Wednesday, March 17, 2010

Case goes to Jury, Location continues to be an issue (UPDATED)

Both sides have rested their cases. (UPDATED- VERDICT = GUILTY).
The Abilene Reporter-News - "The jury will return at 9:30 a.m. today to hear closing arguments from the defense and prosecution, and then jurors will deliberate on the verdict.

Attorneys and 51st District Judge Barbara Walther had spent the day looking at documents to establish Jessop was at the YFZ Ranch at the time of the alleged offense."
Apparently, more that in the other cases, the location of Merril is in doubt. Most of the silence coming out of San Angelo yesterday has to do with the Judge, Prosecution and Defense looking at documents.

The way this story is phrased, is puzzling. I would have thought that if there was any doubt, the defense would have speculated loudly in open court to the effect that the prosecution "couldn't prove it," "it" being where Mr. Jessop was. Much has been made in the past among FLDS detractors that location wasn't an issue, but it now seems hugely clear, that it is.

Do I think this will matter? Not really. It would seem that the defense is relying on Judge Walther to rule to dismiss charges if there is clear evidence that Merril was not there. Walther, I am convinced, would rule that Merril Jessop was there even if he had time stamped pictures sent by certified letter from Kenya showing that he was there hunting Water Buffalo around and about August 20th, 2006.

The FLDS has been all along, stacking issues up for appeal, both thin and strong. Essentially the strategy is to impeach Walther and/or the evidence later with minor emphasis on things like Grand Jury/Jury racial composition.

The case has gone to the jury. I'm not holding out any hope for Walther ruling Merril (and therefore his "underage bride") weren't in Texas during conception. I wouldn't be surprised if the jury returns before lunch, with a guilty verdict (turned out to be 12:30pm).

According to KCSG's 9:49 AM EDT version of the story, closing arguments will be today and are probably are taking up a good portion of the morning if not all of it.
"The prosecution and defense rested their cases Tuesday in the trial of Merril Leroy Jessop. The jury (returned this) morning to hear closing arguments from the defense and prosecution, and then jurors will deliberate on the verdict."
Judge Walther did not allow a CPS worker to testify in front of the jury regarding the level of fear that had been created among the FLDS. A CPS worker testified away from the jury about how children were taken from their mothers.

If the testimony is emotionally loaded in favor of the prosecutions case, such as testimony from Rebecca Musser, the Jury hears it, if it is loaded in favor of the defendant. (You guessed it!)
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Saturday, March 13, 2010

To go where no man should go

Unless they want to be terminally amused.
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Friday, March 12, 2010

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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Thursday, March 11, 2010

Location, Location, Location.

It's the Real Estate maxim, and apparently it does matter in the Trial of Merril Leroy Jessop.
When an act is a crime in one place, but not in another, where it happened really does matter.

For instance, it's not a crime for me to be nude, and I am nude every day in the shower. It is one for me to be nude on Main Street. Unless my shower is in my RV and my RV is on Main Street. Likewise it is important where the child that is almost certainly Merril's, was conceived.
The San Angelo Standard-Times - "(Prosecutors) presented evidence that Merril Leroy Jessop resided at the Yearning For Zion Ranch outside Eldorado, where the charge against him — the sexual assault of a child in connection with an alleged underage marriage — was alleged to have occurred.

Pictures showed photo albums and poster-sized pictures that depicted Jessop surrounded by a crowd of children and three young women law enforcement personnel identified as his wives."
Well dang. I thought that wasn't important according to some of the "legal experts" trumpeting how irrelevant location was on the other side of the fence, but apparently, it is important.

It's always been my thought that it was up to Texas to place Merril's "celestial wife" on Eldorado Terra Firma and Merril there too, to make the case stick. That goes for Michael Emack as well, and Raymond Jessop. This salient point didn't seem to figure much in the first trials, but is now making an appearance here, at Merril Jessop's trial, as part of the prosecution's case.

Odd.

Do they know that Merril will try to contend he was elsewhere? To me it has always seemed that I could say, if I were Merril; "How do you know we weren't in Mexico?" After all, no one knows how they got to Mexico and it's not up to Merill to prove his innocence, he is presumed innocent, nor is it up to Merril to incriminate himself. The fact that Texas thinks Merril robbed a bank, but can't say which bank is sort of important.

Don't get confused with the idea that his wife is the bank. She has to be in Texas for it to be a crime, in Texas. If I admit to taking money from a bank, I haven't admitted to robbing it. If I admit to nudity, I don't admit to a crime. If I say I drive my car 200mph, if I did it at Daytona International Speedway, it's not a problem.

There are various considerations such as the "Mann Act," but that's where self incrimination and presumed innocence come in. I'm presumed NOT to have committed a crime, and frankly, as far as the jury knows Merril really conceived a child with his bride at a sort of FLDS "girls gone wild" event on the Yucatan peninsula. She went there, he went there, they meet, the lights go down and so on.

Do I believe that? Well heck no, but it's not up to Merril to have to prove that. For it to be a crime in Texas, it had to happen in Texas. For it to be a "Mann Act" violation, a conspiracy has to be proven. This is not possible without receipts and photographs and cooperative eyewitness testimony. In some places it is still just "bad judgment" to engage in a sex act with a 16 year old, whether it should be or not.

Do I think it will matter to the jury? Nah. A little girl was "assaulted" with an old man's phallus while she cowered in fear of it's mighty and damaging blows. And it had MORE WRINKLES than the 16 year old boy she could have rubbed uglies with, with impugnity.

The jury would kill Merril if they could.
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Wednesday, March 10, 2010

Obsessed are we? (UPDATE)

After a while, it gets to be so overwhelmingly weird, that you have to mention it. Really, even as much as I hate to point to that sick bunch of freaks.

Go ahead, count if you want, how many times I get mentioned, and then go back to the previous open thread, and count, and then go back to the open thread before that and count. Between the "Huge McNuts" and the "Huge McEgos" and the various manglings of my name, pseudonyms and so on, it's obvious that when the FLDS trials and appeals are done, I'm going to need to pay a visit to Mark David Chapman, just to see what drove him.

Mark and I are both drop outs of the same school, maybe he can spare me some time.

Any of you clowns own a copy of "The Catcher in the Rye?"

It's getting to the point where I don't want to walk home in the dark.


It does no good to try to reply to what are brain dead half reads of things I've said, or deliberately obtuse ones.

UPDATE - The Dim Ones are beginning to realize its not COMMENTS that rank a site, it's traffic, composition and length of time on site. Years ago in one of my many and varied incarnations, I was a talk show host engineer/call screener. That which provokes comment is not the same as what promotes readership/listenership/viewership. If you doubt me, listen to Rush Limbaugh. Eventually he will comment on that aspect of ratings/rankings.
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A Jury Seated

And typically, another motion denied.
The San Angelo Standard-Times - "The jury is made up of seven women and seven men to fill in the 12 juror and two alternate positions. Among the jurors, three have Hispanic surnames."
The defense cited widespread publicity and resulting prejudice. They asked for more "peremptory strikes." What do you think happened? Don't be stupid, it's Babs.
"(D)efense attorneys this morning moved to be granted more than the standard 10 peremptory strikes against prospective jurors, citing widespread prejudice against their client, but 51st District Judge Barbara Walther denied the motion."
Arguments are underway.
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Tuesday, March 09, 2010

Merril Jessop moves for Mistrial - UPDATED

It won't work. (UPDATE, it didn't.) Not because it shouldn't work, but because it's Barbara Walther on the bench.
This is part of the basic plea of the prosecution that the FLDS is a dangerous murderous entity and we are dealing with "King Willie, the Thug."
The San Angelo Standard-Times - "Willie Jessop, the sole representative of Merril Leroy Jessop’s family and church, was denied entry to a crowded courtroom (yesterday).

Willie Jessop said the motion, although prepared and signed Monday, was submitted (today)."
No it won't work now, but this continues to be the sort of foundation you build for an appeal. It sounds as if the FLDS was ready for this prosecution piece of theater that is purely designed to make various FLDS men "boogie men" and therefore increase chances of conviction.

Apparently in ruling on the motion (which she denied), our lovable warm fuzzy "Thug" got a word in edgewise:
"(Eric) Nichols, arguing against the motion, put Willie Jessop on the witness stand and made the case that Willie Jessop hadn’t made an attempt to enter after the general questioning of potential jurors.

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

Walther intervened, telling Willie Jessop — who she said may not be fully aware of the court’s procedures — that the witness is not allowed to ask questions."
Raymond Jessop (as is being reported elsewhere) has already filed for appeal, but your Modern Pharisee told you it was done, when it was done (January 28th, 2010).
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For Lamont, it will be an interview, with the threat of Deposition

I learned this on Friday, but waited until it was published. More →

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Monday, March 08, 2010

And now for something, a little different...



It's unusual to see what your favorite artists, regard as favorites.
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Saturday, March 06, 2010

Mark Henkel & Gretchen Carlson on John Stossell


It's a clear win for Mark. Mark and I DO NOT get along, but that doesn't mean he's wrong.

It's unfortunate that no one in the room on the pro polygamy side understands that it needs more than "decriminalization." Again, you do not HAVE to get legally married to understand why being ABLE to be legally married helps you.

Decriminalization means it won't be a felony but it's still against the law. The fact that you can essentially get a parking ticket for too many people in the bedroom means that the police have a right to enter your bedroom.

Ms. Carlson makes the lame excuse (for an apparent conservative) that the polygamist family will have tax advantages. I keep telling people, as long as we have an income tax, and particularly a progressive income tax system (which we have), the government is always going to stay in the arena of marriage. You want marriage off the books? Get rid of the income tax. Completely. All vestiges of it. THEN you have a shot.

That and you'll have to get government out of the business of defining pedophilia. This is an UGLY truth because we are so twisted around and phobic as Christians of a "Crime" or "Sin" that isn't even a sin in scripture that we react with blind feeling. Perhaps a compromise can be reached with marriages to minors involving court consent and licensing. Until then though, government has entered the room in the marriage discussion, and it isn't leaving.
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Thursday, March 04, 2010

Specter of Elissa Wall pleading the 5th looms

Either that, or she's going to risk multiple perjury charges. That's a prediction by the way. Predictions are not prophecy. They're predictions. I also predict that Michael Piccarreta will get his order for a Deposition of Lamont Barlow, and that's going to lead to someone recanting, or pleading the 5th, or perjuring herself/himself. Read the Motion:
The defendant, Warren Jeffs, by and through counsel undersigned, hereby replies to the State's response and Lamont Barlow's opposition to his motion of the deposition of Lamont Barlow.

The request for Lamont Barlow's deposition stems from the fact that Ms. Shannon Price contacted County Attorney Brock Belnap of Washington County, Utah, "and she told him that (Elissa Wall*) had lied during her testimony at the Warren Jeffs Trial" in the state of Utah. [See report of Washington County Sheriff Chief Deputy Jake Schultz, attached to Defendant's Motion for Deposition of Witness Lamont Barlow]. Mr. Belnap then instructed Washington County Sheriff Chief Deputy Jake Schultz to interview Ms. Price and she provided further information about this alleged false testimony. Specifically, Ms. Price stated that "Lamont told her that (Elissa Wall's*) medical records had all been created in one day, to make it look like she had seen caretaker on several different occasions." [Id.].

This matter will obviously be admissible at trial as it relates directly to (Elissa Wall's*) Credibility, or lack thereof.

Indeed, Arizona's rules of discovery are quite broad and allow the parties to pursue any matters that might lead to admissible evidence. "It is not a basis for objection 'that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead the the discovery of admissible evidence. American Family Medical Insurance Company v. Grant, 222 Ariz. 507,__, pp 12,217 P.3d 1212, 1217 PP 12 (App. 2009) [quoting Ariz. R. Civ. P.26(b)(1)(A)]. Moreover, the Arizona Supreme Court has made it quite clear that, in criminal cases:
"We believe that a trial court should exercise its discretion in favor of seeing that the accused is furnished with every fact necessary to prepare the best possible defense. The modern trend (in**) discovery proceedings is to have the winner determined by the facts, rather than by which side is the most ingenious in 'playing the game.' "
State v. Ford, 108 Ariz.404,409,499P.2d699,704(1972).

The state correctly notes that it "suggested to defense counsel" that defense counsel move for Mr. Barlow's deposition.

[State's Response, p. 3]. The State suggested this due to the fact that defense counsel had been unable to schedule Mr.

Barlow's interview, despite repeated attempts. [see attached email correspondence]. Accordingly, the defendant has filed the present motion.

The defendant concedes that Mr. Barlow was, in fact, interviewed as to all matters known at that time. The new interview or deposition of Mr. Lamont Barlow will center on the recent report by Ms. Shannon Price to law enforcement about (Elissa Wall's*) false testimony. These matters will obviously be admissible at trial and the rules of discovery clearly contemplate that these matters will be explored through pretrial discovery and interviews.

In his opposition to the motion to depose Lamont Barlow, Mr. Hoole now attempts to re-write history and presents a new version of facts that directly contradicts Ms. Price's statements. However, the defendant is not obliged ot accept teh new version of events that Mr. Barlow, after consultation with Mr. Hoole, now presents. Nor is the defendant obliged to accept the numerous "conditions" that Mr. Hoole is attempting to place on the interview or deposition of Lamont Barlow. It must be remembered that the Mr. Hoole represents not only complaining witness (Elissa Wall*), but also her husband Lamont Barlow, and also claims to have some type of privileged attorney-client relationship with Ms. Shannon Price's employer, the diversity foundation, whom Mr. Hoole claims is some sort of "client representative."1 Mr. Hoole now has a statement from an employee of a "client representative," Ms. Shannon Price, that indicates that the client he represents, complaining witness (Elissa Wall) committed perjury, and Ms. Shannon Price's comments now also directly contradict the statements of Mr. Lamont Barlow, yet another client of Mr. Hoole's. Given all of these obvious conflicts, Mr. Hoole's desire to limit the inquiry is understandable, but not acceptable.

Indeed, it is obvious that there are issues of fact that will have to be explored and will have to be resolved, ultimately, by the jury concerning the problems with (Elissa Wall's*) credibility. Moreover, the defendant is not willing to accept the assertions by the state and counsel for Mr. Barlow that the allegations of (Elissa Wall's*) perjury are limited to simply medical matters. Ms. Shannon Price's report to Washington County Attorney Brock Belnap was not limited. As noted above, "she told him that (Elissa Wall*) had lied during her testimony at the Warren Jeffs Trial." Mr. Belnap then instructed Chief Deputy Schultz to interview Ms. Price, and this is where some of the statements were made about fabricated medical records. The defendant is entitled to fully explore all of these matters, and to further explore the issues of whether there have been any attempts to influence the testimony of any witness, including but not limited to, conversations with third parties.

In addition, the somewhat far-fetched versions of events that Lamont Barlow now presents with Mr. Hoole's help will, itself, be a factual matter for the jury to resolve. Mr. Barlow now claims that it was Mr. Jeffs' attorney in the Utah case, Mr. Walter Bugden, and not (Elissa Wall*) that provided false information in the Utah trial about (Elissa Wall's*) medical condition, and Ms. Price "simply misunderstood" what Lamont barlow had told her. [Barlow's Opposition, p. 2]. The problem with Lamont Barlow's new story is that Ms. Price never said anything bout who may or may not have provided false information about (Elissa Wall's*) medical condition at trial, she stated initially to Washington County Attorney Brock Belnap that (Elissa Wall*) lied during her testimony. She later told the deputy that"Lamont told her that (Elissa Wall's) medical records had all been created in one day, to make it look like she had seen a caretaker on several different occasions." [Schultz Report]. This is obviously a quite separate, and also quite serious, matter. Again, while Mr. Hoole's desire to wish this matter away is understandable, the defendant is not required to accept this new version of events, and is not required to accept any limitations on his ability to fully explore this new matter.

Again, this matter will be brought out at trial as neither Mr. Barlow nor Mr. Hoole can prevent the defendant from question all of the witnesses involved about these matters during the trial. Obviously, this matter can be dealt with more efficiently at trial if, as the rules of criminal discovery clearly contemplate, the issues are narrowed and the factual matters are fully explored during the pretrial discovery. Accordingly, the defendant categorically rejects the proposed limitations Mr. Hoole is suggesting for Mr. Barlow's interview. In addition, the defendant specifically objects to Mr. Barlow's interview being conducted in St. George, Utah, at Mr. Belnap's offices. Indeed, the defendant's request to depose Mr. Barlow in Salt Lake City was specifically designed to accommodate him and his attorney. Ms. Shannon Price will interviewed in Salt Lake City where she lives and works, the prosecutor and defense counsel will be present in Salt Lake City for this interview, Mr. Hoole's offices are in Salt Lake city, and it was thought that Lamont Barlow did reside or currently resides in Salt Lake city although counsel is not certain. Mr. Hoole will presumably be present for Mr. Barlow's interview and he is certainly free to bring to the interview whatever transcripts he wishes.

This is av very serious matter when the executive director of Diversity, an entity that has worked diligently to harm Mr. Jeffs and other FLDS members, feels compelled to advise the previous prosecutor of Mr. Jeffs, Washington County Attorney Brock Belnap, that (Elissa Wall*), the same accuser in this case, had lied during the Warren Jeffs trial. She later provided additional information regarding statements from Lamont Barlow and creation of a false document relating to (Elissa Wall's*) medical records. Lamont Barlow, after consultation with his and (Elissa wall's*) counsel, provides an affidavit claiming she is mistaken. Defense counsel is entitled to explore this very serious matter and also to explore what, if any, communications any of these parties had with third parties discussion these issues. The witnesses' positions can be clarified during the interview process so that the matters can be presented properly at trial. It would not be fair or appropriate to deny the defendant the right to investigate such serious allegations made against the key witness and accuser of Mr. Jeffs and certainly should not be limited by artificial restrictions proposed by their lawyer who is highly motivated to limit the disclosure of information.

For the foregoing reasons, the defendant, Warren Jeffs, by and through his counsel undersigned, hereby respectfully requests this court to order the deposition of Lamont Barlow to take place on March 16, 2010, at Parsons, Behle & Latimer, One Utah Center, 201 South Main Street, Suite 1800, Salt Lake City, Utah 84111, following the interview of Shannon Price. See proposed order attached to Motion for Deposition of Witness Lamont Barlow.

RESPECTFULLY SUBMITTED this 1st day of March, 2010.

(1. Arizona, of course, does not recognize through rule, statute, or decisional law, any such privilege for a "client representative," outside the context of some sort of organization or entity. As noted in the defendant's pleadings concerning depositions Diversity Foundation's founder Dan Fischer and Mr. Sam Brower.)
*In the PDF found at Mohave County, there is no name appearing here. It is almost certainly that of Ms. Wall.

** In the PDF found at Mohave County, the word is actually "is," and I have substituted "in," believing it to be a typo.
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Wanna know exactly how I feel about Rick Perry's primary win?

I don't like his opponents very much, that's one angle.
"Crusty" covers it, exactly. As I am fond of saying, when someone else says it, you just point. Joan Baez also weighed in on the topic about 40 years ago, calling politics a choice between cancer, and polio.

Well actually, it was the Rolling Stones, but I like putting the words in Joan Baez's mouth, better. It's where I first heard them.
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Tuesday, March 02, 2010

Conn indicates strong inclination to Depose/Interview Lamont Barlow (UPDATED)

I'm guessing Judge Conn is saying; do it voluntarily or be subpoenaed. (UPDATE, the AP agrees with the Modern Pharisee's analysis).
"Counsel for the Defendant has filed a Motion for Deposition of Witness Lamont Barlow in CR-2007-0743and requested oral argument as soon as possible. The State has filed a Response seeming to indicate that Mr. Barlow does not have any objection to granting another personal interview, presumably limited to the issue identified in defense counsel's motion. If he is willing to grant a personal interview, then he is not subject to being deposed pursuant to Rule 15.3 However, the Court can understand that counsel would like this issue resolved before arriving in Salt Lake City on March 16th, 2010. The Court will probably be inclined to order Mr. Barlow to submit to a deposition on or about the above date but only if he refuses to grant a personal interview and only to cover the issue identified in the defense motion.

IT IS ORDERED setting this matter for hearing on the above motion on Friday, March 5, 2010. at 830 a.m.

The Court will not provide for the presence of the Defendant at the above hearing unless specifically requested by defense counsel at least 24 hours in advance.

Counsel for the Defendant having filed a Request for Omnibus Hearing in each case,

IT IS ORDERED setting these matters for Omnibus Hearing on Friday, March 26, 2010, at 8:30 a.m."
The claim of "four layer hearsay" is not impressive to Judge Conn, apparently he thinks something smells wrong and that the defense is entitled to delve a bit.

This could get tricky as Lamont Barlow is married to Elissa Wall, but there are few good options for Lamont and Elissa if she did hide something. It will start a chain of events where she will be back under oath. I assume that Warren's investigators have found something, and they're going to start asking uncomfortable questions. My information is, that whatever various FLDS operatives/investigators/lawyers have found, they are certain of their footing.

Figure it this way, Elissa Wall's rape by proxy, as "directed" by Warren Jeffs begins to fall apart a bit, since she was regarded as "believable" by the jury. If it is shown she is not believable with regard to material facts, then we will potentially start all over again. An impeached Elissa Wall, opens doors.
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Monday, March 01, 2010

Filing Day in Mohave County

It figured there would be a landslide of legal paperwork showing up on the Mohave County Site, and there is:


Motion for accelerated hearing. Piccarreta wants to expedite the hearing to depose Lamont Barlow.

Motion for Deposition of Witness. Lamont Barlow. This boils down to Matt Smith not wanting Lamont Deposed, and Michael Piccarreta wanting to depose him. It would later be Matt's argument that Piccarreta was exhausting and badgering Mr. Barlow after several "non deposition" interviews, if Lamont suddenly refused to answer a question and stopped cooperating. I can hardly blame Warren's counsel for wanting a deposition so that they can be done with this. That doesn't mean Lamont wouldn't have cooperated.

Request for Omnibus Hearing. Agreed hearing by phone to apparently expedite matters.

Matt Smith's Response to Motion. The "four levels of hearsay" response of Matt Smith. Matt says Lamont has never refused an interview and doesn't want to make it a deposition. I can only see this as potential foot dragging on Matt Smith's part. The force of deposition would make sure that everything happens on a timely basis.
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Thursday, February 25, 2010

You Talkin' to ME? (slightly updated)

I can't resist. Is Eric Nichols talking, to ME?
The San Angelo Standard-Times - "The prosecution spearheaded by Eric Nichols argued for a motion that would prevent the defense from doing certain things without approaching the bench.

One of the items regarded not allowing the defense to bring up media reports.

'This prevents lawyers from pulling up a newspaper article, magazine article or blog post,' Nichols said."
Since the Modern Pharisee has been the leading FLDS centric blog for the past year, occasionally swapping front runner status with Bill Medvecky, one has to assume that when Eric Nichols refers to blogs, he's referring to yours truly.

I accept.

LOL. Lemmings.










(I brought the inner tube.)
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Saturday, February 20, 2010

Olympic Memories, the Kaiser, 1976, Innsbruck



I've never seen better. A recent fatality in Winter Sports in this Olympic competition reminds us we are flesh and blood, and objects are hard. Franz risked his life, let it all hang out, literally, and won by a little over .3 seconds.

Franz gets in to trouble early and often in this run, the near wipe out at 2:17 on this video was what stuck in my mind when I was watching it in 1976.
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Wednesday, February 17, 2010

I lose

The question is, how far do I take this, or has it gone far enough?
I'm thinking (and praying) about it.

One of the vain hopes I have had, the longshot scenario, is that in some way in my dispute with the church over marriage, I would win a sort of stalemate, where I would be allowed to believe what I believe, and the church would view that belief with disfavor, but nevertheless, allow me to hold my views nonetheless.

Always the greater possibility would be that the church would bend every rule and forsake every scriptural principal, to silence me. Surprise surprise.

One of the strategies in dealing with the church was to take one of the elders before his certification agency and thereby apply pressure to a member of the session, and thereby lever the session.

Not exactly Biblical procedure, but we've long since departed that format. "Peacemaker Ministries" whitewashed the whole issue, let Dr. Selle see my complaint, but never let me see his answers, and judged (shock) in his favor.
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Monday, February 15, 2010

9:40 PM, February 15th, 1898

This man John Henry (Dick) Turpin was in the pantry of the wardroom when there was an explosion. He says he felt the deck under him "heave and lift." One of the first men the US Navy was later to make a Chief Petty Officer from the ranks of their African American enlistees, he made his way out of the ship, jumped in the water, had another man grab onto him, and then he was rescued.
That night it was the USS Maine (ACR-1) in Havana Harbor. Contrary to popular belief it has never been established what actually sunk Chief Petty Officer Turpin's first ship. It is widely believed that a coal bunker explosion sank the Maine. There is no conclusive evidence for that cause, or for the cause of a mine. The mine seems unlikely based on the later actions of Spanish naval personnel who rushed to the 90 survivors aid. The die was cast, and "Remember the Maine" became a battle cry that led to a war the United States was itching to have in it's then Imperialistic aims.

I am reading a bitter book by James Bradley that makes President Theodore Roosevelt out to be nothing short of a precursor to Hitler. Hence my fascination with the Maine. As bad as Roosevelt is made out to be by Mr. Bradley (who was born the year I was), the book makes some valid points. Nevertheless, it is oddly Dick Turpin, perhaps the Navy's first black Chief Petty Officer, a Master Diver, Chief Gunner's Mate and later Master Rigger that I ended up focusing on.

While Mr. Bradley fumes over the horrid things undeniably done in the run up to two World Wars, I see Dick Turpin, who later was heroic in surviving yet another Naval ship explosion on the Bennington.

Dick in older age tried to return to military service for World War II. He was an "inspirational speaker" for the US Military. He won several boxing crowns in the Navy, taught boxing at Annapolis and was known to be something of a human jungle gym in Bremerton Washington, where he later died, probably the Last Surviving member of the crew of the Maine.

Kids loved him and climbed all over him when he was on base in Bremerton. He is, as shown above, a fine figure of a man. By some accounts, he should have received the Medal of Honor for his role in saving men.

The Maine died 112 years ago. Dick Turpin lived on to reach his nineties and died March 10th, 1962, proving that the times were changing from the bitter vision of the book "Imperial Cruise." They were changing because of men like Chief Petty Officer Turpin, for whom there was no record of complaint about his lot in life. He simply went forward, being first, doing good, and having courage. Someone by which to "Remember the Maine."
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Friday, February 12, 2010

Natalie says she wouldn't talk to Brooke, (and then does)

Brooke Adams has a new post up at her blog involving documents and the UEP trust, and people getting subpoenas in Texas.
It's essentially a teaser, advertising as many of her recent posts have, the possibility, or the near certainty that Brooke knows more than she's saying, now.

This little drama may play out before I have the chance to throw in my "swag" (Scientific Wild Ass Guess), but there was this interesting little tidbit:
The Plural Life - "(Natalie) Malonis told me on Thursday she had to check with Wisan to see what she was 'at liberty' to say. No answer yet."
My guess here is that if Wisan hasn't fired her yet, it's because it's the only way to keep her mouth shut, or hope to. It is more likely that whoever Texas Blues Man is, she has terminated that "attorney-client" relationship, unless of course Wisan is the Blues.

That's not a guess, that's rhetorical by the way, and somewhat amusing to speculate.

So much for Nat's claim that she wouldn't talk to Brooke.

So did Blues get a subpoena?
"(Patrick) Crimmins told me Friday no one in his department received a subpoena.

Earlier in the week, Jerry Strickland, a spokesman for the Texas Office of the Attorney General, gave me this statement when I asked about the dictations:

'Neither OAG nor law enforcement has made these documents available to the parties to the UEP Trust litigation.'

So who in Texas got the subpoenas?"
I wouldn't believe Patrick necessarily. He is a convincing liar, based on direct experience, and making the mistake of believing him. That's once Patrick.

But assuming it is true, as it is possible that no one got such a subpoena in Texas Government. Apparently from what Brooke is saying, someone did.

Jerry Strickland makes Patrick Crimmins more believable.

So is one of those someone's the Blues?
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Thursday, February 11, 2010

Natalie Malonis Responds to Brooke Adams, via your Modern Pharisee

I'd say the best thing to do now Natalie, is get a lawyer, and shut up. It's too late to shut up and get a lawyer.
From an email from Ms. Malonis, to yours truly:
"Oh, by the way, in that article, it says Brooke contacted me by phone and email for an interview. That is not true. I did not receive a phone call or email from her, not that it would have mattered because I wouldn’t have spoken to her."
Swear on a stack of law books, it's genuine. I emailed a hyperlink to my previous post today, and she shot back. I'll skip the love patter that preceded the above quote. The relevant portion is quoted.

Brooke says Natalie Malonis was contacted and did not respond. Malonis says Brooke didn't email her, so she didn't respond. Except she wouldn't have responded anyway.
The Salt Lake Tribune - "(Bruce) Wisan's Texas attorney is Natalie Malonis, who was appointed to represent one of Jeffs' daughters during the child welfare proceedings. Malonis used some of Jeffs' dictations as exhibits a year ago in that case, but the dictations briefly published online this week were not introduced then.

Malonis did not return a telephone call or an e-mail request for an interview."
It's a case of she said, she said.

Rather than getting into who I believe, a reporter (yes I know to sometimes claim I am one) or a lawyer, I'm really torn.

But lets look at Nat's claim and treat it as true. That means Brooke is panicking a little, or is angry with Blues/Malonis or perhaps both. Brooke would be using her bully pulpit as a Salt Lake Tribune reporter to gain the upper hand.

Let's look at Brooke's claim, and treat it as true. Natalie is in a tough spot as she has claimed to be "TxBluesMan's" lawyer, and she's Bruce Wisan's lawyer. I dunno, could this be a growing conflict of interest as they may be spitting at each other in court very soon? Natalie can't really respond until she resolves that problem

In any case it looks like Brooke drew her gun very quickly. We all have busy days. In fairness to Ms. Malonis she could have gotten in late and found out that Brooke wrote her a nasty gram via the Tribune. But in fairness to Brooke, it didn't take long for Nat, to respond to me. Only one hour, and at 2am in the morning. Natalie was burning the late night oil.

Natalie is no stranger to conflicts of interest, having argued against herself before, in court. Perhaps she can again perform this magic, juggling the diverging interests of Wisan and Texas Lamb Chop.
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Brooke Adams continues to write about her unholy relationship

About the time that Natalie Malonis wrote me, declaring that she was "TxBluesMan's" attorney (ok, EXACTLY that time), I gave up on trying figure out the answer to the question, "who dat (blues?)"
After all I figured, anyone with Natalie Malonis as an attorney, is not all that bright. Also, having switched to "wordpress" as a platform, "Coram Non Judice" experienced a sharp drop off in readership that "Blues" (whoever Blues is), did not recover.
The Salt Lake Tribune - "Bloggers who operate the sites 'Coram Non Judice' and 'FLDS Texas' announced on Monday a new blog, FLDS Priesthood Records, where they would publish 'previously undisclosed' dictations made by Jeffs they said had been filed in an unnamed Arizona court case.

The bloggers described the dictations as containing 'the thoughts and actions of the FLDS' during a four-year period. By Tuesday, the bloggers had posted dictations from September through December of 2002 -- though one post contained dictations from January 2006 about FLDS temple ordinances and religious blessings given to members."
Now who's the attention whore? After ignoring that vacuous shill for the better part of the last 6 months, the vacuous shill is back, nose deep in hot water. It reminds me of a child who can't get attention, pitching increasingly annoying fits, until that child is noticed again.

Well Blues. You got noticed.

But wait you say; isn't this a post headlining Brooke Adams, SL Trib Polygyny beat reporter?

Why yes, it is. We'll get to that, in a bit.

It is now becoming more and more likely that TxBluesman, who we cannot even be sure is a.) a man (not that there is anything wrong with not being a man). b.) one person (as opposed to a committee), is extraordinarily connected. The blogger that started blogging right before the news became public about the "cry for help" being a "hoax of a cry" has been an unwavering and increasingly strained Anti FLDS apologist now for nearly two years. Lately Blues has been trying to pass off a court ruling, in favor of a motion to suppress as only a stipulation of the prosecution offered and accepted by the court. All from someone who writes well, but can't tell hac from hoc. So no lawyer, or not a good one, but connected and a good writer, shilling. For whom?

This smacks of a hired gun trying to make trouble on main street. Trying to get noticed. Trying to start fights. So not getting enough attention of late, Blues went on a privacy destroying document dump that possibly violates "HIPAA."

This is where Brooke Adams comes in. Brooke has favored TxBluesMan for quite some time, linking to Blues Blog (up until recently) and mentioning Blues regularly in posts. Basicly, Brooke shills for Blues from time to time. Is this a quid pro quo?

Does Blues get things that others cannot and passes them along to Brooke? I'd guess yes. Blues is a Salt Lake Tribune/Brooke Adams source. In exchange, Blues is regularly promoted, and given credibility by a major newspaper.

If Blues is a source for Brooke, then Brooke has known who Blues is for a while, or should know.

Now it seems like she wants a divorce. Blues is the story now, like Mark David Chapman became the story when he couldn't stand being a fan in the shadows any longer. Brooke Adams is realizing this (or should be), and pushing Blues away.

How can Brooke and the Tribune not report NOW, on who this shadowy character assassin is? I'm guessing the who da blues is, is going to be news soon. If not, it ought to be, because frankly, the story is now who Blues knows, why those persons have given Blues material, and why Blues writes about it so singlemindedly and without empathy for those Blues tramples. Like a hired gun.

I'm going to have to buy more popcorn. This Western is starting to get very interesting.

Will Blues "connectivity" eventually result in him winding up in court as a defendant?

Shame....

PS: The Salt Lake Tribune - (Natalie) Malonis did not return a telephone call or an e-mail request for an interview.
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Monday, February 08, 2010

Warren's Motion to Suppress GRANTED (UPDATED)

Two Three filings in Arizona.
Steven Conn:
The parties have filed a Stipulation, and good cause appearing, the Court signs the Stipulation and adopts the terms thereof.

The Court does not know whether eliminating the possibility that evidence seized in the Texas search could be used in these cases makes these cases any more ready to go to trial than before. The Court has certainly had the impression that that possibility was a major obstacle to getting these cases resolved. The Defendant has now been incarcerated in the Mohave County Jail for almost 2 years, which is ironically the maximum prison sentence he is facing in either of these 2 cases.

IT IS ORDERED directing counsel to file individually or jointly with the Court by no later than February 22, 2010, some pleading advising the Court what hearing they fell should be set next and when

IT IS ORDERED directing the Clerk to bring these files to the Court's attention no later than February 24, 2010.
The other order reads as follows:
Upon stipulation of the parties and good cause appearing,

IT IS ORDERED:

1. Defendant's motion to suppress evidence obtained in the search that occurred at property belong to the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) near El Dorado, Texas (YFZ Ranch) beginning on April 3, 2008, and continuing thereafter is granted.

2. The evidence obtained thereby is suppressed and the State agrees that it will not use any evidence obtained as a result of the search of the YFZ Ranch, directly or indirectly, in his case-in-chief, during cross-examination of any called defense witnesses, as rebuttal evidence, or for any purpose whatsoever.

3 The hearing on defendant's motion to suppress, currently set for February 17 and 18, 2010, is hereby vacated.

DATED this 4th day of February, 2010.
The way I read this, the State of Arizona's case was lost from the start, and attempted to pretend convincingly they wouldn't use the evidence, then said they wanted the evidence hearing, then tried to avoid the hearing with a meaningless stipulation, and Conn would have none of it.

The evidence is not "stipulated" as not being used, the evidence is RULED inadmissible by consent of both prosecution and defense. It is SUPPRESSED, just as effectively as if it had been argued admissible and the argument lost.

CONTRAST THAT with Barbara Walther's ramrod hearing, foot dragging and later predictable political ruling that the evidence was admissible. She's wrong. Without a Judge in your pocket, you can't win the case on YFZ evidence. Matt Smith knew that, fought valiantly to avoid that fight, but was up against a knowledgeable attorney that would have none of it.

THE EVIDENCE IS SUPPRESSED. Furthermore it looks as if the charges now might be dropped, Judge Conn is rumbling the prisoner has been in jail longer than he would sentence him for his crimes.

It's starting to look like Arizona was simply warehousing and harassing Warren. All of this comes on the deadline for appeals filing in Texas for Raymond Jessop. How timely.

Brooke Adams is now reporting it as well.
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Friday, February 05, 2010

Almost 200 Pages of filings by Warren's attorneys

I'm not even going to pretend I have my mind around it yet, but you can look.
I will too, and if I come up with something meaningful to say about it, before someone else does, I'll post on it later.

Memorandum and Supporting Evidence
(Part 1)

Memorandum and Supporting Evidence (Part 2)

It is both amusing and distressing to see that the name of "Sarah Barlow" is still being redacted, as if she exists, or could exist.
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Wednesday, February 03, 2010

Looking Good for Allen Steed

I didn't report on it at the time, but as the day (rumored) for Judge Beacham's decision approaches, I thought I might weigh in now.
This is an opinion of course, based on the facts, and I'm not the judge. In the past when I've made similar statements, I've been lambasted by the less than honest for making unqualified remarks. These remarks, are qualified.
The St. George Spectrum - " 'How does the state file information in September 2007 that they allege happened in May 2001?' (Allen Steed's attorney) asked.

(Jim) Bradshaw chipped away at the prosecution's contention the report was first made in January 2005, when Wall's boyfriend sat down to breakfast with Mohave County (Arizona) Attorney's Office investigator Gary Engels at a Hurricane restaurant and informed him of the allegations, arguing Engels is not certified as a law enforcement officer and the discussion did not constitute a formal report."
It's pretty simple, what the defense is arguing; there is a law, there is what is known as a legal report of a crime, there is a time limit. The applicable law that governs this case for reporting states a time limit for a specific kind of report. That report was not made in that time frame.

The ugly truth is that if Jim Bradshaw is right, particularly on the time frame issue. Regardless of what actually happened, there is a limit and it's been exceeded if what the prosecution calls a report, is not a report in the Court's eyes. The gavel bangs and it's "next case." The very fact that this hearing was held is proof that the defense has a credible contention. Even the prosecution, concedes this:
"(Brock) Belnap acknowledged that if the court does not regard the comments made to Engels and his subsequent vague e-mail to Belnap's office about a child bride as a report to law enforcement, then the case was not filed in time to fulfill the statute.

'If that is not sufficient, we would have to concede it is not sufficient,' he said.

The burden rests with the prosecution to prove the statute was fulfilled."
It really is refreshing to get out of Texas. Both Arizona and Utah seem to possess less hell bent for leather minds. Less "damning of the torpedoes," less "full speed ahead," or "come hell or high water." In Texas you get the impression folks think they're going to "make it happen." That's pretty macho. In St. George, Brock is honest about his chances.

I don't know the Judge in this case, but you figure he is looking over his shoulder at who will be second guessing him on appeal. He could ignore the facts and rule the way he wants to, but it will come back to haunt him, and he knows it.
"(Fifth District Court Judge G. Rand) Beacham said he would issue a written decision on the arguments at an undetermined time.

'I just have to satisfy myself that I have corralled the facts,' he said.

Belnap said a ruling in the Steed case will not directly affect the Jeffs case, although 'they would be free to make whatever arguments they wanted.' "
Belnap acknowledges that though strictly speaking, the lack of a rapist doesn't legally preclude the existence of an accomplice, it will get dicey for holding Warren's conviction together, if Allen Steed is not convicted. Charges not reported in the correct time frame means there will never be, a rapist.

It will look ridiculous to the public. It will not look like justice. It is also a case of special circumstance, and Warren can't be said in this case, no matter what the law says, to have conspired to commit an act that didn't take place, particularly if the primary couldn't be convicted because the crime was never reported in the first place.

It doesn't look to me, like reporting took place. The frothing opposition says to me often, that I'm an idiot, that the law doesn't require a perpetrator, for there to be an accomplice. Well kids, the law says a report has to be filed in a proper manner, in the proper time frame, with proper documentation to the proper kind of person(s).

It doesn't look like that happened. I say Allen Steed wins. Probably right here, and right now. If not, he'll win this later.

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Mark Shurtleff must think he's a banker, or a judge...

A while ago he thought he was going to be a Senator.
KUTV - "In a letter sent to FLDS attorneys, Mark Shurtleff says the issue must be resolved within 30 days. He suggests following a proposal from Bruce Wisan, the accountant appointed by a judge to manage the trust."
The headline on the article says he's "demanding" this of the FLDS.

Who died and appointed him God? Last time I checked this was a matter for the courts.
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Tuesday, February 02, 2010

Ba Da Boom, what went between Conn's Rebuke, and Smith's "Stipulation."

Piccarreta writes well. It's not in the dense legalese that makes motions hard to understand.
Response to Stipulation. Just when I thought it was getting dull, it get's interesting again. I am so loving how all of this makes my personal detractors (who shall remain nameless in their infrequently visited haunts) look idiotic. Matt Smith Strategy, my hiney, LOL.
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Monday, February 01, 2010

It's official, Raymond Jessop to file his Appeal

Two different sources are telling me it's done, it's done.
You heard "maybe" here last week. The notice of appeal has been sent so the actual appeal will follow soon. Within a week.
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Arizona Hearing to go Ahead on YFZ Evidence, Conn Scolds Smith

I don't think the Judge is happy with Arizona playing games.
Judge Conn Scolds Matt Smith and keeps the hearing going:
"The State has filed a pleading entitled Stipulating offered by the State in which they offer to not use in evidence at trial in these cases any evidence seized at the Texas property in April 2008 and suggesting that the Evidentiary Hearing now scheduled on the Defendant's motion to suppress evidence seized in that search on February 17, 2010, is no longer necessary. The Court does not know what, if anything, to read into the fact that this offer is being made in the form of a pleading filed with the Court rather than a communication with opposing counsel. The Court recalls that the defense had expressed concerns that information derived from evidence seized in Texas might be used in this case even if that evidence itsself (sic) were not used in this case. This Court, of course, has no authority to make the parties stipulate to anything. The defense motion was filed more than a year ago. The Court would have hoped that if an agreement were going to be reached eliminating the necessity of a hearing on the motion such agreement could have been reached a long time ago. The Court has had the impression that the State was not exactly sure what their position was as to evidence seized in the Texas search.

The Court hopes counsel can understand its predicament. The Court has set aside a week on its calendar to resolve this issue. The Court intends to conduct the evidentiary hearing as it would a jury trial, clearing its calendar and devoting its daily calendar to this hearing until it is completed. The Court has already made dozens of scheduling decisions in other cases, many involving parties who wanted to schedule trials or other hearings as soon as possible, based on the assumption that the week of February 16, 2010, was unavailable for scheduling purposes. Unless and until the Court is advised unequivocally that this hearing is unnecessary, it will assume that it is going as scheduled. It is much easier to cancel a hearing at the last moment than to try to reschedule it. However, the Court is advised unequivocally that this hearing is unnecessary, it will assume that it is going as scheduled. It is much easier to cancel a hearing at the last moment than to try to reschedule it. However, the Court hopes that the parties will have enough respect for the Court's scheduling concerns that if this hearing is going to be vacated upon mutual consent the Court will be so advised as soon as possible.

IT IS ORDERED
affirming the Evidentiary Hearing date of February 17, 2010, on the Defendant's Motion to Suppress Evidence Obtained in Unlawful Searches of FLDS Property."
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Friday, January 29, 2010

Waste to Fuel? Bacteria engineered to eat Junk and Crap Fuel (and Sugar!)

Just infect your garbage and the fuel rises to the top!
Yahoo News - "(B)iologists in the United States say they have invented a genetically-engineered version of a humble bacterium called Escherichia coli that could provide a cheaper, more effective alternative.

It feasts on the simple sugars found in wood chips, straw and other biomass waste and secretes molecules of fuel.

'We incorporated genes that enabled production of biodiesel directly,' lead author Jay Keasling of Lawrence Berkeley National Laboratory in California said in an email to AFP.

'The engineered E. coli secretes the biodiesel from the cell, which means that we don't need to break open the cell to get the diesel out. This saves substantially on processing cost,' Keasling explained.

In addition, 'the biodiesel is insoluble in water, which means that it forms a separate phase when it is secreted from the engineered E. coli -- it floats to the top as any oil would. This also saves on processing costs.'

The study, published in the British science journal Nature, is a 'proof-of-concept' piece of research.

It did not detail any potential environmental impacts or estimates of costs.

Keasling, though, said the findings were significant enough to warrant commercial products within one or two years, provided further increases on yield are met.

The researchers further engineered E. coli to secrete enzymes that would degrade hemicellulose -- an important component of cellulosic biomass -- into its component sugars.

'The importance of this development is that the organism can produce the fuel from a very inexpensive sugar supply,' said Keasling.

More than 7.6 billion litres (two billion gallons) of biofuels were consumed worldwide last year, and demand continues to increase."
And Tastes Good Too!

When do they start? It seems as if they are saying you can throw your refuse into a pond, seed it with these little monsters and skim diesel off the top.
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(UPDATED) Arizona Says Officially: We will NOT use any evidence from YFZ

In a move severely damaging their case, and signaling they DON'T expect to win an evidence challenge, Arizona has given up YFZ evidence:
This has several effects, one is that the FLDS lose an avenue of appeal. Texas Gains (not Arizona) the advantage of not being shot in the back on YFZ evidence, by Judge Conn. Sheriff Doran will not go under oath in Court, neither will Brooks Long. There may be a dismissal of Arizona charges against Warren in the offing. Maybe not. That will have to wait.

I am told that there is an appeal already filed in the case of Raymond Jessop.

This is both good, and bad news. FLDS supporters or sympathizers would have welcomed a ruling on the evidence in Arizona. This will not happen now.

However, there is a wording at the end of the "stipulation," which says "at this TIME." This may mean that Judge Conn will go ahead with the hearing, so there will be no "later time." I'm sure all of this will come out soon.

Correction: It says, "At Any Time," meaning that the State is renouncing all intent to use YFZ evidence.

Still, I'd watch for them to try to "back door" the evidence in some other way, such as trying to use the trial records in Texas, or perhaps Michael Emack's "no contest" plea. This is where not being a lawyer really puts me in the dark.

Nevertheless it seems that various government entities REALLY don't want Long and Doran under oath on a witness stand. Why would that be?

All of this is very curious, because back on November 24th, Matt Smith and essentially said "let's dance" when it came to the evidentiary hearing, now he says "don't bother."

UPDATE: I am told if Judge Conn SIGNS the stipulation, the hearing is off. Apparently, he must agree to this stipulation.
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Wednesday, January 27, 2010

Obama:

He just said:
"What keeps me going....."

Yeah, the crowd is wondering what keeps you going too Barry.
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Tuesday, January 26, 2010

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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Saturday, January 23, 2010

Bring it on, part II

Just to give you an idea of how obsessed these people are, and how badly they need a devil, I will refer to a blog that I really prefer that you never visit.
Sometimes though, you're not completely useless, you can always serve as a Bad Example.

Some observations. In the above thread I am mentioned numerous times. The number of inaccuracies are rampant.

First, though these are no in particular order of importance. I knew Randy Weaver, to paraphrase slightly, I am no Randy Weaver. I find him a fascinating character and I emphasize the word "character" and deliberately endow it with double meanings.

I doubt Randy Weaver remembers me by name. I helped arrange for financial transactions with Randy after Ruby Ridge as part of my job. By this time Randy had won his case, and a lot of money in the process.

My evaluation of Randy is as follows:

He is in essence a good time party boy with strong political beliefs. The evidence of my eyes and personal experience is that the constant salutation assigned to Randy; "White Supremacist," is not apropos. He was a small time gun dealer in Idaho who was targeted as an example. Had he been arrested quietly in town, no one would have died, and Randy would have been in and out of jail by now, and we'd never have known who he was. Instead, Randy was ambushed in the woods on the way to his house, and the ensuing lethal misunderstanding made him something of an Icon.

I had a chance to observe Randy over several days during about a month to two months worth of time. I had a chance to interact with him for several hours regarding business. I was able to extract personal information from him, that he is ordinarily very reluctant to give. All of this occurred in 1996. In other words, Randy trusted me and did so in a short period of time. That's part of my tool box or skill set, it's what I do.

Later Randy went to a party of all the clients of that business over a one or two month period of time. It was a "get to know you" function for that business. That business had a motivational/organizational consultant on retainer who was in attendance and who is more African than our current President. There was alcohol on hand, and someone had brought cigars.

All night long, Randy and the consultant sat together smoking and laughing and drinking. You almost wanted to say "get a ROOM." It's hard for me to see Randy as a "White Supremacist," at least, that is not his primary motivation in my experience. I personally think he was a crook of a minor variety that got off the charges because his family got shot up in a Law Enforcement gross over reaction and attempt to make an example out of him, and his family. I often use my short relationship with Randy as an illustration of public perception vs private reality.

I will say this: I knew Randy, you probably have never met the guy. I'll play my trump card of knowing him over your sound bite use of his name any day. I am not now, nor have I ever been, a racial supremacist or a Nazi. Period. I have in the past made the mistake of commenting at a Nazi site not KNOWING they were Nazi's and I got out as fast as I got in.

Two. My wife is off limits you idiots. Leave her alone. Don't even comment on her. This is a warning. Should ANYTHING you say or do spill over into the reality of her life you're in deep yogurt so to speak (one of my father's favorite pet phrases). My wife ranks as the best thing that's ever happened to me personally, outside of salvation. I regard myself as literally owing my life to her. She is an intelligent but private person. She holds NUMEROUS degrees. She speaks SEVERAL languages. One of her degrees is from a school of near Ivy League reputation. Many of the personnel working at the White House over the last 30 years graduated from the same private institution. She was in her youth, a near Olympic caliber athlete. Absolutely none of what I just said is an exaggeration. It is spot on true as well as the following: She is none of your business and doesn't want anything to do with you. She is entirely aware of what I think and do. I love her deeply. Leave her alone. I will be on you LEGALLY like a heat seeking missile if you let your casual remarks and stalking bleed over into her life. That goes for any family member. I have used none of their names except for my jailbird son. None of them have aligned themselves with me publicly. My passion is not their passion. That has nothing to do with whether they agree with me or not. Some of them do, some of them don't.

The Christian (Protestant) Reformation began in disagreement over doctrine. It is right and proper for us in the Reformation tradition to disagree over sincerely held beliefs. I am in fact in closer alignment with the father of the Reformation, Martin Luther, when it comes to my stance on polygyny. I have reached a public phase of my dispute with the denomination with whom I fellowship. I have been very disclosure oriented with regard to that dispute. It is my belief they violate their own procedures through secret meetings and secret accusations. There is no declared requirement of belief on the institution of marriage for membership in the Orthodox Presbyterian Church, and as such it would have no more declared impact on my sincerity of belief than a dispute over Baptism.

The various Presbyterian Denominations are not AUTHORITARIAN in their Governance like the Roman Catholic Church for instance. Right or wrong, there is no mechanism for dispute of what constitutes Orthodoxy for the rank and file parishioner in the RCC. This is quite different in the OPC. Hence, I contend that I have been wrongfully withheld membership and am now wrongfully barred from the church by it's leadership. I am however obedient in that I have not attended since directed not to attend.

I expect to lose the conflict. I have always expected to lose the conflict should it ever have become public, as it now has. I have always harbored the faint hope that I might be accepted as a member with the understanding that the denomination I was in, did not agree with me. This looming loss provides for me, certain options that I would not have as a member of the church. None of those "options" should be seen as me contemplating or threatening or encouraging an illegal act.

Last, I do not now nor have I ever had a Criminal Record. I have never violated any law except for traffic regulations. I have never seen the inside of a court room as a defendant except in the civil matter of my first marriage (divorce) or as a defendant in a traffic violation. I have never been arrested. I have seen the inside of a jail ONCE in California because that is where they kept their fingerprint scanner. I have had my fingerprints taken on numerous occasions as part of passing criminal background checks. I have successfully passed those criminal background checks in Florida, Idaho, Montana, Vermont and California. I am on file as licensed in Montana and Vermont under the exact and same name I used here as part of the address of my blog. I have twice in my life been a registered lobbyist.

Rozita Swinton is on the doorstep of transitioning from public figure, to private figure. Her court appearance this coming Wednesday is her last regularly scheduled one intended to tie up loose ends from her 2007 guilty plea in her false reporting crime in Castle Rock in 2005. I doubt anything earth shattering will come out of it. Unless someone discovers something NEW about her in connection with some other investigation or unless Texas ACTUALLY decides to charge her with something, she's off the table pretty much. Her name will get mentioned here from time to time, as it is relevant but the FLDS know enough about her now, and her past connections and they'll pursue her, or they won't. In the final analysis, it's not my ox that got gored.

Don't suppose, you toads, that you can lay a finger on me, or my wife without trouble raining on you so hard that you will need the Super Dome for a hat. All the trouble I will cause for you will be of the entirely legal variety and done to you by an attorney, in court.
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Friday, January 22, 2010

No new tricks up Michael Emack's sleave, he goes No Contest

Michael Emack pled "nolo contendere" but preserved his right to appeal, answering a question on my mind:
The San Angelo Standard-Times - Judge Barbara Walther of the 51st District Court asked (Michael) Emack if he understood what the plea allowed him to do.

'I believe it helps me maintain my dignity,' Emack said.

He also said he understood that it allowed him to appeal. The court recognized that Emack reserves the right to appeal only in certain cases.

One case regards the lawfulness of search warrants that law enforcement personnel used to raid the Yearning for Zion Ranch outside Eldorado in April 2008 on the basis of what later turned out to be a hoax call of a girl claiming she was abused inside the community."
I had wondered about this. If you plead "no contest" can you re-open the case if the evidence is disallowed later and the answer is "yes." Depending on how long those appeals take, Michael may be out about the same time they get processed through our legal system. It apparently took making a special stipulation to reserve that right for Mr. Emack who will get seven years.

He also gives up his "right to remain silent" among others which I don't know exactly how to take. The waiver stipulation worries me:
"(Judge Barbara) Walther had Emack agree to a 'waiver of stipulation of the evidence,' saying that the evidence was accurate and could prove the case beyond a reasonable doubt."
I honestly don't know. Does this now constitute a form of testimony that can be used in other cases? Namely, that the evidence is "accurate?" Judge Walther is not a great jurist, but she is not a stupid woman either, and I'm sure the prosecution had influence on what it would accept from Mr. Emack. Greater legal minds than mine (there are quite a few) will chime in on this development and reveal what it means to it's fullest extent.

As always, it happens late on a Friday. For now it seems though, that Michael avoids the meat grinder trial, the publicity and the "perp walk." If the appeal goes badly, he won't spend too much more time behind bars than he would if it's successful.

This also means that in general, procedural issues with regard to appeal have been covered by the first two trials. There was no "grand stand" left to make at this trial, that wasn't made in the first two.

There is this fascinating tidbit as well:
"Emack has a pending bigamy case against him, and he said he intends to plead no contest to that as well for seven years to be served concurrently with his sexual assault sentence.

(Michael's) defense lawyer, Abilene attorney Randy Wilson, will reserve the right to appeal that bigamy case, stating that Emack intends to be a part of a joint motion of FLDS members that will challenge the constitutionality of Texas’ bigamy statutes."
Interesting. Plead out so that you can challenge the constitutionality of a bigamy law. My work may be done soon.

The constitutionality angle will burn the candle at one end, the evidence challenge at the other. Eventually, if the evidence challenge fails, but the constitutional angle does not, it will be argued that Texas married young women right up to the point of the raid, that were of similar and younger age than the informal brides of the FLDS. I suppose the argument would then be, "I wasn't asking to do anything wrong, I was just forbidden to do what was my right by the state of Texas." Texas can hardly argue it doesn't want young girls having sex, when it's marrying them off. All they can say is they don't want young girls having sex with older men who have another wife, and that will be an unconstitutional restriction.
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Wednesday, January 20, 2010

Brooks Long and David Doran are issued Criminal Subpoenas

Along with Bill Loader and Allen Pashano.
They can be found at the Mohave County Site. They were issued by request of Michael Piccarreta and are for February 17th, 2010.

Allen Pashano is the Mohave County Sheriff. Bill Loader is a retired probation officer from Arizona.
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Tuesday, January 19, 2010

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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Marty Braemer "Borrowed" Money from the Fort Plain Little League?

I now have corroboration.
The dispute is over whether or not he "Borrowed" the money, or just took it without permission. I stress that Marty could offer a convincing denial. The best way to be convincing of course, is that you didn't do it, and Marty may not have.

Allegedly from one side of the story, Marty is supposed to have said he did not think "borrowing without permission" was "embezzling."

The other side of the story suspects he had some form of permission. I have emailed Marty Braemer several times on the story, he will not comment.

The original tip of the iceberg appeared in "Upstream." Dan Weaver should get the credit.
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Monday, January 18, 2010

I'm just sayin' (UPDATED)


This may seem like an odd topic for me to comment on, but it's not.
Upstream reports:
"(S)omeone absconded with money from the Fort Plain Little League during 2009."
At this point, I have to warn two things. It's a rumor that the money is missing, but it's a fairly official and reliable rumor that I don't have first hand.

The other thing? I've pinged two people in a position to know, one of them being the "prime suspect," and they haven't answered.

The Fighting Fundamental Forums have speculated on who they think it is. I caution, this is by no means certain. I'd say there's at least a 50% chance it's someone else, but their candidate is one of the people I pinged, and he's a past president of the Fort Plain Little League. He might at least be in a position to know something.

UPDATE: Former Pastor of Fords Bush and Fort Plain Little League Former President Marty Braemer is the suspect.
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Sunday, January 17, 2010

Confronting the Church on Marriage, Part V

The following is cross posted at "Vermont Polygamy." When we last left off, I promised to take up this discussion, interacting with Hebrew Language professor Stewart "Woody" Lauer on the topic of "Elder Monogamy," and his surprise admission. That was last year, then several stories I had been following blew up, and dominated my time.
Sorry about that, it is hard for me at least, to maintain burning intensity of interest on several fronts at once, I don't know about you, but that's me.

I had written the following for public consumption about 6 years ago, and had sent it to the session of my church in April of last year, who then sent it along to Dr. Lauer. It is the argument based on the supposed argument that Elders are to be monogamous. It's a sort of "AHA!!" contention that is offered to polygyny proponents by monogamy only proponents. I lay aside the contention of some that the Greek word "mia" is mistranslated for a variety of reasons, not the least of which is that calls our translations into so much disrepute that we would have to all go learn Greek and Hebrew to continue the discussion. I'll accept, at least for the sake of discussion with the OPC, Dr. Lauer, and the COPC session that it means "Husband of One Wife."
"Elders are to be husbands of one wife" Again, "dicto simpliciter." This is a condition of office, not a rant against polygyny. Again, take a deep breath. The argument using this verse employs the notion that it is an ideal to be striven for. Credible, until you realize you've just said women are sub creatures. Besides it's virtual proof that there were polygynous couples in the early church. Otherwise why say anything about it?
Remember this is a talking point, designed to get the conversation going. There is a great deal more to talk about on the polygyny side of the argument, and perhaps we will get to those other points. The most significant contention I make here, is conceded outright:
Dr. Lauer - "I agree with the last two sentences, above."
I've highlighted what he agrees with. First some housekeeping. I hadn't noticed in 6 years that I said something incredibly silly that NO ONE has ever picked up on. "Polygynous couples?" That should be families, not couples but the concept of the adult component of family being a "couple" is so deeply embedded in our culture, that I said it, repeated it, didn't pick up on it, and no one did for all that period of time where I have used that form of the argument as a "foot in the door" when discussing polygyny.

Dr. Lauer concedes without a fight that one of the major contentions of many "monogamy only proponents," that "polygyny is not mentioned in the New Testament and not present in the early church" is completely false. They were there, that's it, and from my point of view at least, the practice was so unremarkable that it's only mentioned in passing. Indeed, if you were to ask of a Disciple why they never mention polygyny as part of a claim they didn't, because they were downgrading the practice, you'd get a really weird look, like "we didn't mentioned beards either, dummy."

All of what I am doing here, has now come to light in my church over the issue of membership. After months of stonewalling me on membership, I went to the congregation and said "they won't let me join" and the church responded with an email in which they said the following:
"(Our refusal to allow Hugh to join) involves (him) both believing and publicly advocating, especially via the internet, a position that that is so seriously sinful that no church throughout all of Christendom accepts it."
Which makes you wonder if they even read the response they contracted with Dr. Lauer, to write.

The position was "so seriously sinful" that Paul, the apostle, whose writings are the ones on which we base doctrine and church governance, didn't think it was even important enough, to mention. He doesn't mention it in the face of SPEAKING to congregations in which he looks out over the church, identifies and sees (and knows) men who are in church, with several of their wives in tow.

In the past a friend (now deceased), of mine and I had remarked to one another, if we ever got past the first rung of church elders, and reached the "intelligentsia" round, very quickly many of the arguments routinely raised and fervently held to, would be dropped. That drop was audible. Dr. Don Dean and I have had discussions with prominent theologians who admit in one way or another, privately, that our arguments are not unsound, they just won't sell in the church. In Dr. Lauer's response through the session of COPC a number of such concessions occur. This is one of them.

It is in fact powerfully convincing that polygyny is an acceptable practice when it's going on right in front of Jesus, his disciples and the growing church in the New Faith. It's going on, and the disciples and apostles say NOTHING whatsoever about it except that Paul seems to be saying "If you have a polygynous man in church, don't make him an elder."

Woody goes on to say that it indicates disfavor, but that is frankly impossible. Again now the first part of my contention comes back into play.
Dr. Lauer - "(I)t is clear that the apostles (representing Jesus officially; 1 Cor 14:36) viewed it with disfavor, disqualifying the man from office. This official, negative attitude toward the practice on the part of the Lord’s apostles cannot be dismissed so lightly."
There are some, who employ the phrase "it is clear" because it is precisely the opposite, it's not clear.

Dr. Lauer is easily refuted. If those disqualified from the office of Elder are viewed with "disfavor," then he is saying women are viewed with disfavor. (Elders as husbands unpacked, means among other things, elders are to be men.) Any other man that qualifies for office on marital status can be disqualified also because they are not "apt to teach." Paul himself says that teaching is a gift:
"Are all apostles? Are all prophets? Are all teachers? Do all work miracles?" - 1st Corinthians 12:29 (ESV)
This is extremely simple logic. Some of the qualfiers for office of Elder in the church have to do with morals, and indeed, on the face of it, it could very well be that being polygynous is being morally compromised, or at least "morally not quite the best thing." Elders are not to be drunks for instance, but Paul mixes up his list naming things that are merely things Elders should and should not be, but otherwise acceptable, and things that no one should be, particularly elders. A man not gifted by God to teach is not to be an Elder. A woman, no matter how she is gifted, is not to be an elder. Neither are viewed with disfavor, it does not logically follow that a polygynous man is viewed with disfavor. We know from other passages of scripture that drunkenness is a bad thing, there is no such corresponding scripture for a much married man.

Though the this post is short, and Woody's answer is short, it is what you do when you're trying to avoid an uncomfortable truth. Unless you change your position on the subject, you give it a short shrift and blow past it. This is what Woody does, but not before showing us a very important fact.

Polygyny is mentioned in the New Testament. It is NOT commented on, in that context, as a negative. The most important theologians in the church, Christ, and his immediate Apostles say nothing whatsoever about polygyny being wrong or substandard, even though polygyny is right in front of all them, among the believers. The most that seems to be said is; "Don't make them, and women, and people who can't teach, Elders."
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