Now that FLDS indictments have arrived . . .
. . . I don’t want to hear any Texan claim that marriage of 15-year-olds is immoral. Suddenly illegal, maybe. Immoral, no. Until 2005 — when Harvey Hilderbran and Governor Perry (pic right) ramped up State-sponsored discrimination against the FLDS — the Texas age of consent was 14.
The reason Texas changed the age of consent to 17 (from 14) was not because Texans suddenly got religion or found the younger age immoral. Quite the opposite. It was for the far more immoral and unconstitutional purpose of driving a religious minority out of their State. When huffy, moralizing Texas prosecutors get all in a wad over FLDS “under-aged” marriages, remember the words of Paul: “Thou whited wall.”
The State of Texas is now in high gear, marching toward that bigoted goal. Be prepared for a deluge of disinformation designed to sensationalize, demonize, mislead and paint everyone associated with the FLDS YFZ ranch with the same brush. This is how Judge Walther and Texas CPS began their case. Their style of play is unlikely to change, especially since their credibility was so tarnished by their rebuke, in May, by the Texas Supreme Court.
That rebuke was over the emergency removal of any of the kids belonging to any of the parents who lived anywhere at the ranch. Walther and CPS were dead wrong on that removal of any of those kids. That conclusion will never change, no matter what happens from today forward. Walther and CPS violated the law. But expect Walther — despite her official duties as impartial arbiter — to make every effort to take as many of these kids back, permanently, as she possibly can.
Now that the indictments have been issued, don’t forget they are not a finding of guilt, but only the grand jury’s finding that a trial should be held. Yet, remember how Mike Nifong broadcast his case against the Duke lacrosse players. The Nifong indictments themselves (see copies here) were lurid and sensational. And the press treated them as if they were conclusions of fact rather than propositions to be tested at trial. You should expect more of the same in San Angelo, Texas.
Like Mike Nifong, Natalie Malonis, Sheriff Doran, Senator Harry Reid, and CPS have been beating the drum, psychologically conditioning the jury pool in San Angelo to stereotype the FLDS. Doran: “When all of the criminal charges come forward it is going to be very hard to practice their [FLDS] beliefs within the state of Texas”. Note well the structure and content of the phrase. “When all of the charges come forward, it’s going to be very hard . . . .”
Doran ’s words — to the extent they are accurately reported — suggest that he doesn’t want to wait for a trial. All he needs are a few lurid charges to persuade San Angelenos that being FLDS alone means you are guilty of a crime. Senator Harry Reid has joined this corrupt chorus. Reid, himself nominally a Mormon, will celebrate the anniversary of Brigham Young’s entry into the Valley of the Great Salt Lake — July 24 — broadcasting the message that polygamy, per se, breeds crime. How many wives did Brother Brigham have?
As the drums grow louder, I believe that the people of the United States will need to consider four key questions:
1. Do we really believe the promises of due process and an impartial jury contained the 5th, 14th and 6th Amendments to the U.S. Constitution?
2. Were any crimes committed — as those crimes were defined in Texas at the time any relevant acts were performed — by any individual members of the FLDS faith or individual residents of the YFZ Ranch?
3. What are the limits of “religion” and its free exercise under the 1st Amendment?
4. What are the religious practices and policies followed by individual members of the FLDS faith and to what extent do those practices make the individual practioners (who are likely only a subset of the FLDS community) so socially dysfunctional that the law should treat them differently from other arguably odd-ball religious groups like Catholic priests who never marry (but have a reputation for sexual abuse)?
Make no mistake: Some FLDS individuals may have committed crimes. Some may do things that are not crimes but are morally repugnant to some citizens of Texas. But the same might be said of any number of other residents of San Angelo, Texas. My desire here is to prepare readers against the tendency to shortcut due process, unfairly stereotype entire groups, and to assume, without analysis, that “weird” religious practices should be legally penalized just because some people find them weird.
Those of you who have been fighting against polygamy your entire lives may face a reality that in a constitutional, pluralistic democracy there is no principled basis for the fight. Some may have to choose between their religion and the Constitution of the United States of America.
This is a reprint and update of my post of June 5, 2008.
15 comments
So much for your law abiding FLDS. Might not be your law but it is Texas law they broke. Let the Party begin! Texas Style!
Can’t what till the Grand Jury meets again. Anyone see ole Merrill Jessop or Wendell Nielson around— Bet local law has something for them. They always did want to be with Warren anyway
Otis wears his Texas-style white wash with pride.
Natalie Malonis will be listed just above Mike Nifong in the dictionary.
To be Malonised is syonymous with being Nifonged.
[redacted]
THEY are part of the reason lawyer jokes exist.
I hope Ms. Malonis faces the same fate as Mr. Nifong–disbarred, disgraed and incarcerated–even if only for 1 day.
[redacted]
Otis, you are the kind of jack-ass buffoon who give the rest of us Texans a bad rep. Try to civilize yourself, ok?
While you are working at that, or maybe before you start, tell us what you mean by let the party begin Texas style. Are you talking about lynching???? Stacking a jury? Intimidating or illegally influencing juries? If so, take a deep breath and reconsider. Any of that crap happens and the entire prosecution goes down the drain. Wouldn’t want that, would you.
Jerk.
“But expect Walther — despite her official duties as impartial arbiter — to make every effort to take as many of these kids back, permanently, as she possibly can.”
Well Kurt, you know what I think of her!
But, I have a feeling that even if she did think she should make such a bold move, somebody would advise her to NOT keep stoking the fire.
The best cover for Texas at this point is to go after a few they think a conviction may be possible with (even if it is a prisoner), play out the time delay factor to weaken the attention, and then use that as their justification for the costs many of us anticipate they will suffer.
Don’t get me started on Nifong!
Otis, try to tell us just what the heck the 6 or 7 indictments have to do with the initial removal of all those kids from their parents and homes.
You exult in this piddling number of indictments, while some of the rest of use probably exult in the knowledge that all but 5 or 6 of all the YFZ Ranch adults apparently have done not a thing illegal.
Why are you so snide about “So much for your law abiding FLDS” when that appears to be exactly what most of them are? Would you be ok with some out of state person making similarly snide comments about the local residents of Tom Green and Schliechter Counties not being law abiding, based on the 18 indictments returned last month?
Otis, please accept my apologies for the name-calling. It is just that I get really bent out of shape by the caricature of Texans promoted by your remarks.
That’s ok Williams, I know that you must come from Austin walk on 6th street with Leslie. The party referred to the party FLDS has been touting when Texas falls and everyone sees how innocent they are. Just wait a little bit, more indictments are coming and the feds have not even started with RICO ( then you can’t blame Texas courts because it will be Federal court). You people have been complaining for months that Texas disturbed these poor folks with no cause and no charges and when Texas does charge them, you say its made up. Texas did not make up the pictures of Warren with his new bride, plus DNA doesn’t lie. Bet you think OJ was innocent too.
Kurt:
When the law changes the age of consent to 17 (from 14) in 2005, should there be a few year of training and transation for the new rules? How can you judge a person’s behavior based on 2008’s requirement while their mind was still in 2004?
This whole thing makes me think of story my grandfather told me. He said, “when he lived in Milville, UT . ” ” You know my boy, dogs do their dirty work at night, ” a dog would start to bark in one part of town then another dog would start to bark, and before long there would be two or three dogs in a pack, running around barking , the pack got bigger , and before the night was over this pack of Dogs would go into a mans barnyard and kill a calf or a sheep , when they got a taste of blood they just went on a killing rampage . All started by the barking of dogs.
Doran –
You wrote, responding to Otis:
“You exult in this piddling number of indictments, while some of the rest of use probably exult in the knowledge that all but 5 or 6 of all the YFZ Ranch adults apparently have done not a thing illegal.”
This is good, but doesn’t go quite far enough. An indictment is NOT a sign of guilt, at all. It signals only that the prosecutor has won the right to a trial on as-yet legally unfounded accusations.
Innocent until proven guilty. Period. At this point, we have to assume — as Americans loyal to the Constitution — that all of the YFZ Ranch adults have done not a thing illegal.
Remember Mike Nifong. Many prosecutors are liars. And these prosecutors and their cronies in CPS have abundant motives for lying about this case.
Otis, you are just plumb full of rancid fantasies. I haven’t lived in Austin since 1968. I don’t crawl 6th street. And unlike you, I don’t know Leslie. You seem to be very familiar with Leslie; how are things going for you there?
All you need for a Texas party is beer, a pickup truck and a chain. Them good old boys will amuse themselves
//plus DNA doesn’t lie//
Heh.
1 - DNA showed nothing, AFAIK. Their indictments thus far are primarily based on documents they obtained via the raid.
2 - Yes, DNA can lie.
Thank you Kurt Schulzke,
This is probably one of the first articles I have read that is not so totally bias, a blind person could read the prejudices!
I want to thank you for reminding everyone, these American citizens are innocent until proven guilty. I don’t care if this group of people practice polygamy, if they are gay, handicapped, or sacrifice chickens to a virgin god (this is legal!! But don’t tell any animal activists, they will argue the point!!) They have the right to due process of law, something they have been denied so far in my eyes!
I have followed a few e-articles, and googled till my fingers are sore, as this is being swept under the carpet now. Why, because people would and should be outraged if all the truth is revealed in this ongoing circus. I’m not talking about what the FLDS is accused of. I’m talking about the whole group of American citizens Texas is after. I’m talking about the crimes Texas CPS, the courts, Judges, and law enforcement has committed against this group of people. This could be any future group, of people, Catholics, Gays, Swingers, and Grandparents??
If we as a country don’t stand up soon, “Big Brother” will no longer be a fictional book, it will be guidelines for our protection.
From what I can find Texas CPS wants 8 children back, ages 5-17? Because the parents MIGHT not be protecting young girls form contact with alleged, men who have “MAYBE” married underage girls, or might have allowed their daughters to be joined in arranged marriages? Possibly allowing them contact with a future abuser? My question is why two are boys?? Oh yea they might be future abusers?? This is the biggest crock of crap!!
In the same article I can see the reason CPS wants these kids, their parents refused to sign a PLAN allowing CPS, or whoever to take their kids forever, if they don’t follow stupid unfounded rules. Also two kids belong to a doctor under indictment, but at this point innocent. Maybe if they take his children they can manipulate him to testify to whatever they want to hear, to get his kids back. Where are the witness coercerion laws?
I have a link I want verified, its documents on Natalie Malonis’s divorce. Yep that is the court appointed lawyer for Warren Jeffs Daughter. I know web pages and documents can be altered!! But if this is true stuff, how is she in charge of anyone kids? http://www.truthwillprevail.org/Malonis/Malonis%20Docs.pdf
Thank you again for a good article,
Marie
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