It's worth watching because he makes occasional sense, including stating that there were procedural errors and we can't disobey the law to bring someone to justice. For that Terry Goddard gets high marks. He's "disappointed" but it's clear Terry knew the conviction was sorta out there.
The interviewer is clearly "Anti," and AG Goddard is no friend, but he's honest in the respect that he seems to see the Utah Supreme Court Decision as justified.
If I had a transcript, I'd fisk it. I'll try to hunt one up. You'll notice if you watch, the usual myths crop up. Terry does say it's "not about Warren Jeffs." Well, I hope not. It should be about the Law.
Dear FLDS: When you get pictures like this, you're losing.
This is my take on it.
And I'm going to be overbroad, and probably get some of this wrong.
I'm going to combine this picture with a statement I found at another blog, paraphrased:
"Skilled professionals and mental health workers and mediators should be sent in to calm things down before more violence breaks out."
Essentially your enemies have been maneuverering to get pictures of trauma and distress in the media with you (the FLDS) as the villians, and they've done it.
This is "Then," the picture on the left, is "Now."
Two men on one woman in broad daylight.
Freeze Frame.
It doesn't matter what happened. She could have just hit one of the officers two seconds ago. She could have said I'm going to go get a gun from inside and shoot you. It could be just as it appears to be, excessive force applied to an outnumbered and physically inferior opponent.
On the one hand you have our first image where except for the Law Enforcement trappings, it could be a rape/abduction in broad daylight. On the other hand, in the next picture from two years ago we have big threatening law enforcement types herding women and children like cattle into an unseen place, like Auschwitz.
With the picture on the lower right burned into the minds of the public, the FLDS was winning. With the picture on the above left, they're not.
You need only to watch the two Bush Presidents rise to insane levels of popularity and plunge to equally insane levels of disapproval inside of the same time frame to know you can easily lose a battle that you had won. The battle for hearts and minds.
America builds up, to tear down again. They enjoy watching and doing both.
Back to the above quote (paraphrased). Now we have the "FLDS Goons" imagery and the mild volunteering meek mental health professionals need to go in and calm things down. Seek peace from compromise on "both sides." There will be jack booted thuggery involved, but this time the image of such oppression will be firmly fixed on the residents who are oppressing poor minority women (minority beliefs that is).
We'll have a duplication of YFZ with "Mental Health Workers" crawling all over the place, taking notes, documenting things they weren't supposedly there to document and trying to find crimes. All over again.
This will come with the "disincorporation" attempt on the Twin Cities. Don't be surprised if Federal Officers move in and close down city offices, confiscate everything (like the volunteer fire department raid) and you suddenly find yourself being policed by State Troopers of Utah and Arizona.
The subtleties of the UEP will be lost on the general public. It won't matter that the FLDS Church basically owned Hildale and Colorado City in completely legal fashion. It won't matter that they were essentially a sort of permanent ongoing church camp, where if you played by church rules, you got to stay, and if you didn't you'd have to go.
If the UEP was illegal, and the form of land ownership and sharing at the Creek were essentially illegal, that would have been addressed long ago, and the UEP trust would have been broken up. It's not illegal, so it had to be taken over, for the purposes of creating artificial confrontations. Bruce Wisan moves people into the "Church Camp" and has them continue their "misbehavior." The Judge involved states that land leases have the force of a "Court Order." Suddenly where there was relative peace and harmony, there is now conflict. Outright defiance of the Law.
Local police are corrupt (it doesn't matter if this is true or not, or why, see the first picture). They're beating up on helpless women. This is intolerable. We need a solution (goes the drumbeat).
YFZ.
All over again.
This time with the desired effect.
The FLDS as big mean bad guys raping young girls in basements. That, or something that can be made to appear heinous. The FBI and their functionaries learn from their mistakes. They learned from the Short Creek Raid over 50 years ago. They learned from YFZ two years ago. They're ready to try again.
Personally, I think it has a good chance of working.
Armed with the relentless marching convictions of FLDS men in Texas who have Sexually Assaulted Children and with new images of brutality, this time they'll do it right. It'll be wrong of course, but every "i" will have a dot, and every "t" will be crossed. You might even look at the Firehouse raid as practice. They probably gathered enough evidence there, to justify further action. Remember that evidence for arrests and raids need not be conclusive, just enough to raise suspicion.
This time they'll take everything.
UPDATE, I have the "Full Video," which is part of what clearly looks like a set up to me. It's not much of a kick, but the woman does kick at the officer before she's taken down.
It's childish really, instead of going, she resists, and climbs up on the roof of the truck. Frankly, they should have been harder on her to protect her safety, because swinging her around by the arm can dislocate it, and I think the officers were trying to use minimal force. In this case, a little more would have probably been better but the officers were dealing with an interfering officer. Mike Watkiss fans the flames by using the word "Bloodshed."
Of course he is a neutral party, not wasting money, and completely and only concerned with protecting the "beneficiaries of the Trust."
Matt Smith may be circumspect, but Bruce is effusive about the Tuesday raid:
KTVX-TV - "The other investigation was spurred by discoveries made by Bruce Wisan, an accountant appointed by a Utah judge to oversee the trust that owns just about all the land in the twin towns. Curious why the Twin City Water Works was not paying for trust for water, Wisan asked for an accounting. When Joseph Allred, the man who apparently runs Water Works refused, Wisan went to the judge. 'We subpoenaed the bank records,' said Wisan.
What he got stacks of checks from that subpoena. The checks represented payments made over a seven year period by Twin City Water Works - 4.3-million dollars in payments by a non-profit company that only wholesales water and maintains a few wells.
Wisan said many of the payments were to various construction companies and suppliers of construction materials. One example: $53,434 paid to David Richter for cabinets. Wisan asks, 'What are all of these construction expenses?' A good question since we could not even find an office for the company.
Wisan said, 'We think at least 50% of the money was spent on personal expenses.' As evidence, he point to a 2006 letter written by Allred to FLDS leader Warren Jeffs. Allred wrote, 'I am seeking counsel on whether or not to continue paying some home bills from the company funds.'
Allred does have a large home. A source tells ABC 4 Allred is living and working out of the compound on Utah Avenue in Hildale that was once home to former FLDS prophet Rulon Jeffs.
Allred was also apparently charitable with Water Works money. He gave $145,103 to the FLDS Bishop's Storehouse. $32,000 was specifically identified as 'donations and contributions.' Wisan concluded, 'In my opinion as a CPA, this is just a slush fund for FLDS leadership.'
If that's the case, then the next raid target Allred and not the fire department."
Except the Affidavit for the Warrants, doesn't read like that. At least not for that amount of money, or those exact expenses. It's more of a computer database grab.
It would appear ABC 4 went to Wisan, the all knowing, to find out "what happened." Maybe they should just let him anchor the news.
My first observation would be, Mohave County doesn't have a lot to do, this is only the 20th search warrant in that county this year. The rest are as follows:
Though I have often observed that Matt Smith is serving as a Tool for Texas, Matt Smith is also no fool nor does he seem to be fundamentally dishonest. Right away Matt attends to good police work by taking great care to be specific as to what persons, places, devices and vehicles he is looking for, plans to search, and why. There was a long run up to this investigation, dating back to January of 2008, before YFZ and involving records stretching back to 2004. If you contrast what Smith does, to what Walther did at YFZ, she and her cohorts do indeed look like Keystone Cops led by Barney Fife.
I am of course, no lawyer, but it looks like probable cause is well established, particularly if IPODS and underwear cannot be shown to be a legitimate purchase for the fire districts. It may be that later, a legitimate cause is found. A good deal of the "evidence" that Mohave County has will probably be explained away, but it looks like he has something.
Time may also show that funds were used and replaced in an ethical but procedurally improper way, in which case no crime of any consequence was committed and what crimes did occur, may be beyond prosecution. I'm still going to say Matt HAD probable cause.*
On the other hand though, there is the probably unknowable cause of Matt's motive. Having served as a Tool for Texas before, Matt is probably answering the call of handlers yet once again, and if he were asked directly, Matt would most likely play dumb. It's safe to say without smoking gun evidence that Matt sat down in conspiratorial fashion and picked out this particular group of people for tighty whitey investigations, the warrant will stand. Matt probably could investigate every county office for similar offenses and strike oil. Since he started investigating before YFZ, you can't say he saw YFZ evidence and looked here as a result.
Matt, if he is looking for something connected to Warren's prosecution, ultimately, has picked up an investigation thread, that is clean. Maybe not as to his unknowable personal motive, but clean as to all exterior appearances. At least, that's the way it looks now.
I would expect a good attorney to howl nonetheless that YFZ (blah, blah, blah) had something to do with this raid, because if the connection can be made, maybe this warrant goes out with the bathwater too. Worth a shot. It's a really long one though.
Here's the really relevant section of the Warrant:
"It is necessary to use the appropriate software to 'open' and view the contents of each file; the file name in the directory is not a reliable indicator of the nature of its contents, especially where there may be a desire on the user's part to conceal certain records."
Or; "I'm going to look at every speck of data contained on every device."
"It is likely that any digital device seized will contain data of a non-evidentiary value belonging to both the target and third parties. This review of this non-evidentiary data will be minimized to the extent that it falls within the scope of the warrant."
Or; "I'll try not to look at stuff I wasn't looking for, according to the warrant, I promise. We both know it's going to be there though, you know, the stuff I don't know anything about, that I'd like to see, that I'm 'not looking for.' "
"Specialized computer forensic software will be utilized to narrow the files and remnants of files by employing the use of search terms and other filters to comply with the scope of the warrant. Only those files or remnants of files that appear to fall within the scope of teh warrant will be provided to the case agent for further review. In computer forensics, hashing is a way to represent a piece of digital data (i.e. a file, a folder, a logical volume, a physical volume) with a unique numerical value by applying a mathematical algorithm to the data. When applied, a hash will generate a mathematical representation to a fingerprint. Two files with exactly the same bit patterns should hash to the same value using the same hashing algorithm. Hashing tools can be utilized to help exclude non-evidentiary items such as operation system files. There will be no use of hashing tools to search for known contraband such as child pornography without specific authorization by the court by probable cause. Should evidence of other crimes be discovered in 'plain view' while conducing a lawful search of the data, further search authorization will be sought from the court."
Or; "If there is a file I'm 'not looking for' in this warrant, I won't use it's unique characteristics that I already know, to go see if it's there, and then stumble upon it 'accidentally' and say 'Aha!' For instance, if there is a picture of Merriane Jessop on the computer, like the one at YFZ, it has a "fingerprint" and I (ahem) 'won't be looking for that." Similarly, if there is a known picture of a Playboy Playmate, I won't be looking for that either. I'll just have to have a reason to look at it, and then, well, look at it."
"There is no need for the extra expense of a 'wall' and 'review team' or 'filter team' in this matter as there is no known spouse, attorney, clergy, or physician privileged materials of the target or third parties expected to be located. In the event that such materials are located, they will be segregated and not viewed by the investigators. Therefore, it is appropriate for computer forensic examiners from the Attorney General's office and/or the DPS Computer Forensics Lab at which they are assigned to forensically process these digital devices."
Or; "I don't plan to have anyone looking over my shoulder either, the rationale is that it's 'too expensive,' and I am of course, trustworthy. You can trust me. Really. The reason you know I won't be looking at the data for stuff 'I don't "know" about' is because you can trust me. Really. I'm not on a (cough) 'fishing expedition.' TRUST ME!"
"At present, your Affiant has no intention of reading any electronic mail other than that of email pertaining to the specific violations listed in this affidavit. In the course of the continuing investigation, if it appears that there is probable cause to believe that the electronic mail of the targe or of other persons may contain evidence of other offenses; further application will be made ot this court."
Or; "Really and truly we all know I'm going to scour these files for every little thing I know about, suspect or don't 'officially know about.'
If I find something I'm looking for that 'I'm not looking for,' you'll be the first to know because I'll go to court, and tell them I found it, and apply to use it."
I'd advise the FLDS to do whatever they can to stop the examination of the evidence, and apply to have their own investigators present while the data is being looked at. That way it won't cost the state that inconvenient extra expense. We all know times are tough.
The reality may be that Matt just wanted into "Jake" Barlow and David Darger's houses. The rest is just for show. Anything found in the course of the "primary" investigation may just be a bonus.
The normally quiet St. George Spectrum has the story:
The Spectrum - " 'We don’t know the reasoning behind it,' said Hildale Mayor David Zitting. 'Yes, there’s been search warrants for fire stations in both communities. It’s centered on the fire department, coming from Arizona. The Washington County (Utah) Sheriff’s department is assisting, but it’s an Arizona action.'
Zitting said the two communities signed an interlocal agreement, combining funds from the Hildale city budget and Colorado City Fire Special Service District to provide protection for the region.
He said he’s unsure how much is in the Colorado City budget, but estimates the Hildale Fire Department budget at about $200,000.
'It’s passed every year, audited by independent auditors, so I don’t know where the budget can be a concern,' Zitting said."
Zitting seems to be waking up to something. It's not that he's clueless, it's more that he is (or was) trusting:
"There has also been impetus from the attorneys general of Utah and Arizona to have the two cities disincorporated.
'It has a tremendous impact,' Zitting said of the presence of approximately 50 law enforcement officers in the twin cities. 'What can you do but try to carry on? Of course, it has impact on the public perspective for one thing and there seems to be no end to them (law enforcement) trying to find another way to come after the cities.'
'It began with people who lived in the cities and became disenchanted. It escalated after that. We just try to carry on from day to day. We don’t know what’s coming from one day to the next, but it’s not something I fret over or that we make a big issue in our mind.'
Zitting is still incredulous about the attempt to disincorporate the twin cities.
'It’s just one issue after another,' he said. 'The thing that really amazes me is if they can invent a way to force disincorporation of a public entity in America, something's wrong with that.' "
To mark the second anniversary of the taking of the children?
Law enforcement in Short Creek are getting in their licks:
"Residents told The Salt Lake Tribune that an unspecified number of officers were at the Colorado City Fire Department and at the Hildale Town offices. The twin towns are home to members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, which has been under intense government scrutiny since 2002.
A spokesman for the Mohave County Sheriff's Office confirmed that there were 'a few' officers in the community 'conducting some type of business.'
Molly Edwards, spokeswoman for the Arizona Attorney General's Office, said that she could not comment because the state was involved in an 'ongoing investigation.' "
A member of the community "tipped" me, it is confirmed by Brooke Adams.
UPDATE:
"Mohave County Attorney Matt Smith did not immediately return a telephone call seeking comment, and a secretary said it was unlikely he would talk about the investigation."
Is Matt Smith on a fishing expedition just like two years ago in Texas, but on a smaller scale? One speculative purpose for the raids would be gaining more documents to find another basis for "knowing" certain things he wants to "know" in the case of Warren Jeffs in Arizona.
Matt has been cut off from a lot of evidence he previously had. I wonder if these raids would ultimately be proved to be fruit of that "poison tree?" The YFZ evidence in Arizona IS such fruit, at this time.
Matt's problem now on all fronts is anything he collects in any way shape or form, his opposition will howl that he only knew about this or that because he peeked at ranch evidence. I know if I were representing any client being searched right now, I would already be howling.
(UPDATE 2) If it's not a fishing expedition (see above), it looks that way to local residents:
"Glen Jeffs, also a volunteer firefighter, said authorities were 'on a fishing trip looking for something.'
Attorneys general in Utah and Arizona backed a court takeover of the community's United Effort Plan Trust in 2005. The trust holds virtually all property in the two towns."
Clearly, the law is regarded as lawless.
If you want to be amused, the "Homepage Mascot Blog" of the Houston Public Library can be counted on to miss whatever qualification you make to your remarks.
(Pssst, boys and girls, if you want to be # 1 on the internet, sneak into the library at night, and set all the terminals to YOUR WEB PAGE as HOME PAGE.)
Question, how can a blog which does nothing but kvetch about the FLDS (and me) be that big?
It's not enough for the FLDS to pay, they must pay acknowledging that Bruce Wisan is Goddess Almighty.
Hildale, AZ - "The Fundamentalist LDS Church paid a $192,600 bill to the Utah Attorney General's Office, but said it was doing so under protest.
Because of that, the accountant appointed by the courts to oversee the polygamous sect's real-estate holdings arm refused to accept it.
'My attorneys would not accept it under protest,' Bruce Wisan, the court-appointed special fiduciary of the United Effort Plan (UEP) Trust told KSL NewsRadio late Monday. 'That's a legal term I think it has to do with the right of them to go back and make a claim against the funds.'
The southern Utah-based polygamous sect said it paid the bill after a judge in Salt Lake City's 3rd District Court ordered it to or she would lift the stay on massive litigation over the UEP Trust."
The words that come to mind regarding Ms. Wisan? "Whining Attention Whore."
On another note, it appears that Ben Winslow whose byline appears on this story, has jumped from the Deseret News, to KSL. There is more coverage at the Salt Lake Tribune.
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