"Mr. Stein,This is his reply:
I have several questions with regard to the Rozita Swinton case, that continues to be delayed. From where I stand this seems to be the oldest misdemeanor case in El Paso county, at this time.
Are you aware of the recently concluded CSPD IA investigation regarding Lt. Magdalena Santos and her well known (around CSPD) association with the defendant?
Are you aware of a statement made by Becky Hoerth, Rozita's former roommate in which she states that Lt. Magdalena Santos (980D) and Lt, Jane Anderson have interfered in a case or cases involving Rozita before, in her favor? This 50 page statement appears to have been generated in the first half of 2008, probably in April.
Are you aware of Rozita being used as "voice talent" for CSPD/CBI (and possibly FBI) internet sex sting operations that drew in suspects from across the Western United States? CSPD in conjunction with a task force was using phone contacts with leads picked up on the internet in which adults successfully portrayed themselves as little girls, to lure in predator suspects.
All of this looks terribly suspicious in view of the fact that the defendant sparked the largest child custody case in US history last year and in view of the fact that her attorney, former El Paso county prosecutor David Foley rather loudly stated he had "surprises" regarding the case in April of last year, a week after Rozita's arrest.
Can you let me know what is going on with this case and when it will next be on the court's calender?
Hugh McBryde
Modern Pharisee Blogspot."
"Mr. McBride [sic],I of course, told you it would be delayed, again.
The next court dates for Rozita Swinton’s case are Jan 6, 2010 for pre-trial readiness and Jan 13, 2010 for JT. Because this is a open case which is currently being prosecuted by the 4th Judicial District Attorney’s Office, I am unable to answer any further questions about this case.
Frederick Stein
Senior Deputy District Attorney
4th Judicial District Attorney's Office
719-520-6191
frederickstein@elpasoco.com "
CallOffs for Tuesday November 10, 2009If you go there, go to this page, it will be under "View Cases For Tomorrow" until sometime this morning, then it will revert to "View Today's Cases." "Called Off" does not mean "it will never happen," at least TECHNICALLY it doesn't mean that. It means IN THEORY it is being rescheduled.
CaseNumber AppearanceDate DefLastName DefFirstName Division D021 2009CR 003517 11/10/2009 Windle Emily 07 D021 2009CR 000857 11/10/2009 Rodriguez Jesus 09 D021 2008CR 005179 11/10/2009 Rodriguez Jesus 09 D021 2009CR 003056 11/10/2009 Allen-turner James 18 D021 2009CR 003389 11/10/2009 Tian-velasquez Pablo 18 C021 2008M 002726 11/10/2009 Swinton Rozita C
"While 51st District Judge Barbara Walther surveyed the prosecution’s evidence about the accusations Monday morning, Stevens regularly informed her of his numerous objections ranging from hearsay to violation of the constitutional right to freedom of religion.What? Stevens doesn't trust Walther? Her pattern is to push people up against an iron clad deadline of her own making, dropping a ruling on them and shutting them up. All the while we know what her ruling will be, only she says she hasn't made up her mind.
And Walther regularly responded that she wasn’t yet granting admittance to the evidence but just examining it, suggesting Stevens was jumping the gun.
She was also pushing to complete the punishment phase."
Free the FLDS Children - "As you recall, almost no jurors said they would consider probation for Raymond if he was convicted. OOPS!Defense attorney Mark Stevens has some sort of inscrutable strategy that I have not fully divined yet. I am not an attorney, least of all a Texas criminal defense attorney. I continue to suspect that Judge Walther has left an appeal rich trail that any attorney who likes appeals would drool over.
Since on Voir dire they stated that they would not consider probation, the Defense can ask for a mistrial, and a new Jury HAS to be chosen for the Sentencing Trial.
It’s (Barbara Walther's) plan to bring in every maggot she can find that hates the FLDS almost as much as she does. She has that right.
On the other hand, Janet (Jessop's "informal" Mrs.) has the right to speak at the Trial, and so does Raymond himself. By Texas Law, he can make a statement to the Jury just the same as he could have made a statement to (Judge Walther) if she were railroading him into prison."
November 2, 2009The letter came in an envelope postmarked November 3rd, 2009, as Raymond Jessop's trial was winding down, and right before Rozita's starts in Colorado Springs. I got it today.
Hugh McBryde
P.O. Box ****
Montpelier, VT 05601
Dear Mr. McBryde
This letter is in response to the suspicions you raised in your complaint on 09-24-09 regarding employees of the Colorado Springs Police Department.
A thorough inquiry was conducted which included a review of Department records and reports, interviews with involved employees and review of Department policies. The investigation disclosed there was no violation of Department policy nor was there any indication of inappropriate behavior by our employees.
Sincerely,
Lt. K. D. Wilson
Internal Affairs Division
Colorado Springs Police Department
The Plural Life - "Surprise, surprise. The court decided to hold a hearing today after all. I got there in the nick of time, thanks to a certain unnamed tipster. Thank you!Brooke Adams scores again. She is apparently responsible for getting Juror 12 86'd, though in retrospect I think I would have preferred that she remained, and now she scores with nosing out another Walther Friday Surprise.
Last night when we left, Judge Barbara Walther told everyone court would resume at 10 a.m. on Monday. That was the word from the Texas Attorney General’s Office, too.
But Walther changed her mind. Had things gone more quickly today, I think she was prepared to go ahead with sentencing. The jury was at the court, sequestered in the waiting room. She finally sent them home about 2:30."
"Raymond Jessop is facing 20 years in jail as a result of being convicted yesterday in Texas for sex with a teenage girl. The conviction was a result of a raid on the Yearning for Zion Ranch last year, in which over 400 children were put into foster care."There are probably less than 2000 people outside the FLDS and Texas Law Enforcement that know what really happened and this is how public opinion is shaped. The story didn't include the fact that the children were all returned. Most people don't know the big issues that were in play at YFZ for all of us, and are still fuzzy on what happened afterward. I think Brooke Adams spoke for herself as well as others about the result of the trial when she had an anonymous man who accosted her outside the courtroom respond to the verdict with one word.
The Washington Times - "Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids.Everything is criminalized now. From food, to sex to drugs to marriage, it's all regulated overmuch by the Government and you're doing something wrong, I promise you. Have we forgotten the Manna Storehouse? In a completely criminalized society, where you cannot hope to stay violation free, you're only hope is a valid search warrant standing in between you, and imprisonment. Anyone who has bothered to follow the few facts accumulated about Rozita Swinton's call to the Newbridge shelter knows that she guessed at a lot of details and out of several jurisdictions she called, only Texas eventually chose to believe her tall tales. We all laugh in theaters and watching TV at the pretense used by police to gain entry to places they cannot go. We cheer them on because they are the monolithic "Good Guys" and the script demonized "Bad Guys" have been getting away with too much anyway. Time to win one for the team.
That's right. Orchids."
"Jerry Lee Lewis had already gone through two marriages by 1957; he'd married Jane Mitcham, his second, 23 days before his divorce from his first wife, Dorothy Barton, was final. On December 12, 1957, Jerry married his third cousin, Myra Gale Brown. A lot of ink has been spilled about his close blood relationship with Myra, and the fact that she was only thirteen and still believed in Santa Claus when the pair were married. For a man from his time and place, however, marrying at thirteen and marrying one's third cousin (twice removed) were both fairly commonplace occurrences, although Lewis further complicated matters by again marrying before the divorce from his second wife was final.1957. It wasn't that long ago, I was three years old. Jerry Lee Lewis is now considered to be a bit of a rascal, a country singer, and his daughter by his union with Myra, manages his career. Now there's a pedophile for you. We too quickly forget. What is now a 20 year jail term was once commonplace and I promise you that a look back at your recent ancestry is liable to produce a similar union. Without them, we would not be here.
Lewis didn't seem to realize that this was offensive to most urban markets (and to other countries): in fact, Sun Records' Jud Phillips (brother of producer Sam) had warned him against taking Myra with him to England on his first European tour. Jerry Lee, never one to change his mind, took her anyway. When they stepped off the plane on May 22, 1958, Lewis obligingly told the British press that Myra was his wife (although he gave her age as 15 and moved up the date of their actual wedding). His bride, for her part, told the gathering that fifteen wasn't too young to marry back home: 'You can marry at 10 if you can find a husband.' "
Guilty, but you probably know that already. Lone Star Texas News - "Raymond Jessop has been found guilty of sexual assault of a child in connection with charges he married an underage girl. Jessop was a member of the FLDS Church and live on the compound near Eldorado that was raided by the state last year.The way the trial was going, it really didn't figure that the verdict was going to take long. The way I see it their minds were made up before they even heard the first word uttered in trial.
Attorney General Greg Abbott says 'the jury in State v. Raymond Merril Jessop has rendered a guilty verdict. The sentencing phase of the trial will begin Monday morning. Because trial proceedings are still ongoing, we cannot comment further at this time.'
This was the first trial stemming from that state raid."
The Salt Lake Tribune - "One document, a marriage record, showed Jessop married the then 16-year-old on Aug. 12, 2004, for 'time and eternity,' at Jeffs' home at the Yearning for Zion Ranch, where about 600 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints reside.This would seem to say that the defense is conceding that Raymond is the child's father. That really doesn't surprise me. It also may be that the defense will point to the fact that other possible candidates that were close relatives were not tested, and we don't know what those tests would have shown. If I made that argument in Mark Stevens' shoes, I would point out that we can't know what likelihood of paternity exists in another person not tested, that the state assumed too much and didn't do it's job.
Jeffs performed the ceremony, while counselors Wendell Nielsen and Fred M. Jessop were witnesses.
A dictation dated Oct. 19, 2004, said that a 'fourth home was to be built' at the ranch for Jessop, its foundation to be completed by Nov. 5 of that year.
A list dated Oct. 7, 2005, of 'Babies Born at R-17' showed names of Jessop and his alleged victim and a check mark under a column labeled 'girls.'
Hanna also read from a 'List of Nursing and Expectant Mothers,' which under Jessop's name show the alleged victim as a nursing mother in October 2005. As required by 51st District Judge Barbara Walther, names of two pregnant women and two other nursing mothers associated with Jessop were blacked out.
None of the documents were dated from November 2004, when the state alleges the alleged victim became pregnant.
Defense Attorney Mark Stevens focused on that when he asked Walther to give the jury an 'instructed verdict' that the state hadn't proved jurisdiction. Walther denied that motion."
WRAL - "(Raymond) Jessop's attorney, Mark Stevens, has argued that prosecutors failed to show that any assault happened in Texas - a necessary element in demonstrating the court's jurisdiction.
'There is no way one can draw a reasonable inference ... that this alleged event must have occurred on that ranch,' he said."
The San Angelo Standard-Times - "(Texas Judge Barbara) Walther told the seven-man, five-woman jury Wednesday evening that she expected they’d be hearing closing arguments about midday Thursday. She also told jurors to pack suitcases, and her bailiff reserved rooms for them. Once jurors begin deliberating on a verdict, Walther has decided not to allow them to separate."So they shouldn't communicate during the trial (but could) and now until the reach a verdict, they're going to jail.
The Deseret News - "Texas District Judge Barbara Walther told jurors in the trial of 38-year-old Raymond Jessop that attorneys hoped to offer closing arguments by midday.And Judge Walther apparently read his book.
June 1st, 2009 - "The UAW lynch mob is at (Ford's) gates having successfully pulled a revolt at GM and Chrysler, elbowing their way into the board room, they now have Ford right where they want them in terms of bargaining power. Ford may not have needed to go bankrupt and may complain until doomsday that they had the right to survive as the sole American Automaker, but that ship has sailed. Now they are saddled with unattractive Union commitments and costs that the other two of the big three have shed. Ford either goes slowly under the waves, or signs onto some version of what the other two have been forced to accept.I've had people come up to me on the street, at work and in Church and loudly proclaim how great Ford was because they "didn't take Government money" and get visibly agitated in some cases when I point out that Ford would go down some similar path. Not wanting to be too odious face to face, I eventually said the following:
In the end, with behavioral precedents now firmly set, when the Government comes knocking, Ford execs will likely get up, dust their chairs, pack their knick knacks in boxes and head for the doors, just like Chrysler and GM because disturbing perceived realities are now governing." (Who said that?)
September 19, 2009 - "I'm not prepared to argue with anyone (without wanting to explode at the same time) how it got that way. Let's just say there is blame to go around and it doesn't all settle on Auto Industry Fat Cats, the convenient location both those on the right and left like to place most of the blame. We have a new Little Three left over, and Ford's problems are the same as those of GM's and Chrysler's prior to both going bankrupt. All were losing money. 67% of the US auto industry going down the tubes with one remaining almost assures that the next time we're having this discussion (and there will be a next time), 100% of the Auto Industry (Ford) would be on the chopping block."Now, "the Blog Prof" says:
"Someone explain to me how this is right. GM is owned by majority shareholder the UAW. The UAW negotiates a labor contract with GM competitor Ford, refuses to make the same concessions it basically gave itself at GM, shoots down the Ford contact that would have put it on a level playing field with UAW-owned GM, and won't renegotiate. Uh - am I missing something? This coverage over at MLive seems to miss the whole conflict of interest angle in its entirety: Ron Gettelfinger: UAW membership has spoken loudly, won't renegotiate with Ford."And he points to this article:
United Auto Workers President Ron Gettelfinger says members spoke loudly last week and the union will not renegotiate with Ford at this time.Found at "Michigan Live."
Members resoundingly rejected a new contract with Ford last week, as 70 percent of production workers and 75 percent of skilled workers voted against concessions that would have made their contracts competitive with workers at General Motors and Chrysler.
'We have a political process. It's called ratification,' Gettelfinger told Paul W. Smith this morning on WJR AM-760. "We all are disappointed, but the membership has spoken.'
...Gettelfinger acknowledged Ford did not enjoy some of the benefits its domestic competition gained by going through bankruptcy. GM and Chrysler, he said, were able to reduce debt, cut dealers, walk away from liability claims and rework supplier contracts during their bankruptcies."
The official reason is to deal with his daughter's mental health issues. He has my sympathies and support, even if this is just a cover story for quitting.Fox13 - "(Mark) Shurtleff said he would suspend the campaign, to spend more time caring for his daughter, who has struggled with mental illness issues for some time. Shurtleff has been challenging incumbent senator Bob Bennett."Everybody has something to do other than what they're doing. If this paid well for instance (that means I do make money blogging), I might quit my job to pursue this full time. I might "quit my job to go help my son" if I had the time and money as well. Usually politicians who are supremely ambitious, quit because they aren't getting anywhere.
The Plural Life - "Judge Barbara Walther observed that that would also show that the alleged victim could not legally have married Raymond Jessop since she was married to someone else — a comment that seemed to make defense attorney Mark Stevens freeze up."That may very well be the case since it seemed possible for persons to become less formally married, but married nonetheless in Texas before Harvey Hildebran's bill changed law effective 2005. My friend "Toes" wrote me and also blogged on this:
"Judge Walther is willing to recognize the previous marital status of the 'child' 'victim'.
According to DFPS legal definitions the 'victim' would then be an Emancipated Minor, according the DFPS definitions :
Emancipated Minor - A person under age 18 who has the power and capacity of an adult. This includes . . . a minor who, with or without parental consent, has been married.
Texas Family Code, Chapter 5, Sec. 101.003 defines a child:
CHILD OR MINOR; ADULT. (a) 'Child' or 'minor'" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.
If the Judge (State) recognizes the previous marriage performed under the auspices of the FLDS church in a religious ceremony, the Judge (State) must also recognize the termination of that marriage under the auspices of the FLDS church and the subsequent remarriage under the auspices of the FLDS church to the Defendant.
The law regarding sexual assault of a child: Texas Statutes, Penal Code 22.011,
(c)(1) 'Child' means a person younger than 17 years of age who is not the spouse of the actor[perpetrator].
(2) 'Spouse' means a person who is legally married to another.
This throws the whole case out the window, as 1) the 'victim' was not a child by legal definition; and 2) the 'victim' was a spouse of the accused."
"DNA shows Jessop is the father and photographs and other documents put the alleged victim and Jessop at the ranch, though not yet during the critical time period."This is also critical, and I believe the jury to be stacked, and they will ignore this as well. With some judges and some trials there might be a directed verdict at the point where the state fails to "connect the dots." I don't think this will happen with Walther.
From Brooke's "Twitter" page - "Defense says most documents or photos about Raymond and other women/children are irrelevant to crime charge and prejudicial."To which the prosecution replied:
"(Texas) says such documents help make jurisdiction argument and thus are relevant."And there you have it. If Texas argues it must admit evidence for the sole reason that it establishes where Raymond Jessop was when his "Bride" (now an adult) became pregnant, then Texas is clearly saying if it can't establish in at least general terms, the location of both parents in Texas (assuming as I do that Raymond is the father), then the whole trial is moot.
