The San Angelo Standard-Times - "The hearing to quash the indictments, meanwhile, was fraught with confusion and tension.Walther is a rude autocratic unjust jurist. She's done this before, walking out on proceedings, usually on a Friday. Remember Memorial Day Weekend?
The hearing began at 10 a.m., and Goldstein had barely finished saying the defense lawyers weren’t all present when the judge said the court would be in recess till 11 a.m.
One of the attorneys had car trouble outside of Sterling City, Goldstein said.
Walther walked to her chambers while Goldstein continued to ask about a previous motion for continuance, so the hearing could proceed at a later time.
His question went unanswered."
The San Angelo Standard-Times (May 30th, 2008) - "Judge Barbara Walther left the courtroom this evening without signing an order to restore custody of the children to their parents."This brutal witch forces witnesses and attorneys and distressed plaintiffs up against a whole holiday weekend to deal with the consequences of her actions. Well it's about time someone started slapping back.
"Then Goldstein dismissed all of the defense’s witnesses until 2 p.m., much to Walther’s surprise.The only phrase that comes to mind at the moment, is someone has grown a pair. The defense is tired of being shoved around, and has become aggressive and assertive. Translated this seems to be "I'm an officer of the court Judge Walther, you left the court room without dealing with my motion, I did as I saw fit, wanna make something of it? Hmmm?"
'Who dismissed them?' she demanded to know when the hearing resumed at 11 a.m.
'Counsel,' Goldstein replied, referring to the defense."
"Goldstein said he meant the court no disrespect but said he had no choiceBut let's hear what he really thought:
He said he was ashamed of having called so many witnesses and then having them wait until 11 a.m. and then having them wait for the state to present its case, so he dismissed them until 2 p.m."
"I was goaded into excusing the witnesses," Goldstein said.Now he goes for the "witch slap:"
"Just as the prosecution had begun to question its first witness, Goldstein stood and asked again whether the judge had heard his motion for continuance."This is downright confrontational, and Walther says she did hear, and denied the motion.
"Goldstein approached the bench with his motion to disqualify the judge."So basically, the defense says; "You wanna play rough? We're now playing rough.
"The judge who will hear the motion was not named during Friday’s hearing, but Walther told the defense 'in anticipation of your motion' another judge was on standby."Ever the control freak, aren't we Judge? I don't know procedure, but I rather doubt a judge can pick the judge to judge her own recusal. She knows the name she says, but "won't tell." How petty.
The San Angelo Standard-Times - "The defense claimed the judge’s role in selecting a grand jury commissioner to choose the grand jury that issued the indictments interferes with her role in judging the case at trial.We shall just have to see, what we will see. This will set the basis for further appeals if the motion is denied.
The defense, represented by lead attorney Jerry Goldstein, also argued that the grand jury composition underrepresented Hispanics, with only one on the 12-person jury in a town that is 37.5 percent Hispanic.
The 12 men are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, the polygamist sect that operates the secretive Schleicher County ranch. Most of the indictments allege child sex abuse associated with the sect’s practice of men taking multiple 'spiritual wives,' some of whom are alleged to be younger than the Texas age of consent.
The first of the men to go to trial, Raymond Merril Jessop, was found guilty in November of child sex abuse, a second-degree felony, and sentenced to 10 years in prison. The second, Allan Eugene Keate, is scheduled to go to trial Monday, when jury selection was scheduled to begin.
Jury selection was postponed to Tuesday to allow the disqualification motion to be heard. The hearing convenes at 11 a.m. in Eldorado."
Actually, since you have to see God as all knowing, throughout all time, certainly this picture (among others) was in Christ's mind as he spoke these words:"For which of you, intending to build a tower, sitteth not down first, and counteth the cost, whether he have sufficient to finish it? Lest haply, after he hath laid the foundation, and is not able to finish it, all that behold it begin to mock him, Saying, This man began to build, and was not able to finish." Luke 14 (KJV)From Breitbart:
"Next month's opening of the Burj Dubai tower, the world's tallest building, will bring Dubai's era of exuberant expansion to a juddering halt as hundreds of other building projects are already mothballed."There's just something about tall buildings, and man's pride.
| The Daily Show With Jon Stewart | Mon - Thurs 11p / 10c | |||
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The New York Times - "The 38-to-24 vote startled proponents of the bill and signaled that political momentum, at least right now, had shifted against same-sex marriage, even in heavily Democratic New York. It followed more than a year of lobbying by gay rights organizations, who steered close to $1 million into New York legislative races to boost support for the measure.Granted, no measure has survived popular referendum as we learned in Maine and California. In both cases it does well to note that 2-4% of the electorate changing their minds to be at least "tolerant" would be all it would take to clear that hurdle.
Senators who voted against the measure said the public was gripped by economic anxiety and remained uneasy about changing the state’s definition of marriage."
Brooke Adams Tweets - "A hearing in the Allen Steed case has been reset from Thursday to Jan. 29 @ 1:30 p.m. due to a scheduling conflict."I'm nuts of course, and have been told so many times by "expert" no name "lawyers" on the "other side."
"No, you first!"For anybody who hasn't been keeping up, Allen Steed (and other figures) have been stepping aside for Rozita to go first for getting close to what? Almost two years now? Every time one delays, the other delays until after their delay, and so on.
"By all means you go first..."
"Oh but I insist..."
"Ladies first!"
"The parties then agreed that the completion of Ms. Jessop's interview would occur on November 6, 2009, over the telephone. On November 4, 2009, the completion of Ms. Jessop's telephonic interview was re-scheduled for November 24, 2009, at the State's request. Ms. Jessop promised to disclose her tax returns showing the financial benefits she received from the publication of her book in advance of the completion of her interview. However, on November 20, 2009, the State advised defense counsel that Carolyn had called off the completion of her interview."The summation of all of this is that Carolyn opened the door to her tax returns, pleading she could not explain herself without them. Since she has testified previously that they are an integral part of her explanations, she cannot now refuse to discuss or show them.
"November 16, 2009I continue to maintain that Natalie has nothing but idiots for clients, the clearest evidence of which is, Natalie is their lawyer. I have been the target of one of Nat's self important missives. It was only worrisome because Ms. Malonis has the ability to file motions, and has access to the court and has proved to be a loose cannon in the past.
Mr. Matthew J. Smith
Mohave County Attorney
315 N. 4th Street
PO Box 7000
Kingman, Arizona 86402
Via Facsimile 928-753-2669
RE: Arizona v. Warren Jeffs, CR-2007-743
Dear Mr. Smith:
In connection with the above-referenced case, I am writing on behalf of Carolyn Jessop as a designated witness for the State of Arizona. As you’re aware, I represented Carolyn in her Texas child support case against Merril Jessop. On behalf of my clients in whose cases Sam Brower was engaged, I also participated with Lee Novak and Roger and Greg Hoole in preparing a response to the Defense’s motion to depose Mr. Brower. I will soon be submitting my pro hac vice application in Arizona so that I may appear in December for oral argument on the issue on behalf of clients, such as Carolyn, whose confidentiality could be compromised if Mr. Brower’s deposition is allowed to proceed.
Carolyn has requested that I contact you and communicate her intent to withdraw from voluntarily participating as a witness for the State in its case against Warren Jeffs. Although Carolyn was initially willing to provide testimony for the State, such willingness and cooperation with the State has been transformed into an unreasonable and unnecessary burden. As lead attorney for the prosecution, it appears that you are doing little or nothing to shield your witnesses from harassment and unreasonable exposure by Mr. Jeffs’ attorneys. Per your request, Carolyn has voluntarily made herself available on two occasions for more than four hours of interviews by Mr. Piccarretta; she has produced sensitive and private documents relating to her financial dealings; and she is now being asked to submit to a third interview for Mr. Piccarretta’s continued fishing expedition. Mr. Piccarretta’s right to interview witnesses is not unlimited, but there has been no apparent gesture on your part to place any outer limits on Mr. Piccarretta’s continued access to witnesses. Additionally, as far as Carolyn is aware, you did not request or secure any type of protective order or non-disclosure agreement in connection with her financial data disclosed to Mr. Piccarretta. She feels that you have failed to take reasonable actions to protect her privacy interests and to shield her from unreasonable exposure by the defense.
Carolyn is also testifying for the State in criminal proceedings in Texas. Based on your conduct and apparent open-door policy with Mr. Piccarretta, Carolyn is concerned that her Texas grand jury testimony may be requested by you and supplied to Mr. Piccarretta or other FLDS attorneys or supporters, thus exposing her to even greater harassment, ridicule and scorn (If you’re not aware, Carolyn endures a constant barrage of public invective from those who wish to hide the FLDS practices). It seems as though even Judge Conn has taken note of your passivity in the face of an onslaught from the defense – noting in a recent order that the State had not filed any type of response to Mr. Piccarretta’s motions for depositions of non-party, non-witnesses, although several responses were filed by various other attorneys on behalf of those whose depositions were unreasonably sought. This type of habitual lack of response and seeming acquiescence and exaggerated courtesy extended to defense attorneys portrays you as unwilling to protect and defend Ms. Jessop, and perhaps other witnesses as well.
Having carefully evaluated the circumstances and potential for negative exposure and unwelcome consequences to Ms. Jessop, she has made the decision that she no longer wishes to participate as the State’s witness in this proceeding, although she remains supportive of the State’s efforts to bring justice to Warren Jeffs. Naturally, Ms. Jessop is aware that the State could subpoena her and order her to appear and give testimony, contrary to her expressed desire and intent, and she hopes that the State would not place her in that position.
Carolyn has requested that any further communications on this or related issues be made through me; she does not care to be coaxed into changing her decision and is concerned that would be the result if she were to communicate with you directly. In view of Carolyn’s decision to withdraw her voluntary participation, she also withdraws her agreement to give any further interviews to Mr. Piccarretta or make any further voluntary disclosures or production of documents. Please communicate this information to Mr. Piccarretta, as necessary.
Please know that Carolyn remains very appreciative of the stance you have taken in bringing the first indictments against Warren Jeffs and being the frontrunner in bringing justice to this group. Unfortunately, as circumstances have evolved, it has become too onerous for Carolyn to remain involved to the same extent on a voluntary basis. Please do not hesitate to contact me if you have any questions or need for further discussion.
Kind regards,
Natalie E. Malonis"
"In previous proceedings before this Court, counsel fo Mr. Jeffs expressed misgivings about the ability to obtain a full and fair hearing concerning the Texas raid in the Texas courts. Those misgivings have now been borne out as the Texas judge who authorized the issuance fo the warrant, District Judge Barbara Walther, has, not surprisingly, now affirmed herself and affirmed the validity of the search conducted under the warrant."Read the request for evidentiary hearing. Warren Jeffs' attorney Michael Piccarreta goes on to say:
"Notably, the district court's order does not contain any factual findings about the false information set forth in the affidavits in support of the warrant, i.e. that the purported caller did not exist and her alleged abuser was not there and had not been in Texas in decades."He further states that Texas relied on the affirmation of Brooks Long that he sincerely believed the caller existed, as that caller described them self This argument, he claims is circular because it's self evident on the basis of the affidavit, that the affiant believes what they are saying.
"An investigator of the level of Barney Fife would have recognized the call as a hoax if he had spent an hour or two of proper investigation."Warren's attorneys also go after Elissa Wall in a separate motion and the absolutely surreal action of the court to redact the motion, removing the name of a published author, because she was a minor at the time, gives the head quite a spin.
03:00 PM 1-HR ORAL ARGUMENTS S27 071501596 State FelonyAt some point there will be a ruling on the time frame of the alleged crime.
STATE OF UTAH ATTY: BELNAP, BROCK R
FILTER, BRIAN G
VS.
STEED, ALLEN GLADE ATTY: BRADSHAW, JIM C
OTN: 19095116 DOB: 05/12/1981
F1 - RAPE - 04/14/01
The Salt Lake Tribune - "51st District Judge Barbara Walther denied a state request to move the trial of Allan Eugene Keate from Schleicher County to Tom Green County.You don't approve funding to provide for Schleicher county trial staff, when you're going to move the trial.
Keate is the second member of the Fundamentalist Church of Jesus Christ of Latter Day Saints and resident of the Yearning for Zion Ranch to go to criminal trial as an outcome of the state's historic raid on the ranch in April 2008.
Keate's attorney opposed the motion."
The San Angelo Standard-Times - "The Tom Green County Commissioners Court (Tuesday) morning (November 17th) approved funds to ease the stress of staffing legal proceedings in those cases.This gives us clear insight into how Barbara Walther decides things. It's not in court in front of the attorneys in the presence of their arguments. It's behind closed doors without the persuasion of arguments.
Specifically, the Commissioners Court met <> to approve a grant that pays for a part-time court administrator to help the 51st District Court in cases brought against several men associated with the FLDS Yearning for Zion Ranch outside of Eldorado.
Money for the grant comes from the County Essential Services out of the Texas governor’s office.
'It’s fully funded,' Nathan Cradduck, the county auditor, said. 'There is no match required.'
The grant is a continuation of a grant that expired in August 2009, Cradduck said.
The money for the position will extend the grant to August 2010. The grant is for about $37,000."
"I, Allen Steed, being first duly sworn upon oath, depose and say that I have read the foregoing Cross-claim and that the statements contained therein are true and correct of my own personal knowledge, except as to matters stated on information and belief, and as to such maters, I believe them to be true. Dated this 6th day of November 2009."This apparently occurred about two weeks ago.
"These disputed factual matters have nothing to do with any of the factual allegations in the two pending prosecutions and are, in fact, more akin to the type of 'he said, she said' allegations that permeate divorce court, or afternoon daytime talk shows."In another portion, Jeffs' attorneys squarely acknowledge the Polygamy issue and at the same time suggest where experts might be found:
"The basic teachings of the FLDS are essentially the same as the basic teachings of the 'mainstream' LDS, with the exception that the LDS no longer follows its founders' belief in the practice of polygamy. However, the basic teachings are the same and come from the Book of Mormon and the Teachings of the Prophet Joseph Smith. None of the State's proposed witnesses have any special training or expertise in the LDS or the FLDS or the history of these religions and differences between them."There is this all too true observation as well:
"This proposed expert testimony will not assist the jury because claims of subjugation of women (are) hardly unique to the FLDS. It is and has been a tenet of fundamentalist religions everywhere including the teaching of the Old Testament, the Koran, the current teachings of the Fundamentalist Baptists, and the 'mainstream' Mormon Church."The motion concludes that the case is either "about religion or not about religion." If it is about religion, it seems to be the defendant's opinion, through his attorneys, that he is then protected by the First Amendment, and cites the few available and recent cases before Supreme Courts in Montana and Minnesota.
CallOffs for Monday November 16, 2009As you can see here, after several conversations with El Paso county, there are now some misdemeanors that do show up as "Call offs." If a case is set for trial, as it must periodically be, to retain eligibility for prosecution, it is either tried, or called off and reset for prosecution at a later date. This must be done with the concurrence of the defense.
CaseNumber AppearanceDate DefLastName DefFirstName Division D021 2009CR 004154 11/16/2009 Contreras-portillo Facundo 02 D021 2009CR 003542 11/16/2009 Espinoza Richard 02 D021 2009CR 000453 11/16/2009 Cisneros Jeff 09 D021 2008CR 005196 11/16/2009 Dixon Patrick 09 D021 2009CR 000318 11/16/2009 Graff Brett 09 D021 2008CR 005072 11/16/2009 Mitchell James 09 D021 2009CR 000784 11/16/2009 Nelson Warren 09 D021 2009CR 000899 11/16/2009 Battle Michael 10 D021 2009CR 001792 11/16/2009 Brown Shenequa 10 D021 2009CR 000438 11/16/2009 Dingman Bryan 10 D021 2008CR 002519 11/16/2009 Tullis Wayne 10 D021 2009CR 001338 11/16/2009 Vaughn Scott 10 D021 2009CR 001438 11/16/2009 Willson Becky 10 D021 2009CR 001802 11/16/2009 Yeagley Donald 10 D021 2009CR 001470 11/16/2009 Framel John 15 D021 2009CR 002165 11/16/2009 Ghostbird Annjeanette 15 D021 2009CR 000910 11/16/2009 Griffin Christopher 15 D021 2009CR 001020 11/16/2009 Griffin Christopher 15 D021 2008CR 003998 11/16/2009 Delgado Thomas 16 D021 2009CR 001706 11/16/2009 Erickson David 16 D 2009CR 002663 11/16/2009 Nelson Jonathon 16 D021 2009CR 001663 11/16/2009 Nelson Jonathon 16 D021 2009CR 003114 11/16/2009 Barkley Terrance 19 D021 2009CR 001602 11/16/2009 Chisenhall Betty 19 D021 2009CR 002077 11/16/2009 Maron Astra 19 D021 2009CR 002052 11/16/2009 Nixon Demetrius 19 C021 2009M 006938 11/16/2009 Campbell Derick A C021 2009M 006940 11/16/2009 Edwards Jason A C021 2009M 006946 11/16/2009 Helms Charles A C021 2009M 006948 11/16/2009 Jenkins Blaine A C021 2009M 006950 11/16/2009 Martinez Georgia A C021 2009M 006956 11/16/2009 Newell Byron A C021 2009M 003433 11/16/2009 Syndes Oui A C021 2009M 004284 11/16/2009 Aripez Joshua B C021 2009T 007545 11/16/2009 Franco Samantha B C 2009T 009670 11/16/2009 Gossett Leigh B C021 2009T 008830 11/16/2009 Jackson William B C021 2009T 008168 11/16/2009 Jackson William B C021 2009T 005701 11/16/2009 Jackson William B C021 2009T 003445 11/16/2009 Ord Donald B C021 2009M 004509 11/16/2009 Music Sharri D C021 2009T 012789 11/16/2009 Alvarado-villareal Luis E C021 2009T 008769 11/16/2009 Batton Jamie E C021 2008M 003493 11/16/2009 Dockery Edward E C021 2009M 005606 11/16/2009 Ebert Chad E C021 2009M 002132 11/16/2009 Howell Jason E C021 2009T 008725 11/16/2009 Mccormick Kirk E C021 2009T 012740 11/16/2009 Mcdaniel John E C021 2009M 004320 11/16/2009 Smith Dillon E C021 2009T 006245 11/16/2009 Sylvester Sherri E C021 2008M 009851 11/16/2009 Thomas Kelvin E C021 2008M 008283 11/16/2009 Wicks Sidney E
The San Angelo Standard-Times - "Anybody who did not serve on the jury in the first case involving an FLDS member that wrapped up last week is eligible to sit on a jury for the remaining cases. There are still 11 other cases involving church members from the Yearning for Zion Ranch.Wanna stop it? First, let me rant a little. You brought this on yourselves. You peered voyeuristically over the YFZ fence, your Newspaper railed at them, and you listened to the Flora Jessops of the world. Now you have these trials. I hate to be rude, but DEAL WITH IT.
'The only way they’re out of the mix for the other trials is if they’ve served,' (Schleicher County’s Elections Administrator Brenda) Mayfield said.
Some Eldorado residents have already had enough of the trial.
'I think it’s a mess,' Shirley Emmons said. 'It’s going to make our taxes go up for all that trial.'
Others say that the trials' ubiquitous presence is too strong.
'It’s going to be very hard for our community here,' Norma Torres said. 'That’s just what’s on everybody’s mind. That’s all you hear is them talking about that and having all these state troopers. Everybody knows what’s going on. Overwhelming is what it is.'
51st District Judge Barbara Walther, who decides where the trials will be held, was out of the office Friday and not available for comment."
" 'All lies and jest, still the man hears what he wants to hear and he disregards the rest' - The Boxer, Paul Simon."An apt lead in:
"What I see in play is some kind of morbid curiosity. For some reason, that eludes me, some people in this country are eager, desperate even, to believe lurid tales of organized abuse rings, masquerading under the guise of religion, holding children hostage as sex slaves today, right here within the boarders of the good 'ol USA.Remind you at all of the fanatical types surrounding YFZ with stories of horrible events?
This is by no means an intellectual exercise for this group of 'true believers', they believe it with their hearts, and any skeptic will quickly be accused of being either a child abuser or a child abuse enabler.
This 'true believer' phenomenon certainly did not begin with this particular group. In the 1980's, a book called 'Michelle Remembers' was released. In it's aftermath, a large number of apparently unconnected individuals, across both North America and Europe, began coming forward with accounts 'recovered memories' of satanic ritual abuse. Evangelical Christian traveling speakers Bob Larson and Jerry Johnston were drawing huge audiences, then Geraldo Rivera fanned the flames even more with a primetime special, treating it all as real. But was there any evidence?"
"When I actually start publicizing this blog, so that people will actually start reading it, hopefully I can get some insightful comments as to why they so passionately want to believe. Could it just be that some have a pathological need for a scapegoat to hate, or that they find some personal validation in believing the worst of those who seem strange or different from themselves, or could it go even deeper than that? For now, I remain perplexed."Oops, too late.
The San Angelo Standard-Times - "Authorities decided Thursday afternoon to hold the jury trial in Eldorado, according to district clerk administrators.Meanwhile back in Colorado, an open and shut prosecution of a misdemeanor continues to confound the DA's office, and they refuse to comment on even the most elementary aspects of the case, such as whether or not there are any older misdemeanors they are still pursuing. Allen's case, like Raymond's, will be assembled, brought to trial and finished before El Paso County can get around to prosecuting a simple prank phone call that tied of almost all of CSPD for the duration about two years ago.
District Clerk Peggy Williams said she plans to send out 300 notices today. Jurors will be pulled from voter registration rolls and driver’s license records.
Allen Keate will be tried Dec. 7 on a charge of sexual abuse of a child, a second-degree felony that carries a punishment of two to 20 years in prison and a fine up to $10,000."
The Salt Lake Tribune - "We continue to have reservations about the raid on the FLDS Yearning for Zion Ranch in Texas in April 2008 that gave rise to this and other prosecutions. The appeal of the Jessop conviction may bring rulings by higher courts in Texas on whether the evidence from that raid, which was based on a bogus phone tip about a young woman in distress, was tainted by the false foundation for the state's searches and the breadth of the resulting seizures.And we, those of us who were outraged by this business, do not. You cannot in this country, separate the procedural from justice, and even relegating it to the bin of "procedural" shows a sort of snooty bias that causes me to grind my teeth a bit.
Procedural questions aside, however, we believe that justice was served by this prosecution, the conviction and the sentence."
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."By failing to do anything but step back, and NOT editorialize on the issue, and then in the final analysis issue a weak "We continue to have reservations," The Salt Lake Tribune openly declares that when it comes to personal freedom, they opt to subordinate it to what they evaluate as creepy:
"The whole notion of pressing young women into polygamous sexual unions with much older men is abhorrent, and any state which respects the rights of the young, the vulnerable and the brainwashed should prosecute it."Thanks at least, for telling us that. The fact that no member of the community came forward to testify against Raymond, his "wife" included, who is an adult now, is of no importance to the Tribune. Their claim of abuse only holds legal, but not real water. Had their been real abuse, one of the women of YFZ would have broken ranks, but no one did. Not even to this day. Isn't Janet, Raymond's wife, able to say if she feels abused now? If in fact it is a date on a calender that makes a girl a helpless victim of sexual violence, doesn't the passing of another date on the calender make her capable of saying she wasn't?
"In our view, there is no question that this is a crime of sexual violence which cannot be justified or explained away by reliance on the constitutional rights of religious freedom."I guess the 1st Amendment only pertains to them.
"Mr. Stein,This is his reply:
I have several questions with regard to the Rozita Swinton case, that continues to be delayed. From where I stand this seems to be the oldest misdemeanor case in El Paso county, at this time.
Are you aware of the recently concluded CSPD IA investigation regarding Lt. Magdalena Santos and her well known (around CSPD) association with the defendant?
Are you aware of a statement made by Becky Hoerth, Rozita's former roommate in which she states that Lt. Magdalena Santos (980D) and Lt, Jane Anderson have interfered in a case or cases involving Rozita before, in her favor? This 50 page statement appears to have been generated in the first half of 2008, probably in April.
Are you aware of Rozita being used as "voice talent" for CSPD/CBI (and possibly FBI) internet sex sting operations that drew in suspects from across the Western United States? CSPD in conjunction with a task force was using phone contacts with leads picked up on the internet in which adults successfully portrayed themselves as little girls, to lure in predator suspects.
All of this looks terribly suspicious in view of the fact that the defendant sparked the largest child custody case in US history last year and in view of the fact that her attorney, former El Paso county prosecutor David Foley rather loudly stated he had "surprises" regarding the case in April of last year, a week after Rozita's arrest.
Can you let me know what is going on with this case and when it will next be on the court's calender?
Hugh McBryde
Modern Pharisee Blogspot."
"Mr. McBride [sic],I of course, told you it would be delayed, again.
The next court dates for Rozita Swinton’s case are Jan 6, 2010 for pre-trial readiness and Jan 13, 2010 for JT. Because this is a open case which is currently being prosecuted by the 4th Judicial District Attorney’s Office, I am unable to answer any further questions about this case.
Frederick Stein
Senior Deputy District Attorney
4th Judicial District Attorney's Office
719-520-6191
frederickstein@elpasoco.com "
CallOffs for Tuesday November 10, 2009If you go there, go to this page, it will be under "View Cases For Tomorrow" until sometime this morning, then it will revert to "View Today's Cases." "Called Off" does not mean "it will never happen," at least TECHNICALLY it doesn't mean that. It means IN THEORY it is being rescheduled.
CaseNumber AppearanceDate DefLastName DefFirstName Division D021 2009CR 003517 11/10/2009 Windle Emily 07 D021 2009CR 000857 11/10/2009 Rodriguez Jesus 09 D021 2008CR 005179 11/10/2009 Rodriguez Jesus 09 D021 2009CR 003056 11/10/2009 Allen-turner James 18 D021 2009CR 003389 11/10/2009 Tian-velasquez Pablo 18 C021 2008M 002726 11/10/2009 Swinton Rozita C
"While 51st District Judge Barbara Walther surveyed the prosecution’s evidence about the accusations Monday morning, Stevens regularly informed her of his numerous objections ranging from hearsay to violation of the constitutional right to freedom of religion.What? Stevens doesn't trust Walther? Her pattern is to push people up against an iron clad deadline of her own making, dropping a ruling on them and shutting them up. All the while we know what her ruling will be, only she says she hasn't made up her mind.
And Walther regularly responded that she wasn’t yet granting admittance to the evidence but just examining it, suggesting Stevens was jumping the gun.
She was also pushing to complete the punishment phase."
Free the FLDS Children - "As you recall, almost no jurors said they would consider probation for Raymond if he was convicted. OOPS!Defense attorney Mark Stevens has some sort of inscrutable strategy that I have not fully divined yet. I am not an attorney, least of all a Texas criminal defense attorney. I continue to suspect that Judge Walther has left an appeal rich trail that any attorney who likes appeals would drool over.
Since on Voir dire they stated that they would not consider probation, the Defense can ask for a mistrial, and a new Jury HAS to be chosen for the Sentencing Trial.
It’s (Barbara Walther's) plan to bring in every maggot she can find that hates the FLDS almost as much as she does. She has that right.
On the other hand, Janet (Jessop's "informal" Mrs.) has the right to speak at the Trial, and so does Raymond himself. By Texas Law, he can make a statement to the Jury just the same as he could have made a statement to (Judge Walther) if she were railroading him into prison."
November 2, 2009The letter came in an envelope postmarked November 3rd, 2009, as Raymond Jessop's trial was winding down, and right before Rozita's starts in Colorado Springs. I got it today.
Hugh McBryde
P.O. Box ****
Montpelier, VT 05601
Dear Mr. McBryde
This letter is in response to the suspicions you raised in your complaint on 09-24-09 regarding employees of the Colorado Springs Police Department.
A thorough inquiry was conducted which included a review of Department records and reports, interviews with involved employees and review of Department policies. The investigation disclosed there was no violation of Department policy nor was there any indication of inappropriate behavior by our employees.
Sincerely,
Lt. K. D. Wilson
Internal Affairs Division
Colorado Springs Police Department
The Plural Life - "Surprise, surprise. The court decided to hold a hearing today after all. I got there in the nick of time, thanks to a certain unnamed tipster. Thank you!Brooke Adams scores again. She is apparently responsible for getting Juror 12 86'd, though in retrospect I think I would have preferred that she remained, and now she scores with nosing out another Walther Friday Surprise.
Last night when we left, Judge Barbara Walther told everyone court would resume at 10 a.m. on Monday. That was the word from the Texas Attorney General’s Office, too.
But Walther changed her mind. Had things gone more quickly today, I think she was prepared to go ahead with sentencing. The jury was at the court, sequestered in the waiting room. She finally sent them home about 2:30."
"Raymond Jessop is facing 20 years in jail as a result of being convicted yesterday in Texas for sex with a teenage girl. The conviction was a result of a raid on the Yearning for Zion Ranch last year, in which over 400 children were put into foster care."There are probably less than 2000 people outside the FLDS and Texas Law Enforcement that know what really happened and this is how public opinion is shaped. The story didn't include the fact that the children were all returned. Most people don't know the big issues that were in play at YFZ for all of us, and are still fuzzy on what happened afterward. I think Brooke Adams spoke for herself as well as others about the result of the trial when she had an anonymous man who accosted her outside the courtroom respond to the verdict with one word.
The Washington Times - "Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids.Everything is criminalized now. From food, to sex to drugs to marriage, it's all regulated overmuch by the Government and you're doing something wrong, I promise you. Have we forgotten the Manna Storehouse? In a completely criminalized society, where you cannot hope to stay violation free, you're only hope is a valid search warrant standing in between you, and imprisonment. Anyone who has bothered to follow the few facts accumulated about Rozita Swinton's call to the Newbridge shelter knows that she guessed at a lot of details and out of several jurisdictions she called, only Texas eventually chose to believe her tall tales. We all laugh in theaters and watching TV at the pretense used by police to gain entry to places they cannot go. We cheer them on because they are the monolithic "Good Guys" and the script demonized "Bad Guys" have been getting away with too much anyway. Time to win one for the team.
That's right. Orchids."
"Jerry Lee Lewis had already gone through two marriages by 1957; he'd married Jane Mitcham, his second, 23 days before his divorce from his first wife, Dorothy Barton, was final. On December 12, 1957, Jerry married his third cousin, Myra Gale Brown. A lot of ink has been spilled about his close blood relationship with Myra, and the fact that she was only thirteen and still believed in Santa Claus when the pair were married. For a man from his time and place, however, marrying at thirteen and marrying one's third cousin (twice removed) were both fairly commonplace occurrences, although Lewis further complicated matters by again marrying before the divorce from his second wife was final.1957. It wasn't that long ago, I was three years old. Jerry Lee Lewis is now considered to be a bit of a rascal, a country singer, and his daughter by his union with Myra, manages his career. Now there's a pedophile for you. We too quickly forget. What is now a 20 year jail term was once commonplace and I promise you that a look back at your recent ancestry is liable to produce a similar union. Without them, we would not be here.
Lewis didn't seem to realize that this was offensive to most urban markets (and to other countries): in fact, Sun Records' Jud Phillips (brother of producer Sam) had warned him against taking Myra with him to England on his first European tour. Jerry Lee, never one to change his mind, took her anyway. When they stepped off the plane on May 22, 1958, Lewis obligingly told the British press that Myra was his wife (although he gave her age as 15 and moved up the date of their actual wedding). His bride, for her part, told the gathering that fifteen wasn't too young to marry back home: 'You can marry at 10 if you can find a husband.' "
Guilty, but you probably know that already. Lone Star Texas News - "Raymond Jessop has been found guilty of sexual assault of a child in connection with charges he married an underage girl. Jessop was a member of the FLDS Church and live on the compound near Eldorado that was raided by the state last year.The way the trial was going, it really didn't figure that the verdict was going to take long. The way I see it their minds were made up before they even heard the first word uttered in trial.
Attorney General Greg Abbott says 'the jury in State v. Raymond Merril Jessop has rendered a guilty verdict. The sentencing phase of the trial will begin Monday morning. Because trial proceedings are still ongoing, we cannot comment further at this time.'
This was the first trial stemming from that state raid."
The Salt Lake Tribune - "One document, a marriage record, showed Jessop married the then 16-year-old on Aug. 12, 2004, for 'time and eternity,' at Jeffs' home at the Yearning for Zion Ranch, where about 600 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints reside.This would seem to say that the defense is conceding that Raymond is the child's father. That really doesn't surprise me. It also may be that the defense will point to the fact that other possible candidates that were close relatives were not tested, and we don't know what those tests would have shown. If I made that argument in Mark Stevens' shoes, I would point out that we can't know what likelihood of paternity exists in another person not tested, that the state assumed too much and didn't do it's job.
Jeffs performed the ceremony, while counselors Wendell Nielsen and Fred M. Jessop were witnesses.
A dictation dated Oct. 19, 2004, said that a 'fourth home was to be built' at the ranch for Jessop, its foundation to be completed by Nov. 5 of that year.
A list dated Oct. 7, 2005, of 'Babies Born at R-17' showed names of Jessop and his alleged victim and a check mark under a column labeled 'girls.'
Hanna also read from a 'List of Nursing and Expectant Mothers,' which under Jessop's name show the alleged victim as a nursing mother in October 2005. As required by 51st District Judge Barbara Walther, names of two pregnant women and two other nursing mothers associated with Jessop were blacked out.
None of the documents were dated from November 2004, when the state alleges the alleged victim became pregnant.
Defense Attorney Mark Stevens focused on that when he asked Walther to give the jury an 'instructed verdict' that the state hadn't proved jurisdiction. Walther denied that motion."
WRAL - "(Raymond) Jessop's attorney, Mark Stevens, has argued that prosecutors failed to show that any assault happened in Texas - a necessary element in demonstrating the court's jurisdiction.
'There is no way one can draw a reasonable inference ... that this alleged event must have occurred on that ranch,' he said."
The San Angelo Standard-Times - "(Texas Judge Barbara) Walther told the seven-man, five-woman jury Wednesday evening that she expected they’d be hearing closing arguments about midday Thursday. She also told jurors to pack suitcases, and her bailiff reserved rooms for them. Once jurors begin deliberating on a verdict, Walther has decided not to allow them to separate."So they shouldn't communicate during the trial (but could) and now until the reach a verdict, they're going to jail.
The Deseret News - "Texas District Judge Barbara Walther told jurors in the trial of 38-year-old Raymond Jessop that attorneys hoped to offer closing arguments by midday.And Judge Walther apparently read his book.
June 1st, 2009 - "The UAW lynch mob is at (Ford's) gates having successfully pulled a revolt at GM and Chrysler, elbowing their way into the board room, they now have Ford right where they want them in terms of bargaining power. Ford may not have needed to go bankrupt and may complain until doomsday that they had the right to survive as the sole American Automaker, but that ship has sailed. Now they are saddled with unattractive Union commitments and costs that the other two of the big three have shed. Ford either goes slowly under the waves, or signs onto some version of what the other two have been forced to accept.I've had people come up to me on the street, at work and in Church and loudly proclaim how great Ford was because they "didn't take Government money" and get visibly agitated in some cases when I point out that Ford would go down some similar path. Not wanting to be too odious face to face, I eventually said the following:
In the end, with behavioral precedents now firmly set, when the Government comes knocking, Ford execs will likely get up, dust their chairs, pack their knick knacks in boxes and head for the doors, just like Chrysler and GM because disturbing perceived realities are now governing." (Who said that?)
September 19, 2009 - "I'm not prepared to argue with anyone (without wanting to explode at the same time) how it got that way. Let's just say there is blame to go around and it doesn't all settle on Auto Industry Fat Cats, the convenient location both those on the right and left like to place most of the blame. We have a new Little Three left over, and Ford's problems are the same as those of GM's and Chrysler's prior to both going bankrupt. All were losing money. 67% of the US auto industry going down the tubes with one remaining almost assures that the next time we're having this discussion (and there will be a next time), 100% of the Auto Industry (Ford) would be on the chopping block."Now, "the Blog Prof" says:
"Someone explain to me how this is right. GM is owned by majority shareholder the UAW. The UAW negotiates a labor contract with GM competitor Ford, refuses to make the same concessions it basically gave itself at GM, shoots down the Ford contact that would have put it on a level playing field with UAW-owned GM, and won't renegotiate. Uh - am I missing something? This coverage over at MLive seems to miss the whole conflict of interest angle in its entirety: Ron Gettelfinger: UAW membership has spoken loudly, won't renegotiate with Ford."And he points to this article:
United Auto Workers President Ron Gettelfinger says members spoke loudly last week and the union will not renegotiate with Ford at this time.Found at "Michigan Live."
Members resoundingly rejected a new contract with Ford last week, as 70 percent of production workers and 75 percent of skilled workers voted against concessions that would have made their contracts competitive with workers at General Motors and Chrysler.
'We have a political process. It's called ratification,' Gettelfinger told Paul W. Smith this morning on WJR AM-760. "We all are disappointed, but the membership has spoken.'
...Gettelfinger acknowledged Ford did not enjoy some of the benefits its domestic competition gained by going through bankruptcy. GM and Chrysler, he said, were able to reduce debt, cut dealers, walk away from liability claims and rework supplier contracts during their bankruptcies."
The official reason is to deal with his daughter's mental health issues. He has my sympathies and support, even if this is just a cover story for quitting.Fox13 - "(Mark) Shurtleff said he would suspend the campaign, to spend more time caring for his daughter, who has struggled with mental illness issues for some time. Shurtleff has been challenging incumbent senator Bob Bennett."Everybody has something to do other than what they're doing. If this paid well for instance (that means I do make money blogging), I might quit my job to pursue this full time. I might "quit my job to go help my son" if I had the time and money as well. Usually politicians who are supremely ambitious, quit because they aren't getting anywhere.
The Plural Life - "Judge Barbara Walther observed that that would also show that the alleged victim could not legally have married Raymond Jessop since she was married to someone else — a comment that seemed to make defense attorney Mark Stevens freeze up."That may very well be the case since it seemed possible for persons to become less formally married, but married nonetheless in Texas before Harvey Hildebran's bill changed law effective 2005. My friend "Toes" wrote me and also blogged on this:
"Judge Walther is willing to recognize the previous marital status of the 'child' 'victim'.
According to DFPS legal definitions the 'victim' would then be an Emancipated Minor, according the DFPS definitions :
Emancipated Minor - A person under age 18 who has the power and capacity of an adult. This includes . . . a minor who, with or without parental consent, has been married.
Texas Family Code, Chapter 5, Sec. 101.003 defines a child:
CHILD OR MINOR; ADULT. (a) 'Child' or 'minor'" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.
If the Judge (State) recognizes the previous marriage performed under the auspices of the FLDS church in a religious ceremony, the Judge (State) must also recognize the termination of that marriage under the auspices of the FLDS church and the subsequent remarriage under the auspices of the FLDS church to the Defendant.
The law regarding sexual assault of a child: Texas Statutes, Penal Code 22.011,
(c)(1) 'Child' means a person younger than 17 years of age who is not the spouse of the actor[perpetrator].
(2) 'Spouse' means a person who is legally married to another.
This throws the whole case out the window, as 1) the 'victim' was not a child by legal definition; and 2) the 'victim' was a spouse of the accused."
"DNA shows Jessop is the father and photographs and other documents put the alleged victim and Jessop at the ranch, though not yet during the critical time period."This is also critical, and I believe the jury to be stacked, and they will ignore this as well. With some judges and some trials there might be a directed verdict at the point where the state fails to "connect the dots." I don't think this will happen with Walther.
From Brooke's "Twitter" page - "Defense says most documents or photos about Raymond and other women/children are irrelevant to crime charge and prejudicial."To which the prosecution replied:
"(Texas) says such documents help make jurisdiction argument and thus are relevant."And there you have it. If Texas argues it must admit evidence for the sole reason that it establishes where Raymond Jessop was when his "Bride" (now an adult) became pregnant, then Texas is clearly saying if it can't establish in at least general terms, the location of both parents in Texas (assuming as I do that Raymond is the father), then the whole trial is moot.
