Kody Brown's Victory will be reversed (UPDATED)

That's my prediction, and I hope I'm wrong. Here's why the decision will be reversed on appeal:

The Judiciary is highly politicized and tied to the news cycle. I may have missed it, but the almost complete lack of coverage of Brown v. Buhman in the Broadcast media is the proverbial canary in the mine shaft for decriminalization of Plural Marriage/Polygamy.

There has been nothing (as of this writing) on the "Drudge Report." I checked both CNN & Fox and they were late to the table with both of their stories, and despite the fact that I can't watch every channel all the time, I have tuned in enough to know that coverage on Television and Radio was minimal to non-existent. (UPDATE, Apparently Bill O'Reilly opined, but I can't find the transcript or video, I did find a CNN video complete with "plyg" clichés.) Both the political right and the political left are largely ignoring the story. Democratic/Left leaning media sources have begun to point out that Judge Waddoups was a Bush appointee, this using that sort of backhand to discredit the decision. Rush didn't mention it at all on his show (I've listened MOST of the day) until December 18th, 2013. I'm not waiting to hear what Hannity will (or won't) say before sticking my neck out.

Face it. BIBLICAL plural marriage proponents have no friends on the right OR the left. The media KNOWS that and just signaled to the politicized judiciary that they're not going to be looking when the legal mugging occurs. Please remember there was overwhelming evidence (notice I did not say conclusive) that "informant" Rozita Swinton was probably a plant and a tool of law enforcement. This evidence was never followed by the media, either on the right or the left. Why? My best guess is that the outcome of incarcerating FLDS men was so important to both the left and the right, that no one cared how it was done.

I'm going to say we have exactly the same sort of situation here. Some supposed inconsistency of law is going to be cited on appeal, and Judge Waddoups decision will be reversed. My best guess is that it will be that Kody Brown had no standing. This will turn on the fact that he was never prosecuted for his supposed violation of law which will shove us back into the limbo of Law Enforcement using laws that contain phrases like "purport(ing) to be married" to break down your door, and then never trying the suspect for bigamy/polygamy. They will instead ransack the house, perhaps take any children present, and lever the "suspect" into a plea bargain on something like tax evasion or violations of some housing codes.

I fully realize that the case went ahead and the Judge dismissed the idea of "no standing" on the part of the Brown family as avoidance on the part of the State. I agree with him that it was. I was quite happy to see he swept the state's objection aside and went ahead with the case. I think that's the grounds though, on which the decision will be reversed.

I have qualifiers to my prediction. First it may be reversed on more than one or other grounds. Remember, no one is watching and all the right and left care about is a decision they like. They don't like religious plural marriage/polygyny. It's almost always one man with two or more women. It's not egalitarian. Both the left and the right agree on some version of couples only sexual relationships. Second, if someone comes forward, aggressively and uses this moment as a wedge opportunity, and goes to some place like Vermont or Washington DC and demands multiple marriage certificates/licenses at the same time, it might fan the flame of interest. Why those places? These are jurisdictions that have passed same sex marriage laws through their law making bodies. The idea of personal preference governing marriage practice is written into those laws and they are ripe for a test case.

Christians believing in Plural Marraige are largely Libertarian/Right Wing in their other views. They are hopeless idealists and look for all or nothing solutions.* Just as they won't vote for a McCain or a Romney, they will not be part of any incremental or interim solution that involves part of what they're looking for, and what they're demanding is a total exit on the part of all governments. That's not going to happen.

*Dr. Francis Schaeffer: "(I)f you insist on perfection or nothing, you will always have nothing."

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Final Comments on the UNT Article?

I should hope to shout, at least the UNT paper thought it was time to pull the plug.

Those of you who still follow this blog know you don't have to look far down the page to see the questions that Gregory J. Prickett (former "Peace Officer" and SGT. on the UNT Police force) won't dare answer. Again, if Greg is not "TxBluesMan" of Coram non Judice (blogger and wordpress) infamy, he would leap at the chance to answer the "yes or no" questions. I reposted them on the last page so the closure of the thread associated with the article shows them there. The efforts of the sycophantic dogs to cover them up with repeated nonsense posts thus fails.

It's a small point, and it's not. In the internet universe, people tend to read the last few comments. Those last few comments also tend to govern the resulting shallow opinion the reader takes away from the article. That is, if they read the comments.

This is a reality well known by the curious few multiple faced core posters at FLDS Texas who constantly traipse in and out of articles all over the internet, posting changes at Wikipedia.

They loudly proclaim not to understand the obvious. Equivocating always. Always burying whatever you said in your own voice with their supposed cacophony of voices which are doubtless much less in number than they appear to be.

They're always on the same page, always using the same arguments, always seeming to fail to see the same brutally obvious points, never making any concessions.

Except inadvertently.

K. Brister (who supposedly doesn't have a permanent job or phone but keeps up with insider details on this case) said:

"Whether or not Prickett is TxBluesman, you have slandered Prickett, and you filed a complaint against Prickett making allegations that are false and unfounded. What the hell difference does it make if he is TxBluesman or not?"

Because if he is TxBluesMan it follows directly that the bulk of my "allegations" are found to be true.

"You have falsely accused Prickett of extortion, stalking, stealing evidence, improperly using government equipment, and possessing child pornography. You have accused him of making comments on a website that he did not make. You have accused him of posting pictures that he did not post and naming your daughter which he did not do. You have attributed to him everything that happens on FLDS Texas website, including every comment that you don’t like."

As to extortion, well, that depends on if he posted what I said he posted, we'll get to that. Stalking, same deal.

Stealing evidence? I don't recall accusing him of that. I do think he had extraordinary access to information that someone else had to grant him. I think that's wrong.

Improperly using Government Equipment?

Brister.

That's the title of the article and that is what he was fired for: Blogging from work, which is in a broader sense, "improperly using Government Equipment."

Posting pictures of my daughter? He has a beef then with someone at FLDS Texas who used his "handle" at that site. Additionally the admin of that site said defiantly that they would not come down until the right people made the right requests through the right channels. I suppose Greg/Bluesman could make that request, couldn't he?

Child Pornography? Please talk to Bill Medvecky. I do not recall making such an accusation, though it's possible I may have referred to Bill making such an accusation.

"What you’re not grasping is that all of these things you’ve accused him of were not committed by TxBluesman either — they are false accusations, period. So it doesn’t matter whether Prickett is TxBluesman or not because the accusations are false and now you have tied them to Prickett. If you had kept your conspiratorial nose to yourself and just attacked the anonymous TxBluesman, there would be no cause of action for defamation even though your accusations are untrue. But since you have tied it to a real person, you’re in trouble."

Thanks for the admission that you know he's TxBluesMan. I'm quaking in my boots about the "Real Trouble" I am in.

"Quit demanding that Prickett answer your silly irrelevant questions. You’re not entitled. This is not your forum, this is not about you. His refusal to answer is not an indictment of anything and it is not indicative of any kind of admission and nothing can be inferred from his silence, no matter how you wish that were true. His refusal to engage with you simply shows that he is smarter than you and can control himself better than you."

I'm not sure I demanded, but if you want, I demand he answer them. It's a perfectly good word. You are demanding that I not demand. What "demands" do is make perfectly clear what someone's position or desire is. The demand is not thus granted. It's just very clear what someone wants. You want me to stop demanding, so you demanded that I stop.

Ok.

I hear you. Thanks for being clear.

I don't care if he can control himself or is smarter than I am.

"The answers to your questions don’t matter in any event, but you should have had the answers before you went and published your false accusations as fact and damaged a real person’s livelihood."

So sue me. Oh wait. He did.

His friend Natalie bounced her check on his court fees.

Smart man.

Controlled.

Yup.

How's that working out for him?

How come he knows Natalie?

CAJim posted 4 minutes later and said:

"Whether Prickett is or is not 'TexasBluesMan', 'BluesSonner' or 'PolygynyBuster' means little to me but,of course, I would know that before I brought a formal claim or repeated it on the internet with 'no proof' to back up my claim."

As has been often pointed out, you make accusations based on a preponderance of evidence. Talk to Ronald D. Hunter. Check my "accusations," they are qualified.

"I would think that an honest reporter and unbiased journalist would get his facts straight before he states them on the internet or reports on his own private actions as somehow newsworthy."

I am an honest reporter, but I am a blogger, which means I am a commenter, a satirist and a reporter. I'm my whole publication's staff. I wear all the hats. Trying to say I'm not being an honest reporter when I'm functioning as an opinion columnist or satirist is stupid.

"Did you have Rozita Swinton’s permission before you published her photos and later had to retract them?"

Didn't need to, she published them in the clear. I was unable to navigate Google's byzantine appeal system for getting them put back up and they're still out there, you just have to look around. Rozita is a player in this mess as well. She's a public figure and the rules are different.

"(S)uch high and might tones you struck in your complaint that your step-daughter was trepassed against, yet no apology or job loss when you published private photos from Rozita, who has never been charged with any 'hoax' calls here in Texas. Feeling just a tad hypocritical, Hugh?"

My daughter is not a public figure or player. You wanna try ME bucko and publish pictures of my relatives? I'd dare you to but I don't want you to. Just try it though and see how long you stay anonymous. That's called a "RHETORICAL REMARK."

Rozita not being charged only proves that Texas is corrupt.

You know, it might be fun to look into the "flock posting" habits of the pro Prickett commenters in that thread, as in, how close in terms of time do they post apart from one another? Or themselves as it were.

PS: TxBluesMan is feeling "Froggy" enough to post again.

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Tulsa Time

Appologies to Danny Flowers.

Danny wrote Tulsa Time, which is most popular in our memories as a song either by Don Williams or Eric Clapton. Danny was born in Henderson North Carolina. I was born in North Carolina. I was just in Henderson a few weeks ago. But I digress. I intend to digress more than one time in this post.

This is going to be one of those catch-all/catch-up messages, intended to let you know what's going on in life with me, and more or less why I haven't been blogging. Trucking, (I am now a Over the Road trucker) has not lived up to it's promise as far as free time to write and blog goes. Probably an experienced trucker would have told me this had I asked. I asked (it appears), the wrong experienced trucker.

First of all, on my absence of comment on the FLDS and Warren. Warren signed the 120. I thought he was winning. Maybe all Warren is trying to do is stay out of the General Population in a Texas Prison as long as he can. Warren Jeffs has been made into the moral equivalent of a Jeffrey Dahmer. Warren, the media narrative goes, consumes the virgin flesh of young girls to satisfy his sick sexual appetites. Jeffrey ate people.

Jeffrey Dahmer was a trophy kill in prison. I sadly think Warren may be lined up for the same fate. I think Texas knows this. Given that Warren may not survive in prison, it may not matter how long he spends there. He won't be freed on appeal and the railroad style trial that Judge Walther would give him puts him in the crosshairs long enough to die. Perhaps this is Warren's thinking. Maybe his defense team knows something we don't that is a game changer. I don't think so.

The FLDS no longer talk to me and what is in the media is all I know. I've peaked behind the curtain on two ends. Rozita Swinton and "TxBluesMan." It doesn't seem to interest them. I'd be vitally interested in the FBI communications network that seemed to exist before Rozita was "discovered." So far the FLDS have only paid lip service to interest in that topic.

TxBluesMan had extraordinary access, sometimes posting court documents before the Judge seemed to see them or approve them. I seem to know who TxBluesMan is. That's interesting. The FLDS again give lip service to being interested in the topic. That's all though. Proving any conspiracy leading up to the invasion of YFZ may well let all the FLDS men go overnight. They don't seem to care. I don't know why. Maybe they have looked. Maybe I had good couple of leads that didn't pan out. I don't know.

On to what's happening with me.

I continue to pursue several paths that seem at least theoretically open to me.

In short, I propose a business/religion empire based on family and a spine of trucking.

How romantic.

I've "proposed" that anyone interested could contact me and the starting position of the business would be staffing one truck with two wives/drivers and me. That would mean you would get ten days off in a row, away from the cranky old Pharisee, and ten days with him. If I'm too much to take, maybe I wouldn't be in tiny doses.

Those of you who think the current Mrs. Pharisee doesn't know of this proposal are wrong.

A number of things would have to work out for the above to be the path.

The end result would be part ownership in a diversified business that had trucking as part of the enterprise. Driving the rest of your life is not part of the idea. Driving part of your life away, would be.

Follow the above link for more details.

Another path is the formation of a denomination, which continues to be my interest. This continues to progress. It is agonizingly slow. People are in addition, just too stubborn to admit that the best way to do things is simply to agree with me.

Odd, isn't it?

Then there is the sort of Methodist/Presbyterian circuit riding polygynist preacher. I need people to pony up for that one. It's quite simple. Support the effort monetarily and I will use my far ranging truck driving profession to show up on occasion, preach, take your money and deliver the sacraments, which for a reformed venue is pretty much baptism and communion.

The last is the least complex. I can make free time as a solo trucker. I do range about the country from one end to another. If I derived an income as a preacher the truck is just my wandering taxicab. It also would serve the denominational goal but from a slightly different angle.

I haven't mentioned the other path.

That's giving up, closing up shop, declaring bankruptcy, and shouting "Bah, Humbug" into some anonymous box canyon and retiring from public view. That would be after beating my head against the wall now for more than 20 years and coming to the conclusion, as I rapidly am beginning to seriously entertain, that no one at all, cares.

So what about Tulsa Time?

It appears that Tulsa does have it's own time standards. It is laid back. No one works in this industrial park on weekends, well one merchant does. Several of the commercial buildings are empty. They remind me mysteriously of the abandoned ABM site east of Conrad Montana. Melting snow drips. It's accumulated in places you would expect people to clear out. The ABM site was like that.

I hoofed it for about a mile round about my delivery site which won't take my cargo until tomorrow morning. There were no laundromats. There were no bars. There were no churches. There was a church TV station. There was a 24 hour a day pawn shop that redeemed gold and silver. It was busy.

Eventually I went back to the "receiver" of my freight and looked again for an outlet to plug into for my laptop. There were none. I continued to be nervous about the fact that there was what appeared to be an abandoned "tractor" (the term for the "truck" portion of an eighteen wheeler, it had expired plates and hadn't moved for a while and was backed up to the "dock"). The whole dock area showed only marginal signs of use. The snow was cleared away from the dock which was comforting, but I saw no signs of life at all. No security (it is Tulsa though) and no noises. Finally I did get an angle on the roof cooling unit and could hear it running. I felt better.

I have been sent to wrong locations before. It now appears this was not one of them. It's just sleepy. Tulsa time you know.

So I'm sitting on a loading dock of an adjoining business that does have plugs, and lighting, and listening to the snow melt dripping. It was 70 when I got here, it's in the 50's now. The snow is melting quickly but there was a lot of it to melt in Tulsa. It's still melting. Water is running everywhere.

This brings me to the digression (in part) of another reason I haven't been blogging.

There is the issue of no one giving a rat's hiney. It's hard to keep banging on the door when no one is home. It bruises your hands.

There is the issue of depression.

This is a depressing job when you're not moving or sleeping. I don't like hanging out in a truck. It is turning out to be very hard for me to compose a thought, and then follow through with putting it into print when the overwhelming thought is "oh, never mind," because when the truck stops moving, and you're not making the dough, and you're not sleeping, it's really really REALLY depressing.

I got into this business to be with a friend and to set about the activity of forming a new denomination.

I am now alone.

I never go home.

I miss my wife.

I'm not making enough money to justify doing this as a solo driver. I keep putting the pencil to it and can't make it work.

I do have one or two ways to make "soloing" work better that I've been trying. We'll see.

I try to be honest about who I am and what my faults are. I try to set things in front of you all so that you know me as well as you can know anyone you haven't met, or may have only met briefly.

There are drawbacks. It's the issue of "Pearls before Swine."

"Give not that which is holy unto the dogs, neither cast ye your pearls before swine, lest they trample them under their feet, and turn again and rend you."

They do rend.

Most of what I encounter to my posts on both of my blogs now, is that rending.

Alone, I must tell you, it is extremely painful.

There are those that trample. They lie. They rend. They twist everything you say and yes, it hurts a great deal.

I don't mind saying so as I continue to try to be honest about who I am and what I am. Just saying the above will let me in for another round of jeering and ridicule. The only vague interest I have in that trampling and rending is what bizarre twist will my words be subjected to when I hear them read back to me, modified.

So I'm here in Tulsa. I may be here until Tuesday. Clock-wise, as a trucker, I have about four hours left to spend before Tuesday. I cannot go too many places in four hours. I certainly can't go on from that place to another. I may visit the local service center for my "tractor" and see if they can diagnose some odd things that are occurring with old blue. We'll see.

I think if I want to write, and to blog, I need to get out of the truck. It helps a lot.

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Thinking Toto and Oz, of Blues, Rozita and on Broadway

Toto Ruins the Show

Why have I always seemed to care about "TxBluesMan" and Rozita Swinton?

They represent a chance to "look behind the curtain" and see who is calling the shots. There is always a chance that there is nothing behind door number one, but to know that, you have to look, don't you?

A good deal of the close observers of the YFZ debacle two years ago have a hard time accepting the way Rozita has been treated, and only technically "investigated." Indeed, the "investigation" only seems to serve the purpose of shielding persons like FBI Special Agent Johnathan Wilson Broadway from testifying about any communication between San Angelo and the FBI's Colorado Springs office. As I have observed before, it's the equivalent of taking the fifth.

Also as I have observed before, why would you refuse to testify about the communication between Agent Smith (and Broadway?) if it was inconsequential or normal?

All of the behaviors of the prosecution and Law Enforcement agencies feeding the prosecution with evidence suggest there is some unspoken truth, and that this concealed reality is in some way embarrassing to the prosecution.

Embarrassing is putting it politely. So, we have the figurative curtain, and we have what is behind the curtain, and that's where Oz and Toto come in. I'm Toto. I want a look behind the curtain to see what's going on. All the behaviors of the prosecution and it's witnesses (see Arizona's suppression of the evidence) say something is going on.

I pursued Rozita Swinton until there was nothing (at least for now) to pursue. Why? If she could be made to testify fully regarding her reasons for calling, it might be revealed that someone "encouraged" her. That's a look behind the curtain. Who might have encouraged Rozita would be a good thing to know, provided such a person exists.

I pursued "TxBluesMan" who has seemed preternaturally connected and possessed of resources? Is he (she?) one of the people behind the curtain? Who is the Blues connected to, if Blues is connected? Again, this leads to insight, provided such people exist.

Now we have FBI Special Agent Johnathan Wilson Broadway, who served as an information clearing house for calls concerning Rozita Swinton who may have held and delayed important knowledge reaching certain people so as to facilitate the raid.

All kinds of speculations could be made about Agent Broadway. He's shown a penchant for marrying older women, and whereas most men who marry as the get older, marry women that are increasingly younger than they are, Agent Broadway seems to marry women increasingly OLDER than he is, having been married twice that I know of. No crime of course, but is he bent out of shape with the FLDS because there is an Alison Mosbeck in his past? Is this working itself out in some sort of Freudian manifestation by his choosing of older women for brides?

I could use a circumstantial link of behavior and suggest Blues and Broadway are alike because the close proximity of Broadway's two marriages. The closer the two marriages are, in terms of time, the more likely that personal relations between you and your second bride overlap personal relations between you and your first bride. Was the most human moment I have ever seen TxBluesMan have, his sensitivity and attempted extortion of me, regarding Marty Braemer, an indication that he carries personal guilt in that area and it hurts? Is this the same for Broadway? Does it suggest something more than simply being similar men? Does it suggest they are the same men?

All I am trying to do, is get behind the curtain. I don't care if I corner Rozita or Blues or Broadway. In fact, I don't care if Blues is Broadway. Right now, Agent Broadway is the best and most public bump showing in the curtain, and so I intend to pursue knowledge about him. If you have anything to tell, please contact this blog. You can do so in the form of a comment that you ask me NOT to publish. All comments on this blog are moderated so I would heed your wishes and not publish that comment, but I might use the information if it can be verified.

You can email me, hughmcbryde (at) gmail. This sort of plea for information, has worked in the past. It's the reason I know Rozita worked for Lt Maggie Santos, of the Colorado Springs Police Department.

At this point, I don't need protected victims to testify (Rozita), or skulking nobodies to come out of hiding (TxBluesMan), I simply need to know more about Special Agent Johnathan Wilson Broadway. "JW." John. John W. Johnathan W. He's in this up to his neck. Is he just in deep water or is he trying not to sink in quicksand?

He's lived in Texas, in Tarrant county, he's gotten married at least twice and divorced at least once in Texas. He moved to Douglas County Colorado. He worked as a special Agent for the FBI in the Denver area. The more I know about him, the more I can connect the dots and see if those connections are revealing.

Who is he? What school did he graduate from? Where was he born? Let me know.

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What we have here, is (a) failure to communicate (UPDATED)

Often, more often than not, if you're looking for someone or something intently, you can't see it because you're STANDING on it.

What we've got here is, failure to communicate:

From "The Truth Will Prevail" - "Although she had not phoned other agencies since March 29, Rozita went wild on the night of the raid and began placing numerous calls to crisis centers in B.C., Canada, and in Utah as well as to the National Child Abuse Hotline and the Arizona Child Abuse Hotline. There seems to have been little response to any of these calls with the exception of one placed to a safe house for girls in Mission, B.C. on April 3. The caller gave her name as 'Sarah Barlow,' claiming that she was the 'Sarah' who had sparked the YFZ raid and that she was being kept in an FLDS 'compound' in Bountiful, B.C. Jeanene Nelson, the woman who received the call, contacted the Seattle, Washington, FBI Field Office on April 9. Asked why she had not given the information to the Royal Canadian Mounted Police, she said that she had but they 'didn’t act like they were interested.' The Seattle Field Office phoned the San Antonio Division of the FBI to find anyone who might be interested in the information, which was finally communicated to Captain Caver and Ranger Long on April 11 by Special Agent John Broadway of the FBI San Angelo Resident Agency."

Your Modern Pharisee is a one armed Paper Hanger (or is that a one legged man in a butt kicking contest?) On occasion I get wonderful help from a couple of unnamed fellow travelers, but I can't count on it and it's often (far more often than not), uncoordinated.

Even my friends on the "inside" aren't always that helpful. I plead for information and usually don't get it. I dig in places that have already been mined out, I and others duplicate each others work. Agent Smith had said to me last year about his fellow agent, in Texas, calling him; "I'll recognize his name if I hear it." Then above little blurb gets published in "The Truth Will Prevail" a year later. I don't see Broadway's name, and we don't talk about it among ourselves.

I read the article, but as I do often, I'm skimming, looking for the familiar, and the bottom of the paragraph tidbit about Special Agent John W. Broadway? I missed it. That was four months ago. How long has Donald Richter known this? What we have here, is a "Failure to Communicate."

That little Strother Martinism could be said twice, (twice in Cool Hand Luke too), as that failure is at least foisted off on us by the FBI to possibly insulate Texas Rangers Brooks Long and Captain Caver from "knowing" about Rozita, until the raid was over. Supposedly Agent Broadway lets Long and Caver know on the 11th. The raid is officially put to bed on the 10th.

I've always said that if Long made any calls to CSPD on April 13th, he had to know something on the 11th (a Friday). These are Government employees people, and higher ranking ones. They don't work on weekends, unless they have to. If Long knew to call CSPD on Friday, then then FBI Special Agent John Broadway already had Rozita's name when he told him.

According to Donald Richter's article at "Truth," Jeanene Nelson called the Seattle field office of the FBI on the 9th. How convenient. Texas just finished removing all the children. The FBI moves in and does some poking around on the 10th, and THEN, and only then, we are to believe, John Broadway gives info to Long and Caver the next day, who sit on it until Sunday, and call. It would seem they are waiting to know who to call because first FBI Special Agent and Accountant John Broadway must find out who to call. Broadway-Smith-Mandel-Velasquez. Then you have to figure a note is passed back down the chain. Velasquez to Broadway, bare minimum. Long calls Mandel and/or Velasquez at CSPD. Voila! Long "finds out" about Rozita.

Only Special Agent Broadway probably knows already. How long did he know? Why does the Seattle Field Office call Special Agent John Broadway? From what I know, the man is an accountant, not a field agent. It is likely that Broadway knows this stuff when Seattle calls on the 9th. He's probably the clearing house for all things Rozita at this point.

All of this keeps pushing dates back, and now it pushes them back into the time frame where the raid was ongoing, and at least some of the children are still at the ranch. What does a sworn peace officer do in this case? Apparently sit on the info until the kids are safely stolen, bare minimum.

Again, I REPEAT, why does this clandestine back channel exist in the first place? We have cell phones and email and office phones and secretaries if we are in the FBI. WHY is there a POINT to POINT communication channel with RELAY RIDERS that hand carry notes out of sight of everyone?

WHEN was such a network set up? Building a pipeline takes time.

FBI Special Agent John Broadway seems to know Rozita's name on April 9th, 2008.

To use a pipeline to communicate (which MUST be built in advance) he must know that the pipeline goes to the right spot.

Unless some bizarre series of coincidences existed to have an "Old Boy" bathroom conversation network set up already (UPDATE: John Broadway has testified in a case with Denver connections), you have to build the channel because you already know you will need to use it. That means the channel is built no later than the 9th, and these things take time.

I don't know about you, but to me, unless these facts are just flat wrong, it's looking more and more like before ONE child was taken from the Ranch, the FBI already knew who Rozita Swinton was.

Another update, when researching Agent Broadway, it was discovered that he goes by "Johnathan W. Broadway" and "J W Broadway" as well as "Johnathan Broadway."

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Plead the 5th? Not when you can plead "Ongoing Investigation."

I am often proclaimed a "Tin Foil Hat" wearer by various skulking anonymous commentators out there in the ether. For instance, what ever became of that WILD story I told over the last year an a half (approximately) regarding Some Unknown FBI Agent in San Angelo Texas calling FBI Agent Steve A. Smith in Colorado Springs? I mean really, Agent Smith? I just fell asleep watching "The Matrix" and thought I called that guy.

Except there was some unreported testimony in Walther's court on Friday or Saturday. In fact very little has been said in the media about FBI Special Agent John Broadway testifying at all. But he was there. He was there and someone asked John Broadway a question. The question was, "Did the FBI in Texas/San Angelo call the FBI in Colorado Springs on or before April 13th, 2008?"

What was Agent Broadway's answer? Reportedly his expression changed, and he said he couldn't talk about it because it was the "subject of an ongoing investigation."

That's not exactly "The 5th," I know, but it's what creative law enforcement does when they don't want to answer an uncomfortable question. It beats "The 5th," because if you do have an ongoing investigation that you're dragging your feet on, purposely, you can always shut up when asked uncomfortable questions that might evoke "The 5th."

Why was the question uncomfortable? Because the arrest warrant of Rozita Swinton, and the accompanying affidavit justifying that warrant would have us believe that Texas Ranger Brooks Long called CSPD Lt. (then Sgt.) Sean Mandel, and that was the contact that led to "Oh yeah, we know whose phone number that is, it's Rozita's!"

Never mind the fact I've harped on before that you don't "discover" who owns a phone number by calling the police department whose jurisdiction might overlap that cell phone exchange. You call the FBI who looks up the phone number, you don't call CSPD. On top of that, there's no reason to think that CSPD would KNOW anything about a phone number, not attached to a name.

As we learned in early 2009, that's not what happened anyway. It was an unknown FBI Agent in Texas that called FBI Agent Steve A. Smith, who then called CSPD Sex Crimes Unit Sgt. Sean Mandel, who was on detached duty with an FBI task force. Sean Mandel went through great pains to tell me, that he wasn't in CSPD offices during that time. See above, "detached duty."

At any rate, it was Sean Mandel carrying a note from Agent Steve A. Smith to CSPD, and Hugh Velasquez that got the message from the Texas FBI to the Colorado Springs FBI. Apparently the message was "Hey, Brooks Long wants to talk to someone about this phone number."

As observed before, that means that someone in the communication chain already knows whose number it is. The discovery is not being made by calling CSPD, the discovery has been made, and CSPD is being called. It's supposed to look like Brooks Long got on the phone on Sunday, April 13th, 2008, called Sean Mandel at CSPD and Sean told him the number he had, was Rozita Swinton's.

Only that is NOT what happened, and I am the only one who has reported that fact.

Now, FBI Special Agent John Broadway says he can't talk about it.

He can't talk about it? Wouldn't he have said "why are you reading crackpot blogs?" He didn't though. That's because what I told you is true.

Think about this all over again. I know I've asked you to before.

Why is there a communication channel between Texas and Colorado Springs regarding the raid?

Item one. Such channels take a while to set up. It was not set up on April 13th, 2008, to make a call on that day. It had to have taken several days to set up, more likely, a week, maybe more.

Item two. Why did it exist at all? You have to KNOW there is some role being played by Colorado Springs in the raid, to set up a back channel off the record, time consuming method of communication.

Item three. Such channels are meant to be secret, to set up for us an appearance in public that is being arranged behind the scene. Such a channel for orchestration of events and secrecy.

Conclusion. Law Enforcement knew of the existence and role of Rozita Swinton much earlier than they told us. They tried to keep it secret that they knew until after the raid was over. They might have even known about her before the raid, and if they did, it virtually shouts that they either contracted for the call to be made, or knew at the outset it was fake.

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It's finally up (That Polygamy Show)

What was it? Two weeks ago?

Here's the link.

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"That Polygamy Show"

I just finished recording a "Podcast" with Scott and Steve of "That Polygamy Show" and as soon as they edit it, it will be up on their site, I imagine.

I tried to keep it to the hour, but things kept coming up, and eventually the show ran for about 90 minutes. The edited version sans the uh's and ah's may be a bit shorter. Look for it here as "Episode 4."

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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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Kaboom? "Mineola Swingers Club" conviction fuse starts burning...

This is something that Bill Medvecky has been following, and it looks like the Volcano is about to blow:

KYTX TV (CBS 19) - "The Mineola Swinger's Club convictions could be overturned. Jamie Pittman, Shauntel Mayo and Patrick Kelly were convicted of sexually exploiting children for profit. All three are serving life sentences for their role in the Mineola Swinger's Club."

The original story is doubtless somewhere else, but I thought I would treat you to a "treatment" similar to that of our FLDS friends, from the website People you'll see in Hell:

"Investigators discovered some pretty upsetting things that had happened, things that the children were able to reveal once their contact with the adults involved was eliminated and the kids realized that they wouldn’t have to suffer any longer. During the trial of 36-year-old Jamie Pittman, the first of the gang to be brought to trial, the full scope of what went on at the Mineola Swingers’ Club was revealed.

Jurors were treated to a two and a half hour videotaped interview with Texas Ranger Sergeant Phillip Kemp, the oldest victim and her then-7-year-old brother. Their new foster mother was also there to help the kids feel a bit more comfortable.

During the videotaped interview, the girl was very cooperative, drawing a diagram and describing the inside of the club that the Mineola Swingers’ Club occupied. She described how there were two guards standing inside the front door. She mentioned how 45-year-old 'Dennis' – who turned out to be Jamie Pittman’s older brother, Dennis Boyd Pittman – would sit at the front desk and collect money from people who came into the club to watch the movies of the children performing sexual acts."

But something is happening in Texas, that is nearly or completely unprecedented. One District Attorney has turned, on another.

"(The) Wood County District Attorney (has) faxed (70 pages of paperwork) directly to the appellate court. It's called an Amicus Brief. It essentially contradicts what the Smith County District Attorney's office is telling the court of appeals. 'I've never heard of an instance where one elected District Attorney directly contradicts what another elected district attorney is telling a court of appeals. I've never heard that happen,' concluded (Patrick Kelly's attorney Wes) Volberding."

Have you noticed something though, in one of the quotes above?

Who is in the middle of all this?

That would be Texas Ranger Philip Kemp, who now may be shown to have participated in some way, in yet another case of false testimony. He's in the chain of investigators that is "investigating......."

....Rozita Swinton.

I'm also going to say that Bill has been on this, all along. Nice unbiased picture of Patrick, don't you think?

This is a lot like the McMartin case.

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Rangers obtained records looking for Rozita?

According to Texas Ranger Don Williams; "I thought it was very possible someone might be in that vault."

This is interesting. Texas Rangers busted into the FLDS Church Vault looking for a PERSON. Hadn't we discussed this two years ago? What "hat" was being worn by Texas Rangers?

The San Angelo Standard-Times - " 'Would you say the men and women were distrustful?' (Defense Attorney Brandon) Hudson said.

Williams said they were.

Williams said the locksmith took hours to open the vault door.

Hudson pointed out the damage done to the framing around the side of the vault.

'Were there attempts to enter without having to break the locks?' Wes Mau, one of the prosecuting attorneys, asked.

'Yes sir,' Williams said, and he said the residents were not cooperative with opening the safe. 'I thought it was very possible someone might be in that vault.' "

Back to the Standard-Times, April 10th, 2008:

"In one exchange, (Judge Barbara) Walther questioned (Gerry) Goldstein on why he claimed Lyle Jeffs had standing to challenge the search warrant based on the removal of his two children.

'The removal of the children had nothing to do with the search warrant,' Walther said. 'That's a civil matter.'

'I'm not sure they knew what hat they were wearing' when officials removed the children, Goldstein replied."

I'd say at this point they didn't know. Later, when sorting out details in the aftermath, it seems clear that Rangers retroactively threw a hat into the narrative, based on what it was they'd need, to cover their actions. In the case of the Vault, they're not in a residence looking for anyone, they're in the temple. These records are obtained looking for "Sarah," who we now know to be Rozita Swinton. Not that Texas dares ever ask that question, of Rozita.

Something tells me this might be important. If Law Enforcement was treating the ranch as "one residence," clearly the temple is not a "residence" and clearly a "gun safe" or cabinet inside a vault inside a church is not a home. At what point to you stop looking? Can I go into the White House looking for a murder suspect in Washington DC and come out with evidence of the "Cornhusker Kickback?" Can you go into a church on a warrant based on a residence? Can you go in their vault because someone might be in there? Do you open shoeboxes looking for body parts? Ranger Williams says he goes into the vault looking for a person, but that's not what they come out with. It seems rather clear that Rangers wanted anything belonging to any member of the FLDS or the church, so that they could audit them for evidence of crimes. Is this the case Brandon Hudson is building?

"Hudson noted that the person they were searching for was never found, and the call that led to the April 2008 raid on the ranch was determined to be a hoax call from a woman who claimed to have been abused and living on the ranch."

The "hoax" call remark seems to have gone unchallenged by the defense. I'm sure the prosecution had to let that stand, since if they did not, the issue of it being a hoax could have spilled out into open court. So it's official. Texas regards the call as a hoax.

"Another Texas Ranger, Jesse Valdez, testified about having entered a vault in another building called the temple annex.

A picture showed the jury an open vault door with a small hole less than three feet wide breaching a concrete wall several inches thick.

'I removed all my outer clothing and entered with a flash light and a pistol, unsure of what I would encounter,' Valdez said.

Inside the vault, law enforcement personnel found many cabinets full of boxes of personal and church records."

What did this "Drama Queen" expect to find in a vault? Why didn't he wait? Was there a sense of "urgency" that perhaps at any moment the search might be called off and they didn't have all their "loot" yet? What does he expect to find in the dark that he needs a pistol for? I don't know about you, but if I was planning to used deadly force against a Ranger entering a vault with no clothes, a flashlight leading the way and a pistol, the pistol isn't going to do him any good.

If I were the Ranger, and I thought I might NEED the pistol once inside the valut, I'm not going in that way. It's a death sentence. I might pump some tear gas in there first, but no way I'm crawling headfirst with a pistol and a flashlight into a dark hole, particularly when there's only one way out.

To this day I do not know why the FLDS don't call Rozita as a witness.

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Delay, Delay, Delay Machine back up and Running for Rozita?

According to Douglas County, whose computers have been down most of the afternoon;

Rozita's case was "vacated" for tomorrow. The individual answering the phone could not tell me if that meant her case was dismissed, or if the probation revocation hearing had been reset for another time.

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Douglas County says no, "Charges against Rozita have not been dropped."

There is a revocation hearing set for January 27th, 2010.

Douglas County - "Charges against Ms. Swinton in Douglas County were not dropped and there is a pending Probation Revocation hearing set for January 27."

I have a tendency not to like David Foley, as he is on the "other side," but that's superficial. He grand stands a bit, but he hasn't been wrong yet. The money says whatever Douglas County does, will be inconsequential. You have to figure if they just let it slide, not giving Rozita any jail time, it becomes someone else's problem, namely, El Paso county. The time is set for 1:30 pm.

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Douglas County Drops charges against Rozita

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

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

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

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

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

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

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

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

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

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

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

And she is to stay in Colorado:

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

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

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

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

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

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

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

This interesting little tidbit is also included:

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

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

The Salt Lake Tribune added this detail:

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

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

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

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

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

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

This is also being reported by KRDO:

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

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

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

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

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

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

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

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

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

The Associated Press had this take on the story:

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

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

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

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

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

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

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

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Called Off (UPDATED) Rescheduled for FRIDAY (the 15th and then back to today)

She plead guilty. no word on if it was just another delay, plea deal or outright dismissal.

Up until yesterday afternoon, El Paso county was saying the trial would be today at 9am MST (one hour from the time of this posting).
CallOffs for Wednesday January 13, 2010

CaseNumber	AppearanceDate	DefLastName	DefFirstName	Division
C021 2009M 007121	1/13/2010	Donovan	William	B
C021 2009M 007122	1/13/2010	Donovan	William	B
C021 2007T 014782	1/13/2010	Hill	Jeremy	B
C021 2009T 010055	1/13/2010	Hill	Jeremey	B
C021 2009M 005177	1/13/2010	Hill	Jermey	B
C021 2009M 005956	1/13/2010	Medina	Loretta	B
C021 2009M 003671	1/13/2010	Waller	Travis	B
C021 2008M 002726	1/13/2010	Swinton	Rozita	C

Sometime late yesterday or yesterday evening, the "Call off" appeared on the El Paso county "Call Off" list for January 13th. At the moment of this posting, that would be a "tomorrow" list, though that will change to "today" sometime later this morning.

You have to remember, she was caught, by the POLICE, RED HANDED. The documents in that trial, of this "friend of CSPD" were sealed then.

UPDATE - See above, she plead guilty. All blog reports were accurate representations of what was from the El Paso county website, and also confirmed by phone calls. It appears Frederick Stein and David Foley colluded a bit to throw off potential spectators and media coverage.

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It's a MIRACLE!! Rozita's "Pre Trial" conference actually TOOK PLACE, Trial Tomorrow

According to El Paso County, Rozita's court dates are now actually taking place.

Trial is set for tomorrow. A warning to anyone who is trying to attend that trial. The Judge is Daniel Scott Wilson, write that down. The courtroom is "Room C." I am told there is construction going on over there and they may move the trial to another room. If you're planning to attend, show early, ask questions, have the judge's name.

Representing the State (last time I checked) is Deputy District Attorney Frederick Stein. Representing Ms. Swinton, "Exclusively CRIMINAL" Defense attorney David Foley.

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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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If you were thinking of showing up at Rozita's pre-trial conference tomorrow, don't.

At the last minute it has been moved from 9am tomorrow:

Frederick Stein/El Paso County District Attorney's office - "The pre-trial readiness date has been moved to Jan 11th at 9:00 am at the request of the defense and the prosecution. The trial date on Jan 13th remains the same." 4:14 MST.

I really don't think they want anyone showing up. Who knows, maybe they'll move it back now, at the last second. It's not on the "Call off" list for El Paso county and wasn't the last time either.

Once again, there is every evidence to suggest this is the oldest misdemeanor case in El Paso County that is being actively pursued. This means it's also approaching the record for "most delayed" as well.

There's only one question in both instances really.

Why?

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