Friday, June 19, 2009

Gov. Perry VETOES SB 1440!

A big THANK YOU to the Governor, and a greater THANK YOU to all those organizations and parents who pulled together and contacted the Governor's office.

The Governor's Press Release has the action tucked away as the third item, following the signing of another controversial bill, HB 4294, which takes away power from the State Board of Education in choosing textbooks, and the veto of HB 130, a pre-kindergarten funding bill.

Gov. Perry also vetoed SB 1440, which sought to clarify narrow and uncertain guidelines set by the Gates v. Texas Department of Protective and Regulatory Services (DFPS) court case. However, the bill goes too far. It creates uncertainty about how DFPS would take children into custody which could potentially infringe on the rights of parents and guardians.

“This court-created uncertainty is real and must be addressed, however I’m concerned SB 1440 overreaches and may not give due consideration to the Fourth Amendment rights of a parent or guardian,” said Gov. Perry. “I am directing DFPS, to study the effect of the Gates decision on the ability of the department to appropriately enter a residence and, if necessary, to transport the child for interviews in a neutral location. I am also directing the department to develop and recommend statewide procedures to follow when seeking court orders without compromising the rights of parents and families.”

http://governor.state.tx.us/news/veto/12627/



Bill is reporting at flds.ws that the contact count was 17,000 asking for veto, and less than 500 for allowing the bill to stand as law.

Way to go, Texans!

Wednesday, June 17, 2009

A Paper about Conspiracies - FLDS and Island Pond

From Modern Pharisee: How the raid happened, now proven. I'm still perusing the paper, entitled:

State-Sanctioned Raids and Goverment Violations of Religious
Freedom: Revealing Similarities of Constitutional Errors in Both the 1984
Island Pond Raid and the 2008 FLDS Raid

by Jean Swankto Wiseman (Attorney, Chattanooga, Tennessee)
A paper presented at The 2009 CESNUR Conference, Salt Lake City, Utah, June
11-13, 2009

A noteworthy portion:
What children believe is in the exclusive domain of their parents.
-Wisconsin v. Yoder, 406 U.S. 232 (1972)

In 1962 the U.S. Supreme Court warned of “coercive pressure upon religious
minorities to conform to the prevailing officially approved religion.” By and large social workers do not understand such limits when working to protect children. For social workers to immediately and dramatically change the clothing style of the girls seized from the FLDS compound is telling. They somehow felt that they had the right and duty to do so. They did not and even worse, they did not know that they did not.


(emphasis added)

Texas Parents Need To Act Now - Protect Your Children!

The NCCPR Blog highlights the TexProtects group:

A group called TexProtects, The Texas Association for the Protection of Children, has put out an "Advocacy Alert" urging people to write to the Governor to ask him to sign SB 1440, that bill discussed in previous posts to this Blog that would legalize CPS' illegal behavior in cases like the FLDS raid.
Who is TexProtects? They are social workers and CASA volunteers. From their "about us" page:

TexProtects grew out of the advocacy effort of the Child Abuse Prevention Advocacy Commission (CAPAC), a Dallas based umbrella group organized specifically to advocate for strengthening CPS, especially in the North Texas Region.

That's right -- they want to give CPS MORE power. And that's exactly what SB 1440 does.

For a group that advocates legislation, they aren't very aware of the legislative process. Their Advocacy Alert urges people to write the Governor and tell him to sign SB 1440.

They don't seem to be aware that the Governor isn't required to sign the bill -- if he does NOTHING, it is law.

THE ONLY WAY for this bill not to become an enacted LAW is for him to VETO the bill by June 23. And, since he broke his collarbone in a biking accident on June 9, he's probably under the influence of pain medication, and will have an easy time of "doing nothing" about SB 1440.

So, Texas parents, take action now. Prevent your children from being traumatized by having CPS come into your home and being taken away by CPS for "questioning" when there is not enough "good cause" to present you with a search warrant.

It's easy to do. You're already on your computer. Click this link to EMAIL Governor Perry. Tell Governor Perry you want him to veto SB 1440.

And email all your friends about it, too. Seriously. Time Is Running Out.

Sunday, June 14, 2009

Another Perspective on Texas SB 1440 and Why It Deserves a VETO (Updated)

One argument I have heard concerning CPS authority is that Constitutional protections are intended for criminal law purposes, and CPS investigations are a civil matter, so the protections in the Bill of Rights do not apply.

I disagree.

The Internal Revenue Service can initiate a civil investigation as to whether you have paid your taxes honestly. In its first phase, it is called an audit. The taxpayer receives a letter in the mail requesting a meeting at an IRS office, and "bring along your records that support your income and deductions". They can ask you to do that. It is up to you to decide what records you take with you, if any at all. It's up to you to decide whether or not to take your accountant or your attorney with you to the meeting.

They don't show up at your door, gain entry without your permission, and take away your financial records so that they can examine them as part of their investigation. They would have to get a search warrant to do that. They would have to have probable cause to believe that you have committed tax evasion or some other financial crime in order to get the search warrant. They couldn't base this action on an anonymous phone tip that you are not reporting all of your income. They couldn't base this action on a single affidavit from a lone IRS agent who doesn't have to report his suspicions to a judge. The action must be based on at least two people - the IRS agent, and the judge who has the authority to sign the search warrant.

Are your tax records more important than your children?

SO WHY WOULD YOU ALLOW CPS TO ENTER YOUR HOME WITHOUT A SEARCH WARRANT AND TAKE AWAY YOUR CHILD FOR QUESTIONING AND EXAMINATION (PSYCHOLOGICAL AND PHYSICAL) WITHOUT YOUR PERMISSION?

This is exactly what Texas SB 1440 allows CPS to do.

Call or fax Governor Perry's office. Let him know you want him to VETO SB 1440.

Telephone to Governor Perry's offices:
Citizen's Opinion Hotline [for Texas callers] : (800) 252-9600
Office of the Governor Main Switchboard
office hours are 8:00 a.m. to 5:00 p.m. CST]:(512) 463-2000
Citizen's Assistance Telecommunications Device
If you are using a telecommunication device for the deaf (TDD), call 711 to reach Relay Texas
Office of the Governor Fax: (512) 463-1849
EMAIL VIA: governor.state.tx.us/contact/

Update: AFTER you contact the Governor's Office personally, sign this PETITION! -Ask Rick Perry to VETO SB 1440 . There are only 126 signatures as of this afternoon. Click the tab to send information about it to your friends. How many jokes have you forwarded to others in the past 30 days? THIS IS FAR MORE IMPORTANT! Time is running out!

Tuesday, June 9, 2009

Texas SB 1440 Press Conference

ATTENTION TEXANS
Austin attorney Jerri Lynn Ward and
Tim Lambert of the Texas Home School Coalition
will hold a Press Conference
tomorrow, Wednesday, June 10, 2009 at 1:00 PM
on the steps of the Texas Capitol
regarding Texas SB 1440
If you want Texas CPS to be coming in to your home without your permission, a search warrant or court order,
If you want Texas CPS to look at your personal records without your permission, a search warrant or court order,
If you want Texas CPS to be able to take your children away from your home, question them anywhere, and have them PHYSICALLY EXAMINED without your permission, a search warrant or court order.
then, stay at home.
On the other hand, if you value your civil liberties and believe in due process,
if you love your family and want to protect their rights,
MAKE EVERY EFFORT TO BE THERE
to show Governor Perry that you want him to VETO SB 1440!

Friday, June 5, 2009

More on Texas SB 1440 and Governor Perry

Commenters at FLDS.ws inform us that Gov. Perry does not actually have to sign this bill.
IT IS ALREADY LAW, because it was passed by more than a 2/3 majority.

Indeed Section 5 reads:

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds
of all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.
The certification states that it passed in the House on May 27, 2009 by 148 yeas, 0 nay, one present not voting; and that it passed in the Senate on May 30, 2009 by 31 yeas, 0 nay. So it's a done deal.

But the Governor must approve all legislation. Article 4 of the Texas Constitution states:

Sec. 14. APPROVAL OR DISAPPROVAL OF BILLS; RETURN AND RECONSIDERATION; FAILURE TO RETURN; DISAPPROVAL OF ITEMS OF APPROPRIATION. Every bill which shall have passed both houses of the Legislature shall be presented to the Governor for his approval. If he approve he shall sign it; but if he disapprove it, he shall return it, with his objections, to the House in which it originated, which House shall enter the objections at large upon its journal, and proceed to reconsider it. . .
If any bill shall not be returned by the Governor with his objections within ten
days
(Sundays excepted) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return, in which case it shall be a law, unless he shall file the same, with his objections, in the office of the Secretary of State and give notice thereof by public proclamation within twenty days after such adjournment.

There is some discussion also as to the underhanded presentation of this bill in the legislature,
Grits has more, and refers us to Tim Lambert's site, (President of the Texas Home School Coalition). Mr. Lambert states:
On the last day of the session, Representative Patrick Rose, chairman of the
House Human Services Committee, offered a floor amendment to SB 1440 (another bill by Watson), which was on the Local and Consent Calendar. The amendment offered by Rose was the language of committee substitute SB 1064, and since SB 1440 was considered non-controversial and the sponsor of the bill (Rose) agreed to the amendment, it was adopted on a voice vote, and the final language of SB 1440 includes the committee substitute language of SB 1064.
And Jerri Lynn Ward has an excellent suggestion, in a comment at FLDS.ws:
We believe that the vast majority of House members did not know that the
amendment was slipped into the bill as it happened on the last day of the session in a very surreptitious manner.
We are urging Texans to call their state reps to point this out and to ask that those reps call Gov. Perry about the subterfuge.
I can send 20 emails to Governor Perry and it won't matter one bit. This is a time for TEXANS to stand up.

Call your state representatives and ask them if they knew what they were voting for, when they voted for SB 1440.

Call your Governor. Tell him to veto SB 1440, according to the provisions of Article 4, Section 14 of the Texas Constitution.

TIME IS OF THE ESSENCE!

Thursday, June 4, 2009

To Governor Perry: VETO SB 1440 !!

NOTICE TO ALL TEXAS PARENTS:
TEXAS wants YOUR CHILDREN.

SB1440 has been sent to your Governor's desk. If he signs SB 1440, you LOSE.

Texans, get off your rears and contact Governor Perry's office NOW.

Tell him to VETO SB 1440.

Telephone to Governor Perry's offices:
Citizen's Opinion Hotline [for Texas callers] : (800) 252-9600
Office of the Governor Main Switchboard [office hours are

8:00 a.m. to 5:00 p.m. CST]:(512) 463-2000
Citizen's Assistance Telecommunications Device If you are using a telecommunication device for the deaf (TDD), call 711 to reach Relay Texas
Office of the Governor Fax: (512) 463-1849

EMAIL VIA: governor.state.tx.us/contact/

The Parent Guidance Center has more information about SB1440 and its ramifications. Johana Scot of that organization sent the following to the Common Room blog.

Some terrible anti-parent/ anti-family legislation (SB 1440) that allows a CPS caseworker or any employee of CPS to swear an affidavit to "aid in an investigation" that would allow them to come into your home, look at any records they want, and transport (thus taking!) your child all without your consent passed this weekend and is being sent to the governor! All families are adversely affected by this legislation that takes your 4th amendment rights away.

We need anyone and everyone in TEXAS and elsewhere to make calls to the
governor's office to ask him to VETO this bill. It gives more power than the
police have to CPS!! THEY (CPS) NO LONGER NEED A SEARCH WARRANT TO ENTER YOUR HOME WITHOUT YOUR CONSENT!!!!! !!! AND THEY DO NOT HAVE TO HAVE "GOOD CAUSE OR PROBABLE CAUSE" EITHER!!!!!! . . .

We need a massive veto campaign to stop it. Please, feel free to copy/cut/paste anything off my website [ parentguidancecenter.org] about it and post it on blogs. too. I'm just sick about this and how it will affect EVERY family in Texas and even set a terrible unconstitutional precedent for the other states.

CPS was out of control before and the Supreme Court said so (in the
FLDS-polygamist case and the Gary/Melissa Gates case) and now the Texas
Legislature has decided to give them MORE POWER!!! Thank you for any help you
can give on this! The veto calls need to start immediately. It will go into
effect within 3 weeks!

Rep Paul (TX) is encouraging all states to call in for this as it
will set a national precedent.

So what are you waiting for? Don't live in Texas? Don't think it matters?

Think again.

And pass it on, via your blog, email list, PTA phone list, etc.


(h/t TxBlogger)

----

(Updated: 10:00 pm) And if you just scanned through my blog because you don't like alarmist boldfaced large print, color type and lots of exclamation points, here's another quieter place to consider the ramifications of SB1440: NCCPR:Texas Tries to Legalize FLDS-type raids.

Tuesday, May 26, 2009

Hauser Family Update

I am pleased to see the turn of events in this case.

On Monday, Colleen Hauser returned home, with her 13-year-old son Daniel. According to various news reports, she contacted a private attorney in California who arranged their transportation home.

The local court dismissed their warrant for her arrest, I'm glad to say.

The family was back in court Tuesday, and Daniel will continue a course of chemotherapy, the first of which was administered today, supplemented by alternative natural treatments.

Best of all, Daniel will remain in the custody of his parents. That doesn't mean Brown County Family Services is happy:
What, asked Brown County attorney James Olson, if he has a similar reaction after another round of chemo?
"I am concerned that if Daniel doesn't like the second round of chemo, he's not going to go do it," Olson said. "He's going to run away, and we'll be right back where we are."
Both the court-appointed attorney and guardian for Daniel argued that the Hausers hadn't earned the court's trust. They recommended that Daniel remain in the custody of Brown County Family Services, which had made arrangements for him to stay with a relative.

At least they didn't have a stranger-foster family lined up. And, if Daniel at some point in the future chooses to run away, why would being in foster care make any difference at all? If he becomes determined to leave, he will leave.

This is what happens when courts take a calm and rational approach in dealing with families in trauma - a reasonable compromise is reached. District Judge John Rodenberg made a good decision.

Thursday, May 21, 2009

Sound the Alarm!

A dangerous criminal has escaped the walled confines of the State of Minnesota. The FBI has been alerted, as has Border Security.

Everyone should be on the lookout for Colleen Hauser, a Minnesota homeschooling mother, and her 13-year old son, who is suffering from Hodgkins Lymphoma.

Her crime is wanting to decide how her own son is treated for his illness.

The Government, led by Attorney James Olson (no apparent relation to the aspiring cub reporter at the Daily Planet newspaper) representing Minnesota or Brown County Department of Social Services, wants to decide how Daniel should be treated.

Since the governmental social services agency decided to turn a private family matter into an adversarial proceeding, Mrs. Hauser is now a criminal. She left home with her sick son, without telling anyone where she was going. She missed a hearing at the Brown County Courthouse, probably because she was afraid the government was going to place her son in foster care immediately after the hearing. The judge ordered an arrest warrant for contempt of court because of her failure to appear. Today, it's reported, in the Minneapolis paper :
A felony arrest warrant for deprivation of parental rights was issued today for Colleen Hauser, who is on the run with her son, Daniel, from court-ordered cancer treatment.
I'm not sure I understand that. Did the judge sever her parental rights without a new hearing? Or is she wanted for depriving the state of Minnesota parental rights over her child?

Fox News/Neil Cavuto Shepard Smith first reported this story with anti-parental anti-homeschooling spin. The news I heard on Tuesday reported that 13-year old Daniel was homeschooled on an isolated farm in Minnesota, and could not read.

Yeah, these nutty homeschooler parents just can't be controlled, and care nothing for the health of their kids. I love how they throw in "isolated" there; the Hausers must not have a fence around the farm, or else it would have been called a "compound". And I can think of lots of circumstances that could impair Daniel's reading ability - and none of them diminish in any way the quality of education he's received at home.

Yesterday, Fox News seemed to have toned down a bit, and reported that, really, it is not all that unusual for patients to want to have "alternative" medical treatment when they suffer with cancer. I don't have a link to it, but it was reported that 38% of patients pursue "alternative" medicine, and somewhere in the 90, maybe around 94%, of other patients COMBINE alternative treatments with conventional medicines in treatment. But of course, those are for Adults. Not Children For Whom The Government Has Their Best Interests In Mind.

The doctors say Hodgkins lymphoma is highly treatable. I've read a 90% cure rate, or near that, with chemo and radiation. And what if Daniel falls within that other 10%? Or what if he falls within that extremely small percentage of patients who are spontaneously healed (through Divine Intervention for the believers, or some other unknown biological event for the atheists out there) ? Doctors DON'T KNOW who will respond to treatment and who will not. Daniel has already had one chemo treatment, and he doesn't want another one. So what if Daniel doesn't recuperate, even after having the course of therapy that the court or interested doctors want him to have? Do the Hausers get to sue the court, or the doctors, for vastly lowering the quality of life that Daniel endured during his last days?

I believe his mom is following her best instincts and convictions as a caring, loving, and protective parent. I don't know her, that is just what I believe at this moment.

As I see it, the government has done nothing but instill fear in her. And it should step back, withdraw the federal arrest warrant, and merely keep the local warrant for contempt of court. After all, she did "fail to appear". Social services should reach out compassionately, instead of being an adversarial agency, and stop trying to take this boy away from his family. The father, Mr. Hauser (imagine that -- a news story about a child, and he actually has a father that lives at home and is involved with his daily life), stated in an interview yesterday that prior to the hearing for which his wife and son failed to appear, they had drawn up plans that combined some alternative therapies with a modified chemo treatment. There IS room for compromise.

Instead, a report will come in somewhere that her car has been spotted, and a SWAT team will respond with guns drawn.

It will make good headlines.

Tuesday, May 19, 2009

Ex-FLDS Carolyn Jessop Misrepresenting Her Status?

Coram Non Judice has blogged about Merril Jessop's potential child support liability. Lots of data and some case citations.

What caught my eye was the following statement: --- No, wait. Hold on. I'll be petty for a moment, and ignore Muphry's Law until I find a typo in my own work. What really caught my eye was a dangling conjunction at the end of the post.

"Although"

just hanging out there all by itself. Back to the topic now. Sorry.)

What caught my eye was the following statement:

The ex parte protective order was reviewed at a hearing in Utah and a temporary protective order was granted to Carolyn. This order set visitation and custody, and barred Merril from taking any actions against Carolyn except through his attorney and the court system.

This order will have likely expired - most such orders expire in 1 or 2 years from the date of issuance. There has been no final custody order issued.

What?

Haven't I read that Carolyn Jessop was the first ex-FLDS mother to ever be awarded full custody of her children following a separation from her celestial husband? That's one of her claims to fame!

It's on her wikipedia site : "First woman granted full custody of children in contested suit involving FLDS"

It's in the Claremont (CA) Courier , Nov. 15, 2008: "Ms. Jessop then sued and eventually won custody of her 8 children, becoming the first woman to be granted full custody of her children in a contested suit involving FLDS.

It was presented on the Paula Gordon show. Jan. 20, 2009: "She is the first woman to be given full custody of her children in a contested suit involving the closed world of the FLDS"

Why, Coram even repeated it in a glowing book review: "She escaped, with all eight of her children and became the first women to flee the FLDS that won custody of her children."

And maybe it was even said on the Oprah show, but I'm tired of googling for instances of this statement.

Being awarded "full custody of her children" seems to imply, to me at least, a situation of permanency and finality. But her custody case is still pending. This article in the Deseret News of May 14, 2009 states very clearly:
Carolyn Jessop's custody case is being heard in Salt Lake City's 3rd District Court, where she won a paternity judgment back in 2005.

Maybe people shouldn't believe everything they read in the dust jackets of books.

And it seems like they would settle the child support issue at the same time. But what do I know?

Sunday, May 17, 2009

Schleicher County Medical Center and the FLDS girl (Updated)

Well, I am back from out of town. (Did you know it was Bike Week at Myrtle Beach ?) Now, to catch up on some of the weekend news.

According to the newly-published-on-the-web affidavit of Jessica Carroll of the Family Shelter,
"Sarah told me that the only other time she left the ranch was to go to the hospital . . . She told me it was called the medical center. I asked her if Schleicher County Medical Center sounded close, and she stated, yes, that is the place." (Shall we put up a monument ?)
Brooke Adams reported:

Also on Saturday, an investigator for Goldstein testified that he checked with the Schleicher County Medical Center and learned no one from law enforcement had ever attempted to verify the caller's claim of being treated there for broken ribs. That contradicts testimony by Long, who said that was done by the district attorney's office
According to this site, Schleicher County Medical Center is a Nursing Home. A more recent listing at USnews, shows that it is a Medicaid participating nursing facility of 34 beds, that was found to have deficiencies in a June 2008 inspection (which were reported as corrected as of July 2008).

Thirty-four beds. Other sites say 23 or 14, but nonetheless, not a huge place. The staff who are there everyday probably notice when people come in. And I haven't met a Nursing Home that had an Emergency Department for non-resident treatment. But this is a small town, and a small county, so maybe this facility does double duty.

According to this site, you may be able to receive free health care there if you are indigent, whether or not you are a citizen, but you will have to tell them how many family members live in your house with you. That can be really interesting when those FLDS people come in and want free health care. HOW many family members did you say? Wow. Between that and the prairie dresses, it causes quite a commotion.

And when one of those FLDS girls showed up bruised and battered, and claiming to be pregnant, well, none of the staff noticed. They are mandated reporters of abuse, and yet none of them makes a report. And I bet they took x-rays of a pregnant woman too. Can't wait to hear what Texas Radiation Safety has to say about that.

Well, maybe she changed her clothes before she went in with her sister-wife, who must have also changed her clothes to accompany her. That's why nobody noticed.

And she used a fake name, and said she was 19, and made up a story about how she got so banged up. She cut her long, braided hair too. So, nobody noticed.

We have Jessica Carroll's statement, and we have Ranger Long's statement about trying to verify the information and pondering with Doran about the possibility that the girl was a liar , and we have a statement by a private detective saying that nobody verified the information with Schleicher County Medical Center, (and therefore, Long and/or other investigators did not perform due diligence in order to ascertain the facts).

Let's consider this for a moment or two.

Hmm. I'm done.

Guess who I believe?
***********************************
UPDATED: A commenter advises:
Schleicher County Medical Center is a hospital. It also has a unit which is
separately licensed as a skilled nursing facility.This is not an uncommon
arrangement, especially in small communities.
Glad to have that information, thanks! A "Hospital QuickCheck Report" from UComparehealthcare.com shows this facility to be a non-accredited hospital with 14 certified beds, and a certified trauma center/dedicated emergency department. Emergency services are provided by staff and by arrangement or agreement of outside providers. The Medical Staff is comprised of 1 Nurse Practitioner, 5 Registered Nurses, 4 LPN/VN Nurses, and 12 "Other".

The Hospital Section (14 beds) is smaller than the Nursing Home Section (34 beds).

And the employee(s) contacted by the defense investigator do not remember anyone from Law Enforcement making an inquiry regarding the treatment of "Sarah Jessop Barlow".

Friday, May 15, 2009

A Secret FLDS Marriage?

In Woman who left polygamous sect is seeking child support, Brooke Adams reported that Carolyn Jessop is suing the father of her children. I don't have any problem with men being responsible for the financial needs of their offspring.

In addition to child support, Ms. Jessop is asking for relief in the form of attorney's fees. I don't have a problem with parties in a legal case asking for their associated costs to be covered, either.

It's just that this seems a bit open-ended:
Jessop also asks the court to require her former husband to pay for her attorney fees of at least $2,000 a month.
Jessop is being represented by attorney Natalie Malonis of Denton, Texas.
Two thousand dollars a month, and for how many months?

That sounds an awful lot like alimony to me! (Natalie Bush Malonis Jessop?)

Thursday, May 14, 2009

YFZ Raid: The Real FIRST call

Brooke Adams, at The Plural Life: A Puzzle Piece, is reporting that FLDS defendant Wendell Nielsen's attorney KentSchaffer, told Judge Barbara Walther the following:

On March 29, at 1:59 p.m., the Schleicher County Sheriff’s Department received a call from the same number now traced to Rozita Swinton,who is believed to have made the hoax calls that triggered the investigation at the Yearning For Zion
Ranch.

At 2:25 p.m. that day, 26 minutes later, the same phone was used to make the first call to the NewBridge Family Shelter.

And how long did this call last? Obviously, less than 26 minutes.

Did the hoax caller not get the response she wanted, and then continue down her list of phone numbers to call?

Or did the Sheriff or Deputy on duty not want the report originating from his office, and give her the number of the NewBridge hotline?

Monday, May 11, 2009

More on the FLDS '05 hearing, and other stuff

Because I was gone, and the DearestHeadMistress at The Common Room was SO wonderfully prolific on Saturday, I was able to clear three or four (no, Five!) drafts out of my pending list.

If you haven't already, go here for points concerning the calls to the hotline and the resulting search warrant, and

Then for discussion of the testimony at the '05 hearing, see here for points concerning welfare and lack of personal identification and documentation, and

Here for recaps of Shurtleff and Krakauer, chilling remarks by the Chair, discussion of the Ruby Jessop story, and weapons caches, and Hilderbran's using the Environmental Police to "get" the FLDS, and

Here for Sam Brower and Randy Mankin, civil cases vs. criminal, Forth Worth lawyers, Lost Boys, Disappearing Girls, and Mamas of Lots of Babies.

And then today, Does the State Really Need More Power? she has questions about the Brent Jeffs case, and Hilderbran's new bill and says:

Then you'll want to read his latest attempt here [click on the Text tab] . That's a current piece of legislative fascism.

And do not miss the assessment of this piece of
legislative mischief at Grits for Breakfast, too.

In the comments, blogger Michael give his take:
the most egregious section of 4255 is the addition of new section 161.001(c), which would allow CPS to remove children from a home WITHOUT a court order and WITHOUT showing that it made reasonable efforts to avoid the removal.

An anonymous commenter follows that up by pointing out:

The federal aid statute requires they provide service before removal whenever reasonable, without that provision Texas is ineligible to receive the aid.

Texans definitely need to be looking at what is going on in Austin these days.

The DHM most capably made every point that I was going to get around to, and probably phrased them better, and added some as well.

To answer a couple of her questions, I haven't found an official transcript of the '05 hearing, but my own unprofessional one is being proofread; and the Brent Jeffs case has been settled out of court, I think.

This article states a partial settlement was reached in April, 2007, and it involved land, cash, and an emergency fund set up for Lost Boys (oh wait, I thought that was what the Diversity Foundation was for), and attorneys fees, including $100,000 for that Baltimore attorney. (Maybe those two Fort Worth attorneys Sam Brower knows shouldn't have decided it was "too dangerous" and gone back to "cow-town", after all.)

And now that I have emptied out half of my drafts file, I'll go work on that piece I started regarding the Hoole law firm. Or maybe the one about Blackmore. Decisions, decisions.

Wednesday, May 6, 2009

Those Creative Texans, and the FLDS

I have to admit it, those Texans are a creative bunch. Texas is the home state of some pretty creative people, such as songwriters Willie Nelson and Don Henley, dancer Cyd Charisse, actors Larry Hagman and Eva Longoria, and even the writer Katharine Anne Porter, just to name a very few. There are many more, too many to put in one blog post. Very creative people.

Why, even lawyers in Texas show their creativity -- just look at Blue Collar Crime, musical attorneys who put on a good show, I'm told, and donate 50% of their proceeds to some legal charity. That's creative, and the name is well, fairly clever.

In reviewing the testimony given in support of HB 3006, authored by Rep. Harvey Hilderbran, at the Hearing of the Committee on Juvenile Justice & Family Issues, on April 13, 2005, I found the following to be interesting, in regards to creativity. (Also, I want to note that I am not a professional transcriber.)

Here's a little background on what has transpired at the hearing:

Anti-Mormon author Jon Krakauer has finished giving his testimony about Warren Jeffs and the FLDS, which mentioned "irrefutable" proof of child sex crimes against very young boys.

Private Investigator Sam Brower (SB) is now giving testimony regarding civil suits filed by the boy victims, now adults, against Warren Jeffs, the FLDS church, and the United Effort Plan trust.

Rep. and Vice Chair Toby Goodman (TG) is the questioner, and you really need to watch it to understand how incredulous he is that no criminal charges have been filed, that there is only a civil lawsuit on a contingency contract, if Utah has the evidence.

Harvey Hilderbran (HH) interjects to answer Goodman's questons.

(starting at 1:21:31)

TG: I mean, this state will literally go after these people if they commit those kinds of acts and they have the kind of evidence that you are telling us that you have.

SB: and I can’t tell you ---and that’s why I am here.

TG: You know, whether Harvey’s bill makes it or not, I mean you know, all, a lot of that stuff is already on the books --

HH: I’m gonna need, well, some of it is. And we’re working with CPS folks, because we are going to need to do some more next week on that --

TG: But Harvey, it’s a state jail felony, not, you know, if [inaudible] then damn report it.

[1:22:04] HH: but the problem is , the report has to come, it’s the basis of the report. And how we get the report, and it has to come from inside, so we’ve got to be a little bit more creative in how we get the report.

Keep in mind that this was in 2005.

And I'm wondering just how "creative" did they get?

Saturday, May 2, 2009

HB 3006 in Texas, the hearing, and the FLDS

As I mentioned in a previous post, it was perfectly legal before September of 2005 for a 14-year-old girl in Texas to marry whomever she wished, as long as her parents consented.

The law was changed at the urging of Rep. Harvey Hildebrand to make it a crime for a 14 or 15 year old to get married without a court order. (At least 2 FLDS-related search warrants include affidavits wherein LE representatives have stated: "Affiant knows of no provision under Texas law for legal marriage to a child under the age of sixteen,"; knowledge of Texas law by Texas Law Enforcement appears to be sadly lacking, in this area.)

Rep. Harvey Hilberbrand wanted the law changed because at least one of his constitutents wanted it changed. And that constituent, or group of constituents, wanted the law changed because the FLDS moved to Schleicher Co, Texas.

After introducing a bill into the Texas House, there was a hearing held by the House Committee on Juvenile Justice & Family Issues, on April 13, 2005. The minutes of that public hearing are available here, which says only that testimony was heard, and the bill was left pending. (As a side note, this specific bill, HB 3006 never passed, but the language of it was incorporated into Senate Bill 6. There was specific discussion of this strategy during the hearing, - HB3006 starts at 2:36. And here is Mr. Hilderbran's press release regarding SB 6 )

This post is not about how the subject laws might have been unconstitutionally changed, since they targeted a specific religious group. Nope, it's about money.

The official witness list for the hearing states the following:

April 13, 2005 - 10:30A or upon final adjourn./recess
For:
Brower, Sam (Self and Private Investigator)
Krakauer, Jon (Self)
Mankin, Randy (Self)
Shurtleff, The Honorable Mark L. (Utah Attorney General, State of Utah)

The witnesses were not sworn in, that I could see, and upon granting of the floor, were required to state their names and whom they represented. Upon reviewing the archived video of the hearing, I note that all of them stated their names, but none claimed to be representing themselves, or another group.

The Tax Reports of the Diversity Foundation declare that for the year 2005, no money was paid for any kind of lobbying effort. Had there been funds spent for such an endeavor, and not truthfully reported, it would have jeopardized the 501(3)(C) status of the Foundation. Such non-profit entities are prohibited from spending any tax-exempt money whatsoever for any legislative or political activity.

The Diversity Foundation reported some $22,679 in "Travel, conference and meetings" expenses for the year 2005, although these are not itemized. Diversity is based in South Jordan, Utah, and I suppose if they had to travel to Salt Lake City several times during the year to take care of business with the Secretary of State, or perhaps the Attorney General's Office, they could have spent $22,679. South Jordan is 18 miles from Salt Lake City, according to Rand-McNally. Well, maybe they had to pay expenses for something like a Safety Net meeting during that year too.

But really, how much money are we talking about? It's probably not important. And nobody seems to care much who paid for what.

Randy Mankin of Eldorado, Texas, only had to drive to Austin, or perhaps fly from San Angelo. Utah Attorney General Mark Shurtleff would have flown in from Salt Lake City, and author Jon Krakauer hails from Boulder, Colorado. Private investigator Sam Brower may have flown from St. George, or may have been a traveling companion of Mr. Shurtleff out of Salt Lake City. Then, there's ground transportation from the airport to the hearing location, and back to the airport.

Undoubtedly, they wouldn't have been expected to travel and testify on the same day, because the hearing started at 10:30 a.m. so there's probably at least one night's lodging to be considered, at a nice hotel, maybe something like the Marriott.

And meals, how can we forget about food? There's dinner the night before, after their flights got in, then a good breakfast to start the day of the hearing, and then a nice self-congratulatory lunch together afterwards.

I'm not even going to venture a guess on the total spent.

Randy Mankin, being a Texas citizen himself, I'm not so concerned about his expenses. After all, the YFZ ranch was only four miles from his house, and with his being the local newspaper publisher and all, and as long as he paid his own way, he probably had a legitimate business expense if he wrote it off, and a personal interest in the hearing, if he didn't.

As noted in a previous post, Sam Brower was paid $121,556 by the Diversity Foundation for "Investigative and Security Services" in 2005, but that wouldn't include any legislative activities.

And perhaps the taxpayers of the State of Utah bore the cost for Attorney General Mark Shurtleff to travel to Austin, Texas, if he was acting in his official capacity.

Admittedly, Jon Krakauer did state while giving his testimony that he has spent "tens of thousands" of his "own money" to investigate the fundamentalists. (But then, hypothetically speaking of course, if person A should happen to give person B money, it then becomes person B's "own money", doesn't it? )

We can only assume that these gentlemen felt so strongly about their mutual endeavor to rid the world, or at least Texas, of the FLDS church that they paid their own expenses for travel, lodging and food to appear before this committee in Austin, Texas. Why on earth would we think anything different?

And, as always, I invite anyone with factual information concerning this subject to share.

Wednesday, April 29, 2009

The FLDS Raid: One Year Later

I see that Marci Hamilton is back at work. Taking Stock

A contributed re-write follows:
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One Year Later: The 2008 Raid at the Texas Fundamentalist Latter-Day Saints Ranch; The Lessons We Must Learn to Effectively Protect the Rights of Families in the Future

By M. Erin Burr,
April 29, 2009

This month marks the one-year anniversary of the misguided overreach by Texas Child Protective Services (CPS) in their efforts to determine whether children were being abused at the Fundamentalist Latter-Day Saints (FLDS) group situated at the Yearning for Zion (YFZ) Ranch outside Eldorado, Texas.

The authorities' concerns were triggered by an anonymous call to a hotline, from an apparent young wife who did not even know the name of her husband, to whom she said she had been married for 3 years. Authorities entered the private ranch by assembling a huge array of personnel and paramilitary equipment, along with a search warrant that was authorized by a judge who may have been misled by an applicant officer. Once inside the property, they interviewed several female children throughout the long hours of the night, disrupting their normal routine and intentionally depriving them of their sleep - known to be used as a form of torture when interrogating adults. As armed personnel and paramilitary equipment encroached upon the property, CPS personnel - whose critical thinking skills may have been adversely affected by their own sleep deprivation - found that this to be an unsafe area for children, and took them all into custody. They did not remove the children because there was evidence of abuse, or because there was imminent danger to the children. They removed the children because they themselves were afraid. Homes were searched by law enforcement personnel and private property seized, and after breaking into a religious, sacred edifice, they seized confidential religious property as evidence, some of which they, perhap unethically, released to the media after private family court hearings, and the subject of which was the basis for several criminal indictments. The legality of many of these actions have yet to be determined by the courts.

The goal of the Texas authorities in providing long-term state care for the children, and thereby substantially increasing their risk of being abused, was never fully realized. (Still, one child remains in custody, the single trophy of the State. ) The Texas appellate courts can be credited with putting a stop to the injustice. They acknowledged that the rights of the families had been violated, and that there was no valid reason to remove every child from the ranch. The courts' reasoning was a clear and concise slap to the CPS officials and the local judge who had made a mockery of the law.

CPS had a choice about the removal of the children. They could have chosen to accept documentation and information presented through interviews which revealed the ages and names and relationships of the people there. They could have required that all the men leave the ranch, if they felt the men presented an immediate danger to the children. As there was no imminent danger to any child, they could have considered the circumstances and made arrangements for interviews with specific children and parents by appointment over a reasonable period of time. They could have chosen to accept that this young wife who called the crisis center simply did not exist. They could have gone back to the office with nobody in their custody. Most importantly, they could have looked for facts objectively, rather than going in with a predetermined mindset based on rumor and speculation.

They could have refused to be used as a front for other arms of the government who were investigating the FLDS religious group, but who lacked sufficient constitutional grounds for entry into the property.

The Governments' (both State and Federal) actions were the most threatening step forward to a totalitarian government - a "nanny state" which governs every aspect of the lives of its citizens - that many of us have ever witnessed.

(Let's stop here for a book advertisement. Serious readers who enjoy intellectual stimulation might be willing to give Jonah Goldberg a try: Liberal Fascism.)

Twelve of the men from the compound have been indicted for perpetrating child sex abuse, aiding such abuse, or failing to report it. No indictments had been previously issued, because there was no complainant with reliable and prosecutable evidence. The most any prosecutor had achieved was to indict a single man at a given time. Should we follow any other method? We do not gather up a group of men, collectively charge them with a group crime, and try them by a rabid mob. We didn't gather the board of directors of Enron, and charge them as a group for financial crimes. We don't arrest anyone who wears a Hell's Angels motorcycle jacket for gang-related murders. We don't arrest every Catholic priest for church-related child abuse. How can a law school graduate even contemplate suggesting such a thing? No, we are individuals in this country, and the individual is to be charged, presumed innocent until proven guilty in a court of law and found so by a jury of his peers. And even then, we have an system for appeals. Yes, there have been indictments. Court rulings are yet to come.

What Have We Learned?

Apparently, nothing. Rumors still abound and emotionalism runs high, even by those who present themselves as being well educated and learned in these matters. Indeed, opinion pieces offered by those with personal agendas are full of misstatements and unsubstantiated "facts". And how to combat this mindset? Find the original source. Is the source credible? Are there facts to substantiate it?

Is there any real legacy of the Texas raid? Perhaps it is that Family Rights have come more to the forefront. More people are aware of the power that CPS-type agencies have across the country, and many are working to limit that power.

And while we haven't seen an outpouring of public support for the FLDS in the Texas streets, I believe (hope) that many Texans have been quietly contacting their legislators to discourage support of any future laws that Harvey Hilderbran may offer up in his endeavor to "get" the FLDS.

Perhaps the real legacy is a lesson on how easily we let our rights slip away by default and apathy.

Are the FLDS children safe? They certainly appear to be. But the children do not feel safe. They still wake up with nightmares of the events of April, 2008.

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M. Erin Burr has no credentials. She does, however, have a brain.