What Just Happened with Warren Jeffs (and is Sun Tsu smiling?)

I promised "more" later. This will be a long post, as I will quote all the motions and filings made in the last week. They're short, but there are a few of them. The press is neglecting to mention their content and therefore their meaning.

First, Matt Smith's motion to dismiss, With Prejudice, which I shall "Fisk."

"The State of Arizona, by the Mohave county Attorney, hereby moves the Court for an order dismissing the Two Counts of Sexual Conduct with a Minor in cause number CR-20078-0743 and the Two Counts of Sexual Conduct with a Minor in cause number CR-2007-0953, all the charges being Class 6 Felonies, for the reason that the two victims in these cases no longer desire to proceed with prosecution in the State of Arizona for the following reasons:

(1) The Defendant has already served more jail time in Arizona than he would receive even if he was convicted of all the crimes charged;"

Correct me on this first point (someone) if I am wrong, but this goes back to February when Judge Steven Conn first uttered these words. (I'm not wrong about the preceding, but may be wrong about what comes next): As we will later learn from these filings, Warren Jeffs was only in the physical custody of the State of Arizona, he was actually being housed in Arizona, for convenience of prosecution.

This would mean that when Judge Conn stated that Warren had already served enough time (back in February), he was taking rather proactive stance, choosing to regard time served (in legal fact) in the Custody of Utah, as time served in Arizona. This put a lot of pressure on Arizona since before they would have been able to imprison Warren for whatever length of time he was sentenced, provide he was convicted in Arizona. Something that will now never happen.

If true, Judge Conn had clearly signaled Arizona that he thought their case was something he didn't want to step on in his new shoes in their "hate plig barnyard." Put another way, Judge Conn was disgusted with the prosecution and had already begun to take sides. This is a drift you can see if you start at the beginning of the public filings at Mohave County's site, and read through them.

This is rather significant stuff for another reason, as yesterday's highly slanted article in TIME magazine inadvertently lets us know:

"In June 2005, days after being indicted in Arizona on the charges of being an accomplice to sexual conduct with a minor, Jeffs fled the Colorado City, Arizona, area, home to a large FLDS community. A warrant was issued for his arrest and he was placed on the FBI's 10 Most Wanted list. Fourteen months later, he was arrested outside Las Vegas, Nevada, and began his journey from court to court and jail to jail."

These are the "Crown Jewel" charges. The charges that led to Warren Steed Jeffs being placed on the FBI's ten most wanted list. There were no crimes, they have all been dismissed. These last two cases with prejudice, as requested by the prosecutor.

(2) "The State of Texas has much more serious charges against the Defendant that involve the Defendant being the direct perpetrator of the crime, and both Texas and the victims want the Defendant to face these more serious charges as soon as possible;"

This is the purest of spin. It's ugly too. I have stated (and will stick by it) that if we were the proverbial mouse in the corner, the conversation instead, went like this:

Matt (to the witnesses/complainants): "You're unbelievable."

Complainants: "Why thanks Matt."

Elissa: (Winks) "And I'm back on the market, I changed my Facebook Status to 'Single.' Want a signed copy of my book?"

Matt: "It's not a compliment, I'm dismissing the charges and won't file them again. I never want to SEE you again."

Complainants: "You can't drop they charges, we're dropping the charges, um, because, um, Texas wants Warren, and um, that's what we want, um, MORE, yeah, that's the ticket."

Matt: "I was hoping you'd say that, now get out."

(Ok, I filled in a few blanks, but you get my drift.)

Next point 3:

"The State of Texas has already started extradition proceedings against the Defendant;"

Um, Warren isn't in the custody of Arizona. Oh well, this is probably proof that Matt is a good lawyer, and knows who he is working for, he's going to try.

(4) "The Defendant, Warren Jeffs, had significant medical problems while incarcerated in the Mohave County Jail, and the State believes that he should be transferred to another facility as soon as possible;"

This smacks of sour grapes. But it's true Captain Obvious, if Arizona is not going to prosecute, it's time to stop spending money on everything but safe and secure transport, ASAP.

(5) "Some of the State's witnesses no longer desire to testify in the State of Arizona due to the above-mentioned circumstances;"

Um, could this be because they may be pleading the 5th in a related matter very soon?

(6) "It would be impractical and unnecessary to spend taxpayer money on this Defendant under all the above mentioned circumstances;"

Yes, we know, thanks again Captain Obvious.

Now, back to the real Meat of the Motion (Apologies to Henry Glover and Lois Mann):

"The State requests the dismissals in Cause No. CR-2007-0743 and CR-2007-0953 to both be With Prejudice."

Prejudice is "opinion." If Matt had dismissed "Without Prejudice," he would mean he wants to take this up again, but the time is not right. He however, moves to dismiss With Prejudice meaning he never wants to hear about this case again and furthermore, he's asking the Judge Conn to solemnify that opinion, so that no one else can either. Like Texas' evidence collection methods were earlier ruled "Guilty," and Matt concurred, Matt Smith is now saying that Warren is "Not Guilty." Without trial. The motion could delete all the numbered reason Fol-de-Rol in between and just be condensed to this last statement, and the case numbers being dismissed. If Matt wanted to sink Elissa's ship, he could just say she didn't want to testify anymore.

"Defense Attorney, Michael Piccarreta, has been contacted and does not oppose this Motion or Order."

Der.

"RESPECTFULLY SUBMITTED THIS 9th DAY OF JUNE, 2010.

BY COUNTY ATTORNEY MATTHEW J. SMITH"

This is significant, because a hearing involving "unbelievable" witnesses was to be held the next day, and Hoole and King (Elissa's representation) were bailing on him. Matt waited until the last minute, just as he did in February, and caved. Good for him. He does work for somebody. He owes them the effort, but he caves completely, just as he did before when the jig is up. Shades of Sun Tsu.  (The General says that best strategy ends up with your opponent, surrendering without a fight.)

There is of course the page attached to this motion, the actual order, which is the real deal, and Judge Conn signs it, but not before removing an offending piece of text:

Upon motion of the Mohave County Attorney, and good cause appearing; IT IS ORDERED dismissing the charges of Two Counts of Sexual Conduct with a Minor in Cause No. CR-2007-0743 and Two Counts of Sexual Conduct with a Minor in Cause No. CR-2007-0953 With Prejudice, and exonerating the bond, if any, and quashing the warrant, if any, in this matter. SFC (initialed strike out by Judge Steven F. Conn)

DATED this 9th day of June, 2010. JUDGE OF THE SUPERIOR COURT STEVEN F. CONN"

Though your Modern Pharisee is not a Judge or Lawyer, this was either superfluous language, or an attempt to remove Judge Conn from the case. Since the court is done with a defendant when the Bond is exonerated, Warren would have been literally afoot in Arizona, with Texas wanting him. Arizona could have then detained him for extradition. At least that's the way I read it. Judge Conn is no dummy and was having none of that. He makes this clear in a separate order:

"The State has filed a Motion to Dismiss in each of these cases asking that all charges be dismissed with prejudice. Counsel for the Defendant, unsurprisingly, has indicated that he has no opposition.

The Court signs the Order Dismissing Charges as to each cause number.

The Court enters this separate Order to address what may appear to be a separate issue regarding extradition to Texas. The Court does so because the State indicates in its Motion to Dismiss that the Sate of Texas has already started extradition proceedings against the Defendant and because counsel for the Defendant has submitted in each of these cases a pleading entitled Non-Waiver of Extradition to Texas. The Court believes that under A.R.S. 31-481, the Interstate Agreement on Detainers, extradition proceedings cannot be initiated against the Defendant while he is in the State of Arizona and that he could not waive extradition to the State of Texas even if he wanted to. Under the Agreement the temporary custody which Mohave County assumed over the Defendant was only for the purpose of permitting prosecution on the charges contained in the untried Indictments which formed the basis of the detainers. Once those untried charges have been resolved, he must be returned to the sending state, in this case the State of Utah, and he cannot be held to answer a Fugitive Complaint filed in the State of Arizona alleging that he is a fugitive from the State of Texas. Any such proceedings will have to be inititiated through the State of Utah.

IT IS ORDERED directing the Sheriff to transport the Defendant back to the appropriate correctional facility in the State of Utah pursuant the Interstate Agreement on Detainers."

Several times, I have read articles that said, while Warren was in Arizona, that he was in custody in Utah, serving a sentence there. Judge Conn seems to be concurring with the notion that Arizona's custody is only physical, and he says, that Warren is on Loan from Utah, and he has to go back, per the Law. Warren can't even opt to waive extradition to Texas. That's a Utah decision, as they have had him all along, legally. Again, I point to the curiosity that Judge Conn said Warren had already served enough time in Arizona.

According to the Judge, apparently, Warren was serving it in Utah. It is not unprecedented that inmates in one State, serve that time while physically in another State. I will omit Piccarreta's filing about extradition, it's redundant in view of the Judge's concurrence. It is linked in the above ruling by Judge Conn.

Next, Michael Piccarreta's last word:

"Defendant, Warren Jeffs, does not object to any dismissal provided it is with prejudice. Defendant does object to some of the reasons provided by the State as the State has directly omitted the fact that one of the complaining witnesses has been implicated in the creation of false evidence that was introduced at Mr. Jeffs' trial in Utah. In addition to involvement in the creation of the false evidence, the complaining witness and others may have been involved in an ongoing cover-up and conspiracy."

Now we're talking. Is Judge Conn a member of the "Tin Foil Hatters" by allowing this on his record without comment? He took umbrage at Matt Smith's Faux Filings, he takes none here. Piccarreta clears his throat for the FLDS and for Warren Jeffs and states for the record that there probably is conspiracy involved. Who and what this conspiracy involves, that's a matter to be discovered, but there is a conspiracy.

"Defendant believes that the prosecution was ethically obligated to dismiss the cases with prejudice and believes that the prosecutor fulfilled his ethical duties by so doing. An additional reason for the dismissal was that there was no reasonable likelihood of conviction in either of the cases especially in light of recent developments. Defendant has and will oppose any attempts to extradite him to the State of Texas due to the constitutional infirmities and the legal inadequacy that may occur in the Texas criminal justice system."

This is Piccarreta saying "Thanks Matt," and "Nice Try."

"Further, due to the ongoing religious intolerance and religious animosity direct toward the Fundamental Church of Latter Day Saints by the State of Texas, the fairness of the Texas criminal justice process cannot be assured."

"There ain't no Justice" (TANJ) in Texas, they're religious bigots up to the level of the Statehouse. Well, that's the way I read it.

"There are additional legal and factual inadequacies in these cases against Mr. Jeffs which defendant beleives led to their dismissal with prejudice, but the defendant supports the County Attorney's decision in fulfilling his ethical duties and obligations in dismissing these prosecutions.

RESPECTFULLY SUBMITTED this 9th day of June, 2010. WRIGHT STANISH & WINKLER PICCARRETA DAVIS PC"

No really, thanks Matt, have a nice day.

What really happened? The lead cases that led to Warren's inclusion on the FBI's 10 most wanted list have now completely collapsed. Frankly I don't know of any Fugitive on that list, that when apprehended, was not convicted (barring their death before prosecution). It's an odd category, and I'll have to research it, but it seems unprecedented or at least rare to me.

That collapse is directly tied to Warren's "successful" prosecution in Utah. Elissa Wall wants him in Texas, for dang sure. She might escape or delay perjury charges in Utah if Warren is busy in Texas. Warren is going to back to Utah, and this matter will be continued there, even if we are delayed in knowing the truth because Arizona threw the case over the side to protect her.

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A man has to know his limitations. (If it was all Bush's fault, it's all Obama's fault.)

After watching Peggy Noonan blow the analysis of the Obama Presidency, someone says it loud and clear.

I'd have said it myself, but I've been busy, and besides, who'd listen? Nevertheless, here it is in a nutshell:

The Washington Examiner - "It was a surprisingly simplistic argument that, unfortunately for President Obama, has become a nihilistic genie who cannot be put back into a bottle. Having let forth the argument that the president is literally responsible for anything bad that happens during his administration, it’s a bit hard now for the public to be persuaded that it’s really not Obama’s fault that oil is spewing into the ocean off American shores."

The fact is, it isn't Barry's fault, but that's the liberal/progressive argument of big Government. Government can do this for you, it can do it quickly. It can do it nimbly. Big Government can do it the right way and we need them to do it.

Whatever "it" is, Big Government can do it. Provided you let US (liberal progressive Democrats), be your Big Government.

Well, it can't. Assuming Barack Hussien Obama is the best possible man for the Presidency at this point in time, and the best selection ever for that office, there is one fly in the ointment.

He's irrelevant.

That's the Conservative argument in a nutshell. Government, while necessary, can't do it all, and in fact can do surprisingly little. Except make an even bigger mess of things.

A man has to know his limitations. All men do. Particularly Presidents.

The author is Matthew Sheffield. Hat tip to "Instapundit."

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More on the Warren Jeffs dismissal

Folks, I have been VERY busy, just figure I'm working close to 16 hour days and it's very "hands on." I blogged during my only breaks yesterday, one of which was at Little Big Horn. Thus I have scads of analysis on the tip of my tongue (as it were) but have been unable to share it. I haven't been able to read all the docs filed at Mohave County.

The Deseret News though, makes it clear what really happened:

"Judge Steven Conn dismissed the four charges of sexual misconduct with a minor after prosecutors filed a motion Wednesday requesting the dismissal. The charges were dismissed with prejudice, meaning they cannot be refiled."

And there you have it. All the twaddle and spin you are hearing on the news, like what I heard on the Radio (CNN) is just smoke, though dangerous misleading smoke it is.

The Salt Lake Tribune - "(Arizona Judge Steven Conn) has dismissed two cases pending against Warren S. Jeffs in Arizona and ordered that he be sent back to Utah, a move that abruptly ends the state's prosecution of the polygamous sect leader and potentially puts Jeffs on a faster track to face more serious charges in Texas.

(The Judge's) ruling came after County Attorney Matt Smith filed a motion Wednesday asking that the cases be dropped so that Texas can proceed against the 54-year-old Jeffs -- something Smith said both Arizona victims want."

The truth the case is dead. More on that later. The charges were dismissed "with extreme prejudice." This is not about what the "victims want." Arizona is making sure there will never be a trial. The victims can go whistle "Dixie" if they choose, they were not consulted, they were TOLD. There won't be a trial if they change their minds, come up with new evidence, have a vision from the Almighty or any other scenario that is proposed.

The San Angelo Standard-Times - "Mohave County, Ariz., Attorney Matt Smyth (sic) filed a motion Wednesday to dismiss sexual misconduct with a minor charges against the former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). Arizona poured well more than 1,000 man hours into the investigation and prosecution of Jeffs and case dismissal comes with disappointment.

'I would say it is with a lot of regrets,' Smith said. 'We certainly wanted to have our day in court here in Mohave County, but I have to give a lot of respect to what the victim’s wishes are.'

Smith explained that the victims understand that Jeffs has already spent more time in jail in Mohave County than he could be ordered to serve if convicted on both counts and given the maximum sentence. He said neither of the victims, Elyssa (sic) Wall nor Susie Barlow, wants to go through the pressure of additional trials under those circumstances."

Bull Feathers Matt. Don't lie. Among other things a key is understanding that Warren had already spend more time in Jail than he would if convicted, in Arizona.

Another factor? It would be the Elissa Wall is no longer a credible witness.

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Arizona drops all charges.... (UPDATED)

Or so I hear. (And I heard correctly.)

I predicted this.

"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." - Modern Pharisee February 8th, 2010.

I was roundly ridiculed for this prediction, but it is fairly simple to understand. Regardless of the reasons being given, once Matt Smith and Arizona looked at YFZ evidence, and it was suppressed, every argument Arizona made was subject to the objection that it resulted from looking at YFZ evidence. It doesn't take a rocket scientist to see that, but it does take a clear eye.

Right now I am at Little Big Horn (no, really, I am, this picture was taken there today). Will Walther be a symbolic Custer? Thanks "Toes" for linking to the order. It was hard to do with my "Palm" dying on power, out in the middle of the prairie.

She also points out the other little ditty, which was that Judge Conn said no to Texas. Warren is going back to Utah, where he will likely either be released, or extradited from Utah to Texas. We'll see.

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Yet another lesson in Semantics, Abram Harker Jeffs Trial begins

As I have observed before (here or elsewhere), it's what you call it. The San Angelo Standard-Times isn't trying to prejudice the Jury, they're just naming the statute violated. (I note that when I just tried not name the motion granted at Wikipedia, I got run off.) The headline on the story reads:

"Sexual assault of child trial set to begin today." The story goes on to mention Abram could get 99 years and recalls the basic outline of the raid narrative:

"Evidence gathered against the FLDS men came from an April 2008 raid on the Yearning for Zion Ranch in Schleicher County. Law enforcement personnel searched for a woman who had called saying that she was being abused at the ranch. The authorities now believe the call to have been a hoax.

More than 400 children were put into protective custody from the ranch during their search, but they were returned weeks afterward at the order of an appellate court.

Authorities collected trailer-loads of evidence, papers, records from various buildings on the ranch. The state also collected DNA evidence, which has been used at each trial to show that the accused men fathered children by their underage victims.

FLDS defense counsel has tried to suppress the evidence gathered from the ranch on grounds that the search warrant was improper. Defense lawyers also have tried to quash indictments against the FLDS men because they say the grand jury selection process didn’t represent Schleicher County’s Hispanic population proportionately."

And again, the phrase repeated in the media like a mantra; "Authorities now believe the call to have been a hoax." Once in a while a reporter slips up and says "the call WAS a hoax," but no one will do the reporting.

It's like make-up. De-emphasize that which you don't find attractive, accentuate your best points. Anyone reading the San Angelo Standard-Times article, who is also part of the unsequestered jury, will "know" that Abram Harker Jeffs is charged with pulling his phallus out of his pants, and beating a baby girl with it. The fact that she is now an adult, didn't assist in the prosecution, and won't isn't in the headline.

The reasonable speculation that the call may have actually been arranged, is also not in the article.

If Abram's trial goes much longer than any of the others, I will be surprised, though I am hearing rumors of some new wrinkle. Most of the "wrinkles" so far have been set ups for later appeals.

How, as a God Fearing Juror, can you NOT convict a man charged with using his penis as an assault weapon against a "child?" That's why they named the crime the way they did. It's inflammatory and prejudicial. Ask "Booger Red."

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Blown Tire

A tire does an imitation of a grass skirt

Right next to Fort Plain.

Just in time, for Church. Only God has this sense of humor

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Just a Thought....

Has anyone thought of doing an Obama/Gulf Oil Spill parody yet, based on the Stones "Paint it Black?"

"I see a blue gulf and I want to paint it black. No drilling anymore, I took the permits back. No seabirds anymore, I want them to turn black."

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The unnecessary use of SWAT teams

We've seen several cases chronicled here at the Modern Pharisee, starting with YFZ.

I'll qualify this with the realization that this interview occurred on Russian Television, and that while I don't really know, I think Mr. Balko is probably a left leaning journalist. Correct me someone, if I am wrong. I'm shooting from the hip here.

Nevertheless, I am aware that "Grits" is a left leaning blog. It's interesting that if your political stance is more or less "Libertarian," that you find intersections with "left leaners" on a regular basis.

Take it with a grain of salt but I have little to disagree with in Radley Balko's analysis. I am especially drawn to his assertion that the "Military" is not this "Militarized" in their use of such tactics, that in Iraq, more review is required to do this to Iraqis.

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I didn't have anything to say about Gary Coleman

But someone else did.

The Mayor, of Mitchieville, or rather he observed the extremely edgie funniness. Gary was in comedy, if the dead observe the living, I'll go fifty fifty on whether or not Gary laughed.

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Back in Vermont

After the worst flight I've ever been on in my life, I'm back.

Unfortunately, "back" means "Vermont."

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A Question for Anti FLDS Trolls

Why is there no trial date for Allen Steed?

Wanna go to Vegas and lay down a bet that he will never be tried? Why do you think that is?

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Kurt gets to it before I do

Quoting Kurt at Contraries:

"Peggy Noonan seems bewildered in Saturday’s WSJ at the unremitting incompetence of Barack Obama during his first 18 months in office. What is more bewildering is that Peggy is bewildered."

I was going to "Fisk" the article while waiting in Seattle. I might not, now that Kurt Schulzke has gotten to it.

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Delayed! (But WAIT, there's MORE!) UPDATE is um, disturbing

Alaska Airlines flight 2349 is delayed. Departure from Missoula Johnson-Bell Field (MSO) is now estimated at 1:25PM. (Please note this does not change your original check-in time.)

For other travelers with different flights to connect with, this may represent a problem. For me, not so much, yet. My connecting flight is 10 hours from takeoff. Anyone who loves me, likes me, loathes me, and wants to meet me can still do so at the Seattle Airport. Judging from the tepid response so far, I'll be reading, not visiting.

But WAIT! There's MORE!

"Alaska Airlines flight 2349 is delayed. Departure from Missoula Johnson-Bell Field (MSO) is now estimated at 1:45PM. Estimated arrival at Seattle/Tacoma Intl (SEA) is now 2:09PM."

That is, unless it is delayed again. I have email updates and know slightly ahead of the rest of the waiting passengers that something is not going to be on time or as planned.

When half the TSA screening crew departed, that didn't look good. When the ground crew started unloading the bags off the plane a few minutes ago, it began to look like they wouldn't be flying us out at 1:45pm MDT either. Or using that plane. At least you hope they won't when that sort of thing happens.

Oh look! A new lie?

"Alaska Airlines flight 2349 is delayed. Departure from Missoula Johnson-Bell Field (MSO) is now estimated at 2:05PM. Estimated arrival at Seattle/Tacoma Intl (SEA) is now 2:29PM."

Yeah, right...

It's looking more and more as if we will be departing at 4pm (ish) based on a few hints. The explanations are either unsatisfactory or downright scary. The announcer here at Johnson-Bell Field said something about permission from Seattle to refuel the plane and an issue with a flight crew member.

Um, guys? Do you tell me things like that? Really?

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Raid Map!

The Cato Institute decided to make it visual.

See their map.

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Matt Smith says "Yes" & "No"

There is a new posting at the Mohave county site.

In it Matt Smith says the defense is right to ask for expense records of Hoole & King with regard to prosecution witnesses, one of whom is Elissa Wall, another being Jane Blackmore. Hoole & King for their part are pleading for more time, hinting that the task is difficult, which in turn suggests there were a lot of payments to a lot of witnesses for a lot of money or that Hoole & King regards the payments as impeaching their testimony or that it would lead to other questions, which Piccarreta is asking and which Matt Smith is resisting, at least for now.

Actually any one or all of the above could apply or any combination. I'll update later with a link. This was blogged from my phone.

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Ohio!

Westward Ho!

I made it as far as Cleveland. Oh joy, I could have gone through Cleveland when traffic was thin.

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Trying to get out of town with a Dodge

A Modern Pharisee's "Rig"

The Pharisee hasn't had his trailer on a road trip in about two years.

I've only put about 12,000 on my Haulmark, but it shows a lot more wear than that. That's because it has been 9 years.

Wiring McNuggets, fused pieces & parts

My Haulmark 10,000lbs GVWR tandem axle trailer got most of its miles on it while driving across the country and back two times in late 2008. It's popped two tires (one bad cornering decision on my part, maybe two) and it's needed a wheel bearing repack all the way around.

My 1993 Dodge D250 Club Cab LE Diesel has 147,000 miles on it, and I acquired it about a year before. The hitch and connector(s) were installed about the same I bought the trailer, so the wiring and connectors are about 9 years old. The last time I used them (18 months ago), they worked.

When I hooked up this time, nothing worked.

There were a variety of lingering issues under the dashboard of the truck dating back to the previous owner installing and removing various pieces of equipment. Those issues decided to deteriorate to the status of "non functional" over the last year.

While that was happening, a crack in the section of blue wire shown in the picture, was letting Vermont Road Salt in and that eventually broke completely, sometime in the last year and a half.

The connector was developing a huge wad of blue copper oxide that eventually broke the tab (but the corrosion held it in place) and it too was busted and would have withstood my amateur attempts at diagnosis for another week. Time I don't have.

The very helpful guy who flushed my radiator who solved a number of under the dash electrical issues, messed up on one with the brake controller, but I couldn't and he couldn't diagnose that, because A.) our knowledge base was too small and B.) the two other breaks down the line prevented us from knowing that.

Nevertheless I was up to a point where I was confident I could monitor another unknown mechanic/electrician in further diagnosing/repairing my wiring. If you're in the Barre and Montpelier area of central Vermont I highly recommend two places for repairing your truck and trailer.

Vermont Quick Lube where John LaCourse is knowledgeable honest and reasonable in pricing.

M's RV Sales and Service is run by Joann and Marcel. I got every hanging detail of my multiple age related wiring problems fixed there for $164.95 and now I have brakes on the trailer.

Well, I always did, they just weren't hearing it, when I said I wanted them. Now they do. Too bad they don't have a web site, but I hope if you're in the area, you visit them, if you need to buy or service something relating to your RV or Trailer.

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Mark, don't lie

It's unattractive, and I have a bigger stick to swing.

If you’re going to quote me, quote me exactly.

I said:

"If the LORD had meant for us to have Hebrew Gospels to work with, we would have them."

You characterized that remark this way:

"The fact is that if the LORD had meant for us to have New Testament texts in Hebrew to study, we would have them."

You then go on to interpret this to mean I favor some English translation of a gospel. This is not so, and I never said that.

What I SAID was that you don’t have a Hebrew Gospel, so you are not free to elevate what you believe Christ said in Hebrew (based on your scholarly investigations and the concurrence of your favorite scholars) over that which the LORD gave us, which is absolutely all he meant us to have, or he would have given us those other texts.

In other words, if the LORD meant us to have Hebrew Gospels as opposed to Greek Gospels, we’d have Hebrew Gospels.

We don’t.

The Greek in those Gospels is superior in all things pertaining to what was said because it is the only Gospel we were given, precisely as God foreordained in his perfect plan. I would make an exception only where Christ is quoting scripture, and thus we know what he quoted was, because we have it, in Hebrew.

So when you, sir, paraphrase what I said (and what you inaccurately quoted) this way:

"In other words, there is no possibility that there could be translation errors in the MY Bible."

You lie.

Furthermore, I made it clear what I did say, with this:

"My position is that in the original texts, we have all the scripture in perfect inspiration that we were meant to have. I did not make a claim that the translations were similarly inspired, but I do think they are reliable."

I then went on to make this statement, about you:

"What (you are) claiming (maybe drifting towards unknowingly) is that the Greek Gospels we have are flawed translations and (you are) pretty sure (based on concurrence with other translators or scholars) of what was ORIGINALLY written in another language and then translated to Greek.

The LORD has not abandoned us in this way. The New Testament Greek texts ARE reliable and ARE the inspired word of God. If they are not the originals, then I would assert that they were written alongside the originals by the authors that wrote the originals. Maybe Matthew was authored in Hebrew but I’d say it was authored in Greek or at least by the same author that wrote it in Hebrew or Aramaic. That’s as far as I am willing to go. We’re not waiting to find an original Hebrew or Aramaic testament to clear up the errors of translation that have crept in."

Don’t make a straw man out of me or what I said, and attack that scarecrow.

(The above is a response to a response to a closed forum discussion. Mark Call is a commenter at a polygyny oriented Christian Forum, and he has his own blog and radio show (podcast?). After the discussion was closed, Mark felt called upon to continue it at his blog yesterday. Because I follow Mark's blog, and promote it at Vermont Polygamy, I became aware that he was choosing to continue the discussion, and so I reply.)

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Goodbye Zach

Zach Thomas retires, as a Dolphin:

It was time, one too many concussions.

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Mineola Evidence Missing (Stolen/Lost/Destroyed?)

Get a load of this. If the evidence is embarrassing to Texas Sex Prosecutions, it, um becomes "UnEvidence."

The Tyler Morning Telegraph - "(Dennis Boyd Pittman's Defense Attorney Jason) Cassel wants Child Protective Services to release copies of the tapes to him to see if it might help his client. But Jason Gillentine, a CPS supervisor, testified that the tapes Cassell is requesting do not exist and he does not know what happened to them."

That was two weeks ago. Three days after that, the local TV Station reports on the goings on:

KETK/NBC-Tyler - "CPS says they don’t know where they are, and Judge Skeen says only that the defense is entitled to them, if they exist."

"IF they EXIST?" Is this code speak for "If we can't find them then tough luck?" Bill Medvecky is promising to comment on this story, which he is more intimately familiar with, than I am.

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

Toto Ruins the Show

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Abram Harker Jeffs appears to be "Go for Trial."

If they're arguing about how long they'll be in court, then I'm thinking it's a green light for the trial.

The San Angelo Standard-Times - "Defense and prosecution considered a mass of motions for several hours Wednesday for the trial of Abram Harker Jeffs, whose trial in sexual assault of a child is scheduled to begin June 9.

The motions varied from having travel restrictions on indicted members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, to being allowed to look at redactions from the prosecution, to being allowed to stop trial at a reasonable hour. Stephanie Goodman, Jeff’s defense attorney, said she hoped trial days would run from about 9 a.m. to 6 or 7 p.m."

You never know. There could be another plea deal, but that's not the vibe I'm getting, in the press or in private.

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Hoole and King about to crack open like an egg?

Roger Hoole (about to be Huevos?)

To paraphrase a bit, to make an omelet, you gotta scramble some Hoole (& King).

This week there have been some interesting filings in Mohave County. First Warren Jeffs' Attorneys filed a motion to have Hoole and King reveal financial dealings with the prosecutions witnesses. At this point, I have to again emphasize that I find prosecutor Matt Smith to be an honorable man. Smith assisted (as is his duty) the defense in requesting information on the 12th last month, and again in a second request to Hoole & King on the 28th (page 3 of the PDF) that Hoole & King disclose money paid to a witness (Jane Blackmore) that are now assumed by all, to have lied under oath. At any rate, no one (Judge Conn/Matt Smith) is protesting the language of Michael Piccarreta's motions, that Jane did lie under oath. Jane it would seem has now come clean and is scrambling to be able to come into the United States from Canada, and not be arrested and thrown in the clink, for perjury.

Hoole & King for their part, were to have replied by a deadline of Tuesday last week, and guess what? They didn't. Page four of the PDF of the motion declares that the defense and the prosecution (Matt Smith) have discharged their good faith efforts, and it's now time for the court to step in. The evidence that this is a cooperative effort of both defense and prosecution, not just in form, but in spirit, is that Judge Conn immediately takes up the motion, and grants it, and sets a date next month (not in September, the agreed upon date for resolving motions). Judge Conn states that; "(I)t seems clear that (the defense) want(s) to be heard on this motion before September 3, 2010."

On the list of those for whom expenses be discloses are Jane Blackmore, Rebecca Musser, Richard Holm, Carolyn Jessop and "any other State Witness." In some cases I imagine Hoole & King has no choice. In others, if they don't present the expenses, it may simply be that those witnesses may not appear for the prosecution.

Clearly Jane Blackmore has said something that leads Piccarreta to believe that the monies paid out to various witnesses or potential witnesses against Warren Jeffs by Hoole & King have gone beyond merely the reimbursement of expenses and have gone into the area of funneling money to those witnesses. Either that, or this is a court sponsored fishing trip. In the latter case it is the lying by witnesses and the reticence (to be polite) of Hoole & King to provide information the defense is entitled to have, that has led to the issuance of that fishing license.

A good defenses is going to take every advantage of every opportunity to peak into the sock drawer of the prosecution and it's friends. If they find something on a state sanctioned trip that they weren't looking for, that helps, this is America. The defense is always provided more latitude and given more in the way of rights than the prosecution.

Bottom line, if there is something to find inside Hoole & King and it's various clients associations with each other, and with Hoole & King, the defenses is now going to find it, or the case is going to collapse. The ruling on the "Unlawful" nature of the raid in Texas was one strut kicked out from under the prosecution's chair in February, and Matt Smith making the mistake of "looking" at YFZ evidence has severely handicapped him. Losing a list of witnesses because they won't appear or because they have perjured themselves is another leg out from under the stool.

After this expedition by the defense, it will clearly be a balancing act for Matt. The question will be, does he want to keep it up after Judge Conn told him about 4 months ago, that he's probably going to sentence Jeffs to "Time Served," even if he does get his conviction?

Will Matt be interested in warehousing Warren Jeffs for Texas in an Arizona Jail if the conviction in Utah falls apart (Elissa Wall's seeming perjury). It seems more and more clear that the foot dragging is designed to keep Warren behind bars, until the evidence already thrown out in Arizona as "Unlawfully collected" is used in Texas to convict him when he goes on trial there.

Another thing. Will Warren be out on bail by the time he's tried in Texas?

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A Blast From the Past

Let's go back in time:

US Attorney Brett Tolman

"Federal authorities have been probing allegations of crimes involving the Fundamentalist LDS Church and its leader Warren Jeffs for years — but have been unable to develop enough probable cause to launch a full-scale investigation or bring charges.
'Those cases where you hear rumor and innuendo about child brides and corruption, we have to have reasonable suspicion to open an investigation,' U.S. Attorney for Utah Brett Tolman said Thursday. 'Beyond that, we have to have probable cause to even get search warrants and grand jury subpoenas. That we have not been able to establish on numerous occasions.'

In an extensive interview with the Deseret News on Thursday (May 1st, 2008) Tolman and Tim Fuhrman, the special agent-in-charge of the Salt Lake City office of the FBI, detailed their efforts to investigate crimes within the FLDS Church. They also spoke against the need for a federal task force on polygamy-related crimes, despite a push by the U.S. Senate majority leader and the Utah and Arizona attorneys general."

That's four weeks after the raid. The FBI HAD NOTHING. They were still saying it.

Then enters the Shadowy Special Agent Johnathan Wilson Broadway? A man with Colorado Connections who neatly withholds information on Rozita's involvement from Texas Rangers, until after the raid is over.

FBI Special Agent J W Broadway, who leans on Anti FLDS forces that are not too bright, when they stray too close to sensitive material?

Brett Tolman also says:

"The crimes that are being alleged or that there is suspicion, these are predominantly state crimes. I think it's a rush to judgment to think that a federal task force is the answer."

So they have nothing at the FBI. They can't prosecute sex crimes unless they are Mann Act stuff.

"Right now, Tolman said that all his office has is suspicion and nothing more. Child abuse, rape and incest are all state-level crimes. So is bigamy.

'We have the ability to prosecute transferring or crossing state lines for purposes of sex, and we had a case a couple of years ago that we investigated,' Tolman said. 'When the young woman was interviewed, she indicated that no sex had ever occurred. At that point we're very limited outside some evidence to help us establish probable cause.' "

So we have a stymied FBI and no cry for help.

Let's go even farther back, to April 10th, the day before Special Agent Broadway "officially" hands Rozita's name to Brooks Long:

MSNBC/AP - "On Thursday (April 10th, 2008) state and local law enforcement authorities defended their decision to leave the sect alone for four years after it moved in.

'We are aware that this group is capable of' sexually abusing girls, Sheriff David Doran said. 'But there again, this is the United States. We are going to respect them. We're not going to violate their civil rights until we get an outcry.' "

Sheriff David Doran

So I guess we're waiting for a fake call to violate their rights. The FBI can't move, because outcries will be based on violations of local Law, and from the tone of this quote, Doran is feeling the pressure. It's been four years, they've got nothing.

The FBI wants at them, but complains there's that nasty constitution standing in the way. Locals want at the FLDS, but also, there's that troublesome document again.

When exactly did FBI Special Agent Broadway move to San Angelo, from Douglas County, where Rozita was convicted for faking being a little girl in distress?

Evidence dug up by the Pharisees VAST network of researchers say it was sometime after 2002. Agent Broadway appears to have been first stationed in Dallas, and then moved out to San Angelo. He seems to have lived there before, moving from Texas to Colorado and then back to Texas again, probably Dallas, and then out to San Angelo.

So he's been waiting four years too.  Are both men getting a little impatient?  I know the Doran article above makes him sound like he's wanted something to break for a while.

Did they just get tired of waiting and decide to prime the pump? Did Broadway "call someone" he knew in Colorado and "order up" a cry for help?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Road Trip On Again (I'd like to get to know you...)

I will be in the Seattle/Tacoma airport for 10 hours May 29th (Saturday, Memorial Day weekend). I will be traveling by car from Montpelier out West between the 20th (Thursday, the preceding week). Your chance to "Meet A Pharisee!"

While I am between jobs (let's hope), I am using this time to redistribute family resources (driving an antique Peugeot out west) and look for work. Purchasing the airline ticket represents the first step in giving up on the North East. I am saddened by the fact that I was only able to get thrown out of an OPC Church and that I was unable to actually Lobby in two legislative sessions here in Vermont.
I consider it instead to have been a "witness" in which I discovered that "Mainstream" Conservative Christianity will abandon any Reformation tenet in order to retain monogamy only doctrines and even regards same sex "married" couples as preferable to polygynists. This is made more sad by several other discoveries.

There are two predominant forms of Christian Polygynists. One is best described by a "live quietly beneath the radar and 'they' can't/won't get me" attitude. I have had it literally said to me that what happened at YFZ "won't happen to us." This was said on the two year anniversary of the taking of YFZ children.

The other attitude seems to be more a strange mixture of John Browns, Freemen, and the Christian Identity Movement. In this group there is a desire to draw a line and declare that "we alone know what the Constitution means and we alone know what the Bible means." This group has got a chip on it's shoulder and seeks confrontation with Federal, Local and State government.

In the case of the confrontational group, I admit to sharing a good percentage of their views in terms of Constitutional interpretation, and since it is a rather broad spectrum of views (apart from polygyny) that we share on scripture, it's harder to nail down what we believe there, except to say that there is a stink of liberalism and progressive revelation and the nastiest of cult belief.

In the latter case, that assessment is not likely to make me any friends. If correct about such people, there wouldn't be much to talk about anyway. My goal would be to seek out a true vision of what such a person was about, probably attempt briefly to dissuade them from their path, and later maybe even warn others about them, as wolves. If you'd like to sit down and talk under those circumstances, I'd love to talk.

In the former case, I see those who hide as truly, not needing to be polygynists. It's not that I think we should be out in the world stirring things up and declaring some variation of "We're Fierce, We're Polygynists and We're in Your Face," it's that if your polygyny offends your witness, you shouldn't do it. People should know you're a Christian if the topic comes up. If you have to hide, live quietly, and "live off the grid," well then you're not much of a believer, in a world of 7 billion people that needs your witness.

I am a Christian Polygynist in terms of belief and (in the past) practice. I don't smear it in everyone's face (surprisingly the internet does not count) as evidenced by the fact that I didn't tell any rank and file member of my church and they didn't find out until church leadership chose to out me. They did not know for a year and a half, and might still not know, if it wasn't for that "outing."

I think the Scriptures teach submission to authority, something we have to believe if we are Christian Polygynists. We should try to be a part of the widest possible fellowship we can, without sacrificing our Biblically based beliefs, and we should see to live openly and at peace with all, including our Government, no matter how far they have strayed from the founding principles of our nation.

I have a plan, to do that. It might be a bit of an eyebrow raiser to know that I didn't expect lobbying to make the practice legal. I do expect lobbying to play a part though.

I'd like to meet some of you, if you're along my route. As noted, I'll be in the Seattle airport most of Saturday on Memorial Day weekend. I will be driving cross country as far as Missoula Montana, starting anytime after Thursday Morning, this week. The closer I get to the Memorial Day weekend, the fewer opportunities for visiting I have. I will be more concerned as May 29th approaches, with GETTING to Missoula, than stopping to chat.

I'll even talk with enemies if they wish to surface. Though I have been at this, for almost 20 years now, I have met none of you. I'd like that to change.

Email me, hughmcbryde@gmail.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Author, Teacher, Humorist (and he neglects to mention Serial Fornicator/Adulterer)

As well as possible Little League Embezzler. Yes folks, it's Marty Braemer, again.

Indeed, I agree with Job. Beware any who believe this man has "restored" himself, for he is accustomed to do evil.

He is less than a year from his indiscretion and he markets himself as a teacher of God's people, with no mention of his failings. Paul never forgot his.

Marty on the other hand, shamelessly hawks his new book, and flaunts videos in front of all of us, made in the congregation he betrayed.

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It's finally up (That Polygamy Show)

What was it? Two weeks ago?

Here's the link.

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Free from the Pre

I'm back on the internet.

The Palm Pre Plus was great, but it was never meant for blogging, at least for someone with fingers my size.

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I win! (and an update on Internet Blindness and ROAD TRIP)

I won a book! From "Frienemy" Brooke at the Plural Life.

An update on my Computer Progress:

I was able to locate a Palm "Hack" about three days ago. After trying about 20 different things I finally "got it" that the "Hack" (misnomer in this case) is installed not on the Palm, but the "downstream" computer in the "network." My Palm becomes in essence a wireless "router" and the USB cable a direct link/power source.

When I tried to download the software (I had to move the iMac to my former employer to obtain a LAN connection), I found that a password protection protocol had been turned on. My wife's name was on it. I first tried no password and then began to nag her (not a lot really) what the password was. She said I must have it because she didn't select one or install "OS X". I said I wouldn't do it without her input (and it turned out we were both right). The password was a "null set" but the iMac will only let you use that assumption at the "User" setup page, not when actually updating software. It would seem this was Apple's way of forcing the adoption of security protocols. One of their updates in 2005 seems to have set up that utility.

Thus, as nicely as possible (oxymoron in this case?), I thinly insinuated to my wife that she locked update/download capabilities (she hates changing anything on computers and deeply distrusts software changes) and she said I must have locked myself out. You can imagine how that went (yes, though I never said she did it, I apologized many times). In the end I tried at the "User" control panel the "Null Set" assumption just to be thorough and it worked in that context, though that was after trying every conceivable password we would have used or imagined from that time period.

Voila! Four or five abject apologies later (and a real password now), I can test the "Palm Tether/Router" software and I may be online soon (or not).

After finally doing the maximum update on the iMac and bringing it up to "OS 10.4.11," I found out the "Tether Hack Installer" to get my Palm Pre Plus to emulate a router, only works on "OS 10.5" and above. "OS 10.5" will not install on an iMac of my wife's vintage. It doesn't have enough processor speed. So back to square one on the iMac, unless the developer still retains an older version of the "Tether" installer, which did not used to bar lower versions of "OS 10." I have an email into them right now. We'll see.

So, plan B and C and D or however many plans are necessary to get back on the net with a real keyboard. I can post from the "Pre," and while I don't have Jeff Beck sized hands, they are "fat fingered" enough to prevent easy usage of the Palm.

I can buy (disasterous when you're unemployed) an iMac compatible wireless adaptor.

I can revive an old laptop that came with Windows 98 (that I upgraded to XP, then downgraded again to 98) and use my PC compatible wireless adaptor.

Quirk here; the XP system disc is cracked. I would have to get a replacement from Microsoft, if possible.

I can buy a NEW computer (even scarier than the adaptor). Maybe I should say my wife can, since I am currently not a good credit risk with no job (yet) for that reason.

Also, I almost certainly (LORD willing) be traveling across the country to my daughter's house in Montana and then back again to Vermont, VERY SOON.

Great opportunity to MEET A REAL LIVE PHARISEE!!

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Downward Spiral

Today my computer died.

There was a "Palm Pre" on special at Verizon for about $40.00 that also came with a 30 day trial period, so I took it because I was going to travel cross country yesterday. That's not happening now (it was a job interview).

Unless there is a quick and easy fix, this means blogging is at best difficult now. I now have a very small keyboard best suited for racoon sized hands.

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Together, again....

Finally. "I've missed you so much."

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NO road trip

Maybe later.

And it's bad news.

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Road Trip!

The Modern Pharisee will be On The Road (again), covering about 2/3rds of the northern portion of these United States.

I won't get as far as Idaho or Washington State. Then I'm coming back here to Vermont. The Road Trip starts Saturday Morning and if all goes well (God Willing!), it will end Monday Evening. If anyone wanted to say "Hi," along the way, now's the time to let me know where you are. I'll be in New York State, a small portion of Pennsylvania, Ohio, Indiana, Illinois, Iowa (or Minnesota), South Dakota and "You Know Where." Even a teenie tiny part of Wyoming.

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Alison Mosbeck

Her trial, was supposed to take place last month. I've seen no record of any plea bargain or any trial actually taking place.

Had there been a plea bargain or trial, I have little doubt Ms. Mosbeck would have been found guilty of some sex related offense. She's not registered yet at the TXDPS site, where sex offenders must register, so I'm guessing, nothing has happened yet.

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"That Polygamy Show"

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

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

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Randall Price: Ark Discovery a Hoax! (Probably)

Dr. Randall Price-Liberty

University

Again, the law of probability attaches little cost to proclaiming the "Noah's Ark Discovery" a fake, the odds are always in the favor of the doubter:

AOL News - "In a leaked e-mail that had made the rounds on the Web, Price, a longtime ark-hunter who directs the Center for Judaic Studies at Liberty University in Lynchburg, Va., says that in the summer of 2008, a group of Kurdish laborers, hired by a local guide working with the Chinese expedition, removed several large wooden beams from an old structure near the Black Sea, then hauled them to a cave near the peak of Ararat, long thought by believers to have been the spot where Noah's Ark washed up.

Price says that those photos of the supposed ark include cobwebs in the corners of the structure's rafters, 'something just not possible in these conditions.' "

No spiders I guess, could live on Ararat. And of course, no life could live in Volcanic vents on the bottom of the ocean, and there are no lakes at the bottom of the sea with life in them nor are there Antarctic lakes beneath glaciers, with life in them.

But there are.

I fervently hope the Ark has been found. The cruelest parts of me would enjoy the good laugh that comes with such a discovery.

The green jealousy of archaeologists and academics that didn't discover the Ark, is already on display. They have no more proof that the "Ark" was hauled up piece by piece than the discoverers do, to prove the Ark is there, or at least, that proof hasn't been offered. Yet.

Those that don't believe will explain it away. Islamic crazies will probably scale Ararat to blow it up, because it is an affront to Islam since Ararat is not Mt. Judi.

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"Hutaree" conspiracy now a question mark

This disturbing familiar pattern, to arrest, allege and then flood the press with negative stories has been seen before. To me at least, it seems the pattern is repeating itself over and over again with milk, food, religion and guns.

MyWay/AP - "The members of a southern Michigan group called Hutaree have been in custody for a month. An indictment accuses them of weapons violations and a rare crime: conspiring to commit sedition, or rebellion, against the government by first killing police officers.

Prosecutors say the public would be at risk if the nine are released. But defense lawyers claim the government has overreached with a criminal case based mostly on hateful speech.

An undercover agent infiltrated the group and secretly made recordings that have been played in court. While there is talk about killing police, it's not specific. In one conversation, there are many people talking over each other and laughing.

Roberts pressed that point more than once as Assistant U.S. Attorney Ronald Waterstreet argued in favor of keeping the nine in jail. The judge suggested she didn't hear or read in the transcripts any indication that violence was imminent.

'Mere presence where a crime may be planned is not a crime. ... How does this add up to seditious conspiracy?' (US District Judge Victoria) Roberts said."

This disturbing pattern of the Manna Storehouse, Rainbow Acres Farm and YFZ continues to show up. Crimes (if there are any) are exaggerated before during and after the event, more so if the the raids are high profile, and impressions are created in the public mind about who these people are.

Can the "Hutaree" ever get a fair trial? They might ask Merril Leroy Jessop.

Was it a "Fishing Expedition" which is the overriding theme of all of the other raids mentioned here?

"Waterstreet said the government is not required to show all its evidence at this early stage of the case. He referred to the words of militia leader David Stone, 44, of Clayton, Mich., who was recorded by the undercover agent while they drove to Kentucky earlier this year."

You decide. For me, it's too uncomfortably like YFZ and Ruby Ridge. Raid, gather up everything, create a narrative later. Use overwhelming force.

Those who resist that force don't tend to do well. Ask Mrs. Weaver. Those who don't resist it eventually are charged with something. There are too many laws.

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Ark Doubters have their say

In truth, if it's not the ark that was just found, they're not Ark Doubters, they're fraud finders. Who is right? Probably the doubters:

National Geographic - "As a creationist, (Biologist Todd) Wood (director of the Center for Origins Research at Bryan College in Tennessee) believes God created Earth and its various life-forms out of nothing roughly 6,000 years ago.

'If you accept a young chronology for the Earth ... then radiocarbon dating has to be reinterpreted,' because the method often yields dates much older than 6,000 years, Wood said.

Radiocarbon dating estimates the ages of organic objects by measuring the radioisotope carbon 14, which is known to decay at a set rate over time. The method is generally thought to reach its limit with objects about 60,000 years old. Earth is generally thought to be about four and a half billion years old.

Across the board, radiocarbon dates need to be recalibrated, Wood believes, to reflect shorter time frames.

Given this perceived overestimation in radiocarbon daiting (sic), the wood the Noah's Ark Ministries International team found should have a 'traditional' radiocarbon date of several tens of thousands of years if the wood is truly 4,800 years old, Wood said.

'I'm really, really skeptical that this could possibly be Noah's Ark,' he added. The wood date is 'way, way, way too young.'

Wood thinks Noah's ark will never be found, because 'it would have been prime timber after the flood,' he said.

'If you just got off the ark, and there's no trees, what are you going to build your house out of? You've got a huge boat made of wood, so let's use that," he said. "So I think it got torn apart and scavenged for building material basically.' "

Wood has a point. Actually, more than one. In case you didn't understand his point well, let me rephrase. Wood believes that Radio Carbon dating is inaccurate and increasingly so as you go farther into the past.

Why?

Our cosmology, on which we base radio carbon dating, is all wrong. Without going to deeply into it, it is clear that if radio carbon dating shows that an object is a billion years old, but the Earth by other means can be demonstrated to be 6000 years old, then something happens several thousand years ago with carbon 14 absorption or decay that we haven't accounted for.

Another way of putting it? Carbon 14 dating is the product of a circular argument. "These rocks are 14 billion years old" says the geologist. The Carbon Dating assumption is then that the rock is 14 billion years old. It is also based on a constant rate of decay being assumed, and we haven't been observing radioactive decay long enough, to say with a certainty, that it is constant. We can't even say that Carbon 14 was present in the atmosphere in the same amounts that it is now, way back when. That's the rough form of the criticism of Carbon dating.

In short a group of amateur hoaxers may have offended the science of the group their pandering to, which are creationists and Biblical literalists.

I tend to agree that the Ark would have been building material, and not. That's a lot of wood, high up on a mountain and it was put together to withstand rough seas. Labor is in short supply, and there would be a lot of log jams as the flood waters receded. Wood is correct though, if he was saying the Ark was the only source of "processed" timber available.

In the end all the brainy explanations aren't why I think the doubters are right. It's just that the odds are in their favor. Every time one of these claims comes up, you could just say "It's a fraud" and you stand a "99.9%" chance, of being right.

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Raw Milk and Religion are Bad for you.

Food, Sex and Religion, it used to be "Sex, Drugs & Rock 'n' Roll."

The Daily Caller - " 'They came in the dark, shining bright flashlights while my family was asleep, keeping me from milking my cows, from my family, from breakfast with my family and from our morning devotions, and alarming my children enough so that the first question they asked my wife was, "Is Daddy going to jail?" '

That’s how Amish farmer Dan Allgyer described an early morning visit last week from two FDA agents, two U.S. Marshals, and a Pennsylvania state trooper. Apparently, investigating a single farmer for possibly trafficking raw milk across state lines requires a show of force.

'I became aware of the cars as soon as I walked out on the sidewalk as part of my morning routine around 4:30 a.m. and immediately said to myself something is going on,' Allgyer wrote in a statement for the National Independent Consumers and Farmers Association. 'I was watching and noticed three cars were cruising down right behind each other, and immediately thought, hey, that looks like trouble. I watched and pretty soon one car came back and parked on my neighbor’s farm, on private property.'

After tooling around, the cars showed up Allgyer’s property. 'They all got out of their vehicles – five men all together–with big bright flashlights they were shining all around. My wife and family were still asleep. When they couldn’t find anybody, they prepared to knock on the door of my darkened house. Just before they got to the house I stepped out of the barn and hollered at them, then they came up to me and introduced themselves.'

Without telling him what is was, one of the agents handed Allgyer an FDA warrant that allowed the agents to inspect Allgyer’s farm. The warrant read: 'You are authorized to take all necessary actions, including, but not limited to, the use of reasonable force, to effectuate entry to the above-named premises, the land and buildings located there, at reasonable times during ordinary business hours and to remain thereon to inspect within reasonable limits and in a reasonable manner all portions' of Allgyer’s farm."

And so the strange parallels between multiple wives, pedophilia, raw milk and Natural Foods continue. We are "Modern" now, and being "Modern" means we don't do that dumb stuff anymore.

We don't eat food from the farm.

Girls don't marry at 15.

We don't believe Noah's Ark ever existed.

King David, a "man after God's own heart" just couldn't be expected to understand that God was an ERA supporter, and that polygyny IS ALWAYS abuse. Silly creation stories outlining an order of creation as being instructive in day to day life, that's just a sign of insanity.

If you believe that dumb book Gideon is forever forgetting in Hotel Rooms, you are dangerous. Project Megiddo lives on.

If you train people to believe a thing, and turn them loose with nothing to do, well, what will they do? I think it's safe to say that the statists (the political left), see religion as a bastion of sexism, odd belief and potential violence. The name may change, but if you equip emergency responders with a mental picture of the enemy and the personnel and equipment to pursue them, they will.

And so they go about, with increasingly vague warrants based on less and less information. It's less and less hard to believe the Randy Weavers of the world when they claim not to know who their attackers are, and shoot back.

So far in the last two years, vague warrants and inappropriate force have been chronicled three times by this blog.

YFZ.

The Manna Storehouse.

And now Dan Allgyer, the Raw Milk Distributing, violence forswearing Amish Farmer of "Rainbow Acres Farm."

Hat tip to Rob Port.

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Noah's Ark Found?

Is this Noah's Ark?

I'm always enthusiastic about the possibility, because Noah's ark was a real historical object.

Since it was, the only question in my mind would be, is it still? There is no reason the Ark having once existed, still exists, but high elevation and several other factors do make it possible.

The UK Daily Mail - "The team of Turks and Chinese researchers from Noah's Ark Ministries International in Hong Kong say they made the discovery on Ararat - the biblical resting place of the ark - in October.

At a press conference yesterday to announce the discovery, another team member, Panda Lee, said: 'I saw a structure built with plank-like timber. Each plank was about eight inches wide. I could see tenons, proof of ancient construction predating the use of metal nails. We walked about 100 metres to another site. I could see broken wood fragments embedded in a glacier, and some 20 metres long.'

The structure had several compartments, some with wooden beams, the team said.

The wooden walls of one compartment were smooth and curved while the video shown by the explorers revealed doors, staircases and nails. The team said the wood appeared to be cypress although, according to the Bible, the ark was built from gopher.

The group ruled out identifying the find as a human settlement, saying none had been found so high up in that area. They are keeping the exact location secret."

I seem to remember that no one really knows what "Gopher Wood" is, perhaps now we know.

Christian Answers - "Most modern English versions of the Bible translate it as 'cypress.' This is probably incorrect and is really only a guess supported by very weak evidence. Why cypress? In trying to solve the identity of 'gopher wood,' some guessed that a transliteration might be involved ('kupar' into 'gopher'). Adam Clarke's Commentary says, 'supposing the Greek word kuparissov, cypress, was formed from the Hebrew rpg, gopher; for take away the termination issov, and then gopher and kupar will have a near resemblance.' Another supposed evidence for 'cypress' is based on the fact that cypress trees are large and strong, and in the post-Flood earth, at least, once grew abundantly in Chaldea and Armenia. Armenia is where the ark is believed to have landed, in the mountains of Ararat."

Either our Ark seekers are pandering, or maybe the modern scholarship is right, it's cypress.

I've been enthusiastic about possible finds before. There are a lot of charaltans out there in the Biblical Relic Search, but this is intriguing.

Here's a video of the find.

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One thing I think we can all agree on...

I'm not much.

And thank you Capt. Obvious, for pointing that out AGAIN. Of course, I can't be the most pathetic creature on the face of the planet, since no matter how pathetic you are, those that spend all their time talking about you have to be worse. Go ahead. Find a recent "open" thread without my name in it, I dare you.  It's sorta weird to read what you say so frequently taken out of context.  It's a lot like talking to the ex wife, which I avoid for periods of ten years at a time.

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Polygamy.Com

The Modern Pharisee TRIED to buy Polygamy.com, but failed:

I received a commitment this morning to help me purchase it, but it was not enough.

Rumor has it these winners, bought it. We'll known soon enough I suppose. Ha, ha, I'm outbid, by THAT thing?

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Game Changer

It's a whole new ball game.

The reason? I probably will NOT stay in Vermont, since today I learned I won't be working where I did work, anymore.

I have tried to make this a full time occupation, but the economic support for the effort, is less than tepid to say the least.

A recent post was geared at a fund drive of some sort, if you WANT me to do this, pretty much you'll have to PAY me to do this. It's as simple as that. I have the time now, to do anything I want, and I am answerable to no one except the LORD and the Landlord (who wants his rent in 2 weeks, and frankly, I don't have it.)

I can stay here in Vermont, and promote the legalization of Polygamy, FULL TIME if you wish for me to do so, but that now has a price tag. I can also continue to blog on other subjects.

Plain and simple, SEND MONEY, or DON'T. If the LORD wills it, it will happen. Otherwise my future goes down a different path.

MY ADDRESS:

Hugh McBryde
PO Box 433
Montpelier VT 05601

The first dime (figurative, it had better be one of those rare ones) I get, I will go down to the legislature and start doing what I need to do. Without it, I won't and I may have to board up the Modern Pharisee, at least for a while. Employers are picky, and I'm controversial. That's quite a corner to be painted into in "this economy."

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A "Blues" calls the Pharisee's wife

No really, he did.

He says I have the wrong guy, and told me to "Back off." Rather "tersely" my wife said. Oh well. This would be the Metal Detecting Blues Persona.

Exactly WHERE did he get my phone number from? Malonis has it.

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If you think I am a positive voice for Polygyny

I need something now. Not soon, now.

You may contact me at my EMAIL address, which is hughmcbryde (at) gmail (dot) (youknowwhat). There is a rather sizable investment that could be made on behalf of polygamy in general. You'd own something in return, and you would get your money back, in all likelihood. I say that because there is no way to guarantee any investment, but the normal prospects are good.

This is urgent. If you're serious about the promotion of polygamy (specifically polygyny) as an acceptable "lifestyle," contact me right away.

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