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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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To: marajade
what amendments were violated? Please by all means cite them specifically.

The fourth amendment. But you knew that.

201 posted on 04/09/2008 1:57:17 PM PDT by Knitebane (Happily Microsoft free since 1999.)
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To: marajade

it is really easy.

law school criminal procedure 1.

The police now need to scramble to create seperate paths to the same evidence.

The dna tests of the girls’ pregnancies. If they get aboritons, the order the fetus preserved as evidence. GET A NEW COURT ORDER, to take DNA samples of the men.

This was a STUPID mistake that has to be fixed, not excused.


202 posted on 04/09/2008 1:57:21 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

You would have more credibility if you knew how to spell the word, “warrant.”


203 posted on 04/09/2008 1:58:57 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Vaquero

Is that you Janet Reno?


204 posted on 04/09/2008 1:59:21 PM PDT by em2vn
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To: marajade

John Smith was arrested for a warrent issued in the name of Jack Doe.

that is a year 1775 mistake.


205 posted on 04/09/2008 2:00:35 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: GovernmentShrinker
The “entire wrong person” who just happens to have the same last name, nad be a member of the same comparatively small religious group, AND has a conviction for sexual abuse of a 16 year old girl . . .

...and who is on probation in Arizona and who reported to his Probation Officer who interviewed the guy and sent him home, declining the request of Texas DPS to arrest him. Why? Because even though some judge wrote out a warrant that does not excuse the Arizona cops from using some common sense to realize that none of the stuff in the Texas warrant applies to the man BECAUSE HE LIVES IN FLIPPIN' ARIZONA AND HE'S ON PROBATION AND HE'S NOT ALLOWED TO LEAVE TOWN!!!

Geezus, I'm sure I can find a sex offender somewhere whose name is similar to yours. Would that be a justification to arrest you, put your kids into foster care, and seize your property?

206 posted on 04/09/2008 2:03:11 PM PDT by PeterFinn (Charlton Heston & Ronald Reagan - my two favorite Presidents.)
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To: marajade

fortunatly they taught us to use spell check in law school...

(personally I blame the new FR Beta version)


207 posted on 04/09/2008 2:03:40 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

No offense, but you’re in law school and you don’t know how to spell the word “warrant’?


208 posted on 04/09/2008 2:04:57 PM PDT by marajade (Yes, I'm a SW freak!)
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To: PeterFinn

Judges don’t write warrants, they sign them.


209 posted on 04/09/2008 2:06:08 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
what amendments were violated? Please by all means cite them specifically.

Please, by all means, read the thread. Start with the post I replied to.

210 posted on 04/09/2008 2:06:43 PM PDT by Fundamentally Fair (I wrote the original “That’s The Ticket” Skit for SNL.)
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To: Fundamentally Fair

Second time, please cite them specifically.


211 posted on 04/09/2008 2:07:56 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
Are you telling me if at a jury trial you had the victim ID the perp as to sexual and physical abuse and you’d vote to acquit because the cops got the man’s wrong on a search warrant?


No, I am telling you that LONG before it even gets to the jury there will be a motion to surpress which will challenge everything derrived from the warrent and create usless delay on the case.


if the judge grants the motion as a matter of law, the issue will never even REACH the jury.

I like the carpenter's saying, measure twice cut once. The cops screwed up and this NO MATTER HOW IT FALLS will cause delay in the case and cause suffering to these kids all because some cop got cocky.
212 posted on 04/09/2008 2:10:04 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Fundamentally Fair

What amendment did they suspend? Has this search and seizure been determined unreasonable?


213 posted on 04/09/2008 2:11:13 PM PDT by 1035rep
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To: marajade
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Emphasis mine.

Who swore the supporting oath or affirmation?

The description in the warrant of the person to be seized was wrong.

214 posted on 04/09/2008 2:11:17 PM PDT by Knitebane (Happily Microsoft free since 1999.)
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To: marajade

nope, law school is a distant memory, now I have my secretary enter all my posts for me as I sit back suing people...


215 posted on 04/09/2008 2:12:53 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory; marajade
Oh now you've done it.

When I said that the cops had screwed the pooch on this he suggested that I go help represent the defendants, then pouted, then said he was going to stop responding to me.

216 posted on 04/09/2008 2:14:08 PM PDT by Knitebane (Happily Microsoft free since 1999.)
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To: longtermmemmory

Second time, what evidence will be suppressed?

Especially considering you have many minors with buns in the oven.


217 posted on 04/09/2008 2:15:59 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
Second time, what evidence will be suppressed?

All evidence stemming from the illegal search. DNA, the observation that the girls are even pregnant, the doctor's reports, all of it.

Especially considering you have many minors with buns in the oven.

Which the jury will never hear about because the search which turned up those facts was illegal.

218 posted on 04/09/2008 2:18:19 PM PDT by Knitebane (Happily Microsoft free since 1999.)
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To: GovernmentShrinker

“And you can be sure that the only reason she even had a phone number for that hotline was that a hospital staffer slipped it to her when she was being treated for the ribs her husband broke, and couldn’t be persuaded on the spot to accuse him and avoid going back for more abuse (probably because her baby was being held hostage and she feared never seeing the child again).”

A logical, brilliant deduction!


219 posted on 04/09/2008 2:18:59 PM PDT by rightazrain (Stop Obama/Clinton!)
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To: marajade

The minor girls and their babies are a seperate and distinct chain of evidence independent of the warrent. (at least that is what I would be arguing)

I would suggest the evidence incident tot he arrest of the wrong person. Typically this is evinced derrived from his residence, surroundings, on his person. Think. They arrested this “wrong person”. Did they then go to this wrong person’s home? Did they collect pictures? papers? material? all at this wrong person’s home.

They should have been evidence gathering at the residence of the person named in the warrent.

I can’t be more detailed since the DBM generally does not publish evidence collected sheets. They just screw up legal reporting.


220 posted on 04/09/2008 2:21:00 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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