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.
Yet, since the FLDS do not enjoy the unchecked power of Texas courts, they couldn’t expect CPS fraudsters to be criminally prosecuted. All they could do was ask the judge to impose “sanctions” — evidentiary or other minor penalties to deter further misconduct — against CPS, in the person of Charles Childress, for effectively denying the FLDS their rights to due process under the Constitution.
Isn’t it quaint that when a private citizen obstructs an investigation, she goes to jail for it. When a prosecutor does the very same thing, the worst that happens — save for extraordinary cases like Mike Nifong — is that they lose a bit of evidence or suffer the embarassment of a tongue lashing by a judge. Of course, for prosecutors in Waltherland, there’s no need to worry. They can count on the judge to be on their side. That’s the beauty of Justice Harriet O’Neill’s “collaborative partnership” between the courts and CPS.
One of the allegations in the motion is that Charles Childress engaged in illegal ex parte communication with Judge Walther. This blog examined this issue in considerable detail, here. In this connection, for Judge Walther to rule in favor of the FLDS — that is to sanction Childress for ex parte communication — Walther would have to admit that she, too, had violated the law and her oath of office by communicating with Childress in private. What are the chances?
Read the motion then, assuming the facts it alleges are true,* evaluate this statement by Charles Childress who, as you may recall, first trained many of the FLDS AALs, then flipped to head up the CPS legal team:
“The biggest thing the department is asking for is, basically, a mulligan . . There was no intentional deceit, no intentional plan to deny evidence to parents or attorneys.”
Predictably, “While agreeing that all sides should follow court rules, Walther declined to issue sanctions.” Judge Walther sniffed at the motion and told the FLDS to “negotiate” a settlement with the CPS scofflaws which they then did, having no realistic alternative.
Right. Here’s what I want to know. Since Judge Barbara in Waltherland so quickly gave Charles Childress a Mulligan, will she do the same for Teresa Jeffs and the FLDS?
*I have to assume that they are true. The probability of eleven private attorneys signing on to such a motion without verifying the accuracy of what it reports is miniscule. This is no mere affidavit.
** See full story in Deseret News.
{ 54 comments… read them below or add one }
MV 09.05.08 at 12:45 pm
I keep asking, Dear Lord, when will this all end and the people can return to the ranch where the children and mothers will once again feel safe.
I have another question. The church was broken into and Bishop’s records taken. Was this even legal? Those records are as private as medical records. Which leads to another question. Were the records of the doctor of the ranch taken and being used against the doctor or others?
It just all makes me sick to my stomach.
Toes 09.05.08 at 12:55 pm
It is truly nauseating.
TxBluesMan 09.05.08 at 1:10 pm
Kurt,
Exactly what are you going to charge the alleged CPS violators with? There is no charge of “Obstruction of Justice” under Texas law.
Kathy 09.05.08 at 1:14 pm
Texas law????? What laws does Texas follow?
Kurt Schulzke 09.05.08 at 1:25 pm
TBM –
Fascinating. If this is true — and you’re not just playing word games — then we should find defendants routinely interfering with investigations in Texas. Maybe that’s why Texas prosecutors are so notorious for cheating on process?
K
Kurt Schulzke 09.05.08 at 1:27 pm
Of course people do go to jail in Texas for obstruction. Perhaps not under Texas law or prosecuted by Texas state prosecutors. But I’ll be fascinated to hear how Texas does entirely without a law prohibiting a defendant from interfering with an official investigation into his/her behavior.
Abby 09.05.08 at 1:46 pm
Excuse me, What has Theresa Jeffs been charged with? Why would a minor need a criminal attorney? Her parents were responsible for marrying her off as a minor.
Kurt, it seems to me you need to get a grip on the Law of Texas.
Kurt Schulzke 09.05.08 at 1:59 pm
Abby –
Maybe you need to get a grip on this blog. Read the post. Never said Teresa Jeffs had been “charged” with anything. She’s having her freedom to associate curtailed.
K
Joey 09.05.08 at 2:11 pm
I predict it won’t be long (a couple of decades) before Texas becomes about as undesirable a place to live as Mexico, primarily due to the corruption, crime, and lack of legal protections for the innocents.
Abby 09.05.08 at 2:27 pm
Here freedom is curtailed because Raymond Jessop has been indicted. Remeber the man she was married to at 14?
This same thing would happen with any other minor who was in this situation in Texas. They wouldnt be allowed where the perpertraitor was residing.
Joey 09.05.08 at 3:56 pm
Abby, 1) the relevant laws changed to target the FLDS in 2005 making them appealable, 2) Teresa was allegedly 15; 3) There’s no evidence or indication that Teresa ever intended to consummate any alleged marriage before legal age; 4) Malonis is bluffing; 5) Malonis is making a fool of herself 6) All Walther’s rulings will be overturned for numerous reasons 7) the Truth will Prevail!
TxBluesMan 09.05.08 at 4:10 pm
MV,
The temple was entered and the records were seized under a search warrant. There is no Texas privilege for religious documents, and in cases of child abuse, no penitent-priest privilege either. In other words, if you confess that to your priest that you had a ’spiritual’ marriage with a 15 year old and consummated that marriage in violation of state law, the priest can be compelled to testify against you.
Before Kurt jumps in on the search, the validity of the warrant will be addressed in the courts and the appeals, but for now, the records will get in until (and if) the warrant is tossed.
Kurt,
Me? Play word games?
It really depends on what the defendant or the official do.
There is ‘Tampering with or Fabricating Physical Evidence’ (Misdemeanor A to Felony 2nd), but that’s about it.
There is also ‘Interfering with Public Duties’ (Misdemeanor B), but that is for hindering, impeding or interfering with police (such as in an investigation).
There are several other laws on tampering with witnesses, coercion, and the like, but they are primarily focused on the defendants actions.
Most of the time, the state can find a way to get at a defendant…
kbp 09.05.08 at 4:15 pm
Can one not be charged for bigamy if they are minors?
Could a minor 17 years of age be charged as an adult for bigamy?
Could the “Mulligan” apply to charges Teresa could face?
On the charges Raymond faces, I understood the sex charge does not involve Teresa, and am clueless what evidence they could have if it did.
So I’d assumed the bigamy charge did not involve Teresa.
TxBluesMan 09.05.08 at 4:17 pm
Joey,
To address your errors, 1) the elements of the Bigamy statute haven’t changed in 35 years; 2) there is no record of a marriage license being issued to them in Schleicher County, where the marriage took place, nor of the required affidavit for parental consent; 3) the marriage, whether consummated or not, was and is a felony (on both Raymond and Theresa’s part, and the part of the minister that conducted the ceremony); 4) the point is moot - she is still Theresa’s AAL; 5) who cares; 6) I doubt it, but given your lack of understanding of both due process and the law, it doesn’t surprise me to see that comment from you; and 7) yes it will, and the child abusers and bigamists will be shipped off to Huntsville.
kbp 09.05.08 at 4:22 pm
Ah, the Search Warrant!
I’m still trying to find someone that can explain how Long had the authority to classify married Sarah as a child.
TxBluesMan 09.05.08 at 4:33 pm
kbp,
For the purposes of the Family Code and Civil law, a person is a minor until they are 18. For the purpose of the Penal Code and Criminal law, they are an adult at 17. A minor aged 15 or 16 may be certified to stand trial as an adult.
Theresa could be charged with Delinquent Conduct (Bigamy) - but since she’s about to age out of the juvenile system, the case would probably be transferred to District Court for trial as an adult.
It is my understanding that the Sexual Assault and Bigamy indictments do not involve Theresa.
That does not prevent such charges from issuing in the future.
Joey 09.05.08 at 5:19 pm
TBM, when was the no marriage by a priest to minors put into law? If it wasn’t a priest (say just an FLDS President) does that still count? If the records were planted by corrupt Rangers, does that still count? If the warrant was thrown out, does that still count? Your overlooking a lot of good questions. Do fanciful marriages by preteens in every school in Texas count? Do betrothals count? How about arranged marriages at birth, in your south Asian communities do they count? How about freedom of speech, does that count, or does that not exist in Texas…you know the right to utter words from your mouth, words such as I do thee betroth/seal/whatever? Or is it the thought that counts, and if that’s the case, is Raymond a thought criminal?
txmom77 09.05.08 at 5:51 pm
Uh they just revised the numbers. They didn’t have 440 kids, they had 439. Really is it that hard to count kids? I mean count the kids as they got off the freaking bus and add them together.
http://www.deseretnews.com/article/1,5143,700256619,00.html
Abby 09.05.08 at 5:55 pm
Joey,
It was a Bishop,,Merrill Jessop, he himself named himself to authorities when they went to the ranch.
Joey, they have the marriage records of Theresa Jeffs to Raymond Jessop.
The law changed in 2005, Theresa Jessop was married in 2006. You cant blame that on anyone but FLDS.
Abby 09.05.08 at 5:56 pm
txmom, the number has been 439 for quite sometime.
Thomas Forguson 09.05.08 at 6:05 pm
abby: only the naive would believe that those records say what CPS says they say.
TxBluesMan 09.05.08 at 6:11 pm
Joey,
It is pointless to argue with you. You clearly don’t understand the law, you make baseless accusations or innuendos against the Rangers, and it is very clear that you have no conception of what the Constitution actually means.
Let me know if you figure it out - I’m tired of explaining the basics to you over and over again.
Joey 09.05.08 at 6:30 pm
Over at Houston blogs hairballs site is this little gem:
“That’s another reason you non-suit, we don’t have to respond to a request for documents,” Cremmins says. “That helps us concentrate on the remaining 197 children.”
God only knows what kind of nasty tricks CPS has up it’s sleaves for these fewer and fewer numbers of children they can hone in on like prey, like they always do. Who knows how many of these remaining will become horror stories worthy of a hand-wringing, wailing, lament by shattered parents posting their final cries in the dark on the http://www.fightcps.com, stories of how they were deceived, lied to, lied about to a judge, been TPR’d appealed, failed, go bankrupt paying child support to foster parents who abuse their beloved children, only to finally have the door shut in their faces forever by the cold, unfeeling, ministry of “Child Protection” which does anything but protect children.
Joey 09.05.08 at 6:38 pm
Abby so…………what. If I type up a piece of paper that has my name and that of a girl in my neighborhood, that says man and wife. Does that mean I’ve committed a felony? No you say? Why because there’s no religion involved???!!! So now it’s the religion that makes the difference? Can we just get a little bit scientific here and figure out the formula for what constitutes “felony marriage” in Texas? Because I just don’t get it. I think it’s all nuts. If it’s not an official court certified document, then what business does the government have declaring my piece of typed up bogus marriage license evidence of a felony??!!
Joey 09.05.08 at 6:41 pm
TBM, let me know when you have a good solid definition of marriage in writing that everyone can agree on, then I’ll consider what you say to be worth more than a Zimbabwean dollar.
rikitikitavi1 09.05.08 at 7:29 pm
I know TBM gets his jollies over thinking about all the FLDS going to jail, but quite frankly, I’d rather my tax dollars & law enforcement time (paid for by said tax dollars) be going to convicting & imprisoning murderers & drug dealers than someone who committed bigamy when NO ONE is complaining about it (well, other than TBM, CPS, Gladys Kravitz, & those who have $$ to gain from books & speaking fees, that is).
Kurt Schulzke 09.05.08 at 7:40 pm
TBM –
You wrote: “Most of the time, the state can find a way to get at a defendant…”
I’ll take that as an admission that for practical purposes, “most of the time,” it is true that Texas prosecutors will “get” defendants who behave as Texas CPS has behaved in this case.
K
TxBluesMan 09.05.08 at 7:49 pm
Actually, it was more along the motto of the Rangers - ‘there’s no stopping a man in the right who keeps on coming’…
Meaning that if you are going to abuse children, we’re going to keep coming after you.
Bill Medvecky 09.05.08 at 8:26 pm
Can anybody tell me where to find the “Mulligan” rule in the Texas Code?
How often has it been held up on Appeal?
Do they have an “Eagle” Rule and a “Bogey” Rule too?
I rather like the term “Smashy” can we get that into West’s anytime soon?
Since some golf clubs are restricted, can Jews, blacks and Gypsy
use this Rule too?
In a thunderstorm, does all Court play stop?
Does Texas know it is a part (The ass) of the United States?
Bob 09.05.08 at 8:43 pm
TBM likes to rely on the words found in the bigamy statute. On one level this is a correct way of approaching a law. But it sometimes–as in this case–misses the intent and the public policy of and behind the law.
Lay people will often say some un-lawyer like thing such as “he got off on a technicality.” TBM, on the other hand, holds to those technicalities–at least as far as the FLDS goes–and he wants the FLDS to be held to the elements of bigamy as contained in the Texas statue (those technicalities).
And, of course, the reason that the law has technicalities (elements) is that we want to be very specific about what constitutes a violation of law. That’s why most laws are elemental. We don’t want to arrest people for vague generalities.
Now, let’s also understand that behind and above our laws are public policy decisions that have led to the drafting of our laws by legislators who all have some religious and/or philosophical views of right and wrong. These views get written into our laws.
If the FLDS were the majority in the legislature, the laws would, I imagine, be somewhat different relative to bigamy.
I’ve reviewed the present Texas statute on the subject, and it really needs to be revised in light of our present age. The way it’s written can lead to charges, not only against the FLDS, but also against Muslims. It is simply not well crafted.
The intent of the legislature in writing the statute seems pretty clear–to avoid people from essentially defrauding others with multiple marriage contracts.
That’s not what the FLDS and Muslims do. Their marriages aren’t hidden from one another in their communities. The males and females simply choose to contract in a form of marriage that is different than what many mainstream Chrisitians practice.
People should have the right to enter into marriage or cohabitation contracts that they believe are correct. And, marriage, while being memorialized in our secular laws, is still essentially a religious practice, not a secular one, and it should remain so.
Why would we want government types snooping in our private lives and in our bedrooms? What right does some Baptist (not an intentional slam against Baptists, btw) have to tell some Fundamentalist Mormon how the latter should live and who he or she should marry?
Now, the retort from those with the souls of newly minted Second Lieutenants–such as TBM–will be that if we don’t like the law, change the law.
Okay. That will happen, howevever, for now, a great injustice is being done as the majority plays the tyrant over the minority and forces the minority to accept the religious laws of the majority dressed in secular clothes. Remove those clothes and you’ll see the religious views.
To repeat: It is not right for people of one religion to dictate their religious views and laws to people of another religion. And, just trying to hide those religious views and laws with secular terminology is dishonest.
Xorphshire 09.05.08 at 8:56 pm
Good question there Bill:
“Does Texas know it is a part (The ass) of the United States?”
If Texas doesn’t know, it will soon. And if this nation is about to get a big time enema, then where do you think the hose is going to get put?
Thomas Forguson 09.05.08 at 9:02 pm
TBM get our your meds. Statutory rape is a legal fiction. No actual force is involved. The real abusers are Angie Voss and her ilk and noone has even started going after them.
TxBluesMan 09.05.08 at 9:39 pm
Bill, we have a ‘Felon’ rule…
Does that count?
Bob, since when has Bigamy been legal in the U.S.? It ain’t goin’ happen anytime soon.
Tom, why don’t you advise the FLDS defense attorneys to try that strategy? I can’t think of a faster way to obtain a conviction…
Joey 09.05.08 at 9:43 pm
Bob, it’s nice to talk about religion and its influence in the so called institution of marriage, but religious arguments won’t fly with appeals courts, because most of them do not view marriage as a religious institution any more. That’s why I’ve been stressing that the elemental definition of marriage needs to be further broken down into finer elements until its definition is unambiguous, so that those in borderline marriages (polygamous folks, polyamorous folks, “baby daddies,” adulterers, and those indulging in odd fetish lifestyles) cannot be targeted arbitrarily by zealous law enforcement. Of course I do so speciously (admittedly), because ultimately, as Texans realized, it most likely comes down to a declaration of faith (”I am married because I believe I am”), which leads to the “purporting” element of their definition of common law marriage, which is a manifestation or profession of one’s faith (in marriage) if you will. And I believe if broken down this way, it unequivocally infringes on our basic freedoms of speech and thought.
My suggestion is Texas not go there, but remove the common law bigamy statutes as it’s defined, and stick to statutes based on tangible evidence, namely the marriage contract between two people and the government. That way there’s no room for interpretation by LE/DA/AG, and consequently no danger of abuse.
TxBluesMan 09.05.08 at 9:51 pm
There’s no danger for abuse now - if they don’t marry 3+ wives, some under the age of consent, they won’t go to jail.
SKK 09.05.08 at 10:01 pm
Right. Here’s what I want to know. Since Judge Barbara in Waltherland so quickly gave Charles Childress a Mulligan, will she do the same for Teresa Jeffs and the FLDS?
Teresa has not done one thing wrong. Think about what you’re saying. You should not imply that she is considered culpable or responsible for anything. She is considered a victim. I hope she is not reading this because that kind of comment can be very destructive to the psyche of a young lady in Teresa’s position.
Bill Medvecky 09.05.08 at 10:03 pm
Tx, stop hiding like a weasel and attacking people in anonymity
and I’ll explain to you in plain english were you can stick your “Rules”.
If Texas had any “Rules” that gimp barbie and Childress would be joining the felon group.
I went to prison for something I believed in as you now well know. Where it any other case, you would have splashed it all over the blogs.
For supposedly stealing a book, I went to prison and sat next to the Son of Sam as his equal. My crime was not buckling to the State of New York in a custody case. I’m sure you would have freely given up the child, but I’m a man.
People with Principle stand up and are counted. Those who have no faith in their argument hide in the shadow of shame.
William J. Medvecky
Proud convicted Felon
TxBluesMan 09.05.08 at 10:11 pm
Since I take whatever a felon says with a grain of salt, I’ll pass on believing anything that you say. Especially after having read all the garbage you posted on your blog, 95% of which is demonstratively false.
Just wondering 09.05.08 at 10:18 pm
Who is paying Bill Medvecky? Does he think the FLDS is going to make him interim prophet, lol? He has 0000000000000 credibility and is no doubt monitored by the Feds for his thinly veiled threats and obsession with spreading misinformation.
Bill Medvecky 09.05.08 at 10:26 pm
Another brave soul in hiding.
Don’t folks in Texas have the rocks to step up to the plate?
Tx, you are mistaking me for Texas CPS, and their record is closer to 99%
Just wondering 09.05.08 at 10:31 pm
Bill, when was the last time you were in San Angelo? Have you been to the ranch?What is your stake in this?
Bill Medvecky 09.05.08 at 10:39 pm
Gross violations of Constitutional Rights piss me off royally.
I have a son in the 1st Cavalry who might die protecting peoples rights to them, and to watch some hag limping into Court shredding that document every time her gaval hits the desk doesn’t sit well.
Neither does carting off babies and toddlers with tanks and snipers glaring down on them because they happen to be Mormon and they are worth plenty of dollars to baby selling lawyers.
Bob 09.05.08 at 10:48 pm
TBM, you’re a good little [Stalinist]. You substitute law for justice. You would have been great as a [Red] guard [in Berlin]. If someone has written down something and calls it the law, you’ll follow it even if it is unjust.
Take this sophomoric obsession you have with “bigamy.” Calling the plural marriages of the FLDS and Muslims, “bigamy” is a defect of the law that needs to be corrected. Most intelligent, reasonable people understhat this.
I don’t have the time to try to explain the basics of morality and decency to you TBM, and I’m afraid you probably don’t have the right stuff to even understand.
I wonder if what’s really going on in your brain is what was apparently going on in the brain of a poster on another blog (in fact, that may have been you under a different name) who wrote that when he saw the kids at the YFZ Ranch he thought he was looking at the movie Village of the Damned.
Is that your problem, TBM? All those little blond haired, blue eyed kids kind of make you nervous? Maybe they’re reproducing too fast? Maybe they’re going to take over the planet?
If so, that certainly puts the lie to you being a good little [Stalinist] in a literal sense, but, of course, the expression just means that one just blindly obeys orders even when they are immoral and unjust. Thank God, there are people who know right from wrong and who don’t think the former is the latter just because it has been made into a law.
Unjust laws are not obeyed by just people, TBM. And, just people know the difference.
Not a tyrant in history has ever acted except under the color of some law.
Just wondering 09.05.08 at 10:50 pm
oh, ok. Hope you are taking all of your prescribed medications- you sound like a heart risk.
Bill Medvecky 09.05.08 at 11:02 pm
No, just a guy who doesn’t approve of the State abusing children.
Keep supporting CPS tho, they do a bang up job of it.
kbp 09.05.08 at 11:09 pm
I’m still waiting on an answer as to HOW that poor Sarah was declared a child in the Search Warrant of April 3.
kbp 09.05.08 at 11:52 pm
…brainwashed, uneducated teen slaves?
“In Texas, authorities were able to complete educational assessments on some FLDS children while they were recently in state custody. Jessop said that some children who were tested performed above grade level in some subjects and but were not “as strong” in other subjects.
A Texas caseworker testified in May that a group of teenage girls who were living at the Yearning for Zion Ranch - including Teresa Jeffs, daughter of the sect leader - were assessed during their two-month stay at High Sky Ranch in Midland.
That assessment found the children were “well beyond target,” the caseworker said.”
Chai Tea 09.06.08 at 4:17 am
lol I just love it when the ‘brainwashed,’ and uneducated can produce more beautiful, well-adjusted, happier, and SMARTER children than our public schools and non-FLDS parents who subject their children to the ‘normal’ things of the world - porn, sexually explicit television, raunchy music that pounds 24/7 in some homes, drug abuse, alcohol abuse, gangs, etc., etc., etc.
If I were a parent of small children, I would be trying to figure out how to get my children IN to the FLDS society.
BTW - last night I was ’subjected’ to one of the vilest exhibits of child sexual abuse I’ve ever seen - it was played out on national TV and CPS never lifted a finger to remove this child from being sexually exploited.
I’ve never watched Two and a Half Men, but last night the home I was in, had it playing in another room…I cannot believe how raunchy that show is and full of sexual innuendo and sexual references - and there is a CHILD not only subjected to HEARING that crap, but participating in it.
How come CPS allows that? How come any parent in their right mind allows that?
This boy needs to be rescued. Oh…wait… the parents are not raising him with any decent morals or values, and obviously don’t belong to any religious group outside of the mainstream denominations, so it’s okay.
Can anyone say ‘double standards?’
Kurt Schulzke 09.06.08 at 11:11 am
Bob –
I must insist that you not stereotype “Germans” as supportive of Hitleresque behavior. There were lots of truly good Germans in Germany during WWII. Many of them were far more courageous than many of the Americans who fought in the war.
K
Bob 09.06.08 at 12:50 pm
K–Yeah, I never liked the expression either, and just used it out of mental laziness and an attempt to be understood. I agree with your changes.
Thomas Forguson 09.06.08 at 6:19 pm
TBM I wasnt giving legal advice. I was just asking to think about the injustice of the law. You hid behind the law so you could ignore the point I was making.
Xorphshire 09.06.08 at 8:22 pm
Thanks Bob. I otherwise thought your comment was brilliant. I’m no good with words, but you easily put to words what’s been bugging me for a long time:
Substituting Law for Justice.
Sounds like a good title for a book eh? You’re right about tyrants too. Chances are, everything Hitler and Stalin did was probably “legal.”
Badwin 09.08.08 at 12:28 pm
Look up the phrase ‘framing mischief with law’, meaning to commit evil under the rubric of law, and you will see a picture of Texas Blues Man.
Baldwin 09.08.08 at 12:33 pm
Tho he does indeed give me the blues, knowing that when they come to destroy my religion and kidnap my kids they will have rabid cheerleaders, I suggest a new handle for him. Waco Cheerleader perhaps and his tagline can be ‘burn baby burn’.