Posted on 05/07/2008 5:55:49 AM PDT by MizSterious
Texas AG will prosecute any criminal cases from polygamous ranch raid |
| By Nate Carlisle The Salt Lake Tribune Salt Lake Tribune |
| Article Last Updated: |
| SAN ANGELO, Texas - A judge has ordered the Texas attorney general's office to prosecute any future criminal cases connected to last month's raid on a polygamous sect's Eldorado ranch. In a request filed Monday, Tom Green County District Attorney Stephen Lupton asked the state to step in. In a one-paragraph order issued the same day, a state judge instructed the attorney general to review any possible charges arising from two search warrants served on the YFZ Ranch, home to members of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Jerry Strickland, a spokesman for Texas Attorney General Greg Abbott, did not know what type of charges the office would consider, but said: "Our office has been in communication with law enforcement as well as prosecutors." Utah Attorney General Mark Shurtleff has said his office will not prosecute bigamy among the FLDS unless someone is committing additional felonies, such as sexual abuse or fraud. Strickland said the Texas attorney general has not made such a declaration. The case volume had the potential to burden the Tom Green County district attorney's office, which has jurisdiction for felony cases in a five-county area with a combined population similar to West Valley City. Lupton also is dealing with a recent leukemia diagnosis. Texas Child Protective Services (CPS) has said there is evidence adult FLDS men were having sex with underage girls. Officials also have said 41 of the 464 FLDS children in custody had histories of broken bones, but have acknowledged that it has not been determined whether any of those injuries were the result of abuse. Two men arrested for allegedly interfering with police during the raid have not been charged. CPS said Tuesday it is assessing the FLDS children to develop individual education plans. It is planning for children to be taught in foster care facilities, not public schools, the agency said. Authorities raided the ranch beginning April 3, serving search and arrest warrants that said a 16-year-old girl there had called a hot line claiming her 50-year-old husband was abusing her. Neither was at the ranch; the arrest warrant was later canceled and a Colorado woman with a history of making false abuse claims is being investigated in connection with the hot-line calls. Legal experts have said criminal prosecutions could be challenged with the apparently faulty information contained in the original warrants. But lawyers also have said inaccuracies will not be an issue in the civil proceedings determining child custody. CPS officials have said that once on the ranch, they found evidence of abuse. ncarlisle@sltrib.com --- * BROOKE ADAMS contributed to this report. Texas laws that may come into play
A number of laws may come into play if a special prosecutor decides to pursue criminal charges against FLDS residents of the YFZ Ranch in Eldorado: * Age of sexual consent: The age of consent in Texas is 17. But anyone charged can raise as a defense that the victim is older than 14; is not someone the defendant is barred from marrying or purporting to marry; and their age difference is three years or less. * Bigamy: In 2005, Texas strengthened its bigamy law to address unions that are not legally sanctioned but have the "appearance" of a marriage. Bigamy with someone age 16 or older is a second-degree felony; it is a first-degree felony if the victim is younger. * Sexual conduct: The law prohibits sexual conduct when there is a relationship based on full- or half-blood; a stepfamily tie; an adoption; half or full aunt, uncle, brother or sister. * Marriage: Until September 2005, it was legal for a 14-year-old to marry with parental permission; the age then moved to 16. This applies, however, to legal marriages only. - Brooke Adams |
While I was aware of the fact that LDS men had married many wives, I was not aware that some women had polyandry marriages. That is where the women were already married with one husband then take on another. It seems that several of Joseph Smiths marriages were of the polyandry type.
The Lost Boys reminds me of the old tribal custom of taking young boys and sending them into the jungle to prove(obtain,face?) their manhood.
Except, the Lost Boys aren’t given the education to deal with the monster,nor any weapons,nor any training in self defense.
And they aren’t allowed to come back, even if they beat the monster.
From the link: ““Mark Shurtleff had done more to protect people in polygamist communities than anyone,” he said.”
It looks like Utah only wanted to “manage” the practice as they have for 150 years rather than truly seek to bring down the cult as real law enforcement would have(and is).
Shurtleff got Jeffs but if he doesn’t start backing Texas’s bold action then it starts to look like he took down Jeffs just to get the cult to tone down a little, and to get some political cover from activists like Flora.
It just doesn’t seem like Utah’s heart is in this.
(Boy, I always thought that it was legislators representing voters who established the boundaries of the law, not a state attorney general who decides by his all lonesome self what the law will or will not be de-facto).
There ya go Utah. I guess you've gotten what you've always wanted: Legalized bigamy! (Law on the books. Doesn't matter. An unenforced law is no law at all!)
The polygamist camp has regained control of what the mainstream Mormon church "gave away" on the surface in 1890 and finally started internally enforcing in earnest about 1909-1910.
That woman sounds like a dishonest, lying, unstable wacko.
How DARE she criticize, even mildly, the lovely pure flds cult??
:p
The stories about the waterboarding and spanking of two year old boys in order to instill fear for their male elders made me sick.
Daily Thread Ping...it’s a “Dilly” thread!
PING!!
FReepmail to be added to the FLDS Eldorado Legal Case Ping List
He better strike while the iron is hot or lose all momentum. This anti-polygamy thing is how to prevent islam from seeding itself like wildfire throughout the western hemisphere.
Texas laws that may come into play
A number of laws may come into play if a special prosecutor decides to pursue criminal charges against FLDS residents of the YFZ Ranch in Eldorado:
* Age of sexual consent: The age of consent in Texas is 17. But anyone charged can raise as a defense that the victim is older than 14; is not someone the defendant is barred from marrying or purporting to marry; and their age difference is three years or less.
* Bigamy: In 2005, Texas strengthened its bigamy law to address unions that are not legally sanctioned but have the “appearance” of a marriage. Bigamy with someone age 16 or older is a second-degree felony; it is a first-degree felony if the victim is younger.
* Sexual conduct: The law prohibits sexual conduct when there is a relationship based on full- or half-blood; a stepfamily tie; an adoption; half or full aunt, uncle, brother or sister.
* Marriage: Until September 2005, it was legal for a 14-year-old to marry with parental permission; the age then moved to 16. This applies, however, to legal marriages only. - Brooke Adams
++++++++++++++++++++++++++++++++++++++++++++++
So it’s not just about religious persecution of some group that *nobody likes*?
Who wouda thunk?
Theocracy...coming soon to a country near you.
That was my assessment, too. It’s also perplexing that this article isn’t appearing anywhere else. For all the folks anywhere else know, everyone’s working hard to stop these practices—remember the articles from last week, where they were talking about federal task forces? Much as I dislike the idea of the feds moving in on this, it might be the only way to stop these people. (Also from last week—Utah was adamant that “they could handle it”—meaning, more of the same, if they can just keep the feds out of it.)
New article:
Legal experts say what FLDS can do now is cooperate
http://www.freerepublic.com/focus/news/2012510/posts?page=1
Also posted here, post #5...
Looks to me like the LDS church has ordered them to get this story out of the headlines. Imagine if the AG announced he would not prosecute speeding anymore unless there was an injury accident or manslaughter involved. I know it's not a very good comparison, bigamy is much more serious crime than speeding.
The LDS church is ashamed of all the "Prophetic" quotes from Joe Smith and Brigham Young hitting the media. They cannot simultaneously distance themselves from the FLDS and stay true to themselves...All the years of lies and cover-up are coming home to roost.
Oops.
Sorry I missed that.
By Bob Bernick Jr. and Lee Davidson
Deseret News
Shurtleff, 50, is a conservative GOP attorney general who at times angered core Republicans over his more liberal stands, like including gays in hate crimes laws and opposing Amendment 3, which banned same-sex marriages in Utah.
Shurtleff raised $38,400 from payday loan owners this year, about $1 of every $4 given to him, according to new financial disclosure forms required before Shurtleff faces renomination at Saturday's Republican State Convention in Orem.
Excerpt. Read the rest at source: Deseret News.
Interesting, eh?
It deserved to be a main article—I didn’t find it until after I’d already posted this one. There are some pretty good legal opinions in that one, and I’ll bet a lot of freepers won’t be happy when they read them!
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