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.
The judge can do as she pleases.
That was provided that the parents met conditions Walther would impose under the proviso of the Supreme Court opinion that the district court “may make and modify temporary order for the safety and welfare of the child.”
http://www.gosanangelo.com/news/2008/may/30/texas-polygamists-reach-tentative-deal/
The HELL I am!
I’ve said it once, I’ve said it a dozen times, produce the evidence, indict them, try them IN A COURT OF LAW, convict them, and sentence as you will.
Only AFTER you follow the law as written in Texas. That does NOT include actions that happened in Utah, Arizona, Canada, Mexico, or any where else.
Then there is that sticky little thing about them requiring individual hearings which STILL has not happened two months after the fact.
Bingo.
But many idiots will declare they are defending the Constitution.
Idiots, the whole lot of them. They sure get outraged when the Jeffs picture is posted! Not at Jeffs mind you, they get mad at the poster and call him perverted.
I better leave this thread before I get banned. I'd love to tell the Molester Defender Cabal what I really think of them.
Not *this* Texan.
Will you still feel the same way after this is allowed to stand and they come after you? Will I still be part of the Cabal defending your rights? Probably.
Yes. It was wrong. And he is in JAIL.
“Oh and this isn’t a church, its a sex slave cult.”
Exactly. This type of behavior has no place in a modern culture.
I find it odd how some here want to defend a cult where 50 year old perverts rape 13 year old girls.
Unfortunately it sounds like the state of Texas was a bit sloppy in how they tried to stop these people.
That’s too bad, because they do need to be taken down.
Even in a system of limited government, there is a time and a place for government intervention.
Someone needs to begin the IMPEACHMENT hearings.
A child crawls out of Jonestown alive, the day before the koolaid test. Some fools here say,
“Throw that kid back inside! She belongs with her parents! They have done nothing illegal, proven in court!”
Or not: Waco on April 19, 1993.
Warren’s daddy had at least 30 “wives.” From photos, many appear to be no more than 13 or 14 at the time of their “weddings.”
Warren is reputed to also have a similar number of “wives.”
If the men are refusing DNA tests, how do we know which children are or are not the product of child rape by Warren Jeffs?
And remember, he is in prison for being an accomplice to rape, by forcing the marriage of a young man to a 14 year old girl against her will, followed by years of forcible rape until her escape.
This is the standard procedure of this child rape cult: Jeffs mandates which child marries which man, and mandates the child’s rape.
Open your eyes woman! You are on the side of child rapists!
Nothing has been proven in a court of law so far. America is a land of laws. I’m not defending the FLDS, but they are American citizens too and have rights.
I agree. She is not an impartial judge and should recuse herself from any further involvement with this case.
Who’s the Daddy applies to a large number of children in this country- shall we DNA them all?
You first- DNA your children, yourself and anyone that was in the neighborhood when you conceived- after all we all have the right to know- don’t we?
While we’re at it, we better take those children to protect them- who knows what you might be arrested for next week!!
Heck let’s just take all the children in this country and do all the DNA while we are at it- you just never know what terrible things we might find out. They all must be protected, no matter what. Something might happen to some of them some day you know!
Sounds like a plan to me, but we better get started, there’s a lot of children to gather up out there. We’ll have to take them all to be sure we protect the ones that might be harmed. Oh, don’t forget we also need to take all the pregnant females- and possibly pregnant females too.
Get over yourself.
Here is what I wrote on another thread:
"I'm getting tired of the "child rape" thing myself.
"These people are painting images of elementary kids being forced into sex. The reality is that 5 teenagers had sex and got pregnant. These situations probably happened with adult men.
"This is statuary rape, not the violent rape the folks here want to see.
"At my daughter's school (population: about 1,000) there are pregnant teens all over the place. She personally knows three teenage girls having relationships with adult men in their 20's.
"The school isn't doing anything. It looks like the parents are OK with these relationships. Should somebody start screaming "CHILD RAPE!" and take every kid in the community from their families?
"The hyperbole is steaming."
I will add to that comment, my mother (one of 5 girls in her family) was a late bloomer. She married at 19. The youngest was married at 18. The rest were married right after their 16th birthday.
It's really difficult for me to see "child rape" when all of the girls in question were of similar ages to so many in my family.
And, NO. I'm not talking about Jeffs. He was way out of line and should stay in jail for the rest of his natural life for multiple counts of statutory rape. But CPS has provided NO evidence that any of the other girls were "married" that young.
Anybody who supports sending these poor brainwashed from the cradle children back for their first experience of ritual child rape (the FLDS specialty) is supporting child rape. Period. How can you be banned for pointing out the obvious?
That's a separate issue from taking children from their moms. You can do DNA tests while the moms are with their children, and the Texas Supreme Court ordered the kids to be returned to their mothers.
What the men do in prison is another subject.
Jeffs is in prison for being an accomplice to rape. That’s what he did, week in and week out, that is the basic “code” hard-wired into the FLDS.
In or out of prison, the leader of the FLDS arranges ritual child rape.
Anybody who wants to send these poor brainwashed from the crade children back to the FLDS is supporting child rape.
Period.
That's it, you just lost your argument and made any point you were trying to make meaningless.
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