Posted on 06/13/2008 9:31:37 PM PDT by Saundra Duffy
LOL, guess I should have read all your posts before starting to answer. LOL
It’s about 1,100 miles from El Dorado, TX to Colorado City, UT, but remember they fLDS have plane that the taxpayers bought for them...
And 24/7 use of large SUVs that the taxpayers pay for..
Thanks, but I didn’t ask the question. ;)
Keep getting proxy errors so I’m done for the night.
“During custody hearings in April, a Texas judge refused to accept birth certificates offered by FLDS women as proof of their age or their status as a parent. Duncan said Texas officials never contacted his office about the authenticity of the documents.”
http://www.sltrib.com/ci_9625046
Opening statements would likely have little effect on limiting the State's discovery rights in defending itself against a lawsuit. Also, under Texas state law the ability to sue the state is extremely limited in the first place, so a law degree obtained via Free Republic is probably insufficient background to prepare the foundation or basis of a successful lawsuit against the state. Likewise, trying to frame the state's argument regarding verification of the ID as "we didn't bother, because we didn't care to believe it" would probably result in a summary judgment from the judge in favor of the state with a stinging rebuke of the attorney who tried to argue that was the state's position.
“Duncan said Texas officials never contacted his office about the authenticity of the documents.”
He didn’t say she was facing charges, he said she broke the law.
Nothing in the definition of the term abuse of judicial discretion has anything to do with breaking the law. It deals with judicial errors that can lead to a decision be overturned. It specifically states that it does NOT necessarily mean misconduct (breaking the law would be a step beyond misconduct). Therefore, in practical terms, there is absolutely no way that any reasonable person (judge or otherwise) could infer from the term "abused her judicial discretion" that she broke the law.
If your 21 year-old son presents a BIRTH CERTIFICATE as ID to buy beer at the convenience store (or for that matter if your 34 year-old son (who still looks like he is in his early 20's) presents a BIRTH CERTIFICATE as ID to buy beer at the convenience store, it is unlikely the clerk will accept that ID or contact Duncan's office to verify the authenticity of the documents. This would be especially true if your sons and several of their friends are trading documents among themselves while they are waiting in line to buy the beer.
Since neither of us could possibly have seen all the evidence as to how many different forms of "ID" were being exchanged and shared between the different girls and women (both adult and underage) during the investigation and detention of the girls as the investigators were trying to sort out who belonged there and who didn't, any assertions as to whether or not a particular woman was detained illegally (or at what point a valid detention may have become invalid) is wildly speculative.
I don't claim to know what all was going on in this case, but I am at least open to consider the possibility that the state officials were acting in good faith on what they believed to be accurate information, and were doing their best to enforce the law and protect children from an abusive situation that may or may not have actually existed. I am open to the possibility that while there may or may not have been criminal abuse of girls and young women going on at the FLDS compound, the removal of many of the children by state investigators exceeded their authority and infringed on the family rights of some of the parents. From what I've seen of the story, my take is that the state CPS workers probably abused their power (which may or may not be a criminal act) and exercised poor judgment. I would also expect that lawsuits against CPS and the state would result in the discovery process revealing evidence of polygamy, forced or arranged marriages of underage girls to men much older than them, and a systematic coercion of girls and young women into an arrangement that borders on enslavement.
Please direct me to the source or sources that absolutely prove your statement.
Equal application of the law is another issue that's blatantly not being done here. There are no pregnant young girls anywhere around you that were confiscated and tested were they? Jr high and high schools have built in day cares for the young mothers. Were any of their children DNA tested? Planned parenthood's own data says 55% of pregnant underage girls got that way with a partner five years older. Where is the prosecution there? This is besides the abortion issue for underage minors without parental notification.
As I noted, produce evidence, indict, convict, and then sentence as applied to this case with these people, in this state. Things that happened elsewhere and at other times has no bearing on this group whatsoever.
Ergo, it shouldn't be compared to pregnant high school girls either, IMO.
As to sexual relations between minors and those at least five years older than they, state laws determine if the older participant is guilty of statutary rape, whether pregnancy occurs or not.
(I'll continue this post later.)
Except the jr high and high school pregnancies are happening right now, in our state.
I do not remember the specifics on PP. It was posted when this thing started.
On my way home now. ;)
I don't doubt that. They most likely are happening in every state, and this is a serious problem that needs to be solved. BUT, the mistakes these kids make are of their OWN choosing.
To my thinking, the FLDS presents an additional difficulty that needs to be investigated. To deny that every one of those who have stated that FLDS men, whether it's solely Warren Jeffs (who claims God reveals His will to him), or the fathers of the young girls, or any other FLDS man, has the right to assign girls to marry a man THEY choose for the young woman, is to call them all liars.
This cult has been under suspicion long before the authorities went into the Texas compound.
I do believe that Jeffs has kicked out (for want of a better way to say it) husbands and fathers and assigned their families to another man. (How weird can it get!) Is this a nonsensical fairy tale or does it actually go in with this cult?
Both of these accusations against the FLDS, plus others, amount to abuse and total control of the lives of human beings.
Hopefully an honest and just court will determine all the facts.
What we hear, what we think, and even what is reported on the evening news is not evidence. I have no doubt that much of the same goes on in the gangbanging world + robbery + thefts + drug sales + murder. Seen any of their families rounded up for the sins of the fathers? And I would imagine there are a lot more gangbangers in this state than flds members, read as priority of prosecution. Then there is the illegal immigration issue.
Sorry to jump around, there were just so many things wrong with this action from the beginning that it just boggles the mind. The state has probably blown their chances of actual convictions, something that might actually stop the cult, in their over zealous actions while there are far bigger crimes that warrant the millions being spent.
I've never said this cult was right, I said they have rights and there is a big difference far too many posting on this subject will admit. I cannot defend the wrongful actions of the state, no matter what justifications anyone attempts to throw out.
And those are but a few reasons I have used in reaching my original comment. ;)
the cps
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