New "Texas Monthly" FLDS Article (The "Sex Bed" is baaaaack...)

I've read through it. The article is incomplete and somewhat one sided. You might want to as well.

"Less apparent in the tranquil setting was a powerful undercurrent of joy: Merrianne Jessop had arrived the night before. There was no 'Welcome Home' banner, no party; such theatrics would have been out of character for these humble, quiet people. But the feeling was there all the same. 'Right now there seems to be a little bit of relief in the air,' said Willie Jessop, the unofficial FLDS spokesman (Jessop is a common surname in the FLDS), as he drove me around the 1,700-acre spread outside Eldorado. Merrianne, a spunky fifteen-year-old with red hair, was happy to be back with her family on the ranch. She was quick to joke, rolling her eyes every now and then for laughs, tossing her head as a light West Texas breeze ruffled her lavender prairie-style dress.

The past year had been an ordeal. In the spring of 2008, the ranch was raided, and the Texas Department of Family and Protective Services had removed 437 children, including Merrianne, after a local domestic abuse hotline received a call from someone claiming to be a sixteen-year-old FLDS member. The caller’s report of underage marriage and sexual abuse triggered a massive investigation that led to an epic child custody battle, the largest in U.S. history. The Third Court of Appeals ruled that the removal of the children had been unwarranted, and a chastened DFPS returned the kids to the ranch, though the department continued to investigate the cases. Merrianne’s was the last to be settled.

Her mother, Barbara Jessop, and her new court-appointed guardian, Naomi Carlisle, who is also an FLDS member, seemed giddy as they looked at her. All three of them were confident that the Lord was on their side and that the state had had no right to intervene, never mind the mountains of evidence obtained during the investigation, some of which plainly showed that the FLDS had married young teenage girls to much older men. Never mind that the church’s prophet, Warren Steed Jeffs, was himself in prison for being an accomplice to the rape of a fourteen-year-old. Never mind that criminal charges, including sexual assault and bigamy, were still being brought against twelve men from the ranch. When asked about the upcoming trials, which start on October 26, Merrianne shrugged. 'The truth will prevail,' she said."

The Texas Monthly. There is this interesting allegation, for which I can find no basis in real evidence:

"A document that (Charles) Childress had not seen but was obtained by TEXAS MONTHLY appears to be instructions for the construction of a similar bed. It describes a bed 'covered with a sheet, but it will have a plastic cover to protect the mattress from what will happen on it.' It also described 'padded sides that can be pulled up that will hold me in place as the Lord does His work with me.' What in the world was going on here?"

I have never heard this allegation before, and if this document was found with the bed, why was it not entered into evidence? There is a serious matter implied here, and the even more serious question of why would evidence "obtained" by the Texas Monthly NOT be in the possession of the state?

There is this indictment of Governor Rick Perry:

"Childress wasn’t terribly impressed with the state leadership’s understanding of the situation. 'Going up to the governor, none of them had any idea what was going on,' he says. 'They had no clue.' As he worked through the cases, he says, all the department saw was numbers. ' "The department is losing two hundred some-odd cases!" That’s what was all in the news,' he says. Nonsuits were not 'losses,' a subtlety overlooked in most accounts. Having formed a clearer picture of family structures by way of DNA testing, the DFPS was identifying the individual circumstances of each family and coming up with specific tasks that needed to be done, such as psychological evaluations or parenting classes. By mid-September (last year), more than 250 children’s cases had been nonsuited."

The article seems to be written from the point of view of Mr. Childress. Charles also seems to reflect the attitude I have ascribed to Barbara Walther, and all those on the prosecution side of the issue. Just get this in front of a "West Texas Jury."

"As the months wore on, Childress went down to Austin to attend several meetings and explain his approach. One meeting included Albert Hawkins, the Health and Human Services commissioner; one included representatives from the attorney general’s and governor’s offices. Childress said he wanted to take some cases to trial. 'They’d ask, "Well, can you guarantee us it will win?" "No, there’s no such thing as a guarantee in a jury trial," I said, "but I’m pretty doggone certain that a West Texas jury hearing what all these people have been doing the last ten years is gonna be real reluctant to send these kids back to be raised by Warren Jeffs," ' Childress says. 'I didn’t get any feedback . . . I think they just frankly lacked the courage.'

And so, on October 23, Childress quit."

The article never touches on the evidence challenge. If it's lost, all the evidence Childress worries about is irrelevant from a legal standpoint and he has no cases. It sounds like Rick Perry seems to know that.

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Well that's a relief! Governor Perry Vetoes SB 1440

So the long dark night, doesn't start tonight.

Texas Legislative Update AUSTIN, Texas – We have just received word that Gov. Perry has vetoed SB 1440, which would have allowed Child Protective Services expansive new power to search and seize children and their medical records without consent or notice to parents, without a court hearing, and without “good cause”, in direct violation of a recent federal court of appeals decision.

“We applaud Gov. Perry for standing for parental rights, and sending the message that our Constitutional rights cannot be cast aside by unverified, uncorroborated anonymous tips.” said Jonathan Saenz, director of legislative affairs and constitutional attorney at Free Market Foundation (FMF).

I did not weigh in on the bill, since I do not live in Texas, but it stank.

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Childress Sworn to Secrecy? CPS Resignation REEKS of internal warfare.

The evidence becomes overwhelming for a clear and sharp dispute behind the scenes leading up to the Charles Childress resignation. A more detailed article appeared today in the San Angelo Standard-Times:

"I cannot say a word about it," Childress said when reached at his Austin home Friday. "There is nothing I can say that wouldn't be out of line."

Wowsers. This sounds like it really got heated. Nothing he could say? Not even "This is best for me and my family" like Gary Banks said? "I think I'll go back to teaching?" Nope. There's NOTHING he could say that wouldn't be out of line. This more clearly seems to be the emotional residue of a forced resignation. Normally when someone says things like that one of two things are true, or both. Childress is still so angry over the affair that he can't trust himself to speak of it for fear of losing his composure and/or the dispute would be so damaging to one or both of the parties in the dispute that an agreement was signed not to speak of it.

"Banks, who sent the letter Sept. 5 and left the agency early this month, could not be reached for comment Friday."

Yeah right, "No comment."

"The attorneys join a growing list of officials associated with the April raid who have since left their jobs. Cary Cockerell, commissioner of the Texas Department of Family and Protective Services - of which CPS is a part - retired Aug. 31 for personal reasons, while Texas Ranger Lt. Barry Caver, who commanded the April raid, left law enforcement in June to pursue a better-paying oil-industry job.

None of the officials has cited the FLDS case as a reason for leaving. In Cockerell's case, CPS officials said specifically the case was not a factor in his decision.

Childress, a former University of Texas law professor who worked for CPS in the late 1990s, was brought back to help coordinate the massive case, which involved 439 children and 26 adults initially believed to be children."

Folks, this is war. This is an agency lurching out of control without direction. If you have any doubts, read on.

"The loss of essentially the two lead attorneys in the case likely will bring another CPS lawyer to the fore - perhaps Jeff Schmidt, who has represented CPS during some hearings.

'There is a group of attorneys out there' at CPS' San Angelo offices, said agency spokesman Patrick Crimmins. 'He (Childress) was just acting as lead attorney. We're just trying to figure out their roles and responsibilities.' "

CPS doesn't know WHO is going to take over. By the way, who would want the job? It's a greased rail to unemployment and disgrace. This wasn't planned IMHO. Someone threatened Childress without knowing how he'd respond and he quit or some issue came to light that someone had to take the blame for and Childress got the nod. Something happened that scattered the pieces on the chess board and they're in full scramble mode.

Once again, a rule of politics is that you don't make your constituency (your co workers in a bureaucracy) LOOK bad. This LOOKS bad, so it IS BAD. You don't DO it unless something profound happens because it looks that way and everyone will think it is for some earth shattering reason. Planned resignations take place with the outgoing head giving plenty of time and citing "good reasons" and praising their peers. Tom Brady doesn't quit the Patriots during the introduction of the starting line up in the Super Bowl. It's DESTRUCTIVE. It's not what a career "team player" does. Bureaucrats are CONSUMATE team players. They don't survive unless they are.

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The Lawlessness of the Judge, the Impotence of the Governor.

The impotence of Governor Perry is exposed by Judge Barbara Walther. Governor Perry should send in the Texas National Guard and/or the Texas Rangers and retrieve the children and perhaps place Judge Walther in jail.

The latest move of the Judge is a time buying tactic and a defiance of law. Only force can answer her rebellion. Only Governor Perry has the right to use such force.

Judge Walther is trying to run out the clock. It is her belief and the belief of Child Protective Services that they CAN find a crime if they are allowed to keep looking. The "Rosetta Stone" for unlocking those crimes is the DNA evidence they have collected. If CPS can get it and analyze it they believe they can save themselves by inciting public outcry sufficient to cloud their own lawlessness. This must stop, this must not continue. This is REBELLION. More →

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