Category — Law

Charles Childress and his rogue client, Texas CPS, are back in the news. Seems that they just can’t seem to find the “release evidence” button in the FLDS case. Why not? I have a theory. [Read more →]

Why prosecute polygamy? Utah’s AG Mark Shurtleff, quoted in this morning’s Deseret News, thinks the Utah Supreme Court has the answer :

One of the interests the state has in prohibiting polygamy is this … protecting vulnerable individuals from exploitation and abuse and I’m quoting [the Utah Supreme Court]: “The practice of polygamy in particular often coincides with crimes targeting women and children.”

Pardon me while I guffaw. Look, I know there are some smart people in Utah. But I’m starting to wonder if any of them occupy government offices. [Read more →]

Of all the people I have spoken with about the Texas CPS-FLDS debacle, not a single one — outside of CPS operatives themselves — has defended the system as appropriate to the purpose for which it was designed. The only defenders are those actually running it. For example, one AAL — who currently represents FLDS children and has extensive prior experience with Texas CPS — recently told me:

In my own practice I have no faith in CPS to do the right thing. Working with them is ALWAYS a pain in the ass. Most of what they do is counter intuitive or worse and I can generally count on them to do the wrong thing — remove when they shouldn’t and on the other hand fail to investigate or provide services or oversight where they should. That’s in my own jurisdiction. I actually have a great deal of disdain for the organization in general. [Read more →]

The majority of Texans may at one time have been the kind of people the rest of America might like to have as neighbors. Not any more, if the hardened arrogance of Texas CPS represents today’s Texas. The State has become the very embodiment of Lord Acton’s (pic right) famous turn of phrase: “Power tends to corrupt, and absolute power corrupts absolutely.”

In this connection, the Toronto Globe and Mail reports on the heartless, insolent response of CPS spokesman Patrick Crimmins when asked if CPS had made any mistakes or owes any apology — to FLDS families or to the 18-year-old Canadian girl held since April — for removing them from their homes and brutally separating parents and children without cause: [Read more →]

Natalie Malonis’ performance as Teresa Jeffs’ attorney ad litem (AAL) has been debated ad naseum here and elsewhere. In this connection, I have received two additional documents and one audio file that some readers may find worth reviewing. The audio file (WAV format, 868 kb) appears to be a complete version of the Warren Jeffs’ jail-house confession, a redacted TV-news version of which can be viewed below. [Read more →]

In the context of the FLDS suffering in Texas, much has been said on this blog and elsewhere about legal happenings, issues, rules and strategies that might be used to right what seem to be obvious wrongs. But — as demonstrated so eloquently by the FLDS case — the law is a blunt and blind instrument for such delicate work. No matter how well-intentioned the players, it often leaves victims more traumatized than before.

Physical, psychological or emotional trauma — whether inflicted by rogue States, school teachers, family members, or others — leaves scars that must be dealt with somehow. When it comes to healing the effects of abuse, I have found that God, almost any god, is far superior to the State. Marx, Lenin and Stalin either never knew this principle or deliberately ran from it. Most of us in the United States are fortunate to have free access to the religion of our choice. Yet, I wonder how many of us take full advantage of religion to help in the healing process. [Read more →]

On the theory that scores of pages of raw data are better than volumes of commentary, I have posted here transcripts of hearings in San Angelo, Texas involving Teresa Jeffs’ attorney ad litem, Natalie Malonis. One is for Teresa Jeffs’ May 21 “60-day” hearing. The other is the June 24, 2008 hearing on the Willie Jessop Temporary Restraining Order.

I acquired these transcripts within the past 24 hours and have not read them. Hence, I don’t know yet what they contain that may be of interest to different people. Once I have read them, I may add my commentary to that of others.

Sep 7 update: In addition, here is the unsealed portion of the May 30, 2008 hearing in which the issue of TJ’s possible motherhood is briefly discussed.

[Read more →]

After November, with more free time, maybe Barack Obama can work on a new memoir, “The Audacity of Texas CPS.” Deseret News reports “Texas CPS now believes it had 439 children in state custody, not 440 as the agency has reported for months.” And, quoting CPS spokesman Patrick Crimmins yesterday:

“There isn’t a simple explanation for that number changing by one child. It’s been a very complicated case, it remains a complex case, and we think that number is 439 instead of 440.” [Read more →]

Lead Texas CPS counsel Charles Childress yesterday told Judge Barbara Walther: “The biggest thing the department [DFPS/CPS] is asking for is, basically, a Mulligan . . .” **

A Mulligan??!  Childress is the guy who was paid by the Supreme Court of Texas to train the FLDS AALs.  Why should he need a Mulligan?

In this hearing, the issues were outlined in this Texas Rio Grande Legal Aid motion, reportedly filed in July. The motion — subscribed to in this draft by eleven attorneys — alleges a pattern of obstruction and deceit that, if the tables were turned, could have led the State of Texas to prosecute the FLDS and their attorneys for obstruction of justice. People go to jail for this kind of thing. [Read more →]

Natalie Malonis will continue as attorney ad litem for Teresa Jeffs following a raucous hearing that extended over two days. Deseret News’ Ben Winslow filed a comprehensive report early this morning. I remain confused by this Malonis-Jeffs part of the FLDS case on two fronts.

First, I don’t understand why the FLDS hierarchy are so intent on having Malonis replaced. What is the strategic imperative that merits such an expenditure of time, gold and emotion?

Second, in the other direction, I don’t understand why it is so essential for the good of Teresa Jeffs that Malonis NOT be replaced. Surely — now that CPS is rapidly non-suiting practically everyone else — there are scores if not hundreds of perfectly capable Texas AALs (many trained and indoctrinated by CPS lead counsel Charles Childress) looking for clients. [Read more →]