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State may try to seize sect's assets
Star-Telegram ^ | May 20, 2008

Posted on 05/21/2008 10:33:34 AM PDT by Wolfie

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To: patton
The development came after proceedings in which more "girls" taken into custody by Texas Child Protective Services convinced the agency they are really adults, bringing the total to 10.

More are expected to be similarly reclassified this week, weakening the agency's claim that dozens of underage girls were forced by the sect to have sex with older men.

http://www.chron.com/disp/story.mpl/front/5793538.html

41 posted on 05/21/2008 6:11:26 PM PDT by Orange1998
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To: TruthConquers
Seems they have wised up the second time.

FLDS spokesman Rod Parker said two CPS workers accompanied by a Schleicher County sheriff's deputy arrived at the Yearning for Zion Ranch between 11 a.m. and 11:30 a.m. Wednesday.

Parker said the CPS workers told men from the ranch who met them at the gate, including church member Guy Jessop, that they'd heard there were more children on the ranch. "They wanted to know if they could come in. I asked, 'Do you have a search warrant?' " Guy Jessop told reporters. The workers didn't have a warrant and were refused entry, he said.

http://www.chron.com/disp/story.mpl/front/5793538.html

42 posted on 05/21/2008 6:15:38 PM PDT by Orange1998
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To: Wolfie
"That compound didn't grow out of fairy dust," state Sen. Robert Deuell, R-Greenville, said after a Senate Finance Committee hearing where he urged state health officials to determine whether members of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), or even the sect as a whole, be held responsible for the cost of care. "Why should we be footing the bill when they've got assets?"

A Republican? No wonder the party has gotten such a bad name. A mush-head and a statist first.

43 posted on 05/21/2008 6:17:47 PM PDT by Puddleglum
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To: Orange1998

Thanks - from your link”

Sloan and other lawyers for these disputed girls said on Tuesday they believe CPS deliberately classified them as children so that their own investigators, together with Texas Department of Public Safety officers, could interview them without their attorney present.”

From the FBI -

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

#####

CPS workers face the death penalty for kidnapping, under this law.

Ten people were kidnapped, maybe more.


44 posted on 05/21/2008 6:21:31 PM PDT by patton (cuiquam in sua arte credendum)
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To: Saundra Duffy

I am not going to post the above on any more threads, but you might want to see it.

The 27 yo presented both a valid DL and BC when CPS took her into custody. Absent other evidence that she was under 18, it seems fairly obvious that they kidnapped her.

That is a federal death-penalty offense.


45 posted on 05/21/2008 6:44:44 PM PDT by patton (cuiquam in sua arte credendum)
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To: Wolfie

I hear ya.


46 posted on 05/21/2008 6:53:48 PM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: Orange1998

That’s sorta my take as well. It sure doesn’t make the government look any better does it.


47 posted on 05/21/2008 6:56:45 PM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: LeGrande

Well, I don’t know if I’d go quite that far, but I do see clear abuse of power here. This case really stinks IMO.

If they do take the farm, I think that’s wrong.

What it says is that every kid and every adult at that farm were criminals. If nobody deserves a home there, then they are all guilty of something.

This is dead wrong.


48 posted on 05/21/2008 7:04:26 PM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: Soliton

Well, I’ll tell ya, I’m not far from that perception. I don’t like what I am seeing down there.


49 posted on 05/21/2008 7:05:08 PM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: ravingnutter

You know what, I agree with you. If there were crimes committed, and I’m fairly sure there where, then it’s time to put up or shut up. If we get beyond two months here without charges being filed, I think it’s time to take the government of Texas to task.


50 posted on 05/21/2008 7:07:20 PM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: GovernmentShrinker

“Why? You’re clearly not really interested in the facts. If you were, you’d have been reading the articles that have been coming out about this case for several weeks now...”

If you have no evidence, just say so. I have followed this case closely since it broke. I however do not believe propaganda ut out by anti-FLDS activists like Carolyn Jessop. That is why I put the word “credible” in my request. If there were welfare fraud, the CPS would have names and ages at their fingertips as well as a crime to charge them with. Its just not there.


51 posted on 05/21/2008 7:47:09 PM PDT by FreeInWV
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To: DoughtyOne
What it says is that every kid and every adult at that farm were criminals. If nobody deserves a home there, then they are all guilty of something.

Actually the State isn't saying that at all. The State considers this a civil matter and has placed the burden of proof on the FLDS, forcing them to prove that there is no child abuse before they will return the children. It is almost impossible to prove a negative.

That is why there has been no criminal charges. If there were criminal charges the State would have the burden of proof and a higher threshold to meet. The State is using the Civil law to fish for Criminal violations.

My best bet is that the State and the Feds are going to get them on imputed income as the FLDS members try to show a source of income as they try to get their kids back. The FLDS mothers are faced with a dilemma, show a source of income, or never see their kids again. The only way the FLDS can win is if they give up their kids for many, many years and it only takes a single dissenter of the FLDS for them to lose.

This case will set a huge precedent and I fear that some people who are praising the States actions, may someday feel the boot of the State on their own neck.

52 posted on 05/21/2008 8:30:28 PM PDT by LeGrande
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To: Graybeard58; FreeInWV
You did not cite my post in your earlier reply. By saying I said it, you are a liar. Here's the reply you put in italics and claim is mine. It is not:

"That certainly disputes the claims of the anti-FLDS activists here that all of the women and children were on welfare."

You are correct the quote was from FreeInWV. He was referring to statements by your anti FLDS Cabal members.

You subsequently said.

I hope they lock away every old child rapist in this cult.

Proving the point that you Cabal members make unsubstantiated allegations.

53 posted on 05/21/2008 9:41:15 PM PDT by LeGrande
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To: LeGrande

Precedent is something folks either don’t understand or don’t seem to care about anymore. I’m with you. There are aspects of this case that should scare the hell out of any sane person, but either there aren’t many sane persons around any longer, or they just don’t care as long as someone they hate ‘gets what is coming to them’ legally or illegaly.

I appreciate your comments. The point about civil vs criminal is something I hadn’t realized was going to be used to the extent that it has been and appears to be in the near future.

Unfortunate.


54 posted on 05/22/2008 1:25:16 AM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: FreeInWV

Check the information that the Utah Attorney General has put out over the past few years.


55 posted on 05/22/2008 12:05:06 PM PDT by GovernmentShrinker
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To: DoughtyOne

Who cares. Asset forfeiture doesn’t require a charge to be filed against anyone.

I say if this tactic is good enough to screw someone accused of growing a pot plant, it’s good enough to screw another group of people that the government doesn’t like.


56 posted on 05/23/2008 10:34:01 AM PDT by Nate505
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To: Nate505

Whether we agree with the homes taken from those who raise pot plants or not, the idea that the home of approximate 600 individuals most of whom are guilty of nothing should be taken, does trouble me.

The government in this case who says they care about their well being, seems perfectly willing to steal these children’s collective assets.

It would also trouble me if the home to 600 people, a few of which had some pot plants were taken.

In fact, it would trouble me a great deal if a single family dwelling were taken after a few pot plants were found.

If we’re talking about a home that isn’t being used as a dwelling, and is being used to cultivate pot, I’d have little problem with it.


57 posted on 05/23/2008 10:43:27 AM PDT by DoughtyOne (If you continue to hold your nose and vote, your nation will stink worse after every election.)
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To: Graybeard58

and yet there have been no “child rapists” found.. at all. not one.. all the “underage girls” have been found to be adults.. all but one who had her baby when she was 17. Where is your evidence that anyone is raping children? Hard to let go and admit you were dead wrong?


58 posted on 05/24/2008 5:35:45 AM PDT by Awestruck (All the usual suspects)
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To: microgood
Reminds me of Stalin killing the husband and sending the wife a bill for the bullet.

Or the French charging the Jews for the train ride. Horrifically, morbidly creepy. This Deuell guy needs his ass kicked.

59 posted on 05/24/2008 5:59:27 AM PDT by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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