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Texas judge walks off bench; when FLDS children will return is unknown
The Deseret News ^ | 5/30/2008 | Ben Winslow and Nancy Perkins

Posted on 05/30/2008 6:40:22 PM PDT by Utah Girl

The devil was in the details.

Discussions about a proposed order involving the return of children taken from the Fundamentalist LDS Church's YFZ Ranch broke down late this afternoon when attorneys for the families wanted to review proposed changes with their clients.

Judge Barbara Walther announced the attorneys had better get all of their clients' signatures before she would sign the agreement and abruptly left the bench late this afternoon.

A lawyer for the families, Laura Shockley, said she expected attorneys would return to an Austin appeals court Monday to push for an order returning the children. It was the 3rd Court of Appeals that said Walther should not have ordered the children to be removed from the ranch and warned that if Walther failed to act, they would do it for her.

Lawyers for the families said that an agreement had been tentatively reached with Child Protective Services when they walked into court earlier today. Walther, however, expressed concerns about the proposed agreement and called an hourlong recess. She then returned to the bench with her own proposed order.

That led to concerns from many family attorneys who raised objections and questions on behalf of their clients.

The judge added additional restrictions to the the agreement, including psychological evaluations and allowing CPS to do inspections at the children's home at any time. Several of the more than 100 attorneys in the courtroom and patched into the hearing through phone lines objected to the judge's additions.

"The court does not have the power, with all due respect, to enter any other order (other than vacating)," said Julie Balovich of the Texas RioGrande Legal Aid over the telephone. She argued that no evidence justifying the additional restrictions had been entered as evidence before the judge.

After reviewing the appellate court decision, Walther returned to the bench and announced she believed the Supreme Court's decision upholding the appellate court decision gave her the authority to impose whatever conditions she feels are necessary.

"The Supreme Court does say this court can place restrictions on the parents. I do not read that this decision says that this court is required to have another hearing to do that. You may interpret that however you choose."

With that, the judge abruptly left the bench, saying she would await any submitted orders.

Immediately, attorneys in the courtroom and over the phone, expressed confusion.

"What did she say?" one attorney asked.

"Do We have another hearing?"

"What did she order?"

No additional hearings are currently scheduled. The judge signed no orders that would allow for the release of any children.

Lawyers for CPS left the courthouse declining to speak about the hearing.

"I'm going to do what the court directed," said CPS attorney Gary Banks.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: cpswatch; flds; imspeechless; judiciary
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To: abb

Nope - send me your email addy.


281 posted on 05/31/2008 1:24:22 PM PDT by patton (cuiquam in sua arte credendum)
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To: Saundra Duffy

Here are a few facts. The Baptist buses were used because the compound was raided on a Thursday afternoon.

Believe it or not, school was in session that day. The kids had to go home somehow. They ran out of Baptist buses, and they did end up using some school buses later.

I know that you are Mormon and you feel a connection to the FLDS Mormons, but come on! It is possible that this judge has the best interest of the kids in mind!


282 posted on 05/31/2008 1:26:06 PM PDT by JRochelle (Keep sweet means shut up and take it.)
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To: Saundra Duffy
Yep, I know, it would be wrong to call it a “tank” . . . but those tracks got me confused . . . and the military-looking guys with machine guns . . . My husband says in World War I they’d have been called a tank. Silly me.

Actually they'd have called it a Sturmpanzerwagen

Which is another reason we can be glad Germany lost, Imagine having to use "Sturmpanzerwagen" every time you wanted to say "tank".

283 posted on 05/31/2008 1:27:31 PM PDT by Oztrich Boy (Society is well governed when the people obey the magistrates, and the magistrates obey the law)
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To: San Jacinto

“The Supreme Court did not “rule” anything with respect to the initial raid.”

The Tx supreme court said, and I quote: “On the record before us, removal of the children was not warranted.”

IOWs, the raid was not lawful.

So yes, the Supreme Court did find the initial raid unwarranted. You see, the children were removed during the initial raid. The SC said the removal was unwarranted. Therefore, the raid was unlawful.

Hope this helps.


284 posted on 05/31/2008 1:29:19 PM PDT by takenoprisoner (shshshsh, the sheeple are sleeping and do not wish to be disturbed,)
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To: Peter Libra
This includes the judge, whom I am sure is an upstanding citizen. She is sworn to protect people. This is the basis of her job.

Whoa...as far as I know she's sworn to protect the Constitutions of the United States of America and Texas.

285 posted on 05/31/2008 1:32:39 PM PDT by NittanyLion
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To: abb; patton
So let it be written. So let it be done.

“Armored Personnel Carrier, Fully Tracked, Amphibious - But NOT a Tank®”

Well I'm sticking with Sturmpanzerwagen™ 'cos it's shorter and easier to say

286 posted on 05/31/2008 1:33:24 PM PDT by Oztrich Boy (Society is well governed when the people obey the magistrates, and the magistrates obey the law)
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To: takenoprisoner

Nope - I can get a warrant for your house, with resonable suspicion that you are hiding a dead body in your basement.

Now, suppose I sieze the empty friezer out of your garage.

The TX SC says siezing the freezer, especially since I knew it was empty, was not lawful

In no way does that invalidate the initial warrant, it just invalidates the siezure of the freezer.


287 posted on 05/31/2008 1:34:18 PM PDT by patton (cuiquam in sua arte credendum)
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To: Oztrich Boy

I thought you were sticking with Global Security, since they are the world-renowned experts?


288 posted on 05/31/2008 1:37:29 PM PDT by patton (cuiquam in sua arte credendum)
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To: patton

Well, we could just used the word “Panzer” since the literal translation is “armor” or “shell.”


289 posted on 05/31/2008 1:41:32 PM PDT by abb (Organized Journalism: Marxist-style collectivism applied to information sharing)
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To: San Jacinto

Funny about that.


290 posted on 05/31/2008 1:43:53 PM PDT by norton
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To: patton
I said they called it an Armoured Combat Vehicle.

I left open what particular type of ACV the M113 was.

291 posted on 05/31/2008 1:43:54 PM PDT by Oztrich Boy (Society is well governed when the people obey the magistrates, and the magistrates obey the law)
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To: takenoprisoner
Agreed.

But it still feels wrong not to mourn.

292 posted on 05/31/2008 1:46:13 PM PDT by norton
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To: patton
Nope.

Never in my play-book.

I said I was only a passing acquaintance.

And it'd still be scary if parked on your porch.

293 posted on 05/31/2008 1:50:42 PM PDT by norton
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To: Oztrich Boy

“Combat Vehicle” implies that one would intentionally choose to fight in it, as opposed to jump off and run away from it.

The M113 is in the “Jump off and run away” category.


294 posted on 05/31/2008 1:54:06 PM PDT by patton (cuiquam in sua arte credendum)
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To: Travis McGee
Thank you for posting the pic, I wondered what everyone was talking about.
295 posted on 05/31/2008 1:58:31 PM PDT by bigjoesaddle (Toby Keith doesn't want to be fed, Toby Keith wants to HUNT!)
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To: NittanyLion
Whoa...as far as I know she's sworn to protect the Constitutions of the United States of America and Texas.

You have a point there but...... being as it is better to let ten guilty men go free, rather than one innocent man found guilty, there is a risk.

Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.....etc.

"Guilty as sin and free as a bird" (William Ayres,terrorist now academic). To digress, before I get a little emotional and back against the wall (laughs).

Yep, someone always gets the benefit of the Constitution. I wonder how many paunchy old men are depending on it, so they can go home to wifey/s.

296 posted on 05/31/2008 2:03:15 PM PDT by Peter Libra
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To: takenoprisoner
I repeat they have only one address.

It is called the Yearning for Zion Ranch, not ranches.

They do not each own any of the land.

I repeat, this is not a gated community, with single family residences. This is a communal living ranch, huge living quarters, (most of the men have one building for their harem and offspring.)

Property taxes are paid by the ranch, not each individual man.

So yes, it is a cultist compound.

297 posted on 05/31/2008 2:09:53 PM PDT by JRochelle (Keep sweet means shut up and take it.)
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To: patton
"In no way does that invalidate the initial warrant, it just invalidates the siezure of the freezer."

But the court, not as a matter of opinion since it was not a matter of the appeal, did mention in it's response that no Sarah was found. I found that interesting.

For those who like to read rulings, here it is: Tx Supreme court ruling

298 posted on 05/31/2008 2:23:50 PM PDT by takenoprisoner (shshshsh, the sheeple are sleeping and do not wish to be disturbed,)
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To: San Jacinto
The Texas Family Code wasn't designed to govern group exercises like this one.

LOL. I love dry humor:^)

Cordially,

299 posted on 05/31/2008 2:25:26 PM PDT by Diamond
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To: takenoprisoner

It is interesting, and I am sure that more cases will be filed.

But nobody has ruled the initial warrant illegal, that I have heard of.


300 posted on 05/31/2008 2:26:32 PM PDT by patton (cuiquam in sua arte credendum)
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