Saturday, July 26, 2008

The Salt Lake Tribune confirms, dismissals are imminent.

The Pharisee's musing that some cases were about to be dismissed, seems to be a valid one. The Salt Lake Tribune shares that view;


"(Barbara Walther) has ordered that a massive child custody case involving a polygamous sect be split up, a move that may be the first step in dismissing some cases while investigation continues in others."


Then there is this UNAMERICAN and DISGUSTING reference;

"Walther also ordered that attorneys' requests for information gathered by the state be suspended until she adopts a discovery management plan."


A "discovery management plan?" There is nothing in our constitution about a "discovery management plan!" There is plenty about a right to a speedy trial. The "discovery management plan" is now shown to be a simple assertion that the STATE has the RIGHT TO SAVE IT'S CASE. There IS no such right to compete with the rights of the accused who are INNOCENT until proven guilty.

As innocent people they have the right to getting their lives back as soon as possible, that is what a speedy trial is all about. If you, as the state, undertake to arrest 650 people all at once, and then find out three months later that is imposing a hardship on you, that is part of the built in advantage given to defendants in this country.

In justice, the prosecution has so much power that the founders sought offsets to that power to prevent TYRANNY. They fully realized this would allow many guilty people to go free. Unfettered government power in criminal prosecution would lead to and had led to the oppression of the free, which is more noxious than the unleashed (but not as organized) criminal.

Texas, YOU stuck your hand into the hornet's nest. So far you've only managed 4 felony indictments that had nothing to do with the original premise for entering YFZ and NOTHING to do with anything you saw while at YFZ. Is Discovery "unmanageable" for you right now? TOO BAD. The Founding Fathers would rather the CHILD MOLESTER go free, than the STATE be able to invent methods that infringed on the freedoms of all citizens.

That's right. The constitution of this country expressed a PREFERENCE for CHILD MOLESTERS getting away with their crimes rather than creating a justice system that could catch them all. Once again, that is because the Government that could catch them all, has been shown to, and will, OPPRESS ALL OF US with that power, and the result, believe it or not, would be ever so much worse.


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