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Court: Texas had no right to take polygamists' kids 3 minutes ago
AP via Yahoo ^ | 5/22/08

Posted on 05/22/2008 10:46:31 AM PDT by ElkGroveDan

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To: Marie

Possibly. I think it’s more likely that the Judge and the Sheriff and the CPS people all went to church together and spent time listening to anti-Mormon diatribes in Sunday School, and figured the FLDS were close enough to “Mormon” to be unworthy of constitutional rights or simple human kindness.

When the FLDS nursing mothers were pleading not to be separated from their babies, and the judge blew them off, saying “Mothers all over this country put their babies in day care,” I knew she was biased and rotten.


1,061 posted on 05/23/2008 10:29:32 AM PDT by lady lawyer
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To: lady lawyer
Barlow had never been in Texas. BTW, that was confirmed, not just by Barlow, but by Barlow’s Arizona parole officer.

Do you know when that occurred?

Someone had told me that investigators called Barlow before the raid, but I'm not able to find any articles or documents specifying that.

1,062 posted on 05/23/2008 10:29:50 AM PDT by untrained skeptic
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To: eleni121
We need a SC packed with Alitos and Scalias and Thomas to right those injustices.

Not going to happen though...and a tangent issue to my point.

Given what really IS....polygamy, practiced without child abuse, is arguably less of an offense than swingers. At least there is some support commitment and religious belief. Yet swingers are openly tolerated and its "none of our business". Consenting adults and all that. Yet polygamy is not at all tolerated. That of course makes no apparent logical sense.

One has to ponder what's up with that even if one approves of none of them.
1,063 posted on 05/23/2008 10:30:55 AM PDT by Arkinsaw
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To: untrained skeptic

As I said, I don’t know exactly when. I don’t know whether it was before they executed the first warrant, or after that, but before they took the kids. But I’m pretty confident they knew the first warrant was baseless before they took the kids.


1,064 posted on 05/23/2008 10:33:02 AM PDT by lady lawyer
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To: Arkinsaw

Its not the polygamy the left has a problem with, its the religious connection. If you are willing to push God out of the equation then you can do anything.


1,065 posted on 05/23/2008 10:33:58 AM PDT by driftdiver
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To: lady lawyer
When the FLDS nursing mothers were pleading not to be separated from their babies, and the judge blew them off, saying “Mothers all over this country put their babies in day care,” I knew she was biased and rotten.

That was the exact quote that led me to believe that the FLDS are dealing with a radical feminist who has no respect for family, true femininity or the mother/child bond.

1,066 posted on 05/23/2008 10:34:48 AM PDT by Marie (Why is it that some people believe everything that happens is the will of G-d - except Israel?)
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To: Jeff Head
there was no legal right or reason to take the children, but did not order them returned.

That's next. It's all but certain these mothers will prevail. Texas law is crystal clear on this point. Lacking 'iminent danger', there's no legal justification for taking those kids.

I don't support these people at all. But that doesn't mean they don't have legal rights.

Either the State of Texas should start issuing Indictments for all the stuff they claim has been going on, or they need to start returning these children to their parents.

In spite of all the claims of criminal wrongdoing not one single person who lives in that 'compound' has been charged as of yet with one single crime.

Not one.

If they can get indictments, they need to do it. If not they need to back up or these FLDS freaks are going to have the only solid gold 'compound' in the Country. And it will come courtesy of the taxpayers of the Great State of Texas.

L

1,067 posted on 05/23/2008 10:37:27 AM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR, to get them within throat-cutting range.)
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To: Arkinsaw

call it plural marriage or open marriage or swinging and its celebrated. Call it polygamy and have any reference to God and its condemned.

Women who are homemakers are weak kneed and brainwashed, just shy of being a criminal.

That is the true crime according to the left. Amazing that Texas has morphed into this.

Any other religion that rebukes the left can expect similiar treatment.


1,068 posted on 05/23/2008 10:41:09 AM PDT by driftdiver
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To: Marie

I just assumed that that was what she had done with her children, so she just figured that no child was entitled to, or needed, better treatment.

She certainly could be a radical. But she is also an elected judge. That tends to produce inferior quality, and one who will pander to the biases of a particular community, regardless of what the law says. I think the good folks of that part of Texas had pretty much whipped themselves into a frenzy over the FLDS.


1,069 posted on 05/23/2008 10:43:36 AM PDT by lady lawyer
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To: driftdiver
Its not the polygamy the left has a problem with, its the religious connection. If you are willing to push God out of the equation then you can do anything.

Exactly, that is my point. Whether or not we agree with the concept of their religion...we must cast a wary eye on the reason for the double-standard in government tolerance (polygamy versus swingers for instance). A key aspect is "religion" not a particular religion.

So we must watch the government actions closely and make sure that even these people we disagree with have due process and careful consideration for their rights....because their odd religion could be a canary in the coal mine for our own.
1,070 posted on 05/23/2008 10:43:40 AM PDT by Arkinsaw
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To: driftdiver
I assume they are one and the same. If he had evidence of a crime than he would be able to get a warrant. If all he had was suspicions then he wouldn’t be able to get a warrant (except in CA).

You seem to have a strange definition of evidence that only includes things that absolutely prove that a particular crime has been committed.

To get a valid warrant you need to show probable cause to believe that a crime was committed. Not show that a crime had unquestionably been committed.

Investigations often accumulate evidence that a crime may have been committed until they have a body of evidence that as a whole indicates that a crime had probably been committed and defines the crime clearly enough to get a warrant.

1,071 posted on 05/23/2008 10:43:53 AM PDT by untrained skeptic
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To: Lurker
Agreed. I do not agree with their lifestyle, the marital leanings (but then I believe living together out of wedlock and fathering and mothering children in that sense to be equally sinful and dis-tasteful) or their theology, but as US citizens they do have the same legal rights as we do and those must be honored.

When they are not, we are all placed in jeopardy.

The rights of these people have been trampled and they must be restored post haste.

As you say, if they have valid, admissable evidence that can lead to constitutional warrants, indictments, and convictions of criminal behavior, then by all means, proceed. I am 100% in suppor tof that. But do not destroy justice, the system that defends it, and the constituion in an attempt to fish for, dredge up, or manufacture the same because the way these folks lives offens most of our sensebilities.

If they are committing no crime or harm, the free market will ultimately take care of the situation. If they are criminally harming others, then deal with that directly..

1,072 posted on 05/23/2008 10:47:51 AM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: exhaustedmomma

Thanks for the link. I have read that. Usually it is better for all if you cooperate with the law. The FLDS sect is very paranoid and afraid of the ‘outside’ world. I’m not excusing their conduct, but I can understand it. It’s a big can of worms.


1,073 posted on 05/23/2008 10:52:22 AM PDT by Utah Girl (John 15:12, Matthew 5:44)
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To: Jeff Head
if they have valid, admissable evidence that can lead to constitutional warrants, indictments, and convictions of criminal behavior, then by all means, proceed. I am 100% in suppor tof that. But do not destroy justice, the system that defends it, and the constituion in an attempt to fish for, dredge up, or manufacture the same because the way these folks lives offens most of our sensebilities.

Well said my friend.

It's been painful to watch the number Freepers who are perfectly willing to throw out Constitutional protections because they don't like the group involved.

It's not only painful, it's downright scary.

Either the Rights of ALL of us are safe, or the Rights of NONE of us are safe. There is no middle ground.

None.

L

1,074 posted on 05/23/2008 10:52:27 AM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR, to get them within throat-cutting range.)
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To: FreeInWV

Thanks for the correction. I jumped to that conclusion because many of the FLDS people in Texas are from Utah initially (Hilldale/Colorado City) and they do use Medicaid. I made the assumption that they were doing the same thing in Texas without any evidence.


1,075 posted on 05/23/2008 10:54:21 AM PDT by Utah Girl (John 15:12, Matthew 5:44)
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To: untrained skeptic

“You seem to have a strange definition of evidence that only includes things that absolutely prove that a particular crime has been committed.”

You’re moving the line. Police don’t prove a crime, they collect evidence and write reports. Courts, lawyers and juries prove crimes.

“To get a valid warrant you need to show probable cause to believe that a crime was committed. Not show that a crime had unquestionably been committed.”

I never said different. In several years of investigation they couldn’t obtain enough evidence of a crime to get a warrant. Sounds like a witch hunt to me.

‘Investigations often accumulate evidence that a crime may have been committed until they have a body of evidence that as a whole indicates that a crime had probably been committed and defines the crime clearly enough to get a warrant.”

Sure they do and yet they were unable to until this anonymous call about a guy they knew wasn’t in the state. The police and CPS are the only people who broke the law here. At least until someone has evidence otherwise.


1,076 posted on 05/23/2008 10:58:03 AM PDT by driftdiver
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To: ElkGroveDan

Major lawsuits coming.


1,077 posted on 05/23/2008 11:02:59 AM PDT by chessplayer
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To: CharlesWayneCT
There a bunch of semi-anonymous people of unknown training and background making comments on an internet site.

I’m pretty sure they are not a grave threat to America.

I think the hardliners on our college campii are a threat, and these posters have joined ranks with those Leftists.

For all we know the posters ARE the hardliners from colleges across America, their methods are identical.

Don't think it can't happen here. It already has.

1,078 posted on 05/23/2008 11:24:32 AM PDT by Balding_Eagle (OVERPRODUCTION......... one of the top five worries for American farmers.)
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To: AFPhys

The older children were put in foster homes separate from their mothers. All infants under age one were kept with their mothers, regardless of whether their mothers were being classified as minors or adults. And in many cases, mothers being classified as minors who had children older than 1 year were also kept with their children. The news articles re the 2 newborns, which reported that CPS had filed petitions in court to “take custody” of the babies, were just legal maneuvers and in no way were petitioning the court to separate these newborn babies from their mothers. They were establishing legal custody, just as they had previously done with all the children, including the ones under age one who were kept with their mothers.


1,079 posted on 05/23/2008 11:29:02 AM PDT by GovernmentShrinker
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To: lady lawyer

And what exactly makes you so confident?


1,080 posted on 05/23/2008 11:41:50 AM PDT by Antonio C (God bless John McCain, George W. Bush, and our troops)
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