Cost is NOT a factor, including your freedoms....

The Three Piggies and Warren

Does Government not care what rights or treasure of yours it takes to expand it's power? Does a former drill instructor make a really bad therapist?

The money, while it is probably a prodigous amount, is not important to the State of Texas.  Texas thinks it's probably some amount YOU would think is inappropriate, considering the lack of prosecutorial success (vs Warren) elsewhere.

How do we know it's too much?

They'd tell you if it was cheap.  (Either that, or they don't know, which ought to bother you as well.  Strickland says he doesn't know.)

It doesn't matter to Texas, they got their desired photo op. Not Warren as depicted in the last post, but Warren in prison sweats and prison orange with what looks like a bit of a 50+ five o'clock shadow, in irons, flanked by fat pigs dressed in their best.

Oh.

You think I meant something pejorative?

Those guys aren't a bit porky looking to you?

Considering Mr. Jeffs is more or less a cardiologists ideal by comparison, Texas did need to "weight" (sorry, no, not really) the photo op in their favor.  I've been driving through Texas a lot recently and they are the most cliché bound bureaucracy I know of. "Don't Mess with Texas" one Government billboard preaches, and yet another declares; "the Eyes of Texas are upon You."

So when it comes to whether or not Texas will spend infinite amounts of Tax Payer $$$ to get a picture of Warren looking his worst with a three overweight cowboy wannabes flanking him like he was going to shoot his way out of the "joint," or be rescued by "King Willie, the Thug," gangster style, they spare no expense.

The San Angelo Standard-Times - "Jerry Strickland, spokesman for the Attorney General’s Office, said they flew Jeffs into San Angelo from Utah at 9 p.m. Tuesday night and then drove him to Big Lake.

'Attorney General Abbott and his office his prosecutors have been handling the prosecution of cases related to the YFZ ranch,' Strickland said, as he walked into the courtroom Wednesday morning. '... Today 7 of 12 men have been convicted of sexually assaulting children. This case stems from that action.'

When asked about costs related to trying Jeffs in Texas, Strickland said he doesn’t have specific numbers, but that cost is not a factor.

'What I do know is, Attorney General Abbott is committed to protecting children in this state,' Strickland said. 'You cant’ put a price tag on protecting children and because of that, this case will be handled with prosecutors (from) the AG’s (attorney general’s) office.' "

The great difficulty is that they are not just spending your tax dollars (and with the "co-mingling" of Federal and State money that is Revenue Sharing, yes, it's yours too), they're spending your freedom as well.

Texas wanted to make this "statement" as you see above, and Texas wanted their picture. Now they've got it. In the process they ran roughshod over Warren's right to a "speedy trial" (it doesn't matter if he didn't want it before, he wants it now) and they got to treat him like a fugitive. No one in Texas wanted a Dapper Warren Jeffs showing up in wing tips and business suit, with stylish coiffure, fatherly appearance, etc, walking through the front door and surrendering to authorities, they wanted to fly him out and drag him around much like Achilles is supposed to have done with Hector after defeating him in battle.

Well, there you go Texas. And America? There went your money, though granted, it was mostly Texas dollars (except they won't account for it), and there went your freedom, with Warren. You have to decide: Does the prosecution of a man for crimes Texas probably can't prove warrant the setting aside of the rights your founding fathers insisted on having for each citizen PRIOR to signing our Constitution in favor of the rights of the State to extradite?

I think you know my answer. What's yours?

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Douglas County Drops charges against Rozita

I don't know how you can "drop" a charge that a person has already plead guilty to, but according to the Colorado Springs Gazette, Rozita isn't going to face the music in Castle Rock:

The Gazette - "As part of the plea, authorities in Douglas County have also agreed to drop charges stemming from a similar false reporting incident in 2005, (DDA Frederick Stein) said."

Mr. Stein also characterized the verdict as "fair." What's he going to do, say he was taken out back, had his arm ripped off and he was beaten nearly to death with it? It's one of those "Too Heavy, Too Light" questions.

There are a number of errors in the article, not the least of which is Rozita's age (she's 35 now) and her middle name is misspelled. She snuck in through a side entrance after El Paso county lied and stated her case had been "called off" that day.

"Swinton was barely audible in the courtroom as she said a few words during the 30-minute hearing to indicate that she knew she was waiving her right to a trial."

Her attorney had the audacity to suggest that she did a good thing:

" 'I believe the phone call in Texas resulted in the prosecution of some people who were sexually assaulting young women,' Foley said. 'If anyone felt that Ms. Swinton was involved in that, that’s a good thing.' "

He's portraying his client as a heroine, and daring anyone to sentence her to anything, and perhaps reminding Texas that he may know something.

I was apparently wrong about her employment status, though she has hobnobbed about the country a bit over the last year and a half, she still works it would seem, for State Farm Insurance.

"Foley said the case took longer than most misdemeanor cases because of his client’s medical issues. She was evaluated by doctors in advance of the plea and prosecutors had their own experts review those reports.

Foley described his client as 'a real sweetheart' who has held a job with an insurance company for the last 10 years. He said she declined comment on the case."

And she is to stay in Colorado:

"(Rozita) is not allowed to leave Colorado without the court’s permission."

An attempted murder, that's one way of looking at it, attempted murders actually, over about 500-600 people at YFZ, had it ended similarly to Waco. A real sweetheart alright.

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Jerry Strickland says David Foley is full of Smoke (and YES, Rozita will serve NO time)

We're not finished with the investigation, says the Texas Attorney General's office:

"Jerry Strickland, spokesman for the Texas Attorney General, told the Houston Chronicle today that the state's inquiry 'into Rozita Swinton and other aspects of this case is ongoing.'

Swinton, of Colorado Springs, was considered a 'person of interest' in connection with calls to a hot line alleging abuse at the Fundamentalist Church of Jesus Christ of Latter Day Saints' ranch in West Texas."

Oh, I believe David Foley, as he has not lied to me yet. How long does it take, JERRY? It's been almost TWO YEARS.

This interesting little tidbit is also included:

"Swinton was also sentenced to 45 days in jail but given credit for time served, so she faces no further jail time."

She didn't show for trial, Foley entered her plea (apparently) and she won't be showing up in jail.

The Salt Lake Tribune added this detail:

"The judge also limited her to one landline telephone and one cell phone and ordered her to give both numbers to the district attorney's office."

I wonder if she will continue to be able to use a computer, to access the internet? According to her "MySpace" pages, she was on yesterday.

Still unanswered? What happened to her deferred sentencing arrangement in Douglas County for her 2007 conviction of false reporting?

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Dirty Deals Done Dirt Cheap - Rozita Swinton Pleads Guilty (UPDATE, will apparently serve no time)

The trial day shift was a technical matter, or a ruse, in any case, she has pled guilty. It also appears from the AP story on the subject, that everything is linked to Texas dropping any interest in charging Rozita:

Deputy District Attorney Frederick Stein, El Paso County Colorado - "Ms Swinton entered a guilty plea which was just completed 10 minutes ago. She plead guilty to a charge of false reporting to authorities and received a 2 year deferred sentence with several conditions."

This is also being reported by KRDO:

COLORADO SPRINGS - "35-year-old Rozita Swinton avoided trial by pleading guilty on a charge of false reporting (today).

Swinton made multiple fake calls to police in Colorado and Texas. She was accused of making a phone call to police in February of 2008, claiming she was a girl named Jennifer and was hurt and trapped in a basement. Police went door-to-door searching homes for hours, looking for the girl. The call turned out to be a hoax.

The judge deferred sentencing for 2 years, but he is still requiring her to serve 45 days in jail.

Police turned their focus to Swinton, when Texas Rangers traced a call to her, following the raid of a polygamist compound in April of 2009. In that case, a girl named Sarah told a social worker she was trying to escape the religious sect. Swinton has not been charged in that case."

I have contacted Douglas County to see how this affects her deferred sentencing agreement there. It may be that in delaying Rozita's trial as long as it has been delayed, that Douglas County no longer cares. I'm not sure how those sorts of things work, but hypothetically if her "deferred sentencing" in Douglas County stated "Don't Get Into Trouble" for 4 years, and those 4 years were up, she could then become convicted in El Paso County, and keep her Douglas County deferred sentencing agreement intact. The story errs in assigning the date of "April 2009" to the raid, which occurred in April of 2008.

It turns out that Rozita may not even go to jail, despite what it says above:

KKTV - The attorney for Rozita Swinton entered the plea on her behalf (this) morning to false reporting charges. In February 2008, Swinton started calling Colorado Springs police, telling them she was a 16-year-old girl trapped in a basement. The calls triggered a massive and frantic search in the northeast side of the city. Swinton allegedly also made calls to TESSA, a local group that helps domestic violence victims.

- Swinton was handed a 24-month deferred sentence. She received 45 days jail time but the judge gave her credit for time previously served in treatment.

Also it would seem that she did not even show up.

The Associated Press had this take on the story:

COLORADO SPRINGS, Colo. (AP) -- "(David Foley), attorney for (Rozita Swinton) says Texas authorities don't believe she had any 'criminal involvement' in telephone calls that triggered a raid on a Texas polygamist group.

Rozita Swinton of Colorado Springs was once considered a 'person of interest' in connection with calls to a hot line alleging abuse at the polygamist compound in Texas.

(According to her attorney), she won't face charges in that case. A spokesman for the Texas attorney general didn't immediately return a call.

In an unrelated case, Swinton pleaded guilty in Colorado Springs today to misdemeanor false reporting. The judge ordered her to get medical treatment but did not specify her condition."

It appears that we were just waiting for the Dirty Deal in Texas to be done.

What happens to the evidence that Texas took? Rozita's computer and cell phones?

I have been roundly ridiculed for connecting the cases, but it now seems that Texas has been talking to David Foley on Rozita's behalf. This is so dirty.

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We have a jury

No word on it's composition:

The Eldorado Success - "La(w)yers for the prosecution and defense agreed moments ago to a jury panel of 36 members. Judge Walter called for a 30-minute recess after which both sides will be allowed to strike 10 members from the panel. Given that a jury must have 12 members and 2 alternates, it appears that a jury will be seated this evening."

IF there were 13 FLDS members among the 36 (which I doubt) the jury will contain a member of the FLDS.

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Attorney General Abbott to question Jurors

(UPDATE: Jury Selection Recessed until 9am tomorrow) Not only was the showing a surprise, but the AG will conduct juror interviews, showing that perhaps Texas doesn't think this will be a slam dunk or that a sympathetic juror might slip through. Maybe he's just trying to get the trial moved.

The Deseret News/AP - "Texas Attorney General Greg Abbott made a surprise appearance Tuesday at the trial of a polygamist group member, to question potential jurors in the sexual assault case."

Here is the questionnaire, courtesy of the Eldorado Success:

"1) How long have you lived in this county?
2) have you ever served in any branch of the military? If yes, what branch? If yes, were you honorably discharged?
3) Please list the organization to which you belong, in which you participate, or in which you have ever held any office. For example, service clubs, governmental bodies, unions, professional organizations, volunteer activities, educational groups, political parties or political groups.
4) Have you ever served on a grand jury?
5) Have you ever been called as a witness in court or given a statement in any legal proceeding?
6) Do you have any close relatives or friends who are at the present time, or in the past employed by any state or federal agency, district attorney, lawyers, judges or employed in any job within the legal profession. If yes, list the names, relationships and occupations.
7) Have you ever had any legal training?
8) Have you or any close relatives or friends ever been the victim of a crime?
9) Have you ever been a witness to a crime, or ever been questioned by a law enforcement officer about a crime?
10) Have you ever filed a complaint against someone with law enforcement?
11) have you or any close relatives or friends ever been charged with or accused of a crime?
12) Have you or any close relatives or friends ever worked in law enforcem4ent, such as for a police department, county sheriff, highway patrol, or the attorney general?
13) Have you or do you have any close relatives or friends who have ever worked as a probation officer, parole officer or in the prison system?
14) Have you ever participated in 'posting' or 'replying' on any internet sites or 'blogs'? If yes, please list the name or 'handle' you post under and specifically which sites or 'blogs' upon which you post or reply.
15) Have you participated in any activity related to the care, transportation, feeding, housing, or clothing of any members of the FLDS?
16) Have you had any contacts or dealings with any person you understood at the time or now understand to be living at the YFZ Ranch in Schleicher County, Texas?
17) have you had any contacts or dealings with any person you understood at the time or now understand to be a member of the FLDS?
18) Please state your religious preference. State which church or synagogue you attend, if any."

AG Abbott is concerned it would seem, about the bloggosphere. See question 14.

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Attorney General Abbott shows up for Jury Selection

Nothing like showing the flag:

The Eldorado Success - "Abbott's presence in the courtroom would seem to indicated the importance he is giving the Keate prosecution."

Nothing like having your boss stare over your shoulder. I guess he wants the jurors to see him.

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What a concept, there is no evidence of a crime that did not occur.

In the Austin American-Statesman it seems that Texas has a hard time grasping the obvious. When there is no crime, it's hard to find.

"'The FLDS group is very difficult to penetrate,' (Texas Attorney General Greg) Abbott said. 'They have a veil of silence that they operate under, and as a result, the kind of evidence that's necessary to prosecute the crimes that they may be committing is difficult to obtain. I think with what Senator Reid is proposing, what the committee is considering, it will provide greater tools for the federal authorities to help go in and begin to eradicate some of the criminal activity that may be taking place.'"

You said it yourself Greg, "may be taking place." Examine your own words for a moment. They mean that there COULD be NO CRIME taking place. Nothing leaves no trace, which COULD account for the difficulty of penetrating the "veil of silence." There always is silence when no one makes a sound. There is no evidence when something does not occur, making it "difficult to obtain."

What a concept. Spend time and money on places that crimes aren't difficult to find, because they actually leave evidence. The idea that you THINK there is a crime, and are frustrated by the absence of evidence leads many people to believe that they were wrong. But not Texas. Not Greg Abbott. More →

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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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