Showing posts with label Michael Emack. Show all posts
Showing posts with label Michael Emack. Show all posts

Monday, July 12, 2010

Leroy Emack Found, (Lost No More)

Predictably and sadly, not alive.
The area where Leroy drowned is well known to me. It takes many lives, and the bodies are not often found right away. Despite what local conventional wisdom said, and despite the calling off of the search by local authorities, the FLDS went about the thankless task of finding the truly lost young man, and brought him home to be properly buried and give his family a way to honor his life. I am told Leroy worked tirelessly to help support his family during his father's conviction in Texas.

I think a campaign of letter writing should be begin immediately, to allow Michael to attend his faithful son's funeral. This is what a community does when one of it's sheep is lost, they go, and they find him.
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Saturday, July 10, 2010

Someone we know (UPDATED - Michael Emack's Child)

The name is being withheld, but it's someone we know.
The Great Falls Tribune - "A handful of trucks and trailers with Utah and Idaho license plates at the Rainbow Dam boat launch could indicate search efforts for a canoeist who has been missing since Sunday have resumed.

A base is set up at the boat launch with an awning covering several men with handheld radios, cases of Gatorade and some snack foods.

Only one boat was visible between the Lewis and Clark Interpretive Center and the boat launch, and one of the vehicles with Utah plates had a boat trailer on the back of it.

Two unidentified men at the boat launch base were operating a non-motorized canoe, and a truck pulled up around 11:30 a.m. with a four-pronged pole which is typically used to drag the bottom of a waterway.

The individuals at the base declined to comment, except to say that further information would need to come from the Cascade County Sheriff’s Office.

Capt. Ray Hitchcock of the Cascade County Sheriff’s Office declined to comment except to say that the county is not involved in the search.

Sheriff David Castle said the friends or family have 'every right' to hire a private search team.

Cascade County Search and Rescue called off the search on Tuesday.

The missing canoeist, who has not yet been identified, is a 21-year-old Utah man who was working in Great Falls."
Michael Emack is unable to be there to help.
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Thursday, July 08, 2010

Massive Lurch Towards Legal Polygamy

With a judge striking down the defense of marriage act that defines marriage as being between a man and a woman, what's to stop a man and a woman and a woman from stepping into the void and getting married?
The Boston Globe - "A federal district court judge in Boston today struck down the 1996 federal law that defines marriage as a union exclusively between a man and a woman.

Judge Joseph L. Tauro ruled that the federal Defense of Marriage law violates the Constitutional right of married same-sex couples to equal protection under the law and upends the federal government’s long history of allowing states to set their own marriage laws."
Where does this leave the "enhancement clause" on which the super long sentences of FLDS members is based as well?

It may be no longer necessary to lobby for legal polygamy, it may very well be here. I'd encourage some already polygynous family to rush out and attempt to marry themselves, all three, four or five (or however many) they are.
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Thursday, April 15, 2010

Another Nolo - No Trial for Lehi (UPDATED)

There will be no trial for Lehi Barlow Jeffs:
The San Angelo Standard-Times - "Lehi Barlow Jeffs, 31, took a plea deal for eight years in prison for sexual assault of a child who was bound to him in a nonlegal marriage when the girl was 15 years old. The assault itself, based on the birth of her child, was alleged to have occurred on Sept. 18, 2006.

Jeffs also plead no contest to bigamy, having had three wives, one of them legal. He was sentenced to eight years to be served concurrently with his other sentence."
It is probably that Lehi retained the right to benefit from appeals regarding the evidence, should Barbara Walther be reversed (Bill Medvecky says yes).
"(Michael) Emack also keeps the right to appeal based on the motion to quash the grand jury indictments alleging that the grand jury system in Schleicher County underrepresented Hispanics."
From the Standard-Times, January 22nd, 2010.
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Friday, April 02, 2010

Two Years Later, all that is left, is misinformation

Betty Jessop
The condition of journalism today, is largely a reflection of the condition of our own minds. Logic applied to this ABC News analysis would cost the writers their jobs, but it doesn't, because we have long since ceased to apply logic, as a society:
"Former members of the polygamist sect that was raided two years ago say they are encouraged by tough sentences handed down by courts in recent months, but said that the secretive group is as a strong as ever."
In one sentence, there is an internal contradiction that will be repeated in this story. Perhaps the writer is a fan of "synthesis," thinking we arrive at truth by merging contradictions. If so, the writer is so fuzzy on that blurry concept that they have lost track of even that distorted view of the truth.

How are you encouraged by "strong sentences" if they are not breaking the will of your enemy, but instead, seemingly, making them stronger? In addition, in a theme repeated by the hateful "Antis," the human sacrifice of example must be applied to an undeserving victim to advance their agenda.

Think.

If the sentences are extraordinarily harsh, and out of proportion with sentences handed down to other "sex offenders," then we have demanded of the "offender" that they pay more than they ought, for the sake of an agenda being advanced. We might as well throw someone into a volcano to appease some "god."

If the sentences are NOT extraordinarily harsh, then the hatred of the "Antis" is revealed again, because they cannot focus on the greater damage to society occurring every day with other sex offenders flying under the radar while former FLDS members revel and rejoice while their own special focuses of vitriol are roasted alive. The rest of the world and it's children can go to hell while they sit back and bask in the glowing fire of their enemies suffering.
"So far, four of the 12 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints who were accused of child abuse have been convicted and sentenced to prison.

'These convictions are a really big deal. They're game changers and it's significant,' said Carolyn Jessop, who escaped from the FLDS sect in Colorado City, Ariz., seven years ago."
What, is this a book deal promotion? Carolyn Jessop "escaped?" Are we just reminding people what the title of her book is? Many people have "escaped" from the FLDS, as many as want to. "Escape" is a connotation laden word implying imprisonment, making a break for it, and "Getting Away" from pursuers.

The evidence says you can "walk away" from the FLDS, anytime you want to. The author of the story neglects to mention that Carolyn's own daughter Betty "escaped" from her and went back to FLDS.
" '(T)here is still a side to the FLDS that thinks they are invincible and that these trials are a joke and that if a few men go to prison for the cause, the group will still be fine,' said Jessop. The group burst into the national spotlight after the April 3, 2008 raid of the Yearning for Zion Ranch in Eldorado, Texas. People were stunned not only by the charges of polygamy and child brides, but because of the pastel prairie clothes, braided hairstyles and submissive attitude of the ranch's women."
One is tempted to simply allow their brain to leap out of their skull and start smashing itself into whatever wall there is available.

There is "Still a SIDE to the FLDS?" Um, Carolyn, how about "the whole group?" Pretty much it seems the "side" she speaks of is the vast majority of the FLDS. She seems to imply here that the FLDS is a divided group with a faction holding sway, when outward evidence suggests that the "factions" of the FLDS consist of a small rebellious minority that regularly leaves the group and then is stunned when no one follows, such as Carolyn, Elissa and Flora. By using these terms, and also having the writer repeat them without modification or observation of any kind, the writer is not being a reporter, but an advocate, mouthpiece and publicist for the "side" of the FLDS that pretty much isn't FLDS any longer.

Carolyn and the writer imply strongly that there is a "side" within the group still, that longs to be as she is. Except, in two years none of those "rescued" that needed to "escape" from the ranch, have taken advantage of their opportunity to "escape." They have in fact fought tooth and nail, to get back, like her own daughter Betty.
"Carolyn Jessop characterizes the recent 75-year prison sentence as 'unbelievable,' saying that the FLDS has believed for generations 'that they live above the law.' Even so, she says that unless the veil of secrecy that has long overshadowed the sect is lifted, the group will continue to thrive.

'If these men go to prison and don't say anything, [their convictions] might not have any impact on the group,' she said. 'The only way I can see it having a profound impact is if someone is willing to talk for a reduced sentence.' "
And here Carolyn's hateful motivations and immorality are made clear. She's part of a group that wishes to use long prison sentences to extort information from the convicted.

"Keep Convicting Them," she is saying, "Keep Sentencing Them to LIFELONG TORMENT (until someone talks)."

I hate to break it to Carolyn, but if you truly believe that the Path to Heaven and Place in the Afterlife is along the lines that the FLDS believe it to be, this would be the equivalent of selling your soul for Raymond, Merril Allen Keate or Michael Emack. Would you indeed trade your immortal soul for relief in this life? 35 or less of your remaining years on this earth, for an eternity in Torment?
"[The sect] depends on secrecy," she said. "The minute the secrecy is taken away, then the crimes will have to be prosecuted."

"These men know what is going on at that ranch and in the entire community and they've witnessed the worst," she added.
Carolyn Jessop
Yup, that's it. They're the Nazi's that imprison her people who long to be let go from their concentration camp. They should be subjected to increasing torments, until someone confesses.

What's next Carolyn? Do you want to send them all to some CIA torture camp outside the country to be waterboarded until they give it up?
"Mary Mackert, another former FLDS member who left the group and her six sister wives in 1984, agrees with Carolyn Jessop, and says that while the news of the convictions 'makes her smile,' she said there is much more to be done."
If you doubted me, simply read the above again. Mary Mackert "agrees" with Carolyn Jessop. What is her attitude? The extraordinary punishments of the FLDS members convicted so far "make her smile."

For them, the ends justify the means:
"Both Mackert and Jessop said the investigation of the Yearning For Zion Ranch in 2008 was successful in that it brought light to the crimes the members allegedly commit, but said it failed in terms of the children."
And for the FLDS? I have a point to make, when you don't tell your side of the story loudly enough, the revisionism takes full hold, and today's writers, who don't research their stories, repeat lies:
"In the days following the raid, 439 children were taken from their parents and put into foster care, running up a tab for the state of Texas that exceeded $12 million in just 2009. Legal fees since then have not been calculated. All but one child has since been returned to the ranch."
This gives the impression that Texas still holds Merrianne Jessop.
"It broke my heart to see the judge turn those children back," said Mackert.
I suppose we should care about Mary's heart, far away in Idaho, about kids that aren't hers, as opposed to the parent's hearts, in Texas, with relation to kids that ARE theirs. To say nothing of the kids themselves.

And now, another one of those contradiction laden passages:
"Jessop also questioned why the children were returned.

'When the state went in and took the kids, I thought once they interfered they had an obligation to follow through. They had an obligation and not just put the kids back in it and close their eyes. That to me was completely betrayal for these children,' she said.

The Texas Department of Family and Protective Services declined to comment for this story. In previous media accounts, the agency has defended the raid and has said they would do it again if they received more reports of child abuse. The children were returned to the ranch due to a lack of evidence of abuse to those children.

'Because the state dropped the ball on the kids, the FLDS community was very much strengthened because inside, they feel like the sky is the limit and they're untouchable,' said Carolyn Jessop, who still communicates with sect members, including family members."
The state defends the raid, Carolyn thinks they dropped the ball, but the CHILDREN were returned because there was a LACK of EVIDENCE of ABUSE to those children.

Carolyn is again held up as some sort of expert on internal FLDS workings, and the state has listened to her with regard to what happens there, and given her almost all she wishes in terms of pressure applied the FLDS, and they haven't cracked.

Wise up Carolyn, you said it yourself: "The FLDS community is very much strengthened." Wait for it though, she's not through contradicting herself.
"(Mary and Carolyn) say that while they will never stop talking about their own experiences, current FDLS members are the ones that really have the power to end what they call a life of 'emotional and physical torture.'

'The people at the top [in the sect] are nervous,' said Jessop. 'They don't admit it to a lot of people, but they are.'

'How could they not be nervous?' echoed Mackert. 'It's becoming a reality that they could spend the rest of their lives behind bars.' "
Yup, the emotional abuse and torture Carolyn's own daughter couldn't wait to subject herself to again. The emotional abuse and torture that Mary and Carolyn seemed trapped in for the rest of their own lives.

Get over it gals.

It's over. I have an ex. I lost everything. Kids and all. I don't spend any more time than is absolutely necessary thinking about her. It only hurts me and if I'm really unlucky, everyone around me when I can't zip my lip about it. Don't be such losers.

In my experience, a good deal of ex wives are like suicides. They leave a marriage, they kill it, and then they hang around to see if their ex, got the message. Finally.
"Think I'm gonna kill myself, cause a little suicide, stick around for a couple of days, what a scandal if I died.

Yeah, I'm gonna kill myself, get a little headline news. I'd like to see what the papers say..." (Bernie Taupin)
Unfortunately, for those of us left behind, the ghosts of divorce are all too real. Carolyn and Mary still want the attention, and are going to hairlip the devil to get it.

It is also true that Mary and Carolyn seem to be engaging in a little wishful thinking. The leaders are "nervous." Of course, she has no actual communication with them to know this, but, they're nervous. Aren't they? They'd have to be. Wouldn't they?

Stunningly, or perhaps really not so stunningly, the "unpersoning" (damnatio memoriae) of Rozita Swinton is now complete. In not one place in this story is she mentioned. In the popular retelling we'll just keep applying a little makeup to that "unsightly area" until it is gone altogether.

Rozita Swinton, Babysitting, Thanksgiving 2008, Burley ID
I did do the follow up on Rozita's Douglas County probation violation. Her probation officer was persuaded to not file a report against her, alleging violation of her previous conviction's terms of probation in Douglas County. She was "granted a new trial," the charges were dropped, and the whole matter went away.

Just like David Foley said it would happen. Except he left out a few nasty details, like she'd been convicted before, and than some major arm twisting went on to get the new trial, dropped charge and eventual vaporizing of Rozita's previous crime to that of the El Paso county conviction.

David Foley has also said that Texas has agreed to drop the charges against Rozita. I believe him even though Texas denies it.

But Carolyn and Mary hang around. Rozita and the real causes behind YFZ fade into the sunset and diminish. And ABC news retells the story, until we get it "right."
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Friday, March 19, 2010

You think the wheels of justice turn slowly for the FLDS?

Consider the case of Alison Mosbeck. The then 33-year-old history teacher at Dueitt Middle School (now 35 or 36) and mother of two (no word on children in the intervening time period) resigned October 29th, 2007, the same day she appeared in court on charges of having sexual relations with a boy who is still a minor. Previously Ms. Mosbeck had been on "administrative leave."
The Houston Chronicle - "(Harris County Assistant District Attorney & Crimes Against Children Division Chief Denise) Oncken said Mosbeck allegedly had a sexual relationship with a 14-year-old student between fall 2006 and March 2007. They had intercourse at least three times, prosecutors said."
The "alleged" crime originally occurred in late 2006, after the crime committed on or about August 20th 2006 that Merril Leroy Jessop is being sentenced for. Merril's "victim" is now and adult and had to be considered a "hostile" witness for the prosecution, so much so that they had to collect DNA against the will of all involved to come up with the charge and successful prosecution of Mr. Jessop. I emphasize that Ms. Mosbeck's alleged victim is still a minor.

Alison will finally go on trial next month. Since that time it would appear that Ms. Oncken has been promoted and now John Jordan will be prosecuting the case. If prior cases mentioned here at the Modern Pharisee are any predictor of outcome, after her trial, Ms. Mosbeck will serve a fraction of the time that Michael Emack "plea bargained" to get.
"If convicted, Mosbeck, a mother of two children, faces a possible sentence ranging from two years to 20 years for each case, Oncken said. She also is eligible for probation, Oncken added."
It looked like, at the time, that Harris County Assistant District Attorney Denise Oncken was open to the idea of probation.
The San Angelo Standard-Times - "Today at 9 a.m. the jurors will hear closing arguments and deliberate on Jessop’s sentence."
I suspect they will be sending another "message."
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Wednesday, March 17, 2010

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

Yup, only 6 months and a chance to wipe her slate clean:
The Corpus Christi Caller-Times - "A former dance teacher accused of sexually assaulting a 13-year-old student pleaded guilty Tuesday in exchange for probation, six months in jail and the opportunity to avoid a conviction.

Sandra Borrego’s guilty plea came shortly before jury selection was to start Tuesday morning. She pleaded guilty to 22 counts of aggravated sexual assault of a child."
What hypocrites Texans are. Michael Emack got 33 years, a virtual life sentence. I shudder to think what Merril is going to get. The age difference between Sandra and her young victim is greater than that of Merril and his bride. Sandra is 41, the boy she "assaulted," barely a teen.

By the way, they say they don't believe me, but they do. (Rise to the bait little fishy.)
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Friday, January 22, 2010

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

Michael Emack pled "nolo contendere" but preserved his right to appeal, answering a question on my mind:
The San Angelo Standard-Times - Judge Barbara Walther of the 51st District Court asked (Michael) Emack if he understood what the plea allowed him to do.

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

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

One case regards the lawfulness of search warrants that law enforcement personnel used to raid the Yearning for Zion Ranch outside Eldorado in April 2008 on the basis of what later turned out to be a hoax call of a girl claiming she was abused inside the community."
I had wondered about this. If you plead "no contest" can you re-open the case if the evidence is disallowed later and the answer is "yes." Depending on how long those appeals take, Michael may be out about the same time they get processed through our legal system. It apparently took making a special stipulation to reserve that right for Mr. Emack who will get seven years.

He also gives up his "right to remain silent" among others which I don't know exactly how to take. The waiver stipulation worries me:
"(Judge Barbara) Walther had Emack agree to a 'waiver of stipulation of the evidence,' saying that the evidence was accurate and could prove the case beyond a reasonable doubt."
I honestly don't know. Does this now constitute a form of testimony that can be used in other cases? Namely, that the evidence is "accurate?" Judge Walther is not a great jurist, but she is not a stupid woman either, and I'm sure the prosecution had influence on what it would accept from Mr. Emack. Greater legal minds than mine (there are quite a few) will chime in on this development and reveal what it means to it's fullest extent.

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

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

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

(Michael's) defense lawyer, Abilene attorney Randy Wilson, will reserve the right to appeal that bigamy case, stating that Emack intends to be a part of a joint motion of FLDS members that will challenge the constitutionality of Texas’ bigamy statutes."
Interesting. Plead out so that you can challenge the constitutionality of a bigamy law. My work may be done soon.

The constitutionality angle will burn the candle at one end, the evidence challenge at the other. Eventually, if the evidence challenge fails, but the constitutional angle does not, it will be argued that Texas married young women right up to the point of the raid, that were of similar and younger age than the informal brides of the FLDS. I suppose the argument would then be, "I wasn't asking to do anything wrong, I was just forbidden to do what was my right by the state of Texas." Texas can hardly argue it doesn't want young girls having sex, when it's marrying them off. All they can say is they don't want young girls having sex with older men who have another wife, and that will be an unconstitutional restriction.
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Thursday, January 07, 2010

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

The next FLDS trial, will be in San Angelo.
The San Angelo Standard-Times - "In a pretrial hearing on Thursday, the prosecution, headed by attorney Eric Nichols, and the defense, led by Abilene attorney Randy Wilson, agreed to the change of venue from Schleicher County. The prosecution had pushed for the change of venue for the previous trials of FLDS members Raymond Merril Jessop and Allan Eugene Keate, but the trials were held in Eldorado."
Whatever value the FLDS has assigned in the past to being at home, they've given up on now. I guess you have to figure 33 years is bad enough, and it can't get worse going to Tom Green county.
"Earlier in the morning, (Barbara) Walther denied a motion for a new trial for (Raymond) Jessop, who was convicted of child sexual assault in November. A defense attorney argued that the Schleicher County grand jury selection process was unfair to Jessop."
We do get a view though, of another appeal angle. Regardless of what was agreed to by the defense regarding the composition of the jury, they clearly took umbrage and now they're griping for the record. I'm not going to pretend to know the ins and legal outs of procedure, but this process has stunk up the place, it only works if you don't care how you "get 'em" but just want to "get 'em."
"Gerald Goldstein, who stood in for Mark Stevens as Jessop’s attorney, was displeased that Walther presided over the hearing because she was involved in the grand jury selection process.

'This should be heard by a different court,' Goldstein said at the beginning of the hearing."
Some FLDS arguments I am sure are exotic and far fetched. That is normal for a vigorous defense. I'm sure that attorneys have touched bases for all forms of appeal during the trial and will be trotting them out out one by one or in a bunch.

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

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