Posted on 05/30/2008 5:34:10 PM PDT by festus
SAN ANGELO, Texas - A plan to begin reuniting parents with more than 400 children removed from a polygamist group's ranch has been thrown into doubt because a judge and the families are clashing over proposed restrictions.
Texas District Judge Barbara Walther has refused to sign an order restoring custody to the parents until they agree to more restrictions than state child-welfare officials have proposed.
Walther was directed by an appeals court to reverse her ruling last month putting all children from the Yearning For Zion Ranch into foster case. The Texas Supreme Court affirmed the appeals court's decision Thursday and rejected the state's argument that all the children were in immediate danger from what it said was a cycle of sexual abuse of teenage girls at the ranch.
Sorry, I neglected to respond to this one.
I see two fundemental issues with the progress of these cases.
First, that CPS treated them all as one, which appears to be in violation of law.
I think it was Diamond who said, “mass guilt is not a hallmark of due process”, or similar.
2nd, that the lower court did the same.
Judge Walther seems to STILL be doing that, as does CPS.
If the TX SC intravenes again, it will probably be to say BAD DOGGIE! on this exact point.
But, what do I know? IANAL.
Why a DNA test? What purpose could it serve? If required later by a court, the test you did would not serve, probably. The same is probably true with the CPS DNA tests. In order to have any relevance whatever, the CPS would have to have taken fingerprints to accompany every DNA sample and somebody would have to testify as to the connection between the DNA and the fingerprints.
What the CPS did was an attempt to establish the details of certain suspected crimes, without having the probable cause to collect the evidence. If the CPS "evidence" DID indicate a possible crime, all the samples that were relevant would probably have to be repeated.
I think the judge was trying to scramble eggs as fast as possible so she could not be undone.
I do too. My interest began when I realized that I kept hearing the term "Watergate" years ago without knowing to what it referred.
When I attempted to find out what it referred to, I was surprised to find myself looking at a grand conspiracy that eventually sent over sixty people to prison, most of them lawyers, and which brought about the resignation of one President who was also unjustifiably pardoned by his successor.
During the process, burglaries were committed, bribes paid, hush money delivered, and massive perjury committed.
In addition, the Supreme Court of the United States ruled that the President is not above the law and must surrender evidence in a criminal proceeding, which evidence showed irrefutable signs of tampering to erase 18 minutes.
It was an interesting time.
Hmmm... why DNA?
Actually, good question. I am on the fence.
Fingerprints +DNA - silly. If I need to establish that person A is Person A that I tested last week, I can simply test Person A again.
“What the CPS did was an attempt to establish the details of certain suspected crimes, without having the probable cause to collect the evidence. “
Yes - and while the cildren were in custody, illegally. Hence the evidence, in the eyes of the court, does not exist (excepting Judge Walther).
” If the CPS “evidence” DID indicate a possible crime, all the samples that were relevant would probably have to be repeated.”
There is no CPS DNA evidence, hence no grounds for a warrant for repeat tests, if the first round of DNA is ruled poisened.
Would you believe that during the watergate era, I was a little kid weaving my way through flower children on the campus of Columbia University?
The hippies took my Dad hostage one day in the grad library, and my mom packed him a lunch.
I climbed up the outside of the building, and handed it to him through his office window.
Come to think of it, I think Dad was happy to stay in his office and study for a few days.
“I have even seen some here argue that Warren Jeffs was framed.”
Can you refer to those threads? I have never seen that posted once let alone numerous times.
You have been watching Nancy!
I think she knows very good and well that whatever "evidence" they have collected is not admissible and she wants to make an end run around this problem.
Sounds reasonable to me.
Geez. The court has no say in the ‘lifestyle’ of the accused.
Remember the child killed by a predator in San Diego a few years ago.. the Step Father and Mother were swingers and that had no relevance in how the case was investigated or prosecuted. Had it any relevance the mother should be doing time right along with the POS who killed the child.
You almost got that right.
CPS is nothing but a bunch of screwups. The only thing unique here is that they are going to pay for it.
That sounds like the Muslim style of divorce:
I divorce you
I divorce you
I divorce you
only it’s marriage!
I know a lot of women who would like to use that angle! LOL!
The problem with CPS in every state is that the mistakes that they don’t bury (literally) generally have someone living a lifetime of suffering.
would the next step be to go back to TX SC or back to appeals court and if appeals court and they rule dose that give her another appeal at the TX SC
I don’t know, honestly.
Come Monday, we will all know, however.
Polygamy sucks for the women and children. Tell me, how do you think you would feel the day your wife took another husband? Think that wouldn't hurt? Assuming you had any feelings or him? On the other hand, if I was forced to marry a man twenty years my senior whom I didn't love, I'd probably be counting the days until he took another wife and took his slimy self away from me.
My first issue with this case in the first warrant. I do not believe proper procedure was followed obtaining it. The complainant was not know to anyone nor were the statements investigated. “Sarah’s” trip to the hospital would have generated paperwork, at a minimum-billing records and at a maximum-a flag of child for abuse.
Then, the 2nd warrant is based on “evidence” gathered by execution of the first. How did CPS determine these “pregnant minors” were in fact minors, pregnant, and got this way through rape?
Then we get the judge who chooses to violate statutes. And it continues.
Don’t really think it’s going to work and may very well work in the cult’s favor.
I am not sure about the initial warrant - it may be that CPS lied to the Judge, or it may be that the Judge saw what she wanted to see, in the evidence presented.
Or some of both.
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