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FLDS opponents say wrong man named in warrant
Salt Lake Tribune ^ | 4/9/2008 | Nate Carlisle

Posted on 04/09/2008 9:33:38 AM PDT by Domandred

Texas authorities named the wrong man in search and arrest warrants used to enter the YFZ Ranch near Eldorado and begin questioning FLDS children, two opponents of the sect said Tuesday.

The warrant issued Thursday evening named 50-year-old Dale Barlow, alleging he had married and impregnated a 16-year-old girl. Officials, who later sought a second search warrant, have removed 419 children.

But Joni Holm, who has helped children leave the FLDS, said the teenager who called officials on March 29 and 30 and claimed she was abused is married to a different, younger man. The girl's husband is in his late 30s, is related to Dale Barlow, shares his surname and has a similar sounding first name, Holm said.

"I know they're looking into the wrong one," Holm said.

Tela Mange, a spokeswoman for the Texas Department of Public Safety, on Tuesday said police were continuing to serve warrants and attempt to locate "the person that we are looking for."

When asked if that person was still Dale Barlow, she said, "As far as I know."

But Flora Jessop, who left the Fundamentalist Church of Jesus Christ of Latter Day Saints at age 16 and now helps others do the same, also said the wrong man was named in the initial warrants.

Texas authorities have made no effort to apprehend Dale Barlow at his address in Colorado City, Ariz. He reported to his Arizona probation officer on Friday - less than 24 hours after the raid began to tell the officer he was under investigation.

His probation officer has said Dale Barlow claimed to not know the teenager making the abuse accusations. Later Friday, Arizona authorities questioned him and searched his home.

The Salt Lake Tribune, which generally does not name alleged victims of sexual abuse, and other media outlets have not published the girl's name.

But Holm said the girl's identity, and the correct identity of her husband, is "common knowledge" in Colorado City, Ariz., and Hildale, Utah, where the sect has traditionally been based.

The Tribune is not naming the man identified by Holm as the girl's husband because he has not been named as a suspect or in court filings.

Holm, who is married to a former FLDS member, said she has spoken with people who know the teenager. She thinks Texas officials confused the two Barlows.

She believes it is possible the teenager did not know her husband's correct age and told authorities he is about 50. Also, she noted, Dale Barlow has a 2007 conviction in Arizona for criminal charges related to marrying and impregnating a different 16-year-old girl, which may have contributed to confusion.

The first warrant identified Dale Barlow by name and his birth date. The copy on file in court does not list the name of the investigator who petitioned for it.

A second and more expanded warrant, signed Sunday night, was based on observations and evidence found by law enforcement and child services workers inside the compound, according to court documents.


TOPICS: News/Current Events
KEYWORDS: donutwatch; flds; jeffs; shootfirst; yfzranch
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No comments.
1 posted on 04/09/2008 9:33:39 AM PDT by Domandred
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To: Domandred

I changed my mind about no comments.

First warrant was wrong.

The guy named in the first warrant was not at the compound, he was in Arizona, but authorities didn’t try to get him there.

The first warrant gave them an in to the compound to get a second warrant.

If this was anyone but the FLDS people would probably be up in arms about 4th Amendment and illegal search and seizures. Not to mention various choice words about Social Services.


2 posted on 04/09/2008 9:37:29 AM PDT by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: Domandred
I guess naming the wrong man in a warrant is a bit better than this:


3 posted on 04/09/2008 9:38:23 AM PDT by Popman
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To: Domandred

no one up in arms about the children being raped there, though, huh????


4 posted on 04/09/2008 9:39:15 AM PDT by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: Domandred

5 posted on 04/09/2008 9:40:18 AM PDT by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: Domandred
The first warrant identified Dale Barlow by name and his birth date. The copy on file in court does not list the name of the investigator who petitioned for it.

I don't know what the normal procedure for obtaining warrants is, but it seems incredible to me that a document as important as a search warrant wouldn't have the name of the requesting officer on it. Perhaps it's document some other way, and if so, that would cover my concern here.

6 posted on 04/09/2008 9:42:36 AM PDT by DoughtyOne (McCain is rock solid on SCOTUS judicial appointments. He voted for Ginsberg, Kennedy and Souter.)
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To: Domandred
If this was anyone but the FLDS people would probably be up in arms about 4th Amendment and illegal search and seizures. Not to mention various choice words about Social Services.

Agreed and well stated. This thread will most likely end up ignoring the "poisonous fruit" and argue the differences between religious doctrines.

7 posted on 04/09/2008 9:44:19 AM PDT by beltfed308 (Heller: The defining moment of our Republic)
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To: Vaquero

So it’s okay to throw out the 4th Amendment when children are being raped?

Lets say your neighbor who goes to your church is under suspicion for child abuse. Does that make it okay for the authorities to take YOUR kids and search YOUR house as well as your neighbor’s because you go to the same church?

It’s for the children after all, and you do go to the same church and live next door so you might just also be a child abuser because your neighbor is.


8 posted on 04/09/2008 9:45:28 AM PDT by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: Vaquero

If improper procedure can be used against people we don’t like, they can also be used against people we do like.

It is important to make sure that proper procedures are used for a number of reasons. For instance, do you want someone to get off on a technicality because someone didn’t adhere to strict guidelines concering warrants? I don’t.


9 posted on 04/09/2008 9:45:44 AM PDT by DoughtyOne (McCain is rock solid on SCOTUS judicial appointments. He voted for Ginsberg, Kennedy and Souter.)
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To: Domandred
First warrant was wrong.

The guy named in the first warrant was not at the compound, he was in Arizona, but authorities didn’t try to get him there.

The first warrant gave them an in to the compound to get a second warrant.

If this was anyone but the FLDS people would probably be up in arms about 4th Amendment and illegal search and seizures. Not to mention various choice words about Social Services.


Bttt
10 posted on 04/09/2008 9:46:44 AM PDT by firewalk
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To: DoughtyOne
For instance, do you want someone to get off on a technicality because someone didn’t adhere to strict guidelines concering warrants?

That's a good point too.

I'll agree that there was most likely various child abuse issues going on in the compound. A good lawyer however will chew the crap out of the warrants and child abusers will walk because of the way this raid was handled.

11 posted on 04/09/2008 9:49:58 AM PDT by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: Domandred; DoughtyOne

Seems to me some of you are out there to protect your LDS brethren, and could give a rats @$$ about the kids being raped in the compound. Of course no one wants to see the wrong people arrested.

PS my neighbor who goes to my church does not live in a cult compound.


12 posted on 04/09/2008 9:54:03 AM PDT by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: Domandred

I’m not sure of that yet. Still, as a general rule, strict guidelines need to be adhered to. It protects the case and all parties concerned.

Many a good case has been thrown out due to improper procedures. In some instances the rulings have been absurd. Still, you don’t give a guy an opening. And you don’t betray the implied trust a victim has in the system, by soiling their case.


13 posted on 04/09/2008 9:55:54 AM PDT by DoughtyOne (McCain is rock solid on SCOTUS judicial appointments. He voted for Ginsberg, Kennedy and Souter.)
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To: Domandred
If this was anyone but the FLDS people would probably be up in arms about 4th Amendment and illegal search and seizures. Not to mention various choice words about Social Services.

I am not buying the story about the girl either. They can not find her for 4 days and now all of a sudden this Joni Holm who has been right there all along suddenly knows the real story BUT they still can't locates her.

" But Joni Holm, who has helped children leave the FLDS, said the teenager who called officials on March 29 and 30 and claimed she was abused is married to a different, younger man.

Ok, now it is definitely the wrong guy on the warrant and despite having been right under their nose for all this time Joni never thought to tell them where "the teenager who called" is staying.

This one just might go south big time for the LEO.

14 posted on 04/09/2008 9:59:24 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: DoughtyOne
"Still, as a general rule, strict guidelines need to be adhered to. It protects the case and all parties concerned."

Except if your name if Kathryn Johnston, then you just get to bleed out on the living room floor while the 3 cops plant drugs to cover their botched drug raid.

http://en.wikipedia.org/wiki/Kathryn_Johnston

On April 26, 2007, Smith and Junnier pleaded guilty to manslaughter, violation of oath, criminal solicitation, and making false statements. Smith additionally pleaded guilty to perjury. Furthermore, the federal probe into the police department revealed that Atlanta police routinely lied to obtain search warrants, including often falsifying affidavits.

15 posted on 04/09/2008 10:05:28 AM PDT by rednesss (Fred Thompson - 2008)
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To: Vaquero
Seems to me some of you are out there to protect your LDS brethren, and could give a rats @$$ about the kids being raped in the compound.

To the contrary. If the kids were being raped then the perpetrators might walk because the "law enforcers" didn't give a rats a$$ about the kids either if they had done their job the right way.

Does that describe the situation better?

16 posted on 04/09/2008 10:08:02 AM PDT by beltfed308 (Heller: The defining moment of our Republic)
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To: Domandred
If this was anyone but the FLDS people would probably be up in arms about 4th Amendment and illegal search and seizures. Not to mention various choice words about Social Services.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I definitely agree.

Also...removing 419 children from their mothers and fathers is a DRASTIC action to be taken, and emotionally very traumatic to these kids. Surely not all of those 419 children were abused.

However,,,In following these polygamy stories, I am concerned that women and young girls are held in these homes against their will. Also, when women do choose to leave these polygamous households, am I correct that they often lose custody of their children?

17 posted on 04/09/2008 10:09:01 AM PDT by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: beltfed308

Agreed and well stated. This thread will most likely end up ignoring the “poisonous fruit” and argue the differences between religious doctrines.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Sad but true.

Also, it bothers me that 419 children have been ripped from their families on the basis of one 16 yr old girl’s report.

I **seriously** doubt the 419 children are abused, but I do know that likely 419 children are horrendously emotional bereft to be snatched from their mothers and fathers. Poor kids! I call that government child abuse!


18 posted on 04/09/2008 10:12:26 AM PDT by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: Vaquero
Seems to me some of you are out there to protect your LDS brethren, and could give a rats @$$ about the kids being raped in the compound.

The LDS brethren would be more likely of being convicted, if proper procedures were adhered to, than if they weren't.

Do you remember the McMartin Preschool mess?  The owner and the employees of that daycare center were incarcerated for years, prosecuted to the full extent of the law, and found to have been completely innocent of all charges.

Up front, the public wanted those folks hanged.  The charges simply overpowered the public's ability to think rationally about the case.  Those charges were so powerful, that it affected daycare center polices far and wide.  And then we found out that absolutely nothing bad ever took place.

The charges in this case are very inflamatory.  A lot of people are advocating we lop off heads.  If this all pans out, I'm going to support very stiff penalites.  I don't see justice being defeated because we ask for the laws on the books to be adhered to.  In fact I see problems if those laws are not ahered to.

How would you like it if all evidence discovered via the first warrant, was deemed to be inadmissable?  That could severely limit the government's ability to prosecute.

Of course no one wants to see the wrong people arrested.

I agree.

PS my neighbor who goes to my church does not live in a cult compound.

We are talking about a farm.  You did know that right?  When the authorities start using terms like "compound" to describe a farm, your ears should perk up.

Many farms have a house, a barn, a grainery, an equipment building, a garage...  does that make them compounds?  If so we have a lot of families we thought of as farmers, who are actually compounders.

Your ears should perk up when you start to see inflamitory words being inserted into the descriptions of these incidents.  When that starts someone is trying to manipulate the public.

19 posted on 04/09/2008 10:12:34 AM PDT by DoughtyOne (McCain is rock solid on SCOTUS judicial appointments. He voted for Ginsberg, Kennedy and Souter.)
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To: Vaquero
Seems to me some of you are out there to protect your LDS brethren

The FLDS are NOT my LDS brethren. I am protecting US Citizens from illegal search and seizure. I could care less what their religion is.

, and could give a rats @$$ about the kids being raped in the compound.

Yes I do care, but I also care that the authorities get the RIGHT people, and not everyone else just because they happen to be affiliated by religion.

Of course no one wants to see the wrong people arrested.

But it's okay to arrest everyone else in the process who happens to be affiliated with the wrong people in your book?

PS my neighbor who goes to my church does not live in a cult compound.

Yea but how much longer until it doesn't matter if your in a compound or not? Just because you don't like someone doesn't mean you can ignore search and seizure laws, proper warrants, and the Constitution and when dealing with them.

You can let your hatred of the LDS church cloud your judgement all you want. I probably dislike the FLDS church probably more then you dislike the LDS church, but that doesn't change my love for the laws of the land and the Constitution.

Once we start ignoring them for one group, then eventually we start ignoring them for others too.

20 posted on 04/09/2008 10:14:25 AM PDT by Domandred (McCain's 'R' is a typo that has never been corrected)
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