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Texas FLDS raid: Defense attorney alleges search too broad, evidence tainted
The Salt Lake Tribune ^ | July 13, 2009 | Brooke Adams

Posted on 07/13/2009 6:19:15 PM PDT by Saundra Duffy

Texas authorities used a hoax call about abuse at a polygamous sect's Texas ranch as a pretext for an "unlimited, general search" in April 2008 -- a search law officers "had wanted for years to conduct," an attorney contends in a new court filing.

The size and scope of the investigation showed from the outset it was not about checking the well-being of a single abuse victim and her child, and authorities failed to make even basic attempts to corroborate claims made in the hoax calls, the 100-plus-page brief filed Monday by attorney Gerald Goldstein on behalf of Frederick Merril Jessop states. They also made misstatements in affidavits used to get court orders to enter the ranch, the attorneys argue, among them that the abuser was at the ranch and that child welfare investigators had been denied access to the community and alleged victims.

(Excerpt) Read more at sltrib.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: flds; pedophile
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You better hope and pray you have no enemies who would jump on this case as a precedent to come after you under false pretences - Constitution be damned.
1 posted on 07/13/2009 6:19:15 PM PDT by Saundra Duffy
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To: Saundra Duffy

I will never forget what happened to those children at the hands of an out-of-control government. Not to mention the grown women held captive for two months and the mothers whose children were snatched right out of the arms, dumped in a coliseum, and then farmed out to foster homes all over the State of TX.

I never thought I’d say it but today I am thanking God for lawyers.


2 posted on 07/13/2009 6:23:34 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Michael Savage didn’t like it much! Please see the sniper and the tank-looking vehicle.

http://www.youtube.com/watch?v=yBOHpf3SEc8


3 posted on 07/13/2009 6:28:08 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy
You are aware these are the defense attorneys take - correct.
And in a related story: http://www.sltrib.com/news/ci_12828232
4 posted on 07/13/2009 6:29:32 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: Saundra Duffy

It could happen to you, too:

http://www.youtube.com/watch?v=SPeFECAEqHk


5 posted on 07/13/2009 6:31:45 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: UCANSEE2

Here we go...


6 posted on 07/13/2009 6:31:52 PM PDT by patton (Obama has replaced "Res Publica" with "Quod licet Jovi non licet bovi.")
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To: Saundra Duffy
This is according to the defense...who is taking on the best Law Enforcement agency in the world, The Texas Rangers. They don't make mistakes and their integrity is perfect in modern time.

I'll grant you that the call was a hoax, that they exposed, but they didn't know that at the time and were acting on additional evidence and probable cause.

7 posted on 07/13/2009 6:34:10 PM PDT by txroadkill (God bless those who seek freedom in Iran-Let Freedom Ring!)
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To: Saundra Duffy

Gov. Perry did veto SB 1440, thank God:

http://www.youtube.com/watch?v=YA28jbDaqzA


8 posted on 07/13/2009 6:36:24 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Countdown.....10-9-8-7.....

Be prepared Saundra. You know the usual suspects will be arriving soon.


9 posted on 07/13/2009 6:37:48 PM PDT by panaxanax (Our Founding Fathers: The first American anti-government group.)
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To: txroadkill

You cannot condemn an entire community on a hoax call, or else the U.S. Constitution is completely worthless.


10 posted on 07/13/2009 6:37:59 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

It has - and it’s every bit what the Gates’ describe.

CPS are loaded with manipulative and downright evil people.


11 posted on 07/13/2009 6:40:31 PM PDT by ItsOurTimeNow ("Go now. Run along and tell your Xerxes that he faces Free Men here...not slaves.")
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To: txroadkill

“They don’t make mistakes and their integrity is perfect in modern time.”

I beg your pardon? Perhaps you might wish to read the article.

And perhaps the article is false - but one of these things is not like the other, and your assertion is silly.


12 posted on 07/13/2009 6:40:59 PM PDT by patton (Obama has replaced "Res Publica" with "Quod licet Jovi non licet bovi.")
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To: panaxanax

“You know the usual suspects will be arriving soon.”

Yes, I know, but I still love the U.S. Constitution and am horrified that the rights of this community were trampled. If the gov’t can get away with doing that to the FLDS, the gov’t can do it to me and my family. All it takes is for an enemy to plant a damn lie. All red-blooded true-blue Americans should be up in arms over what happened to the FLDS. Instead, we have people here on this very so-called conservative website calling for the Constitutional protections for the FLDS to be squashed. I don’t get it. I remain a lover of the U.S. Constitution.


13 posted on 07/13/2009 6:41:34 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Ummm, they did not know it was a hoax call when it was first received, you are aware of that - right?


14 posted on 07/13/2009 6:41:52 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: Saundra Duffy

Between the FLDS and governmental forces, there really isn’t too much to choose.

A plague on both their houses. Both are morally worthless exploiters of the very young.


15 posted on 07/13/2009 6:41:59 PM PDT by elcid1970 ("O Muslim! My bullets are dipped in pig grease!")
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To: ItsOurTimeNow

Just look what TX CPS did to those kids. Talk about child abuse!!!!!!


16 posted on 07/13/2009 6:42:34 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

the whole thing was completely illegal and unconstitutional from the start! personal rights are a joke to the authorities anymore.


17 posted on 07/13/2009 6:45:55 PM PDT by Awestruck (Now if we can only get the rest of the "republican" leaders to stand up to the liberals.)
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To: svcw

“Ummm, they did not know it was a hoax call when it was first received, you are aware of that - right?”

They were chomping at the bit to get in there and stomp all over that community. The Constitution was trashed that day. I believe they knew the call was a hoax. They even had buses all lined up - Baptist buses no less - to haul off all those innocent children.

I haven’t got a clue on earth why any conservative would defend TX authorities in this matter, especially CPS goons.

I guess Gov. Perry knew he better veto SB 1440 which would have given CPS even more power.


18 posted on 07/13/2009 6:47:33 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: svcw

and they found out very shortly that it was...and they didn’t care after that. you are aware that your neighbor can call CPS and say you are abusing your children at any time, and the neighbor will be believed, right?


19 posted on 07/13/2009 6:48:30 PM PDT by Awestruck (Now if we can only get the rest of the "republican" leaders to stand up to the liberals.)
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To: Saundra Duffy

They don’t ever see it that way. These people are brainwashed into thinking that they’re going a service to the community. But all they’re really doing is tearing families apart - stealing and selling children in order to justify their budgets.

No doubt TX CPS saw the ranch as a gold-mine in future adoption dollars from the fed. gov.

And, as your video link shows, they never have any intentions of giving children back. Even in the face of court orders, they do what they want and get away with it.

I went through this last year (I eventually won when the kids were released back into my custody by a judge’s order), and it still lingers today...they never truly go away.


20 posted on 07/13/2009 6:49:41 PM PDT by ItsOurTimeNow ("Go now. Run along and tell your Xerxes that he faces Free Men here...not slaves.")
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To: Awestruck

“personal rights are a joke to the authorities anymore”

It is downright frightening. If they can do this to the FLDS, you better believe they can do it to you. Break down your door and snatch your kids right out of your arms on a false report. It scares me half to death.

And will only get worse if good people don’t fight back.


21 posted on 07/13/2009 6:50:32 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: svcw

Yeah, but that’s irrelevant.

They SHOULD have known the unknowable.


22 posted on 07/13/2009 6:51:04 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Saundra Duffy

I can and do condem that entire cult and all the fornicating adults in it.

The victims in this case are the children, being put back into that lifestlye, filled with perversion and sex-obsessed men.

Polygamy is evil, straight from Satan himself. And don’t try to defend it by bringing up OT men. I don’t care what they did, polygamy is evil.


23 posted on 07/13/2009 6:52:00 PM PDT by JRochelle ("I wasn't briefed about the briefing, I was only informed." SanFranNan.)
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To: Saundra Duffy

And another take: http://www.gosanangelo.com/news/2009/jul/13/briefs-filed-in-flds-motion-for-evidence-hearing/


24 posted on 07/13/2009 6:52:19 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: Awestruck
It is an interesting balancing act.
CPS gets a call, how do they proceed?
Take the kids and investigate or leave the kids an investigate.
What would you do?
25 posted on 07/13/2009 6:54:11 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: ItsOurTimeNow

I am sorry for what happened to you. The gov’t is just out of control. I’m scared. “Punish your enemies; reward your friends.” That’s today’s way of doing the government’s business. If we get on the bad side of some gov’t bureaucrat, they can come after us with a military style raid. Those kids will be suffering PTSD for the rest of their lives. I hope these lawyers sue the pants off those government thugs!


26 posted on 07/13/2009 6:54:36 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: patton

Thanks for the ping.

I need to read the article and posts, first.


27 posted on 07/13/2009 6:56:21 PM PDT by UCANSEE2
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To: Saundra Duffy
For the record: Should I ever lose my wits and come under the influence of a cult, such as the FLDS, and let dirty old men, with numerous wives, look at my 14 year old daughter as a potential wife,

PLEASE, SOMEONE, CALL CPS AND HAVE THEM TAKE HER AWAY FROM ME!

28 posted on 07/13/2009 6:56:34 PM PDT by JRochelle ("I wasn't briefed about the briefing, I was only informed." SanFranNan.)
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To: Saundra Duffy

I am not defending the Rangers.
I do wonder why you defend the flders and their actions.


29 posted on 07/13/2009 6:56:38 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: metmom

Just as all the other facts in the case.....weird.


30 posted on 07/13/2009 6:58:57 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: JRochelle

“filled with perversion and sex-obsessed men.”

Do you want to arrest and hang every man who has slept around and fathered several children by several different women? Or do you just want to destroy the FLDS men who are currently “innocent until proven guilty”?

See what I mean, people? The Constitution is being trashed here.


31 posted on 07/13/2009 6:59:10 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Hello Saundra.

Hope you and your family are doing well.

Since we ‘seem’ on opposite sides of this case, I offer something I think we all could agree on.

“Let justice be done, the guilty punished, the innocent go free.”


32 posted on 07/13/2009 6:59:44 PM PDT by UCANSEE2
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To: svcw

The FLDS were stomped on by government thugs. Pure and simple. I am defending the Constitution.


33 posted on 07/13/2009 7:00:54 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: ItsOurTimeNow
CPS are loaded with manipulative and downright evil people.

You think that's bad, you should meet the parents of some of the children CPS has to rescue.

34 posted on 07/13/2009 7:01:30 PM PDT by UCANSEE2
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To: UCANSEE2

“Let justice be done, the guilty punished, the innocent go free.”

I totally agree. Too bad the government got this bass-ackwards.


35 posted on 07/13/2009 7:02:00 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Oh you make them sound so innocent!

Why they just have kids with different women!

HOGWASH and you know it.

And stop the BS about hanging. Your act is old and pathetic.


36 posted on 07/13/2009 7:02:18 PM PDT by JRochelle ("I wasn't briefed about the briefing, I was only informed." SanFranNan.)
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To: Saundra Duffy
Instead, we have people here on this very so-called conservative website calling for the Constitutional protections for the FLDS to be squashed.

I don't remember anyone saying that. I haven't seen it on this thread either.

37 posted on 07/13/2009 7:04:18 PM PDT by UCANSEE2
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To: svcw; Saundra Duffy

Don’t you get it?

According to all the pedophile apologists, you must never never remove a child from the suspected pervert until after there is a trial and conviction.

Regardless of the nature or quantity of information leading to the investigation, nor any information that might be uncovered before a trial.

Saundra Duffy has been consistent on this point of view no matter what evidence has been revealed on every pedophile thread in which she has participated at Free Republic. Follow her posting history though, do not just take my word for it.

How could you conceive of any other position


38 posted on 07/13/2009 7:06:19 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: elcid1970
Both are morally worthless exploiters of the very young.

That may be the more likely truth, than the extreme opinions of those on both sides of this issue.

39 posted on 07/13/2009 7:06:41 PM PDT by UCANSEE2
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To: JRochelle

“Your act is old and pathetic.”

Judge Napolitano and Ben Stein agree with me:

http://www.youtube.com/watch?v=WuIzwOgQ1_w

http://www.youtube.com/watch?v=dh7cE3lB16A

And many other liberty-loving Constitution-adoring Americans agree with me, too.


40 posted on 07/13/2009 7:07:31 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy
SmileyCentral.com
41 posted on 07/13/2009 7:09:44 PM PDT by verity ("Lord, what fools we mortals be!")
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To: svcw
an attorney contends in a new court filing.

So an attorney files a lawsuit. It proves nothing.

42 posted on 07/13/2009 7:10:26 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Saundra Duffy

Oh really?


43 posted on 07/13/2009 7:10:50 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: Saundra Duffy
Those kids will be suffering PTSD for the rest of their lives.

Well, except for the boys who were thrown out onto the street, into a life of drugs and alcohol and street criminals.

44 posted on 07/13/2009 7:12:03 PM PDT by UCANSEE2
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To: Saundra Duffy
An actor/comedian and a TV judge, wow.
If you could defend the children of the fldsers who were abused then maybe people might believe your alleged outrage and alleged concern for the children.
45 posted on 07/13/2009 7:15:10 PM PDT by svcw (Barry: mentally deficient & narcissistic misogynist megalomaniac psychopath w/ paranoid delusions)
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To: Saundra Duffy
Too bad the government got this bass-ackwards.

That's what we will find out, during the trials.

Whether procedures were followed under the law, and whether the defendants violated the law.

46 posted on 07/13/2009 7:15:35 PM PDT by UCANSEE2
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To: MrEdd

“According to all the pedophile apologists, you must never never remove a child from the suspected pervert until after there is a trial and conviction.”

Calling me a “pedophile apologist” is beyond the pale. I am a lover of the Constitution.

You don’t get it. This all happened due to a hoax call. This could happen to you, MrEdd. All it takes is for a neighbor to get PO’d at you. And there goes your good name; there go your kids.

I am a grandma and I love children. I do not like what the government did to those children - all on a false report.

You can’t be serious in defending TX CPS and those who conducted a military-style raid on that community.

I was even more outraged over what happened to the children at Waco (Branch Davidian). The government accused the Branch Davidians of EXACTLY the same kinds of things - child sexual abuse, child abuse, pedophilia, etc., etc.

Do you remember what happened? The government torched 24 innocent children that day!

If you are going to be consistent, you would have to have been in favor of that government action, too.

Yes, I have been a consistent supporter and defender of the Constitution.


47 posted on 07/13/2009 7:15:35 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Judge Napolitano and Ben Stein agree with me:


It matters not one whit if they agree or not. What matters now in this case is what the current jury agrees to or does not agree to. That is our system of justice and it will prevail regardless of your rants.


48 posted on 07/13/2009 7:16:38 PM PDT by deport
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To: elcid1970
elcid1970 said: "Both are morally worthless exploiters of the very young."

Someone once said, "A government powerful enough to give you everything you want, is powerful enough to take everything you have."

The corollary is, "A government powerful enough to right every evil, is powerful enough to commit every evil."

49 posted on 07/13/2009 7:18:05 PM PDT by William Tell
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To: Saundra Duffy

Saundra,
I agree with you. I don’t see protecting child abusers but the moment we are willing to toss out someones rights because we don’t agree with their lifestyle, without knowing if they have done something...god help us all.

These peoples rights were abused plain and simple and whether I agree with what they do or not, I will never agree with taking away their rights just because I don’t like them. What’s next? I got it how about we take away peoples rights because of their skin color or the clothes they wear.

It’s sad people just think it’s okay to take away another persons rights without conviction or even credible accusation.


50 posted on 07/13/2009 7:19:00 PM PDT by blarney
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