June 2008
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Insane false accuser and malfeasant system wins.  Again.
Probe continues into phone call that triggered raid on YFZ Ranch

Salt Lake Tribune Staff And Wire Reports
Updated: 01/14/2010 07:12:37 AM MST

Colorado Springs, Colo. » Texas authorities say they're still investigating a Colorado woman in connection with hoax phone calls that triggered a raid on a polygamous sect's ranch, contradicting statements made by the woman's lawyer.

David Foley, attorney for Rozita Swinton, said Wednesday Texas authorities don't believe his client had any "criminal involvement" in telephone calls to a domestic violence hotline that triggered a raid on the Yearning For Zion Ranch in Eldorado, Texas, in April 2008. Foley said Swinton won't face charges in that case. FULL STORY

State cancel interviews on sect raid
Officials circumspect amid prospect of a lawsuit


AMERICAN-STATESMAN STAFF
Saturday, July 26, 2008
Woman accused of triggering raid on FLDS pleads to other charges
The Salt Lake Tribune
Article Last Updated: 07/10/2008 12:57:50 AM MDT

The Colorado Springs woman believed to have prompted the April raid on an FLDS ranch in Texas pleaded not guilty Wednesday to an unrelated misdemeanor charge of making a false report in Colorado.

Rozita Swinton's case now is scheduled to be heard in a three-day trial starting Oct. 20. The 33-year-old - who appeared in an El Paso County District courtroom with her attorney, David Foley - did not make any statements during her pre-trial conference. It had originally been scheduled for June 6 but was postponed.

Swinton is charged in Colorado with making a false report to police in February. She allegedly posed as a young woman claiming she was being sexually abused by a relative. She has not been charged in connection with the April 3 raid on the Fundamentalist Church of Jesus Christ of Latter Day Saints ranch near El Dorado. More than 400 children were removed from the polygamous sect, but have since been returned.

The raid was triggered by calls to the NewBridge Family Shelter, where staffers spoke with someone who identified herself as Sarah, a pregnant 16-year-old girl being abused by her husband at the ranch. Colorado Springs police confirmed cell phone numbers used in two calls and provided by Texas Rangers matched numbers used by Swinton. She remains under investigation in Texas.
    - Lisa Rosetta

Sure is odd there's not the same rush in her case as there was to insanely persecute the FLDS.

Flora Jessop: The Troubled Woman Who Cost Texas $14 Million, and Hundreds of Innocent People Their Peace and Safety
Gary D. Naler
July 1, 2008

Also see-
http://familyrights.us/news/archive/2008/flds/april_2008.html#doper

Lawyer wants restraining order to protect sect leader's daughter
Web Posted: 06/20/2008 03:14 PM CDT
Terri Langford and Lisa Sandberg
mysanantonio.com

AUSTIN — A lawyer has asked for a restraining order to keep a spokesman for a polygamist sect from intimidating and harassing a 16-year-old daughter of the group’s imprisoned leader, Warren Jeffs.

A request for a restraining order against Willie Jessop was filed on the teen’s behalf Friday in San Angelo by the girl’s court-appointed attorney ad litem, Natalie Malonis of Dallas.

The teen was one of the hundreds of children taken from the Yearning For Zion ranch by Texas Child Protective Services in April because investigators believed the practices of the Fundamentalist Church of Jesus Christ of Latter Day Saints exposed the children to abuse or risk of abuse.

Malonis said in her petition for a restraining order that Jessop has “engaged in conduct designed to intimidate and harrass” both her and her client.

The document said the girl has been asked to testify before a Schleicher County grand jury that next week is to begin hearing evidence in the state’s criminal investigation of FLDS members.

Malonis’ request for the restraining order came one day after investigators from the Texas Attorney General’s office attempted to serve the girl with a subpoena but were unable to locate her.

“I believe that (the girl) was avoiding service because of coercion and improper influence from Willie Jessop,” the request for the restraining order states.

When the teen could not be located by investigators or her attorney, court officials contacted Malonis to tell her a letter had been filed with them, purportedly written by the girl and claiming that Malonis had said “untrue” things about the FLDS.

Reached by phone, Jessop called the petition seeking a restraining order “outrageous.”

“She’s trying to blame me for her client not liking her,” Jessop said. “It shows her pathetic mindset. The only thing I ever did was try to get them together.”

Jessop denied trying to intimidate either Malonis or her client and noted that he’s been out of state, in Utah, for the past week.

Houston Chronicle staff writer Terri Langford reported from Houston.

I haven't checked, but it seems to me like every word in the dictionary that begins with "mal" is a bad thing.

CPS actions in polygamist sect puzzle some child welfare experts
08:43 AM CDT on Wednesday, June 18, 2008
By ROBERT T. GARRETT / The Dallas Morning News

AUSTIN – Some lawyers and child welfare experts say they're puzzled that the Texas child protection system has taken special steps to protect only one teenage girl from a polygamist sect, when state officials said several are pregnant or already mothers.

"I am surprised there was not more than one child that had special restrictions," Southern Methodist University child welfare expert Jessica Dixon said Tuesday.

Ms. Dixon, a lawyer who runs the W.W. Caruth Jr. Child Advocacy Clinic at SMU, said Child Protective Services officials were rebuked by two courts and "are probably walking on eggshells at this point as far as imposing more restrictions."

This month, CPS released all of the 440 sect children in its custody after securing a blanket court order directing the parents to take parenting classes and not leave the state with the children.

The 16-year-old daughter of jailed sect prophet Warren Jeffs, though, was released under a more restrictive order. It bars the girl's mother from letting her have any contact with Mr. Jeffs and a 38-year-old male in the sect. It also restricts travel by the girl beyond her and her mother's home in the San Antonio area.

Other teenage girls who until April 3 lived at the Fundamentalist Church of Jesus Christ of Latter Day Saints' Yearning for Zion ranch in Eldorado also could be at risk, said Natalie Malonis of Flower Mound, attorney for Mr. Jeffs' daughter, and Susan Hays of Dallas, also a court-appointed lawyer in the massive child protection case.

"My client is not by any means the only one in that situation," Ms. Malonis said. "And coming up, I think you will see more restrictions and more action – either by [court-appointed lawyers and special advocates for FLDS children] or CPS."

Ms. Hays said any court-appointed lawyer "who has reason to believe her client is being sexually abused, which includes underage marriages, should be taking steps to protect her client – investigating it further, discussing it with their clients."

Sect spokesman Willie Jessop said the demands for more restrictions reflect religious prejudice and are unwarranted.

"Unless the state says the ranch has done something wrong, why should she be restricted," he said of Mr. Jeffs' daughter.

Last week, the girl, accompanied by her mother and Ms. Malonis, visited the ranch briefly to collect belongings and see friends. Attorneys in the case agreed to the visit.

Mr. Jessop said Ms. Malonis "clearly has not had the best interests of her client at heart" and "is a biased attorney." He said there is no evidence the 38-year-old male sect member had abused the girl.

Ms. Malonis, though, called the girl a sexual abuse victim.

"I'm not going to get into specifics, but there is evidence that the order is warranted and necessary," Ms. Malonis said. "Her mother signed the order. This was not a snap decision. A lot went into it."

Still, lawyer Andrea Sloan of Austin, who represents several FLDS teen girls, said a May 29 ruling against CPS by the Texas Supreme Court returned to sect parents the right to decide where they and their children will live and with whom they'll associate.

"It starts getting into a real ethical gray area when you start getting court orders that are against your client when they're 15, 16, 17 years old," Ms. Sloan said.

Former Dallas County family court judge Jeff Coen said that state District Court Judge Barbara Walther of San Angelo had little choice but to issue her one-size-fits-all release order on June 2.

Though the Supreme Court demanded the children be released, scores of lawyers for the youngsters couldn't agree on terms, Mr. Coen recalled.

"From purely a theoretical basis, sure, it would have been nice to have reviewed each one of those cases individually," he said. "But was that possible under the circumstances? Probably not."

CPS spokesman Patrick Crimmins said his agency did what it could to protect teenage girls after the Supreme Court's decision. He said CPS obtained an assurance in the blanket order that it could continue to check on the children in their homes, and a warning against interference.

"We are proceeding with the investigation as quickly as possible, always with the safety and security of the children as our first priority," Mr. Crimmins said.

http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/061808dntexpolygamists.3bfbcd3.html

More children returning home to polygamist ranch
Associated Press - June 13, 2008 1:35 PM ET

SALT LAKE CITY (AP) - More than two dozen families have returned to a polygamist ranch in west Texas.
Texas Child Protective Services says that 143 children are back at the ranch, living in 30 households. Another 178 children, from 33 families, are living in the San Antonio area.

More than 400 children were taken from the ranch in April after Texas authorities suspected some of the children were being abused. A judge later ruled that they should be returned home.

The ranch is owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints, which practices polygamy.

Information from: The Salt Lake Tribune, http://www.sltrib.com

So much for the "one extended family" theory

Wednesday, June 11, 2008
Have Pity For the Bullies
Pro Libertate
William N. Grigg

Does she look like a teenager to you? If so, you're qualified to work for the Texas CPS: Sarah, a 37-year-old (yes, that's thirty-seven) "disputed minor" parent, embraces her beautiful daughter after the child was pried from the hands of her State-employed kidnappers.

It still isn't over.

Despite a consistent string of legal defeats and a resounding loss in the court of public opinion, the State of Texas and its child-abduction auxiliary are continuing their jihad against the families of Eldorado's FLDS community.

In doing so the criminals in this matter -- the child "protection" officials who kidnapped the children, and the law enforcement officers who acted as armed accomplices -- are, with the timely help of officials in Utah, making a desperation play for public sympathy by accusing the FLDS of plotting some variety of violent revenge.

Of course, in this entire affair, one side -- the State of Texas -- has told nothing but lies, while the other -- the FLDS parents -- has told the truth, as far as we've been able to determine. And exactly the same division is apparent regarding the use, or threatened use, of violence: One side deployed APCs and sniper teams, the other surrendered without resistance.

Yet we are to believe that the Mighty Child Protectors are mortally imperiled by ... well, by what, or by whom? By such FLDS "enforcers" as "Willie the Thug" Jessop, the FLDS spokesman at YFZ Ranch, last seen politely rebuffing a group of armed CPS investigators and Sheriff's deputies who sought to search the premises without a warrant? Apparently so.

Much of the information about the putative FLDS rogue's gallery was assembled by Kirk Smith, the Sheriff of Utah's Washington County (which includes Hildale, the Utah side of the border-straddling FLDS community). Smith had previously described the FLDS as "docile." Now he considers them to be potentially dangerous. The only thing that's changed is this: The people described in that dossier are now victims of government abuse, and are therefore suspected of harboring criminal intent by the criminals who victimized them.

On the basis of yet another fact-starved and insinuation-obese document, Judge Barbara Walther -- who issued the orders leading to the YFZ raid and the child abduction -- has been given round-the-clock protection by the Texas Rangers. Granted, Walther should be the subject of constant police attention -- but as an inmate, not a judge.

...The CPS isn't shopping the case around in search of a judge who's in the tank for them; they've found the judge they want -- one with a background in the totalitarian practice of "family law," one willing to ignore every principle of due process and defy every canon of judicial ethics in order to facilitate the CPS's assault on the FLDS community.

Full Story

FLDS couple get a ruling against state
Web Posted: 06/10/2008 01:48 AM CDT
By Elizabeth Allen
Express-News

A couple from a polygamous West Texas sect won a small victory Monday, even as their custody hearing was put on hold.

Judge Martha Tanner of the 166th District Court granted Lori and Joseph Jessop Sr. a temporary restraining order against the Texas Department of Family and Protective Services, along with the temporary custody they had already gained of their three children.

Meanwhile, lawyers for parents in a separate custody case filed in Bexar County dropped their lawsuit to regain full custody of nine children for two families, saying they'll use a different strategy.

“We do not intend to let it go at this point, and we'll be in the process of seeking review through the district court in San Angelo,” said Gerald Goldstein, representing Rulon Keate and LeLand Keate.

...The Jessops and their lawyers were squaring off against lawyers from the state attorney general's office Monday when the state's lawyer, Frank King, filed a plea arguing that the case should be heard in the West Texas court where it originated.

Tanner ruled that the plea was actually a motion to dismiss and denied it, a move the state was ready for.

After dispatching another lawyer out of the courtroom, King stood to say his office was filing an appeal, putting a stop to the hearing until the 4th Court of Appeals rules on it.

Tanner agreed to the stay, but issued the restraining order, which for now keeps Child Protective Services investigators from continuing their investigation.

“I am not going to allow CPS or any other agency to interfere with parents in this state,” the judge said. 

Full Story
Public overwhelmingly wanted FLDS children back with parents
Thousands of pages of documents also show problems Texas officials had housing 450 kids

By Brooke Adams
The Salt Lake Tribune
Article Last Updated: 06/10/2008 12:58:15 AM MDT
Trauma of family separations may linger for FLDS children
By Julia Lyon and Brooke Adams
The Salt Lake Tribune
Article Last Updated: 06/06/2008 06:40:20 AM MDT
Texas Gov. Rick Perry defends state's seizure of polygamist sect's kids
08:16 AM CDT on Friday, June 6, 2008
By ROBERT T. GARRETT / The Dallas Morning News
Review of CPS actions likely, prof says
By Jayna Boyle (Contact)
Wednesday, June 4, 2008
GO SanAngelo.com

A University of Texas law professor said one thing Child Protective Services can take away from its raid on the polygamist sect's YFZ Ranch is to "think before you act."

"They didn't consider the ramifications of their actions," said John J. Sampson, a UT law professor who specializes in children's rights.

...Sampson said CPS has a tried-and-true standard operating procedure for instances of suspected abuse. Which flies in the face of the law and the Constitution.

..."What are you going to change?" Sampson said. "Nothing jumps out at you." Dear God. You have to be kidding.

...Sampson said it is unlikely that sect members would succeed if they opted to sue the state for damages. He said the state is structured in a way that prevents people from successfully suing it for rendering its services.  Mindless ATTACK based on ANONYMOUS FALSE ALLEGATIONS is NOT "services".

Lawsuits against individuals accused of acting with malicious intent or not acting in accordance with the law are more likely to gain traction, Sampson said, speaking generally.

From NCCPR Child Welfare Blog
Wednesday, June 4, 2008
The “Dirty Harry” of child welfare?

....THEY WASTED MONEY, TOO

Though by far the most important tragedy is the harm to children's lives, CNN.com has a very good story about all the money Texas taxpayers have squandered on the case so far. (It's written by Ashley Broughton, a very good reporter who, some years ago, covered child welfare for The Salt Lake Tribune). This story puts the state cost at $7 million. Other stories have covered this ground, and offered different estimates, but in this piece Broughton gave some examples of how that money could have been spent instead:

For comparison, $7 million would pay for 137 police officers in the city of Mesquite, Texas, at a salary of $51,060, according to a figure from a job posting. It would also pay for 180 new teachers at the average statewide salary of $38,857 given by the Texas State Board for Educator Certification and would more than double resources available for a state program aimed at children of incarcerated parents, according to the state's budget for fiscal 2008-09. In that budget, the program receives $5 million.

Allow me to add a few other examples: $7 million could have put 1,400 families through Intensive Family Preservation Services intervention at $5,000 per family. These programs have a far better track record for safety than foster care. (They're discussed in detail in NCCPR Issue Papers 10 and 11). This money also could have provided $600-a-month rent subsidies for a year for 972 families, so their children would not be taken away because of housing problems. They could have provided $100-a-week in day care assistance for 1,346 children, so those children wouldn't be taken away on "lack of supervision" charges. And they could have put 378 parents through inpatient residential drug treatment programs (at $18,500 per parent) where their children could have remained with them – again, something far better for children than being thrown into foster care.

Of course, not all the $7 million was wasted. It made sense to investigate carefully and make case-by-case determinations concerning whether any children were abused or at imminent risk of abuse. So spending money to investigate was reasonable. Of course, given how the investigation was conducted, it could be argued that this money was wasted as well.

Full Story

 
Impeachment demanded for polygamy case judge
Accused of 'one of the greatest violations of constitutional rights in Texas'

Posted: June 03, 2008 10:35 pm Eastern
© 2008 WorldNetDaily
 

An Internet campaign has been launched calling for the impeachment of the Texas judge who ordered hundreds of children at the compound owned by the Fundamental Latter Day Saints church taken into state custody.

The online campaign, found at GoPetition.com, targets Texas District Judge Barbara Walther, whose rulings later were overturned.  

I have signed it, how about you?
http://www.gopetition.com/online/19682.html

Order Vacating Temporary Managing Conservatorship June 2, 2008

See FLDS Case Documents Index  for other documents

Texans had been 'reining in' the FLDS via state laws
No zoning rules in sight — but ranch made folks leery

By Andrew Kirk
Deseret News 
Published: June 2, 2008
 
Monday, June 02, 2008
The Child Snatchers Win (Updated)

ProLibertate

Oh how we wish somebody had stuck on an "et. al." to that Appeal.  The foster homes and institutions are FULL of kidnapped children wrongly taken under false pretenses.  
FLDS children heading home today
By Paul A. Anthony
Originally published 09:07 a.m., June 2, 2008
Updated 10:46 a.m., June 2, 2008
GO SanAngelo.com

Mothers of the roughly 450 children taken from the polygamist sect's YFZ Ranch can now begin retrieving their children from shelters across the state, as an order signed this morning by 51st District Judge Barbara Walther went into effect at 10 a.m.

The order was required after the Texas Supreme Court last week agreed with a lower court that Walther should not have granted the state's Child Protective Services agency custody of the children in an en masse April hearing. It places a number of restrictions on the mobility of the parents and children while a CPS investigation into alleged sexual abuse at the ranch continues.

"We are very pleased," said Julie Balovich, an attorney with texas RioGrande Legal Aid, which filed the petitions that ultimately overturned Walther's April decision.

The order prohibits the children from leaving the state, requires parents to keep the state informed of where they are living and allows CPS to make unannounced visits any day between 8 a.m. and 8 p.m.

CPS will continue its investigation into the Fundamentalist Church of Jesus Christ of Latter-Day Saints, said spokeswoman Shari Pulliam

"The court's order ensures the state's investigation of abuse and neglect continues," Pulliam said. "It never stopped. It's been going on since that day." Full Story

The problem with that is, CPS does not know how to INVESTIGATE.  They are (misnomer) "Child Advocates".  They are mindless communist robots.  They know only how to do Character Assassination, second-hand innuendo, and "evidence" fabrication from thin air.  This is NOT just a Texas problem.  The standard CPS totalitarian mode of operation is a PANDEMIC PLAGUE in every country in the Westernized World.

MSM offers excuses for how they got YFZ raid so wrong
Sunday, June 01, 2008 
Grits for Breakfast

Police link years of calls to Swinton
The Salt Lake Tribune
Article Last Updated: 06/01/2008 12:09:07 AM MDT

Abuse calls from 'Sarah' convinced others that 'she has lived this'
By Lisa Rosetta
The Salt Lake Tribune
Article Last Updated: 06/01/2008 12:08:40 AM MDT

The Polygamy Files:
The Tribune's blog on the plural life
Wednesday, May 28, 2008
Back to the beginning

 
June 1, 2008
Thank You, Salt Lake Tribune! 

A couple days ago, we put this on the front page of AFRA, asking for some Investigative Reporting on Rozita Swinton.  Ask, and you shall receive.

Woman linked to calls that triggered FLDS raid
By Lisa Rosetta
The Salt Lake Tribune 
Article Last Updated: 06/01/2008 01:52:11 AM MDT

 The largest child custody case in U.S. history - discredited last week by the Texas Supreme Court - was prompted by soft-spoken Sarah Barlow's pleas for help.

That Sarah doesn't exist. But the caller may have been a woman who, like the fictitious girl, claims to have endured childhood sexual abuse.

Police have linked the calls that triggered the Yearning for Zion Ranch raid to Rozita Swinton, a 33-year-old Colorado Springs woman who they say has assumed at least nine different personalities since 2005, among them "April," "Dana," "Ericka" and "V."
Full Story  A MUST READ!

 
Sincere Condolences to Barbara Walther
New word coined

Walthered, verb  Similar to Nifonged

1- Railroading, harming folks to cover up your incompetence.

2- To be unjustly prosecuted by a politically motivated arrogant and insolent person with too much authority and no accountability.

3- Malfeasance by judges who consider themselves part of the "prosecution team", not as IMPARTIAL arbiters of the LAW.

4- Deliberate maltreatment by public employees who take a sworn oath to "uphold, support and defend the Constitution of the United States", who say the words to get the job, and couldn't care less what the Constitution actually says- and hold nothing sacred to swear upon.

Sample Use- (from Grits for Breakfast)- where people whose children have been seized without cause have been "Walthered."

"It is the duty of the citizenry to hold public officials accountable to perform what they are being paid to perform, what they have sworn to perform and what they profess to perform. And that is to conduct limited Constitutional government that recognizes the rights of the citizen before something- their children or their lands or ANYTHING- is taken from them. You would think it would be simple, wouldn't you? Well that's what the law says and that's what should happen. But incredibly, it's been turned upside-down on its head."-- Roger Weidner

"The sons of all of us will pay in the future if we of the present do not do justice in the present." --Theodore Roosevelt