causes and effects of the Raid on the Church Community where children from a common religion were seized by the state for alleged child abuse. We now know that the State of Vermont fell in line with a written plan devised by (a) renowned anti-cultist. Critical to (the) thesis is that cults are a social menace and deserve to be destroyed and his plan provides the steps just how to do it. With the groundwork laid by anti-cult operatives, the linchpin of the whole plan was to get the authority of the state behind it in order to be able to actually execute the raid. The plan, devised coordination between state agencies, law enforcement and the media who coordinated to execute a 'grossly unlawful scheme' with the explicit purpose of 'destroying the group' and serving as a prototype for use with other minority religious groups in the future."

So is this a claim of a "foil hat" wearing wacko like me, as some claim?

It is the opening paragraph of a comparison paper, between the "Island Pond" raid in Vermont in 1984 (where I now reside) and the YFZ raid, a little over a year ago. I've deleted a few words from the paragraph so as to hide the giveaways that it is largely a claim about the Island Pond raid. When it is said that those who support the idea of a Government "Conspiracy" are loons, it would be good for those doing that pointing to remember, that Island Pond was eventually discovered to be just that. An organized, planned, written conspiracy. The author of the paper is Jean Swankto Wiseman of Chattanooga TN and she goes on:

"Even the basic requirements of the law, the Constitution and state procedures are not followed and there is no doubt that the legitimacy of the states' actions cannot be upheld. Whether or not the state action is legal and sustained, the net effect of demonizing the group and creating 'moral panic' gets accomplished. The anti-cult motive to dissolve and diminish non-mainstream religions, perceived as a threat to mainstream religions, is nevertheless satisfied."

More:

"In both cases the obvious reality was that these two raids were massive and had been planned for months, well before any presenting emergency. Basically the claimed emergencies were a ruse (a clever trick or plot used to deceive others) for a long-anticipated action to search for evidence inside these communities."

And:

"When social workers have no legal grounds for entry and cannot meet the necessary standard, pressure, direct or indirect, can be applied to judges to issue a warrant anyway in the hopes of finding the necessary or desired evidence once inside. Such an approach is illegal. Seizing people or evidence on this basis is called 'investigative detention' and it is unlawful in this country under the 4th Amendment of the U.S. Constitution, as well as the state constitutions of Vermont and Texas."

And:

"Both cases were premised upon the argument that a particular religious belief is bad for children, but it is a right of parents, protected by the Constitution, to make that call."

There are 84 footnotes, and I'm not even one of them. The "Plan" to destroy the group in Island Park, is also included and compared to the raids on Waco and YFZ. There is also this fascinating little tidbit:

"Interestingly enough, the evidence shows that Flora Jessop is linked to some of the very same anti-cult organizations that proved unreliable in the Island Pond case."

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Advertising on the Mohave County Site? Sam Brower Deposition "Continued?"

Elaine Taylor makes the claim for "The Hope Organization" that Piccarreta lied.

The one page claim is impossible on the face of it, since Rozita Swinton NEVER identifies herself as Rozita Swinton in the various calls, so how would she know? Particularly if Rozita fooled them as she fooled Texas, and apparently Flora. Elaine carefully stamps the top of the page so that everyone can see that they do indeed, exist.

In the next filing, the court carefully states that it doesn't really give a flying rip what Elaine thinks, but that it got her note. The note is deemed "unsworn" and thus not relevant.

More interesting at the bottom of the court's acknowledgment is the seeming postponement of Sam Brower's deposition. This comes in the very last sentence after acknowledging that the court "got" Elaine's note.

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Still no court date for Allen Steed. The INCONVENIENT TRUTH of the Warren Jeffs persecution.

The forgotten man in the "Rape" of Elissa Wall is the man who actually had to have raped her, for Warren to be guilty of anything.

Allen is the ex husband or ex unwanted love interest, however you want to look at it, of Elissa Wall. After a flurry of motions last fall, in which Allen's attorneys appeared to gain the upper hand, it looked like a trial was going to be scheduled, and then the whole thing went dark. No trial, no pretrial motions. Nothing.

Nothing at all.

Who is Allen Steed? Quite simply he is the only candidate for the primary act of rape that has to have been committed, for Warren Jeffs to be guilty of Rape by Accomplice. The only person with whom Elissa claims to have had "non consensual" relations on two occasions is Allen.

The reasoning goes like this.

Warren arranged the "marriage." Elissa did not want to marry Allen.

She and Allen had sex on many occasions but on two of them she did not want to. This forms the basis of her rape allegation against Allen.

Since Warren coerced Elissa to have sex with Allen in the form of a relationship the FLDS call marriage, those two encounters were rape. Remember that under Utah Law, Elissa was too young to marry Allen but Elissa was not too young to consent to relations with a man of Allen's age. Utah's law was written to state that sex can be consensual for a 14 year old if her partner is no more than 5 years older than she is.

Elissa does not contend there was a case of mistaken identity, namely, that some other man entered her bedchamber who she thought was Allen and forced her on two occasions to have sex with her. Thus, Allen is the only possible primary Rapist. If he did not rape her, no one did.

Warren must be said (as he has been) to have coerced Elissa into a situation where she did not feel she could effectively resist Allen. There is no record of Warren stating that Elissa had to submit to sexual relations with Allen if she absolutely refused to do so. Any preacher I know of would tell a wife that in general, she should consent to relations with her husband. Unless this advice is now going to be construed as accomplice to rape, Warren does nothing wrong in stating the obvious. Normal healthy marriages have sex taking place between husbands and wives.

In short, Warren only encouraged Allen and Elissa to have sex as part of a relationship he regarded as marriage and that both Allen and Elissa regarded as marriage. There was no mysterious third party that could have committed the rape of Elissa Wall, nor was there any plan on Warren's part for someone to rape Elissa. It's not like he planned a rape for which no one showed up.

Bottom line, no matter how you look at it, either Allen rapes Elissa or he did not. If he did not, then Warren couldn't have been even said to have conspired to do so. He would not be an accomplice to an act unplanned, and never done. He's not waiting in the getaway car for a criminal that chickened out on him. There is no crime, there is no plan to commit the crime, there is no getaway car. NOTHING happened.

Yet Warren is locked up in jail in Arizona awaiting trial on charges that are becoming weaker every day. The potential jury pool is being hopelessly conditioned to believe he is a slavering sexual animal and criminal. In the end, he may be convicted of something on the basis of his horrible reputation, while the reputation he has is manufactured by an act that will, it seems, shown to have never even been thought of, outside the minds of the prosecutors. Without Allen as Rapist, there never was a crime in the first place.

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Just A Reminder. It's FLORA DEPOSITION DAY!!

What would be better than Merril and Willie taking the fifth?

Flora taking the fifth. Oh please, please, please. It would be the equivalent of the Titantic striking an iceberg. If Flora takes the fifth for anything in regards to the raid at YFZ, then the State's case will start to crumble. It will be a gash to the hull to large for the ship to stay afloat, it will sink. Slowly, and in Arizona first, but it will sink.

Of course if she just answers questions possibly without a lawyer, that will be fun enough. Willie and Merril taking the fifth does not hurt their case, they're on defense. Flora taking the fifth means there is some unspoken truth underlying the circumstances surrounding the YFZ raid last April. It may insulate Ms. Jessop from harm, but it will severely damage the State's case.

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Flora to be Deposed Wednesday (01/28)

Here's the link.

No notice is mailed to Flora's attorney, making me think that it's possible that Flora still does not have an attorney. I've updated the title to erase the error of "Tuesday," and replace it with "Wednesday."

"The Court having received a letter from defense counsel indicating that the depostion previously ordered will have to be rescheduled, a copy of the letter being indicated as having been provided to the State, and the Court assuming that the State has no oposition to the new date in the proposed Order,

The Court signs the Deposition Order rescheduling the deposition of Flora Jessop for January 28, 2009, at 9:00 a.m."

That's Wednesday, next week. As an interesting footnote, Bill Medvecky is reporting Merril Jessop took the fifth today.

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It's the BOOK DEALS STUPID.

Two books are written referencing Rozita Swinton before the Raid

. I'm not even sure if there was a YFZ when Vanity Publishing Whore Mary Catharine Nelson first put pen to paper on her forgettable tomes that she rushed right out and shamelessly hawked the moment Rozita's name hit the news. She's now all quiet about it, I suspect hoping to benefit from selling Rozita's story, once it's all over. Who do you think (speculation) is paying Rozita's considerable legal bills and mental health treatment bills?

Flora has made a cottage industry out of being an Anti FLDS activist. I guess you can't pole dance your way to stardom. God help her father if her allegations of about incestuous rape turn out to be true. It would really explain a lot, but women never lie about rape. Do they? Flora's book is out this week. I won't link to it. I will tell you that her DVD is "no longer availabe." Chasing the FLDS is Flora's fan dance since she can't sell peaks anymore.

Vancouver Sun Reporter Daphne Bramham has her book go to paperback this week. Accompanying Wag the Dog media event? Two Bountiful FLDS men are arrested for Polygamy. No doubt salacious charges were pursued by Canadian Law Enforcement. There weren't any. So they charged them with Polygamy to show they were "doing something."

Elissa Wall is persuaded by Flora that she is a victim, she has a book. It was published, oh my, to coincide with the YFZ raid. Her relatives advise David Doran. Flora Jessop is said to advise David Doran.

Follow the money. Elissa is trying to feed off the UEP trust, which may have nothing left in it after Bruce Wissan is done. Everyone is lining up for a book deal or a miniseries or a movie or all three. Government is being manipulated by the shameless publicity of the press. You don't get re-elected by seeming to do nothing about law breakers, so they go arrest, they go raid, they put people in jail, they interrogate, they pander. But they hate it. They'd rather polygamy be legal so they could pursue something else and not get hit up with questions about polygynists "abuse" during their elections, but they can't get elected, saying that.

I will warn the anti FLDS foes again, if you don't get results, then eventually Law Enforcement will turn on you. They don't enjoy being made fools of, they don't wish to be the football. The smiling young lady from Niger, takes off on the Tiger, but when she came back from the ride, the lady was inside, and a smile, was on the face of the Tiger.

Ask yourselves, those of you who hate the FLDS, will you survive having all your worldly goods turned out on the lawn and being sifted through? Will there be a seed of a marijuana plant, maybe a little "crank" in your houses? Will there be evidence of Tax Evasion? Are you lesbians or bisexuals? Will there be evidence of "molestation?" Violence? Abuse? There are oh so many laws that will be selectively applied by an angry Attorney General or Governor who doesn't like being used.

Several years ago I got an angry obscene call in the middle of the night from an angry man who took issue with me. He eventually persuaded the police to come visit me, who I voluntarily allowed into my home. Spooky similarity there, hmmmmmmm? These police were apologetic and embarrassed and had consented to see me just to shut up the hysterical complainer, from out of state.

Angry myself, I pursued the issue for a while and was eventually told by a Gallatin county detective that essentially, he could find a law (he actually named one) that he could use against me, if I didn't stop complaining. I was right. I received the obscene phone call but all that Donut munching moron was interested in was making the issue go away. He wasn't interested in interstate prosecution of a misdemeanor beef. Also, eerily similar to the present issue.

Eventually, when things continue to not pan out, when "wolf" has been cried enough, the Donut Muncher will be tired, of you. Perhaps he's not such a moron after all, and he will no longer be your plaything, and then, watch out.

In the meantime, if you want to know what's really going on at YFZ, and with the FLDS, follow the money, or at least, who's trying to or succeeding in making money off the event.

Also, remember something. My website is bigger than Flora's, has been for a while now. Does anybody really care what the FLDS are doing unless the "stuff" hits the fan? Why is she called about anything when her DVD's don't sell and are discontinued and her website gets no hits is she called about anything? Why is she interviewed? She's a STRIPPER for goodness sake. Call Donald Richter. Heck, call me. More people go looking for our sites than for hers when they want to know what's happening. Call Bill Medvecky. But Flora? No one cares but she keeps getting face time as the Paris Hilton of the polygamy controversy. If she stopped being on TV, no one would pay attention. They don't really pay attention now.

If you legalize polygamy, heck, I'll go away. With nothing. Fine by me.

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UPDATED: Oh Please, this is TOO OBVIOUS, Bountiful Raid another "Assist" to a Book.

It was "weird" and "tinfoil hat wearing" to suggest that the YFZ raid was in large part, a money grubbing attempt

by anti FLDS forces to line their pockets. I mean, look at all the neatly timed book deals, including Flora Jessop's book timed to come out (ahem) now, just as the Bountiful Raid kicks off, and this, noted by the Vancouver Sun.

"Daphne Bramham's book, The Secret Lives of Saints: Child Brides and Lost Boys in Canada's Polygamous Mormon Sect, was published by Random House and is shortlisted for the B.C. National Non-Fiction Book Award. It was released in paperback by Vintage Canada this week."

Ok FLDS. Get some contacts in the publishing world. Try to be "elsewhere" when a book is about to hit the paperback shelves or a new publishing effort is kicking off. I suggest you take cruises. Be in the middle of the South Pacific. Try a visit to Madagascar. Put the Gaza Strip on your sight-seeing agenda. Go some place safe, the next time an enemy decides to publish a book.

Why is this not a psychotic delusion of the pajama wearing crazy FLDS supporting Blog Universe? Because in researching the Bountiful arrests, I discovered that it is so obvious, I wasn't the first to see it. I can claim it was an original thought, but not that I was the first to notice.

UPDATE:

The Straight (Vancouver) - "My suspicions were aroused after the B.C. Achievement Foundation selected Vancouver Sun reporter Daphne Bramham's book, The Secret Lives of Saints: Child Brides and Lost Boys in Canada's Polygamous Mormon Sect (Random House), as one of four finalists for a $40,000 prize for the best nonfiction book of the year in Canada."

He goes on to observe that the Author, is a reporter, for the Vancouver Sun.

"A report a few years ago proved there was no politics in the charge-approval process, the bureaucrat could insist. The RCMP conduct investigations, which is separate from the work that the Crown does. Anyone who doesn't know this doesn't understand how the justice system works. Blah blah blah.

And this could be the kicker: any journalist who suggests otherwise is just another a conspiracy theorist.

But there's one thing the Crown can't deny: the timing of these charges couldn't have been better for the B.C. Liberals' reelection chances or for the premier awarding a nonfiction book prize to a Vancouver Sun reporter"

Bwahahahahahahaha....

Media Wars, I can see it now, warring tribes of journalists, straight out of the Hitchhikers Guide to the Galaxy. I would not link to any Daphne Bramham stories at this point, for factual information, there's a huge conflict of interest.

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Raw Rozita Rumor, Flora's Computer up in Flames?

It is being said (and I am seeking confirmation of this) that Flora claims her computer, on which she recorded and/or transferred recorded conversations to, has crashed. Well if that is the case Flora, I'd try burning it too. How odd, if this turns out to be not a rumor, but true, that when she's going to be deposed, her computer with all of her records, crashes. Rosemary Woods, where art thou?

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Rozita Swinton, Flora Jessop and more are the subject of this request for information.

Someone is digging for information that can be disclosed under the open records laws of Texas.

UPDATE: Scott Henson (Grits) explains this letter: "They didn't get the records because, supposedly, their investigation of Rozita is still in progress."

(Me again) This is another classic case of never finishing an investigation because it keeps the facts under lock and key.

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

December 5, 2008

Ms. Zindia Thomas
Assistant Attorney General
Public Information Coordinator
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
0R2008-16582
Dear Ms. Thomas:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 330913.

The Office of the Attorney General (the "OAG") received a request for information concerning Rozita Swinton; Flora Jessop; Sarah Barlow; Dale Evans Barlow; Newbridge Family Shelter telephone calls by Sarah Barlow or Rozita Swinton; Snohomish County Shelter for Battered Women; the HOPE Organization; the domestic violence crisis line in Colorado Springs, Colorado; and the abused counseling center in Ft. Meyers, Florida. The OAG claims Exhibit D is excepted from disclosure under sections 552.108 and 552.137 of the Government Code. We have considered the OAG's claimed exceptions to disclosure and have reviewed the submitted information.

Section 552.1 08(a) excepts from disclosure "(i)nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime ... if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime." Generally, a governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See Gov't Code §§ 552.108(a)(1), (b)(1), .301(e)(1)(a); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977).

The OAG argues section 552.108(a)(l) is applicable because Exhibit D relates to a pending criminal investigation conducted by its Criminal Investigations and Criminal Prosecutions Divisions. Based upon this representation, we conclude release of Exhibit D would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ 'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.-Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases). Thus, the OAG may withhold the requested information from disclosure based on section 552.1 08(a)(l ). Because section 552.108 is dispositive, we do not address the OAG's other assertions.

This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must file suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such a challenge, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3). If the governmental body does not file suit over this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. §552.321(a).

If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the Government Code. If the governmental body fails to do one of these things, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at (877) 673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can challenge that decision by suing the governmental body. Id. § 552.321(a); Texas Dep't of Pub. Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.-Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the Office of the Attorney General at (512) 475-2497.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling.

Sincerely,


Yen-Ha Le
Assistant Attorney General
Open Records Division
YHL/eeg
Ref: ID# 330913
Enc: Submitted documents
cc: Requestor
(w/o enclosures)

I think the key part is this:

"If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the Government Code."

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Piccarreta does not see Flora's Deposition as essential to Texas Depositions

Warren Jeffs and his attorneys do not see a high likelyhood of anything Flora has to say being informative when it comes to deposing the Three Amigos. Why? If it did have a high probability, they wouldn't depose the three, until after Flora.

The Salt Lake Tribune - "On Thursday and Friday, Arizona attorney Michael Piccarreta will travel to Eldorado, Texas, to question three law officers -- Schleicher County Sheriff David Doran, deputy sheriff John Connor and Texas Ranger Brooks Long -- about calls for help and evidence seized in April from the YFZ Ranch, home to members of a polygamous sect. Piccarreta represents sect leader Warren S. Jeffs, who faces charges in Arizona related to underage marriages he conducted."

Not to worry though, they can simply go to Flora, better informed. Depose Flora, ask informed questions, compare notes, and if the Three Amigos didn't seem to say the same things, they can go back. Flora to my knowledge does not have an attorney representing her in this specific matter, yet. There is no date set for her deposition.
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Deposition of Flora, ordered, time and place, to be announced.

I think next, that the depositions of the Texas Law Enforcement Trio, will be delayed. Judge Conn did not set a time and place yet, and suggested that Flora, get an attorney, or at least let one she already has know that she needs representation in this matter.

I do not think Warren's attorneys want to interview Flora after Doran and company.

Here is the order.

Oh, in case you're wondering? No TV Crew Flora. More →

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Motions regarding Warren Jeffs deposition of Flora Jessop

The Mohave County Attorney filed yesterday;

"COMES NOW, the State of Arizona, by the Mohave County Attorney, and hereby takes no position on Defendant's Motion for Deposition of Flora Jessop."

This means that in my humble estimation, the motion will be granted. No one is arguing against it. Flora, get a lawyer, and saddle up. More →

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The Plot around Flora thickens

Warren's attorneys now request that inteview dates on the three Texas law enforcement personnel, be moved. They are also happy to give Flora a video record of her testimony.

The Kingman Daily Miner - "(Richard Wright and Michael Piccarreta) stated that they would accommodate a request from Jessop to videotape the interview as a memento for the witness.

Wright and Piccarreta then requested that Mohave County Superior Court Judge Steven Conn ordered a deposition with Jessop at a time and place convenient to all parties and 'without the attendance of television cameras and reporters.'

Jeffs' two attorneys requested that the dates of the depositions of three Texas law enforcement officers be moved from Dec. 16 and 17 to Dec. 18 and 19.

Conn has yet to rule on the motions. "

The attorneys clearly wished to have Flora's interview before the depositions of David Doran, et al. The time frame gave them about two weeks (taking off for Thanksgiving) to review the information they obtained from her. It would appear that they have reason to believe what Flora tells them will influence what they ask of Texas.

I think Conn will probably grant the motion for a deposition of Flora. She now has a few days to find an attorney, sit down with him, review her testimony and give the deposition, assuming Conn speedily grants the deposition request, and sets an aggressive date for Flora to be deposed. More →

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Flora does not have an attorney representing her

At least not yet. I am of course, no Legal Eagle, but if Flora Jessop had legal representation with respect to her statement that was to be made last week, it would have been at the bottom of Piccarreta and Wright's request for a formal deposition, made to Judge Steven F. Conn. That legal representation would have been mailed a copy. At least that is my humble understanding. It's backed up by the fact she showed up with reporters, and cameras, but not a lawyer.

The motion is clear, it's well written. It's easy to understand. Go here to read the whole thing, it's not that long. If I were Flora, I would have had an attorney already. She doesn't. Yet. I'm going to say it. This is one pathetically stupid person. She's been grandstanding and posturing, and it figures she's done other stupid, really, really, really stupid stuff. We're not dealing with a Rocket Scientist here.

Flora has been benefiting from the largess of a press interested in a narrative that she fits into all too neatly. It's my guess she has no clue as to how things go when there is a real opposition. Flora, there is now a real opposition, and they're not going to be nice to you. Any stupid stuff you've done? It's coming out.

If she was unprepared for this, (no attorney) she hasn't ever really been prepared for anything. Have you ever seen a deer in the headlights? That bright light Flora, is not the end of the tunnel, it's a train. More →

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Latest Rozita Swinton News

It's not very new, but there would seem to be a psychological evaluation due sometime soon, on which the court seems to wait. She's due back in court, two weeks from Friday.

KWGN TV Denver - "Thirty-three-year-old Rozita Swinton appeared in a courtroom gallery area Wednesday morning, holding a green blanket on her lap and whistling, as a judge reset her hearing for Dec. 19." (Story dated November 12th, 2008)

Just a reminder. There are a series of scheduled dates for her in January as well. I continue to count on her cases being shuffled off into the future, as long as Texas tries to wrestle the slippery FLDS to the ground. If Flora spills something interesting, or even if she does not and hedges on something interesting, we might see Warren's lawyers traveling to Colorado, or Missouri, or wherever it is Rozita is now on ice.

Rozita might not be inclined to whistle through the probable deposition that Flora Jessop will have to give. More →

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Flora, it's not about you.

She doesn't get it, yet. She had a chance at a non court ordered deposition, now she's probably going to get a court ordered one. Good luck dodging the summons. I guess if she tries to skip the interview, it will be hard for her to operate in Arizona.

The Deseret News - "(Warren) Jeffs' attorneys seek a deposition of Flora Jessop, objecting to her appearance at a voluntary interview with them on Nov. 24. She brought a TV crew with her and the interview was over before it started.

'Ms. Jessop's publicity stunt is clearly an unacceptable condition ... ,' attorneys Richard Wright and Michael Piccarreta wrote, adding that Jessop sought to turn her interview into 'The Jerry Springer Show.'

Jessop claimed in a statement that she showed up willing to cooperate, but wanted someone to document the 'truth of abuse in polygamy.' Jessop declined earlier requests for a newspaper reporter to attend the interview. Jessop said she will not object to a deposition.

'The only possible result of Ms. Jessop's latest publicity stunt is to generate adverse publicity to prejudice the defendant in the local media, and possibly on a national level,' Wright and Piccarreta wrote.

Jeffs' defense attorneys are seeking to question Jessop about phone calls she had with Rozita Swinton, who is suspected of making the hoax call that launched the April raid on the FLDS Church's ranch in Texas."

The Jerry Springer show? The battle between Flora and the FLDS has heated up to a point where she can no longer call the shots. Court rules are different than media pandering. It's a different kind of spotlight I don't think she's ready to deal with. More →

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Flora Blinks!

Flora Jessop is acting like she has something to hide;

The Salt Lake Tribune - "(Michael Piccarreta) plans to seek a court order to require an anti-polygamy activist to answer questions after she refused to cooperate Monday unless a television crew was allowed to tape the meeting.

Flora Jessop had agreed to a voluntary interview with attorney Michael Piccarreta, who represents polygamous sect leader Warren S. Jeffs. Piccarreta had asked Jessop to bring recordings of her conversations with a caller who used a phone linked to Rozita Swinton, a Colorado woman."

Now she's refusing, unless she can have her precious television cameras to play up to. No Flora, it doesn't work that way. You were given the courtesy of an interview, now it will be court ordered. The question on everyone's mind should now be, "Why is Flora blinking when she is asked to talk about Rozita Swinton?"

"Piccarreta said Jessop refused to proceed unless Mike Watkiss, a reporter with KTVK Channel 3 News in Phoenix, and his cameraman were allowed to record the meeting.

Piccarreta said he had never had such a demand in 34 years of criminal defense work. 'That is not the purpose of an interview, to provide entertainment on television,' he said.

He said the request also was inappropriate due to a courtroom ban on television cameras in Jeffs' Arizona proceedings."

You had your chance Flora, now it will be by force of law.

"Piccarreta said he will ask Mohave County Superior Court Judge Stephen Conn to order Jessop to sit for a deposition. He wants to ask Jessop about conversations she had between March 22 and April 16 with a caller who used the phone linked to Swinton; law enforcement in Arizona and Texas; and child welfare officials in both states."

Hey Michael, as long as she's making you get a court order, dig deeper, ask Flora for records of contact between her and Rozita dating back to 2005, ask Flora if she used intermediaries to contact Rozita. I can provide you with names. I doubt seriously that Judge Conn will deny Piccarretta his order, in view of the fact he has provided such orders for more highly placed figures such as Sheriff David Doran. Flora my dear, I think you blew it, and you showed your hand.

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