The shame of Texas deepens as — in the face of contrary rulings by the Texas Supreme Court and Third Court of Appeals — Judge Barbara Walther today defiantly signed an order vacating only the piece of her original order against the FLDS that granted custody of the children to the State. The presumptions of guilt against the FLDS remain. The new order also falsely characterizes as an “adversary hearing” the three-ring circus that Walther conducted in her courtroom back on April 17-18, 2008.
It is clear that some of the children will be released under the order if the parents comply with its intrusive terms. It is an open question how many of the children will return home (or when) given that the State of Texas has bled the FLDS financially dry by scattering their children all across a State that talks big but is, in reality, a moral and legal ant.
When the children do return, it won’t really be “home” because Texas CPS will have the right to barge in any time during business hours. The Austin Statesman is reporting that all of the children can return home, but I’ll believe it when I see it. Additional insights on the Sunday negotiations that led to today’s order are offered by Brooke Adams.
A house is only a home if you enjoy the protections against search and seizure that all Americans are supposed to enjoy. This distinction is obviously lost on the judge who — for what reason God only knows — continues to preside over the case. Because of their religion and the venomous bigotry of Judge Barbara Walther, these American citizens are being denied their basic constitutional rights.
Barbara Walther should be removed from the case and replaced by someone who can judge impartially. If I were representing any of the FLDS in the case, I think my next move — after getting my kids back — would be to challenge this new order at the Court of Appeals. The agreement was reached under duress. It was, in effect, extortion and gives the State prerogatives that it should not have. The one who should be taking classes is Barbara Walther, not the FLDS parents.
{ 3 comments… read them below or add one }
April38 06.02.08 at 4:30 pm
How can a presumption of guilt remain when the state courts told Walther she had not established any cause for the invasion of YFZ? They said that she had not established her claims. Isn’t that effectively a finding of innocence? Sorry, I am not a lawyer, but where does she get off demanding anything at all? — Except maybe mercy? I hope there is still some way they can sue the socks off this broad.
Hugh McBryde 06.02.08 at 6:19 pm
Walther has formed a grand jury. Two months of unprecedented access to the lives of every YFZ ranch member and no one has enough confidence to indict anyone so they form a grand jury. Priceless.
Kurt Schulzke 06.05.08 at 12:09 pm
Mike Nifong also had a grand jury that produced lots of indictments.