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  1. #1
    Xiphos's Avatar
    Xiphos is online now I Void Warranties
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    Texas seizure of polygamist-sect kids thrown out

    Am I the only who feels like we're the only ones who care about the community or the people in it?

    We can't make arrests without everyone in the neighborhood coming out to watch and taunt us for picking on someone.

    The prosecutors plead away good cases we are ready to try and confident we can win.

    Then when we get to put something on in front of a judge they give it away with only a slap on the wrist if anything at all.

    Anybody who has read any books like Escape by Carolyn Jessop knows this cult is abusive, physically, emotionally, and sexually. The government finally gets something together to help these children and some stupid judge is trying to send them back into that hell.

    http://news.yahoo.com/s/ap/20080522/...ist_retreat_43

    Texas seizure of polygamist-sect kids thrown out

    By MICHELLE ROBERTS, Associated Press Writer
    8 minutes ago

    A Texas appeals court said Thursday that the state had no right to take more than 400 children from a polygamist sect's ranch, a ruling that could unravel one of the biggest child-custody cases in U.S. history.

    The Third Court of Appeals in Austin ruled that the state offered "legally and factually insufficient" grounds for the "extreme" measure of removing all children from the ranch, from babies to teenagers.

    The state never provided evidence that the children were in any immediate danger, the only grounds in Texas law for taking children from their parents without court approval, the appeals court said.

    It also failed to show evidence that more than five of the teenage girls were being sexually abused, and never alleged any sexual or physical abuse against the other children, the court said.

    It was not immediately clear whether the children scattered across foster facilities statewide might soon be reunited with parents. The ruling gave Texas District Judge Barbara Walther 10 days to vacate her custody order, and the state could appeal.

    FLDS spokesman Rod Parker said sect members feel validated, having argued from the beginning that they were being persecuted for their beliefs.

    "They're very thrilled. They're looking forward to seeing the children returned," he said.

    The appellate decision technically applies only to 38 of the roughly 200 parents who challenged the seizure. But their lawyer, Julie Balovich of Texas RioGrande Legal Aid, said she expected attorneys for all the other parents to seek to join the ruling.

    "It's a great day for Texas justice. This was the right decision," said Balovich, who was joined by several smiling mothers who nonetheless declined to comment at a news conference outside the courthouse here.

    Every child at the Yearning For Zion Ranch in Eldorado was taken into state custody more than six weeks ago, after Child Protective Services officials argued that members of the Fundamentalist Church of Jesus Christ of Latter Day Saints pushed underage girls into marriage and sex and groomed boys to become adult perpetrators. Only a few dozen of the roughly 440 children seized are teenage girls; half were under 5.

    The appeals court said the state was wrong to consider the entire ranch as an individual household and that the state couldn't take all the children from a community on the notion that some parents in the community might be abusers.

    "The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the court said in its ruling.

    The court said that although five girls had become pregnant at age 15 or 16, the state gave no evidence about the circumstances of the pregnancies. It noted that minors as young as 16 can wed in Texas with parental consent, and even younger children can marry if a court approves it.

    Balovich said the appeals court "has stood up for the legal rights of these families and given these mothers hope that their families will be brought back together."

    CPS spokesman Patrick Crimmins said department attorneys had just received the ruling and would make any decision about an appeal later.

    "We are trying to assess the impact that this may have on our case," he said.

    Even before Thursday's ruling, the state's allegations of teenage girls being pushed into sex appeared to be deflating.

    Of the 31 sect members CPS once said were underage mothers, 15 have been reclassified as adults — one was 27 years old — and an attorney for a 14-year-old girl said in court that she had no children and was not pregnant, as officials previously asserted.

    Five judges in San Angelo, about 40 miles north of Eldorado, have been hearing CPS's plans for the parents seeking to regain custody. Those hearings, which began Monday, were suspended after the appellate ruling Thursday.

    The custody case has been chaotic from the beginning. The hearing in which Walther ruled that the children should all enter state custody ran two days.

    Hundreds of lawyers crammed into a courtroom and nearby auditorium, queuing up to voice objections or ask questions on behalf of the mothers who were there in their trademark prairie dresses and braided hair.

    CPS has struggled with even the identities of the children for weeks and scattered them across foster facilities all over the sprawling state, with some siblings separated by as much as 600 miles.

    The sect children were removed en masse during a raid that began April 3 after someone called a domestic abuse hot line claiming to be a pregnant abused teenage wife. The girl has not been found and authorities are investigating whether the calls were a hoax.

    The FLDS, which teaches that polygamy brings glorification in heaven, is a breakaway of the Mormon church, which renounced polygamy more than a century ago. Members contend they are being persecuted by state officials for their religious beliefs.
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  2. #2
    BigDawg's Avatar
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    Guess having sex with young girls and getting them pregnant isnt abuse in the courts eyes.
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  3. #3
    MacLean's Avatar
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    Quote Originally Posted by BigDawg View Post
    Guess having sex with young girls and getting them pregnant isnt abuse in the courts eyes.
    I didn't read it that way.

    What I read is that law enforcement made a mistake.

    When it comes to the safety of children, we need to always remember to dot our I's and cross our T's rather than rushing.

    SHOW the evidence, MAKE the good case, then your seizure of those innocents to protect them will shine as an example of good police work.

    In this case, it appears the court took issue with the lack of evidence, not the seizure alone.
    I'm your huckleberry...

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  4. #4
    Xiphos's Avatar
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    Quote Originally Posted by maclean View Post
    I didn't read it that way.

    What I read is that law enforcement made a mistake.

    When it comes to the safety of children, we need to always remember to dot our I's and cross our T's rather than rushing.

    SHOW the evidence, MAKE the good case, then your seizure of those innocents to protect them will shine as an example of good police work.

    In this case, it appears the court took issue with the lack of evidence, not the seizure alone.
    I think judges search for any technicality or any doubt (not a reasonable doubt) to kick a case. From what I've heard in the media alone, which is usually just a fraction of what's going on, there's plenty of evidence. This judge is just looking for excuses...
    Pleasing nobody, one person at a time.

    That which does not kill me, better start fucking running.

    If I lived every day like it was my last, the body count would be staggering.

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  5. #5
    MacLean's Avatar
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    Quote Originally Posted by Xiphos View Post
    I think judges search for any technicality or any doubt (not a reasonable doubt) to kick a case. From what I've heard in the media alone, which is usually just a fraction of what's going on, there's plenty of evidence. This judge is just looking for excuses...
    Oh, I take nothing away from the ability of a judge to screw up a wet dream.

    I'm just pointing out that we make these mistakes when we get hurried to do right.

    It looks like there is ten days stay to appeal the ruling. I hope that works out!
    I'm your huckleberry...

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    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  6. #6
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    You give a Judge anything to hang his hat on and the opposition will point him to it.


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  7. #7
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    People, people, people!

    You have to look at the numbers! I mean, only five children out of 400 were being sexually abused. So that's like a 1 1/20th in 100 chance that the others will get abused. I mean, this is only children we're talking about her. What's the big deal?

    I wonder if the judge would have felt the same if it was one of their children.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

 

 

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