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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A Trial Transcript Comparison (UPDATED)

Ron in Houston, whoever that is, claims (essentially) that I'm not very bright when it comes to my observation regarding the time it took to produce Raymond Jessop's trial transcript. Oh really?

While I realize the cases are different, it is likely that the trial transcript of former Congressman William "Cold Cash" Jefferson is a bit more complex. From an article appearing in the "Times-Picayune."

"A federal appeals court Friday rejected a request from the court reporter in the corruption case of former Congressman William Jefferson for a one-year extension to produce the trial transcript required for the appeal to move forward.

The court reporter, Michael Rodriquez, missed a March 23 deadline to produce the 6,500-page transcript from last summer's eight-week trial, and recently asked that he be given until May, 11, 2011, to produce the document.

'It is my strong belief that the extension of time requested would be sufficient to complete the transcripts requested in this case,' he wrote the court.

In a two-line order, the 4th U.S. Circuit Court of Appeals in Richmond, Va., gave him until June 23 (UPDATE:  As of 07/02/2010 the transcript is now filed for William Jefferson), warning of financial sanctions if he asks for more time.

'Further requests for extension and waiver will be viewed with disfavor by this court,' the court order said.

Jefferson, who turned 63 in March, remains free, pending resolution of the appeal of the guilty verdicts returned by a Virginia jury last August on 11 of the 16 counts charged by the Justice Department."

I guess it's who you know, and who you used to be. Raymond Jessop isn't a former US Congressman, William Jefferson is.

I also can't sort out a comparison between the Jessop trial and the Jefferson trial when it comes to why William Jefferson has an appeal filed, but no transcript, or even why it is that "Cold Cash" Jefferson can be free, pending an appeal, and Raymond is in a Texas Prison.

Nevertheless, Raymond Jessop was convicted on November 6th, 2009, his transcript showed up in about 8 months, and William Jefferson's conviction was in August of 2009, and his transcript had an imposed deadline by the appeals court of March 23rd, 2010. A deadline that was missed.

A 6500 page transcript. William Jefferson was CONVICTED on August 11th, and sentenced about the same time that Raymond Jessop was. I also can't tell you if the sentencing was included in the transcript. Nevertheless we have the better part of August, until March 23rd of this year, about EIGHT and a HALF months for a 6500 page transcript to be produced, and an angry Judge demanding that it be produced, and crankily extending the deadline to about a week ago, for William Jefferson. Even less time if you account for the sentencing of William Jefferson took place after Raymond Jessop was sentenced.

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On FLDS Appeals

When do you suppose that in this day of speech recognition software, HD Video, and general automation of everything in the office, that the transcript of Raymond Jessop's trial (and subsequent conviction) was finally given to the defense, so that they could appeal.

If you said "hasn't happened yet, you'd have been right, up until this month. It's finally in the hands of the defense, as of this month. Remember when he was convicted? November, of last year. Barbara, you wouldn't be dragging your feet for any reason, would you?

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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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Sentences Harsh - YA THINK?

We go much closer to home to see the latest sentencing silliness as the San Angelo Standard - Times asks "Were these sentences too harsh?"

"On Thursday, 32-year-old Daniel Ozuna was sentenced to life in prison by 391st District Court Judge Tom Gossett for indecency with a 7-year-old child by sexual contact. Ozuna already was serving a 5-year sentence for a similar crime.

Lesser sentences can come from situations when there is not a large age gap, such as between a 19-year-old and a 15-year-old person, Morris said.

Morris also said that if the parties consented, the sentence may be more lenient, even though consent is no defense for the guilt-innocence phase of the trial.

'It’s not a defense, but it’s certainly something (jurors) can consider in punishment,' (Gerry) Morris said."

And what is this business about "consent?" While we have seen stories written over the last two years about "what the child wants" from the "ad litem" perspective and what children cannot consent to, suddenly, it seems we have two "consents" now. The consent that a child cannot give, on which the whole "sexual assault of a CHILD" is based, and then the fact that, "oh, yeah, they gave their consent," meaning they gave every indication in language and body that they granted consent, except, they weren't old enough for those words to mean anything.

What incredible hypocrisy. Are we to believe now that chilren actually possess a "consent" that should be considered and a lawyer can now argue that the kid "loved it" and that is a reason to go easy on the perpetrator? First we base the law on the idea that a "child" is a person below a certain age, and that a "child" cannot give "consent."

How about the fact that Mr. Ozuna was already serving a 5 year sentence for a similar crime? Similar in my mind means another child in the single digit age category for which Mr. Ozuna was sentenced to only FIVE YEARS.

And now the point your Modern Pharisee has been making for two years about polygamy and "sexual assault" of "children:"

"The penalty becomes a first-degree felony if the defendant is legally prohibited from marrying, purporting to marry or living with someone under the appearance of being married.

A first-degree felony is punishable with five to 99 years or life in prison and the fine of up to $10,000."

Why then was Lauren Cosgrove not charged and sentenced as a 1st degree felon? Lauren was "legally prohibited from marrying" her 13 year old victim, not because Texas prevents 13 year olds from marrying 30 year olds but because she was married already." Her lawyer, in case you forget, argued that her 13 year old victim "wanted it" and got standing with his peers for bedding an older woman and in this age of equal rights, that "it's different for boys than it is for girls."

The polygamy of the FLDS involving children is not wrong because it involves children. Clearly, even the law recognizes (though seldom fairly applies) the fact that adults can marry "children." The law further declares that "children" magically gain the intelligence to give consent, once they have been legally married.

Kid without a marriage certificate? = Can't give consent.

Kid WITH a marriage certificate? = Can consent to any act with anyone.

Difference? A piece of paper. Basically, the equivalent of a car registration. A point your Modern Pharisee has also made.

Thus the case can be made that it's POLYGAMY they're after, not really "sexual abuse of a child," because if it wasn't polygamy they were after, it would be legal, and a polygamist could legally marry the "child" they were "assaulting" and produce the appropriate papers necessary not to go to jail for life. If it wasn't polygamy they were after, Janet Parker would be in jail right now, and so would Rebecca Ann Bramlett. If you want to "do it" with a 14 year old. Go get a piece of paper.

How sick is it that you can marry the 14 year old girl and have an affair with a 30 year old and nothing happens, but if you are married to the 30 year old and have an affair with at 15 year old, you go to jail for life?

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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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Caught RED HANDED, Texas Sex Predator gets "Deferred Probation"

And very little publicity even though there are graphic pictures documenting her escapades. While the initial article suggested salacious acts reminiscent of oval office escapades with a cigar, the aftermath was quite different.

From Nacogdoches, the Oldest Town in Texas:

The Daily Sentinel - "Twenty-six-year-old Janet Parker surrendered to sheriff's officials at 11 a.m. Wednesday. According to a press release from Shelby County District Attorney Lynda K. Russell, her office and the sheriff's office were first alerted to an inappropriate teacher/student relationship in December. 'The matter was investigated, and although authorities felt inappropriate behavior existed, no proof could be established,' the release said.

'Two weeks ago, suspicions of this relationship again surfaced when a student's cell phone was taken up during school. Because the screen saver picture on the phone depicted behavior unacceptable at school (a student with a tobacco product), authorities at school searched the phone further. The phone was turned over to the district attorney's office. A search warrant was executed on the phone, allowing a forensic expert to search the phone. An inappropriate picture of Janet Parker was found on the cell phone. This phone belonged to the same student with whom Parker was suspected of having an inappropriate relationship last December,' the release said.

Because of the nature of this picture D.A. Russell and Sheriff Johnson requested a warrant for the search of Parker's home. Assisting in executing the search warrant were Shelby County Sheriff's Deputy Desmond McDaniel, Texas Ranger Tom Davis, and D.A. Investigator Danny Green. Evidence gathered at the scene confirmed that the picture of Parker on the child's cell phone was taken in her home. In cases like this, computers are commonly used to store images of inappropriate behavior and communications between parties which sometimes reveal the type of relationship between the parties. As a result, two computers were gathered as possible evidence. A forensic search was conducted of the computers, and as a result of the searches on the computers and the investigation into this matter, 23 warrants have been issued for the arrest of Janet Parker - (9 warrants for sexual performance by a child , three warrants for sexual assault of a child and 11 warrants for possession of child pornography third-degree felony)."

Repeated searches of the web yeilded no information on the trial result. Probably because there was no trial. When contacted, District Attorney Linda Kay Russell's office stated that Ms. Parker received "10 years of deferred probation." I'm not sure what that means, but if it's anything like deferred sentencing, Ms. Parker pled guilty and then got a "deferred" arrangement meaning she's not even being supervised. "Just stay out of trouble" would be the operative phrase, and in ten years she can apply to have her record cleaned.

It would seem that Ms. Parker is being treated as a "first time offender" and not having the book thrown at her. In the meantime, defendants like Merril Leroy Jessop, Michael Emack, Allan Keate and Raymond Jessop are having the book thrown at them as if they were "repeat offenders." It would also appear that just like the ranch was "one residence," FLDS offenders are being treated as one defendant. The sentences are getting worse.

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Merril Jessop moves for Mistrial - UPDATED

It won't work. (UPDATE, it didn't.) Not because it shouldn't work, but because it's Barbara Walther on the bench.

This is part of the basic plea of the prosecution that the FLDS is a dangerous murderous entity and we are dealing with "King Willie, the Thug."

The San Angelo Standard-Times - "Willie Jessop, the sole representative of Merril Leroy Jessop’s family and church, was denied entry to a crowded courtroom (yesterday).

Willie Jessop said the motion, although prepared and signed Monday, was submitted (today)."

No it won't work now, but this continues to be the sort of foundation you build for an appeal. It sounds as if the FLDS was ready for this prosecution piece of theater that is purely designed to make various FLDS men "boogie men" and therefore increase chances of conviction.

Apparently in ruling on the motion (which she denied), our lovable warm fuzzy "Thug" got a word in edgewise:

"(Eric) Nichols, arguing against the motion, put Willie Jessop on the witness stand and made the case that Willie Jessop hadn’t made an attempt to enter after the general questioning of potential jurors.

'At what point would it have been appropriate to enter again?' Willie Jessop shot at Nichols.

Walther intervened, telling Willie Jessop — who she said may not be fully aware of the court’s procedures — that the witness is not allowed to ask questions."

Raymond Jessop (as is being reported elsewhere) has already filed for appeal, but your Modern Pharisee told you it was done, when it was done (January 28th, 2010).

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It's official, Raymond Jessop to file his Appeal

Two different sources are telling me it's done, it's done.

You heard "maybe" here last week. The notice of appeal has been sent so the actual appeal will follow soon. Within a week.

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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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New Year Revolution

The focus of this blog, will be shifting slightly. Really, what more is there to say on the FLDS/YFZ matter? Nothing I can predict. The CSPD connection to the FBI and the call and the caller awaits press interest. To them, it is "timely" or "topical" and as every delay occurs in what might be the oldest misdemeanor case (still being actively pursued) in El Paso County Colorado, they do get MORE interested. It would seem to our "news hounds" (who like sleeping on the porch) that this degree of delay is, interesting. Once more a reporter has feigned some interest in why a woman who is charged with one of the most minor misdemeanors has an attorney who has successfully delayed the charges against her from 2008 to 2010. How do you plea bargain nearly nothing to anything but nothing? But they're going to wait until it happens.

The shift will be towards legalization, and to that end, I may fold up and throw away the "Vermont Polygamy" blog, and merge it into this one. Two major story lines were a bit much to ask of one blog, but now it seems I have only one major story line, and it isn't our friends in the American Southwest. Does this mean I am abandoning them? No. But there's not much to tell really.

The FLDS trial story goes like this: They did it. DNA proves it. Americans are afraid of/hate polygamists as it strikes at the core of their egalitarian ideal. They want it to be about abuse, sexual deviancy, repression and perversion. They want it mostly to be "icky." So the state of Texas proves paternity with DNA, ogles mutually with the jury the age difference, the inequity and the excess they perceive in the Fundamentalist Latter Day Saint practice of polygamy, they leer at young bodies pawed over by older men, and the larger the age difference, the longer the sentence. The trial and the sentencing are supposed to be about legal pedophilia which is really statutory rape, but they turn into disaffected former member rants about religion and female/male roles and polygamy. The horrified voyeuristic jury goes out to deliberate, and wishes only they had the option to kill the defendants. It's not going to change, it isn't going to get any better.

For their part, the FLDS seem to be running up trial balloons of potential defenses and lining the court record with book marks to be used later in appeal. I feel bad for every FLDS male caught up in this mess. A failure to reverse the verdicts on appeal will result in Allan Keate dying in jail. Your Modern Pharisee loathes prisons, and has a Biblical reason for that loathing. In my experience, prison is an ungodly punishment (never being ordered by the scriptures), it is dehumanizing to guard and guarded alike, and The Bible recoils in horror from the concept of prisons, equating them to hell itself.

The biggest stories coming down the pike are whether or not Rozita will be delayed again, what will happen with Allen Steed, what will the new wrinkle be in the Michael Emack trial, how will the evidence challenge go in February for Warren Jeffs? Judge Conn is a real Judge, perhaps a tad too liberal for my tastes, but he's not a cartoon judge like Barbara Walther. He writes well, he is honest, almost admitting the court lost something or lost track of it in his last ruling. He is disdainful of tricks such as Arizona acting as a proxy for Texas, and claiming that they "don't foresee using YFZ evidence."

So I'm on to legalization. Oddly, it is fellow polygynists who are some of my worst enemies in this regard. A conversation recently with an unnamed member of the FLDS yielded a rather startling insight, provided I understood that member correctly. They don't WANT it to be legal, they want an exception for religious reasons, which may ultimately explain some of the legal maneuvering, or lack thereof. If I understood it correctly, they'd just as soon it stayed against the law, but that the law recognize that those who practice it for religious reasons be given a pass.

It makes a sort of odd sense. Honestly, I don't see how you can BE a Latter Day Saint of any stripe, and not embrace the "principle." The most disturbing fact about the FLDS to the LDS is, that the FLDS are more faithful to the teachings of Joseph Smith than the LDS are, and the LDS are very uncomfortable with them for that reason. For the FLDS, if I am hearing it correctly, they don't see any reason to defend the practice among those who are not FLDS. It should be for religious reasons ONLY, and as with all credible religions, the FLDS see themselves as the "true" religion. I don't see why that should surprise us. They're not going away. Attempts to make the FLDS conform to standards that society sees as "good and moral and righteous" won't work. It's wrong in the first place (unconstitutional) and fundamentalists don't change. This is something theological liberals, agnostics and atheists don't get.

On my side of the street, among Christians (sorry Saints), there is a militant desire to not only practice polygamy, but to have it be a private contract. There's more hope here than with the above mentioned FLDS/LDS offshoot point of view. Most non Mormon Christian polygynists want to run the clock back about 100 years, and simply have marriages be an agreement between private parties with the state playing no role at all in who thinks who is married to whom. That's a pipe dream.

As we watch the most massive expansion of Federal Government in our history, we have to be honest. Obama Care is going to want to know everything about you. Register you as married, not married, living together, match DNA on everyone, parent and child, license who can have children and so on. Oh yes, that is coming. So if anything there will be more and more demanding interest in your family situation than before. When there was no national health care, maybe you could have gone for private civil contract as marriage. It was dicey because of the income tax system. After the Obamanation of Nationalized Health Care, you can forget that noise.

A national health care system will want to "save money" by tracking genetic diseases. They will establish paternity at some point regardless of what you want them to do. Just like at YFZ that will be used to prosecute some "crime," which if nothing else right now, is polygyny itself. Those of you who want to keep marriage off the books, you've lost that battle. I'm sorry. I sympathize and would have preferred that myself.

Here's why you should LEGALIZE polygyny. For the near future, you don't have to actually take advantage of the legal registration of your marriage, but the fact that it is legal, will take the heat off you. There is a creepy FBI connection that keeps getting larger in the YFZ case, particularly if some connections are solidified with the prank caller. The FBI seems to be in love with sex crimes these days, looking for creepy stalkers, old men and pedophiles. Whether right or wrong, they're looking to score in that regard. There are only two degrees of separation between FBI task forces on sex stings, and Rozita Swinton. They seem to be looking in on every high profile case of sexual abuse they can find:

ABC News - "Government documents released today show that the FBI assisted Santa Barbara, Calif., officials in their attempt to get cooperation from a person who could have been a key witness in the 2005 case child molestation case against Michael Jackson: the boy who accused the pop star of molesting him in 1993."

Freedom of information act requests were filed apparently, before Michael was cold, and now we know the FBI was up to their necks chasing down Mr. Jackson. It seems they are looking through every peephole.

Don't take it the wrong way, I'm hardly defending the Gloved One. It's just interesting to see what the FBI is, um, interested in. The only way to make them disinterested is to legalize polygamy, then they have no reason to peer through the keyhole of a man living in a house with five women. Right now, they have. Tony Alamo and Michael Jackson and the FLDS tell us they're going to keep right on doing it.

If you are a "private practitioner" of polygyny, let me warn you about what happened in Texas and how it affects you. When you are investigated for whatever crime you are investigated, bigamy and polygamy will be on the menu. You may try the strategy that FLDS men did. It won't work. What happened in Texas was Child Protective Services simply threatened to terminate parental rights. "Ok," you say, "My wife is a GOOD woman, and it won't matter if the state sees me as a father or not, my wife will stay loyal." Then she will be charged with something. Contempt of court for not testifying, bigamy herself, and so on. Now we have a mom in jail, a non Dad, and an abandoned child. It worked it Texas, and it will work with you, and it's now in the FBI playbook. They'll pass it along to each local jurisdiction and repeat as often as necessary.

Don't forget Project Megiddo. I'm sure the FBI hasn't. I see them acting on that template even today. They see religious polygynists as essentially breeding grounds for right wing terrorism, and frankly, the rhetoric I have been treated to by some of my brethren makes me wonder if they're not right about that. I can see some of my acquaintances holed up like Freemen in Jordan quite easily. I KNEW Randy Weaver, and liked the guy, he's not what you think he is, but he is just a tad too militant. He made himself a target, so did "Freeman" leader LeRoy Schweitzer, who is in maximum security prison until 2018. Fighting the "man" may be a romantic notion, but you usually fight the law, and the law wins. If you want to be a modern day John Brown, knock yourself out. A married man is to be concerned with pleasing his wife. Getting thrown in jail for idealistic reasons, isn't attending to that duty.

So it must be legalized. To that end I have ramped up rather unexpectedly my quarrel with the Orthodox Presbyterian Church and I'm making an appeal. FIND SOMEBODY to champion the cause. I've offered myself several times. I'm going to be living in a home with four legislators in it, and I'm in walking distance of the Capitol in Vermont. I'm a registered lobbyist FOR the cause in the state of Vermont. I could register in New Hampshire, and very soon, Washington DC will be a tempting target for legalization, having merely to clear the hurdle of congressional review for their own "Gay Marriage" law. I could devote full time to this pursuit and could easily spend $100,000.00 just running around between legislatures in various states and pigeon holing various legislators. I've collected less than $100.00 and am only registered in the State of Vermont to lobby. You can look here at what attending only one "event" entails.

Make up your minds out there, because I have no need of self styled John Browns and unlike the FLDS who I will continue to champion, I'm not just doing this, for them. Unless they can manufacture some ecumenical love for legalization, ultimately, they're just today's "cause célèbre" and there will be others. The moving finger will write and move on past them.

I have the distinct feeling that a long "fish or cut bait" moment is rapidly approaching in my life. It won't be long until my passion spills out into the aisles of my own church, and I can't tell you what will happen then. I can guess that I will go underground, debating it for the record within the church, or I will be cast out of that church altogether. Frankly, I will be content to go underground and leave the battle to others. For the near future though, it's legalization, to some degree the internal church debate, and regular seasoning of FLDS information, as it hits the fan.

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More on the possible recusal of Walther

I've had time now, to review what happened today:

The San Angelo Standard-Times - "The hearing to quash the indictments, meanwhile, was fraught with confusion and tension.

The hearing began at 10 a.m., and Goldstein had barely finished saying the defense lawyers weren’t all present when the judge said the court would be in recess till 11 a.m.

One of the attorneys had car trouble outside of Sterling City, Goldstein said.

Walther walked to her chambers while Goldstein continued to ask about a previous motion for continuance, so the hearing could proceed at a later time.

His question went unanswered."

Walther is a rude autocratic unjust jurist. She's done this before, walking out on proceedings, usually on a Friday. Remember Memorial Day Weekend?

The San Angelo Standard-Times (May 30th, 2008) - "Judge Barbara Walther left the courtroom this evening without signing an order to restore custody of the children to their parents."

This brutal witch forces witnesses and attorneys and distressed plaintiffs up against a whole holiday weekend to deal with the consequences of her actions. Well it's about time someone started slapping back.

"Then Goldstein dismissed all of the defense’s witnesses until 2 p.m., much to Walther’s surprise.

'Who dismissed them?' she demanded to know when the hearing resumed at 11 a.m.

'Counsel,' Goldstein replied, referring to the defense."

The only phrase that comes to mind at the moment, is someone has grown a pair. The defense is tired of being shoved around, and has become aggressive and assertive. Translated this seems to be "I'm an officer of the court Judge Walther, you left the court room without dealing with my motion, I did as I saw fit, wanna make something of it? Hmmm?"

Of course you can't say it that way, but that would be my take on what he really meant. This is what he said though:

"Goldstein said he meant the court no disrespect but said he had no choice

He said he was ashamed of having called so many witnesses and then having them wait until 11 a.m. and then having them wait for the state to present its case, so he dismissed them until 2 p.m."

But let's hear what he really thought:

"I was goaded into excusing the witnesses," Goldstein said.

Now he goes for the "witch slap:"

"Just as the prosecution had begun to question its first witness, Goldstein stood and asked again whether the judge had heard his motion for continuance."

This is downright confrontational, and Walther says she did hear, and denied the motion.

Well Judge, if you deny a motion, you owe it to the person whose motion you denied, to TELL him. We all have had encounters with controlling depots who enforce power by turning away, mumbling something and walking out. Goldstein his having none of it:

"Goldstein approached the bench with his motion to disqualify the judge."

So basically, the defense says; "You wanna play rough? We're now playing rough.

"The judge who will hear the motion was not named during Friday’s hearing, but Walther told the defense 'in anticipation of your motion' another judge was on standby."

Ever the control freak, aren't we Judge? I don't know procedure, but I rather doubt a judge can pick the judge to judge her own recusal. She knows the name she says, but "won't tell." How petty.

Either that or she doesn't know the name and she's just being snippy and is taking shots on the way down, acting like she's in control of something, that she's not in control of, or at least, shouldn't be.

At one point Eric Nichols is quoted as saying "Oh give me a break."

What did these people expect? That this is a "slam dunk?" That the constitutional questions aren't real? That Walther's behavior isn't dictatorial and grounds possibly for dismissal from the case? That this wouldn't be asked, credibly, during the trial? That the defense wouldn't assert itself? Well, it's happened. Deal with it. It's not going to stop either.

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The Tribune Finally Owns Up

As if we didn't know already. The Salt Lake Tribune has alternately sat on stories or not investigated them from the beginning. They're not the only ones. From about fall of last year, if you hadn't caught on to what was being said between the lines, you weren't reading. Now they just say it:

The Salt Lake Tribune - "We continue to have reservations about the raid on the FLDS Yearning for Zion Ranch in Texas in April 2008 that gave rise to this and other prosecutions. The appeal of the Jessop conviction may bring rulings by higher courts in Texas on whether the evidence from that raid, which was based on a bogus phone tip about a young woman in distress, was tainted by the false foundation for the state's searches and the breadth of the resulting seizures.

Procedural questions aside, however, we believe that justice was served by this prosecution, the conviction and the sentence."

And we, those of us who were outraged by this business, do not. You cannot in this country, separate the procedural from justice, and even relegating it to the bin of "procedural" shows a sort of snooty bias that causes me to grind my teeth a bit.

The bill of Rights is largely concerned with procedure. Our 4th Amendment is in fact nothing, if it is not about procedure.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

By failing to do anything but step back, and NOT editorialize on the issue, and then in the final analysis issue a weak "We continue to have reservations," The Salt Lake Tribune openly declares that when it comes to personal freedom, they opt to subordinate it to what they evaluate as creepy:

"The whole notion of pressing young women into polygamous sexual unions with much older men is abhorrent, and any state which respects the rights of the young, the vulnerable and the brainwashed should prosecute it."

Thanks at least, for telling us that. The fact that no member of the community came forward to testify against Raymond, his "wife" included, who is an adult now, is of no importance to the Tribune. Their claim of abuse only holds legal, but not real water. Had their been real abuse, one of the women of YFZ would have broken ranks, but no one did. Not even to this day. Isn't Janet, Raymond's wife, able to say if she feels abused now? If in fact it is a date on a calender that makes a girl a helpless victim of sexual violence, doesn't the passing of another date on the calender make her capable of saying she wasn't?

Furthermore, if polygamy was the issue, as the Tribune clearly seems to think it is, along with the age of the polygamists involved, why was it that Texas didn't charge the FLDS with bigamy? Certainly there was probable cause to enter the Ranch and claim bigamy. All that evidence could have been collected and we'd be sitting right here, right now, with the same verdict.

And I'd have been reluctantly supportive of that verdict, because I too believe Raymond broke the law.

But we would have had a test case eventually going before the US Supreme Court on the issue of polygamy, and every State, Utah, Arizona and Texas is too cowardly to set that confrontation up. Instead they concocted a premise of abusive teaching and atmosphere and went into YFZ in a procedural way forbidden by our Constitution. That should be more important to the editorial board of the Tribune, but it's not.

You would think that a Free Press would have some allegiance to the idea of rights.

"In our view, there is no question that this is a crime of sexual violence which cannot be justified or explained away by reliance on the constitutional rights of religious freedom."

I guess the 1st Amendment only pertains to them.

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Raymond to serve at least 5 years.

The sentencing phase is over.

Raymond got a 10 year sentence, no parole, he must serve 5 years. ABC 4.

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An Interesting Tidbit on Sentencing from Bill

I did not know this, and hope it's true:

Free the FLDS Children - "As you recall, almost no jurors said they would consider probation for Raymond if he was convicted. OOPS!

Since on Voir dire they stated that they would not consider probation, the Defense can ask for a mistrial, and a new Jury HAS to be chosen for the Sentencing Trial.

It’s (Barbara Walther's) plan to bring in every maggot she can find that hates the FLDS almost as much as she does. She has that right.

On the other hand, Janet (Jessop's "informal" Mrs.) has the right to speak at the Trial, and so does Raymond himself. By Texas Law, he can make a statement to the Jury just the same as he could have made a statement to (Judge Walther) if she were railroading him into prison."

Defense attorney Mark Stevens has some sort of inscrutable strategy that I have not fully divined yet. I am not an attorney, least of all a Texas criminal defense attorney. I continue to suspect that Judge Walther has left an appeal rich trail that any attorney who likes appeals would drool over.

Perhaps the "deal" where Stevens capitulated on FLDS members on the Jury was that no one would contest them if a new panel was seated for sentencing. Either there's a plan or Stevens is a spectacularly bad attorney, is hobbled by defense wishes (I would think he wouldn't have taken the case then) and everything I hear over the transom is that Stevens is not a bad barrister.

Frankly if they're going down, I'd hope the FLDS sets up some sort of legal confrontation that clarifies certain points of law, but on the other hand, I can understand of people like Raymond Jessop elect to take probation over idealism.

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Walther Tries to Sentence Raymond Jessop on the sly

Except for a tip, no one would have known.

The Plural Life - "Surprise, surprise. The court decided to hold a hearing today after all. I got there in the nick of time, thanks to a certain unnamed tipster. Thank you!

Last night when we left, Judge Barbara Walther told everyone court would resume at 10 a.m. on Monday. That was the word from the Texas Attorney General’s Office, too.

But Walther changed her mind. Had things gone more quickly today, I think she was prepared to go ahead with sentencing. The jury was at the court, sequestered in the waiting room. She finally sent them home about 2:30."

Brooke Adams scores again. She is apparently responsible for getting Juror 12 86'd, though in retrospect I think I would have preferred that she remained, and now she scores with nosing out another Walther Friday Surprise.

I don't know if the defense consented to this or not. I personally don't know the workings of the court, but I know that Walther would trample them if she could, and probably has IMHO.

On the surface, this seems to stink.

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Heard on the Radio, Reflections on the Verdict

With the Fort Hood tragedy dominating the news, the Raymond Jessop verdict sorta slid beneath the waves.

I was on my way to the bank this morning, and overheard on the news, as the last story (paraphrased of course) was this:

"Raymond Jessop is facing 20 years in jail as a result of being convicted yesterday in Texas for sex with a teenage girl. The conviction was a result of a raid on the Yearning for Zion Ranch last year, in which over 400 children were put into foster care."

There are probably less than 2000 people outside the FLDS and Texas Law Enforcement that know what really happened and this is how public opinion is shaped. The story didn't include the fact that the children were all returned. Most people don't know the big issues that were in play at YFZ for all of us, and are still fuzzy on what happened afterward. I think Brooke Adams spoke for herself as well as others about the result of the trial when she had an anonymous man who accosted her outside the courtroom respond to the verdict with one word.

"Good."

Most people who did know about the details of YFZ were concerned with the children. When they all went back (a perception not reinforced by the above referenced news story) that was the end of their outrage. By hook or by crook a molester or 12 had been apprehended and that was good enough. Compromise tends to rule the day when truth is at stake and it seemed a fair result to most that at the end of an illegal raid, FLDS members got half their stuff back. You YFZ'ers keep your kids, we'll jail the dirty old men for the next 20 years. Nothing can ever make a wrong right, but the least you can do is try to reset things to the way they were. Such moral compromises always encourage the despot and the thief.

You want 100%? Just steal twice as much as you need. Compromise. Meet your opponent half way. How is it good that I walked through the door with $100.00, got beat up, had to dust myself off, shake hands with my assailant and walk out the door missing a tooth and only having $50.00 and him getting credit for giving it back to me? I want my $100.00 thank you.

The Washington Times - "Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids.

That's right. Orchids."

Everything is criminalized now. From food, to sex to drugs to marriage, it's all regulated overmuch by the Government and you're doing something wrong, I promise you. Have we forgotten the Manna Storehouse? In a completely criminalized society, where you cannot hope to stay violation free, you're only hope is a valid search warrant standing in between you, and imprisonment. Anyone who has bothered to follow the few facts accumulated about Rozita Swinton's call to the Newbridge shelter knows that she guessed at a lot of details and out of several jurisdictions she called, only Texas eventually chose to believe her tall tales. We all laugh in theaters and watching TV at the pretense used by police to gain entry to places they cannot go. We cheer them on because they are the monolithic "Good Guys" and the script demonized "Bad Guys" have been getting away with too much anyway. Time to win one for the team.

If you combine too much regulation, too many personal swat teams and too little in the way of barriers to home invasion on the part of Law Enforcement, you end up with the purest form of tyranny. The laws cannot all be enforced. Many of the agencies still don't have their personal swat teams and their laws just lay there, on the books, no one enforcing them. You can TRY to get them enforced but good luck with that. Angry police officers and detectives will inform you of rules and regs they know about pertaining to harassing a police officer and threaten to come get you if you don't quit bothering them. And they can. This then becomes the selective use of law to keep you in line, not to make for a law abiding society. I have personal experience with that. A 2am obscene phone caller from out of state. I should have known when the whole YFZ thing started that nothing would happen with the prank caller. I had personal experience with a misdemeanor offense committed against me. It ended with a Gallatin County Sheriff's department detective threatening me to enforce a law against me if I didn't stop bothering him about it. It didn't stop them from sending a cruiser to my door in the middle of the night to shut up my persistent out of state harasser, that they could not shut up.

How odd that this in many ways fits the pattern exactly of the YFZ affair. Wanting to be cooperative I invited the Deputy into my home. It is only now that I remember his eyes roaming the room for an "exigent circumstance." There was none, whatever unknown misdeed I was committing, he either did not see, or didn't know about himself. I suppose if my daughter had been up downloading copyrighted music, he could have cuffed me right there.

We are all in that sort of peril. We are all at the mercy of Law Enforcement trying to make their day go easier and shut up pests, many of them from out of state, be it pranksters from Colorado, or Malcontents from Utah and Arizona or regulators from Washington DC wanting to eliminate the illegal orchid trade, or food Nazis in Ohio.

My only natural son has proved an interesting lesson for me in many ways with his various and continuing scrapes with the law. One of the most vital lessons was how LE seeks to gain control over people. At the end of one of his scrapes I had managed to guide him through the court system, getting him cleared of an undeserved felony and winding up with a correct charge that was a misdemeanor and accompanying probation to go with it.

Then I got my education. The probation officer as much as told me that he wasn't interested in managing my son's probation to keep him out of trouble, instead, he wanted to manage it so that he could catch him in another felony. Why? Because he could then control him better, if he was a felon. A felon goes back to prison, a misdemeanant does not. Alcohol consumption may be legal, pot a minor crime and having hand lotion (allegedly for the purposes of self gratification) are not that big a deal for you or I, but as terms of probation for a felon, can send them to jail for things they seemingly can't resist. Control.

In this same way police don't want to give up the small controls they have in our lives. It works to their advantage if they can just go anywhere they want, anytime and in the currently over regulated environment, if all it takes is Pinky (or Sarah) calling while watching TV to spark a raid, LE doesn't worry about what they'll find when they get inside. They know they'll find something.

"Jerry Lee Lewis had already gone through two marriages by 1957; he'd married Jane Mitcham, his second, 23 days before his divorce from his first wife, Dorothy Barton, was final. On December 12, 1957, Jerry married his third cousin, Myra Gale Brown. A lot of ink has been spilled about his close blood relationship with Myra, and the fact that she was only thirteen and still believed in Santa Claus when the pair were married. For a man from his time and place, however, marrying at thirteen and marrying one's third cousin (twice removed) were both fairly commonplace occurrences, although Lewis further complicated matters by again marrying before the divorce from his second wife was final.

Lewis didn't seem to realize that this was offensive to most urban markets (and to other countries): in fact, Sun Records' Jud Phillips (brother of producer Sam) had warned him against taking Myra with him to England on his first European tour. Jerry Lee, never one to change his mind, took her anyway. When they stepped off the plane on May 22, 1958, Lewis obligingly told the British press that Myra was his wife (although he gave her age as 15 and moved up the date of their actual wedding). His bride, for her part, told the gathering that fifteen wasn't too young to marry back home: 'You can marry at 10 if you can find a husband.' "

1957. It wasn't that long ago, I was three years old. Jerry Lee Lewis is now considered to be a bit of a rascal, a country singer, and his daughter by his union with Myra, manages his career. Now there's a pedophile for you. We too quickly forget. What is now a 20 year jail term was once commonplace and I promise you that a look back at your recent ancestry is liable to produce a similar union. Without them, we would not be here.

Now like prohibition crazies gone wild again, we have found a new vice to be shocked about. Sex with "children." On the surface it seems like a righteous cause and it's perfect because both the left and the right hate their newfound sinners, so they have no friends. The left tears at the LDS and other religions regularly and popularize their failings. The right whines about molesters and homos and wants to pull the dust from everyone else's eye while ignoring the lumber yard in their own.

What do they find? A small fundamentalist group of Latter Day Saints who have been doing what they've been doing since the religion was founded. The Right hates them. The mainstream LDS religion hates them, the Left hates them. Once you're isolated like that, you have little hope. After a year and a half of demonizing the FLDS and trying the case in the press with outright lies, Raymond Jessop, who they can't even prove committed a crime in Texas, is convicted by a jury in time to get home for dinner. Raymond's wives will not see him now for perhaps the rest of his life. His children may even be barred from seeing him. They will become doubtless members of the welfare roles. Not a single participant in the "crime" (both adults now) testified in the case. Raymond's "victim" didn't even complain.

Is all well?

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That didn't take long.

Guilty, but you probably know that already.

Lone Star Texas News - "Raymond Jessop has been found guilty of sexual assault of a child in connection with charges he married an underage girl. Jessop was a member of the FLDS Church and live on the compound near Eldorado that was raided by the state last year.

Attorney General Greg Abbott says 'the jury in State v. Raymond Merril Jessop has rendered a guilty verdict. The sentencing phase of the trial will begin Monday morning. Because trial proceedings are still ongoing, we cannot comment further at this time.'

This was the first trial stemming from that state raid."

The way the trial was going, it really didn't figure that the verdict was going to take long. The way I see it their minds were made up before they even heard the first word uttered in trial.

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Mark Stevens moves for an "Instructed Verdict"

Denied of course:

The Salt Lake Tribune - "One document, a marriage record, showed Jessop married the then 16-year-old on Aug. 12, 2004, for 'time and eternity,' at Jeffs' home at the Yearning for Zion Ranch, where about 600 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints reside.

Jeffs performed the ceremony, while counselors Wendell Nielsen and Fred M. Jessop were witnesses.

A dictation dated Oct. 19, 2004, said that a 'fourth home was to be built' at the ranch for Jessop, its foundation to be completed by Nov. 5 of that year.

A list dated Oct. 7, 2005, of 'Babies Born at R-17' showed names of Jessop and his alleged victim and a check mark under a column labeled 'girls.'

Hanna also read from a 'List of Nursing and Expectant Mothers,' which under Jessop's name show the alleged victim as a nursing mother in October 2005. As required by 51st District Judge Barbara Walther, names of two pregnant women and two other nursing mothers associated with Jessop were blacked out.

None of the documents were dated from November 2004, when the state alleges the alleged victim became pregnant.

Defense Attorney Mark Stevens focused on that when he asked Walther to give the jury an 'instructed verdict' that the state hadn't proved jurisdiction. Walther denied that motion."

This would seem to say that the defense is conceding that Raymond is the child's father. That really doesn't surprise me. It also may be that the defense will point to the fact that other possible candidates that were close relatives were not tested, and we don't know what those tests would have shown. If I made that argument in Mark Stevens' shoes, I would point out that we can't know what likelihood of paternity exists in another person not tested, that the state assumed too much and didn't do it's job.

In the final analysis though, it seems that he is going to hang his hat on the idea that Texas is trying a case it can't know it has jurisdiction over, that Raymond and his "Bride" could have been anywhere in the world, and it certainly hasn't been shown that Raymond was on the ranch when the child was conceived.

The Associated Press seems to concur that it is an essential element.

WRAL - "(Raymond) Jessop's attorney, Mark Stevens, has argued that prosecutors failed to show that any assault happened in Texas - a necessary element in demonstrating the court's jurisdiction.

'There is no way one can draw a reasonable inference ... that this alleged event must have occurred on that ranch,' he said."

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What's the Message here?

Judge Walther has made this trial an unpleasant experience for all, keeping long hours and holding jurors into the night. Now she tells them they can't go home until they give her a verdict:

The San Angelo Standard-Times - "(Texas Judge Barbara) Walther told the seven-man, five-woman jury Wednesday evening that she expected they’d be hearing closing arguments about midday Thursday. She also told jurors to pack suitcases, and her bailiff reserved rooms for them. Once jurors begin deliberating on a verdict, Walther has decided not to allow them to separate."

So they shouldn't communicate during the trial (but could) and now until the reach a verdict, they're going to jail.

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