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.
Readers may recall, following the Texas Supreme Court’s decision against CPS’s emergency removal of the children from the YFZ Ranch, Judge Walther was required to send the children back to their parents allowing, however, that the Judge could require various protective measures on an individual basis where the evidence supported it. Walther issued an order for the return of all of the children, but Malonis objected to TJ’s return without an order enjoining her mother from allowing TJ to come into contact with Raymond Jessop to whom TJ was allegedly “married” before her time.
The documents are as follows:
1. Malonis’ emergency Motion to prevent Teresa Jeffs from being released to her mother pending entry of an order preventing her from coming into contact with her “alleged perpetrator,” and
2. The Agreed Order signed by Judge Walther on June 3, setting conditions for TJ’s release to her mother.
In the Motion, Malonis wrote,”Enforcement of the Court’s order [the original order releasing all the FLDS children to their parents] will cause immediate and irreparable harm to the physical safety and welfare of the child.” She also writes that “the child [TJ] is an identified victim of sexual abuse”.
Did Malonis do the right thing in pushing for this kind of protection?
Personally, I have a hard time understanding why a 16 or 17 year old girl, with her mother’s consent, shouldn’t be able to decide whom she will marry and otherwise associate with. I’ve never spoken personally with Teresa or her mother or with Raymond Jessop. However, what I have read* of the transcripts posted on this blog suggests that Teresa was fully capable of making these kinds of decisions for herself.
For example, below is a portion of Malonis’ May 21 direct examination of Adriana Pineira, TJ’s “child worker” - an odd term with, in my mind, a disturbingly Stalinist flavor. One of the most unsettling aspects of this excerpt is its focus on how the “child worker” is dealing with TJ’s reaction to being deprived of personal artifacts that show or refer to her father. TJ’s father has not been accused (let alone convicted) of abusing TJ in any way, so it is unclear to me why the State would want to deprive TJ of such materials:
Page 41
7 Q. Would you state your name, please.
8 A. Adriana Pineira.
9 Q. And are you Teresa Jeffs’ child worker?
10 A. Yes, ma’am.
11 Q. How much contact weekly do you have with Teresa?
12 A. Any anywhere between two to three times a week.
13 Q. Okay. And she is placed in Midland? is that correct?
14 A. Correct.
15 Q. All right. Has has an educational assessment been
16 done for Teresa?
17 A. Yes, ma’am.
18 Q. And do you have any preliminary or final results from
19 that testing?
20 A. We do not have the results yet. However, the persons
21 who conducted the ARD, the admission review dismissal report,
22 did express that the children that are in the home were well
23 beyond target.
24 Q. Okay. And does just as far as your observations of
25 and interactions with Teresa, does she appear to be an
Page 42
1 intelligent sixteen year old?
2 A. Yes, ma’am.
3 Q. Have you noticed any kind of deficits in her intellect
4 or or education that would give you concern?
5 A. No, ma’am. . .
Page 43
. . .
13 Q. Are are there any policies at all at the facility
14 regarding Mr. Jeffs?
15 A. I was advised by the persons who are overseeing the
16 project that we were not allowing anything depicting Warren
17 Jeffs.
18 Q. Does that apply to all of the children?
19 A. Yes, ma’am. However, I do want to mention that some
20 of the items that both that Teresa has, I’m not going to
21 force those things and pry those things away from her, which
22 include a photo album of her father.
23 Q. Okay. And what is your understanding for this policy
24 not to allow pictures of Mr. of Teresa’s father?
25 A. Well, due to the fact that he is currently
Page 44
1 incarcerated for sexual assault to a minor. Therefore, by
2 policy, it is not in the children’s best interest to continue
3 to have contact regarding the perpetrator.
4 Q. And would that be a a policy that would be
5 Department wide, not just specific to this case?
6 A. That is correct.
7 Q. Does that present particular difficult issues with
8 respect to Teresa?
9 A. Very much so.
10 Q. And is there is has the has the staff and
11 discussed with you a way of dealing with that, with those
12 difficulties?
13 A. We do have a therapist that addresses any issues at
14 any point of time if they wish to speak with with Jay
15 Holguin, (sic) who I believe is the therapist. However, it’s
16 to their discretion as to what they’re going to disclose.
17 Q. Okay. Has Teresa participated in any type of
18 counseling related to that issue in particular?
19 A. No, ma’am.
20 Q. Has she spoken with you personally about that?
21 A. Yes, ma’am, very impersonal, though.
22 Q. What is her what is her demeanor?
23 A. Well, she’s really wanting to have pretty much
24 everything: her own CDs, the Ipods, that it also includes
25 sermons regarding Warren Jeffs and so forth. And she would
Page 45
1 like to continue to have things that are about him.
2 MS. MALONIS: Objection, nonresponsive.
3 Q. I asked you about her demeanor, her mood 4
A. Oh, I’m sorry.
5 Q. with respect to that issue.
6 A. Oh, well, she did get upset.
7 Q. Okay. Would would you agree that it’s important to
8 have a a particular plan in place for dealing with that
9 particular difficulty with respect to Teresa?
10 A. Yes, ma’am.
11 Q. Okay. Is that going to happen as far as you know?
12 A. Yes, ma’am.
13 Q. Okay. Would you also agree that the that the
14 service plan as written would be difficult for Teresa’s father
15 to carry out?
16 A. I’m not sure.
17 Q. Okay. You have the service plan for the parents,
18 correct?
19 A. I don’t have that with me.
20 Q. And I don’t either. . .
* * *
* I have read only scattered portions of the transcripts. I would be happy to be corrected as to whether anything in them suggests that Teresa should not be permitted to direct her legal representation.
{ 256 comments… read them below or add one }
Joey 09.11.08 at 10:48 am
It appears Malonis feels she can make assertions (She will be in danger if…), but doesn’t bother to argue why. If asked why, she says, “Attorney client privilege.” I agree with Anthony of the San Angelo Times, that this is bizarre (http://www.gosanangelo.com/news/2008/sep/07/government-matters-flds-hearing-an-exercise-in/#comments), and it needs to stop.
rikitikitavi1 09.11.08 at 10:58 am
Malonis is relying on the “substituted judgment” aspect of being an ad litem. I would be fine with this, if her client were 13 or 14, perhaps 15, not 17 going on 18. Particularly disturbing is the fact that she identifies her client by name in her motion, then alleges she is the victim of sexual abuse, when anyone with a lick of sense would have named the client only by initials & first filed a motion to seal.
txmom77 09.11.08 at 11:21 am
What I don’t get is why in civil courts 18 is 18 and an adult. 17 is 17 and a minor who just can’t think for themselves. Yet my great state has no problems trying 14 year old as adults all the time. I don’t understand how a 14 year isn’t old enough or able to mentally consent to sex, but a 14 year is old enough to be an adult when it’s robbery, and be thrown in jail for 20 odd years. Oh and according to TBM, Texas can try Teresa as an adult for bigamy, but she isn’t old enough to make up her mind about which lawyer she wants.
Kurt Schulzke 09.11.08 at 11:25 am
txmom77 –
Excellent points. Thought of law school?
K
SKK 09.11.08 at 12:57 pm
Irrespective of what anyone believes Teresa is capable of consenting to, Teresa’s mother agreed to the restrictions and agreed that they are in Teresa’s best interest and signed the order. Likewise, she signed the agreed injunction against Willie. Reading the documents, it looks like the agreement was already worked out when the Judge released the kids — staying the Judge’s order was pretty much just administrative so Malonis and Annette and CPS could get their own agreed order filed.
Teresa was released the same day as the other kids. Her orders are not any more restrictive than the safety plans that the mothers are now being asked to sign. Maybe there was a method to Malonis’ madness after all. And it appears that Annette and her lawyer understood that at the time.
SKK 09.11.08 at 1:02 pm
* I have read only scattered portions of the transcripts. I would be happy to be corrected as to whether anything in them suggests that Teresa should not be permitted to direct her legal representation.
You probably won’t find anything in transcripts, but we don’t have the benefit of knowing what was said between attorney and client. How can anyone even pretend to make an informed judgment about Teresa or Malonis or what’s appropriate without the benefit of complete information?
It’s pointless to second-guess and it doesn’t do Teresa any good. Besides there is no way to compel an AAL to testify or disclose privileged communications. The AAL alone is given discretion to determine whether substituted judgment is warranted. There are probably many things that we don’t understand about this relationship.
Joey 09.11.08 at 1:28 pm
Is the AAL qualified to make decisions regarding the mental state of a 17 year old minor? I know this is what the statute says, but is it right? It may not even be constitutional.
What if Malonis recommends Teresa be put in a strait jacket for her protection? You ask Malonis why. She replies, “There are concerns…it’s complicated, I can’t tell you because of attorney/client privilege.”
Abby 09.11.08 at 1:52 pm
I dont beleive Ms Malonis thinks Teresa needs a strait jacket. I do think she wants her client protected.
The Judges decision concerning whether Ms Malonis would continue being Teresas Attorney Ad Litem was made only After a hour alone with Teresa in Judge’s chambers.
There again, no one but the two of them know what was said.
So, maybe its best to stop guessing?
Joey 09.11.08 at 2:19 pm
I said ‘what if.’ Now if a law can’t pass the hypothetical smell test it shouldn’t be a law. It should be considered unconstitutional for vagueness.
kbp 09.11.08 at 4:43 pm
I like the post title. Protection from what?
Natalie Malonis stepped in like a hero in the case of a disputed teenager, but few were really amazed by what she did in that case.
Malonis then started out with Teresa’s case by broadcasting a false claim in court so all of the world could judge Teresa in a very negative light.
Then the blame for “hiding the baby” was placed on CPS. While shifting all the blame, one has to wonder what her source is for the her stating; “The child is an identified victim of sexual abuse.”
Her credibility is in question already and Malonis has to toss that victim of sexual abuse into the motion numerous times.
Skipping past that conclusive statement absent “alleged”, the end result then was the order that adds no contact with Raymond Jessop and stay away from the ranch. I’m not sure why the ranch was added with the “1000 feet” limit on Raymond in place, but whatever the reason, Teresa was with her mother.
About this time Malonis makes continuous appearances in the news by cable TV programs and being the mouth that would not shut up if reporters are available. She clearly showed all which side she was on.
If Malonis had all of what she wanted, to “protect the child”(!), what then led to the next phase of the mess there? What more could she want to do for Teresa Jeffs?
The Grand Jury seemed to have been the next step that fired her up. She can’t be the criminal defense attorney for Teresa, so it’s not real clear what justified her being the guiding force for Teresa at the GJ hearings.
Every thing Malonis has done leaves all watching looking for an explanation, while we get an excuse or two that always shift blame or reveal that the answer is a secret.
If you overlook the special order walther provided to keep Teresa away from Raymond as just some precaution put in place as a result of CPS secrets shared with a select few, the balance of all that has happened around Malonis looks since looks to be difficulties she created.
The really ironic thing about all this is that Teresa is old enough that if she wishes to take part in sexual activities, nobody has broken any laws by being with her now.
I guess the state of Texas, through Natalie Malonis, is protecting Teresa from herself, and her beliefs.
Thomas Forguson 09.11.08 at 5:20 pm
ABBY: Teresa Jeffs lived at the Ranch from July, 2006 to April,2008 with her alleged abuser and he never laid a hand on her. Teresa is clearly in no danger. Her daddy is the man that the FLDS revere as a prophet. Even if they were so inclined, No other man from the FLDS would dare touch her.
SKK 09.11.08 at 6:40 pm
Cant believe all the folks defending child sex abuse (alleged) perpetrators. Good thing you guys arent AAL’s
commenter1 09.11.08 at 7:07 pm
12 SKK { 09.11.08 at 6:40 pm } Cant believe all the folks defending child sex abuse (alleged) perpetrators. Good thing you guys arent AAL’s
————
No one is defending child sex abuse perpetrators. People are critical of your complete reliance on a known anti-FLDS detective and your jumping to conclusions as to TJ having sex and having a baby you still can’t find as even having existed (although you sure made a big deal about it sullying TJ’s name while doing so). Given the anti-FLDS feelings you made clear on refugeesunleashed as “Tonk”, Tonk, it is too bad you are an AAL.
Thomas Forguson 09.11.08 at 8:52 pm
SKK: No one is defending Child abuse.You have a closed mind and wont listen to reason. I refer to cases that have been discussed on this blog. Real child abuse is a foster mother leaving a baby in a hot car to die or a father beating a 2 year old to death.
Pliggy 09.11.08 at 9:01 pm
SKK,
What if I alledge YOU are a child sex abuser?
Better get your license, allegations are all you need right?
Joey 09.11.08 at 9:35 pm
How typical. SKK’s arguments aren’t carrying any weight in real sense, so she stoops to ad hominem attacks.
SKK 09.11.08 at 10:59 pm
Those arent ad hominem attacks. It is legitimate astonishment at the defense of crimes against children and the complete disregard for the welfare of a child.
Yes, she is a child still.
And she was a younger child (barely 15) when she was given away by her parents to a 34 year old man in marriage. The man has been indicted for sexual assault of a child, but you want to send TJ back to that environment, no questions asked. It’s unreal.
Joey 09.12.08 at 12:09 am
It’s obvious Warren Jeffs is reading as he’s speaking. Maybe the warden forced him to read the confession from script. I believe he later retracted the claim he wasn’t the prophet, which would explain the forced confession. Either way, most prophets in the bible had their foibles, so it’s nothing new for a prophet to claim he’s the worst sinner alive. Like King David who had someone murdered so he could take his wife. (I know, you say he isn’t a prophet but a king, but some consider him to be a prophet, since he wrote the psalms, which is considered to be a prophetic book.)
Chai Tea 09.12.08 at 5:27 am
Well, you have to remember, King David was a polygamist, too. (Although his son, Solomon, topped him and set the record for wives and concubines). How odd that God calls David the ‘man after God’s own heart’ if polygamy is such a terrible thing.
Having been brought up since 16 on Scripture and Jewish history, maybe the reason that polygamy is not offensive to me is because it IS biblical. Man has set the standard of one man/one woman marriages - I know I’ll get lots of flack for that statement, but I don’t believe you’ll find polygamy condemned in Scripture. (Keep reading)
Samuel’s mother, Hannah, was the 2nd wife of Elkanah - Peninah, the first wife, caused her nothing but grief.
I believe Paul’s reference to men being happier if they stayed ‘as he is’ (supposed single) is because it left them free-er to serve God and they did not have to be concerned about the happiness of their wife(ves).
Abraham, the father of the Hebrew nation, had at least 2 ‘wives’ - Sarah and Keturah, as well as Hagar and other concubines with whom he had additional children after Sarah’s death. Keturah only became Abraham’s wife after Sarah’s death, but Genesis 25:6 says “But unto the sons of the concubines, which Abraham had, ….”
And not one word of condemnation by God about multiple marriages - as long as they stayed in the marriage. God’s condemnation came when men cast aside their wives or had sexual relationships outside of marriage with no intent of marriage, or when they were sexually involved with another person’s wife/husband (fornication/adultery).
There is also the ‘law’ instituted by God that if a woman’s husband died without any children, the brother of the deceased husband was to take the widow as his wife and raise up children for the deceased husband - nothing is mentioned about whether or not the brother had a wife and therefore was prevented from taking the deceased husband’s wife because of that. My understand, which may be faulty, is that the brother (regardless of his marital state) was to take the widow as his own wife and have marital relationships with her.
I know that we are not Jewish, nor under Old Testament Law. I bring these things up because there is so much condemnation of the FLDS for living the Old Testament lifestyle…yet, I see much good in the choices they have made. They are certainly healthier (or were), and their children are bright, happy, social (from all reports) - or they were…before the world entered the picture.
I think there will be far greater condemnation on those who “love ‘em and leave ‘em” and shirk their responsibilities for the children they’ve created than on those who enter a polygamist lifestyle with women and responsibly care for both their wives and children.
SKK: Why aren’t you as upset about the 15 year old in high school that’s pregnant by some adult who won’t take responsibility for her or the child? That’s the child that needs some assistance in her life! And obviously the parents aren’t protecting her… although good luck with that one!
SKK 09.12.08 at 6:23 am
Most prophets have foibles but do most prophets confess repeatedly to immoral acts with a sister and a daughter?
In light of that, does anyone really want to argue that there’s no reason for concern about TJ’s communications with her father?
SKK 09.12.08 at 6:26 am
Chai Tea-
I would be just as mych concerned about the pregnant 15 year old in high school.
Chai Tea 09.12.08 at 6:42 am
Then why aren’t you pleading with CPS to get in the local schools and do a ‘cattle drive’ (Walther’s expression) to “save” these girls from their abusers? I have yet to see any such expression of concern on Walther’s or CPS’s part… As far as I know there are underage pregnant girls in San Angelo…
Joey 09.12.08 at 9:12 am
If someone came up to me and told me I was prohibited indefinitely from making any kind of contact with my father, and I’m not even allowed to have a picture of him, I would find that insulting. I can only imagine that it would be devastating and infuriating to a 16-17 year old.
Pliggy 09.12.08 at 9:36 am
Knowing Warren Jeffs as I do, that was not him. I mean he was completely out of his head. Either he was severely drugged or he had a nervous breakdown, or both.
When I saw Nephi crying, I know it was for the same reason as when I first heard that “confession”, I heard a man in extreme emotional agony and I had no way to help him.
His “immoral” acts? They were figments of HIS imagination. And in actuality merely being unclothed in front of his daughter. When he was 20 he had no children over two, so she was less than two years old at the time.
Pliggy 09.12.08 at 9:47 am
In fact he turned 20 a month before his eldest daughter turned ONE.
Pliggy 09.12.08 at 9:54 am
Actually I may have HER birthday wrong, but you get the picture.
TxBluesMan 09.12.08 at 10:22 am
Kurt,
From a legal standpoint, the issue is moot. Annette Jeffs agreed to and signed the order, as did her attorney, Tim Edwards. It was presented to the court as an agreed order by all of the parties.
You know, as well as I do, that when you agree to the terms of an order, present that order to the judge, and sign the order, you are bound by it.
If Annette J. or Edwards had an objection to it, they should have raised before the court - they were physically present when it was presented to Judge Walther.
TxMom77,
You have it basically correct, with one error. A 14-year old may not be tried as an adult. To be tried as an adult, the individual has to be at least 15 years of age. (see TPC, Sec. 8.07)
At 17, they are automatically an adult for the purposes of criminal prosecution, but a minor for family law, contracts, etc. A child is not emancipated for civil law until their 18th birthday (with noted exceptions, none of which apply in this case). See Ex Parte Mercado, 590 S.W.2d 464 (Tex. Crim. App. 1979) reh. den’d, which held “…that any person, regardless of his or her previous history of juvenile adjudication, who commits an offense against the laws of this State after reaching 17 years of age is subject to prosecution as an adult without any preliminary proceedings in the juvenile courts.” Mercado had argued that since he wasn’t an adult under the Family Code and civil law, he couldn’t be tried as an adult.
He was wrong.
There is also a case where a 17-year old appealed his life without parole sentence, saying that it was unjust due to his age. He lost too.
Pliggy 09.12.08 at 10:55 am
Blue, still trying to prosecute alleged wives for the alleged bigamy of their husband?
TxBluesMan 09.12.08 at 11:27 am
Not if they are willing to testify.
Otherwise, they can be indicted, tried, and convicted too…
Joey 09.12.08 at 11:36 am
So, since Teresa is 17, she is liable to go to prison for bigamy. And Malonis wants to be in on any conversations she has with her criminal attorney? Isn’t THAT violating Teresa’s attorney-client privilege with Futrell? Not to mention violating her right to a counsel?
txmom77 09.12.08 at 11:54 am
TBM:
Here read this case. The girl is 14 and they are looking to try her as an adult.
http://www.wtop.com/?nid=104&sid=1429524
Pliggy 09.12.08 at 12:21 pm
“Otherwise, they can be indicted, tried, and convicted too…”
For bigamy?
I call your bluff again
Thomas Forguson 09.12.08 at 1:15 pm
TBM You should tell the suthorities in Baytown that they cant try that girl as an adult.
kbp 09.12.08 at 1:17 pm
Pliggy,
Not sure what you mean calling that bluff, but from all I have read, they can be charged.
It would be rather ironic how the Texans that charged them would look in the nation’s eyes. Just imagine!!
***
TBM,
While how that original order came about is somewhat moot in itself, is it not one that must be re-heard at certain intervals?
“…remain in effect until modified by further order of the court.”
So, unless Texas has some ‘forever order’ due to walther retiring first, I do believe it will come up again. Can’t wait to hear Natalie’s college plans for Teresa!!
Also, moot or not, the source of the information (allegations) which brought it about are still interesting. We wouldn’t want a 17 YO Teresa to run around behaving like a 14 YO Texas teen, now would we!!
Just to be a gentleman, I’d like to thank TBM for his comments on the “Sarah is a child” probable cause question, here where many from both sides of the topics can see it!
I feel it will still be open for discussion, how it will be challenged, but not at this time.
Thomas Forguson 09.12.08 at 1:21 pm
SKK: How do you know what the environment at the XYZ Ranch was like? All the information you have is from the liars at CPS who were there only briefly or liars who never set foot there at all, such as Flora and Carolyn Jessop or Rebecca Musser.
Thomas Forguson 09.12.08 at 1:24 pm
TBM with the ability of CPS to hold her children hostage, the decision of Annette Jeffs to sign was hardly voluntary.
SKK 09.12.08 at 4:16 pm
Thomas - that is incorrect that all my information is from CPS. Why would you think I have any information from CPS?
Pliggy 09.12.08 at 5:06 pm
kbp,
Are you telling me that a wife can be charged with bigamy when she is “purported” to marry only one man? That doesn’t sound right even if she doesn’t testify against him.
And by the way, you are a good man just the same.
Thomas Forguson 09.12.08 at 5:42 pm
SKK: All the things that you write on this blog jives closely with what CPS has to say. I dont know if you get your information from you heard in court, what you heard on the news or in any other capacity. Remember CPS are the ones who said that 31 0f 53 girls aged 14-17 had been or were pregnant. I hope you dont rely uopn them. I point out the obvious. When it comes to issues like whether Teresa Jeffs should get another lawyer, you dependably agree with CPS. I hope it doesnt come from law enforcement. They thought that there was 150 at the Ranch. Turns out there was over 600. i hope your information doesnt come from such agitators such as Flora or Carolyn Jessop who live in fantasy land. Since you agree with CPS so often,you must, despite the fiasco with the disputed minors, regard them as a reliable source of information.
Thomas Forguson 09.12.08 at 5:45 pm
What do you know about the environment at the Ranch and where does that information come from?
TxBluesMan 09.12.08 at 5:52 pm
Txmom, Thomas…
As with all laws, there are several exceptions. Capital murder is one of those exceptions. They can be held responsible for traffic tickets too.
Kbp,
No problem - glad to help. I don’t know about the need for multiple hearings, you may want to ask Ron, although I don’t know when he’ll be back on. He decided to ride out Hurricane Ike in place…
Pliggy,
The Texas Bigamy statute provides that if a person knows a person is married, and they purport to marry, marry, or lives with the person with the appearance of being married, then they have committed the offense of Bigamy.
In other words, the wives can be prosecuted also.
Thomas Forguson 09.12.08 at 6:12 pm
SKK: Teresa Jeffs has always been a believable witness. If she say she is not a victim, she is not a victim. If she says she hasnt had sex, she hasnt had sex. Despite what her lawyer thinks, Teresa has a mind of her own. Writing to you on this issue makes me feel like Im talking to a brick wall. Her supposed husband was indicted for having sex with a 16 year old. If that 16 year old had been his first wife, there is no problem. The law is an ass for saying that 16 year old has been abused becuase she was a plural wife. When Teresa testifies before the grand jury, she is an adult. In family court, she is a child. The law is an ass.
Thomas Forguson 09.12.08 at 6:19 pm
TBM: AMAZING! Merrianne Jessop is too young to be married. If she kills somebody, she is an adult. You are right. The law and common sense have little in common. Justice is one thing and law is another. You appear to be ok with this and I am not. The law is an ass.
SKK 09.12.08 at 6:26 pm
Thomas - just because I happen to have the same opinion as CPS on one issue does not mean I globally agree with them. It is coincidental, at best.
kbp 09.12.08 at 7:05 pm
Pliggy
“Are you telling me that a wife can be charged with bigamy when she is “purported” to marry only one man? That doesn’t sound right even if she doesn’t testify against him.
And by the way, you are a good man just the same.”
The Penal Code for Bigamy tells us;
§ 25.01. BIGAMY. (a) An individual commits an offense if:
(2) She knows that a married person other than her spouse is married and she:
(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person’s prior marriage, constitute a marriage; or
(B) lives with that person in this state under the appearance of being married.
That in bold I altered to address a female, as the law is not gender based.
I did not expect you to be upset with me, I’m only the messenger!!
Joey 09.12.08 at 7:26 pm
Once again I have reiterate that Texas definition of criminal common law bigamy violates freedom of expression.
Abby 09.12.08 at 8:41 pm
I wish Ron had left to a place of safety, I heard the news, and his area is expected to be hard hit.
Anyone else in Galveston Houston area, you are in my prayers for safety.
kbp 09.12.08 at 9:23 pm
He could come to Kansas and we could just argue face to face, if he doesn’t mind the tornadoes!!
Jeny 09.12.08 at 11:05 pm
Thomas Forguson { 09.12.08 at 1:24 pm } TBM with the ability of CPS to hold her children hostage, the decision of Annette Jeffs to sign was hardly voluntary.
=============
I believe that’s called “under duress”. In fact, EXTREME duress!
Chai Tea 09.13.08 at 6:19 am
I agree, Jeny, and I’m not sure why her lawyers agreed to it. Many of the lawyers were telling their clients not to sign, but the women wanted their children back at any cost.
And CPS/Walther forced the women to do something against their will…sounds like abuse to me…
Abby 09.13.08 at 10:44 am
Doesn’t anyone else think it strange, when something major happens the Head guy always disappers?
In 2005, it Warren Jeffs and in 2008 Merrill Jessop who himself Identified himself as Leader or Bishop of YFZ.
He was gone the second day of the raid.
What is it about FLDS leaders? Seems to me they aren’t very worthy of following when they abandon ship!
kbp 09.13.08 at 12:44 pm
That reads like a brainfart for proof of guilt for something .
Abby 09.13.08 at 3:35 pm
Just a question, If no one wants to answer it, no problemo!
Chai Tea 09.13.08 at 3:54 pm
I have no insight into how their brains or consciences work.
Jeny 09.13.08 at 6:38 pm
Chai Tea { 09.13.08 at 6:19 am } I agree, Jeny, and I’m not sure why her lawyers agreed to it. Many of the lawyers were telling their clients not to sign, but the women wanted their children back at any cost.
And CPS/Walther forced the women to do something against their will…sounds like abuse to me…
================
As I understand the law, signing an agreement under duress–extreme durress, usually invalidates the agreement.
I would say Teresa’s mother signed under very EXTREME duress, so why would that not invalidate the agreement?
Oh….I know. Because it’s Judge Barbie’s kangaroo court.
Jeny 09.13.08 at 6:39 pm
….and CPS.
Thomas Forguson 09.13.08 at 8:03 pm
One big problem is that most people with the FLDS case fail to understand the FLDS culture. I believe that Natalie Malonis said before the raid she had never heard of the FLDS. If she doesnt understand where Teresa is coming, how can she possibly substitute her judgement for that of Teresa. Same for CASA.
Judge Walther, CPS and the so-called CASA represent the predjudices of San Angelo. With the mainstream American society, sex immediatiely follows marriage. That things might different with the FLDS, so many of these people fail to comprehend. This is paticuraly important in the proceedings against Merrianne Jessop and Teresa Jeffs.
SKK 09.13.08 at 8:43 pm
That’s not duress.
Chai Tea 09.14.08 at 6:29 am
Skk, you’re either not a parent, or you’re an unnatural one.
I was going to take time to explain it, but I see that you’re just here to agitate.
Thomas Forguson 09.14.08 at 8:22 am
SKK: People who are forced to negotiate at a disadvantage are under duress.
kbp 09.14.08 at 9:38 am
What is duress?
Depends on what “is” is!
Jeny 09.14.08 at 9:45 am
Thomas Forguson { 09.14.08 at 8:22 am } SKK: People who are forced to negotiate at a disadvantage are under duress.
=======================
As in:
CPS: Sign this document or we keep your kids and you’ll never see them again. They’ll be gone forever.
Parent: To sign, or not to sign? That is the question.
THAT is a classic depiction of duress.
http://www.merriam-webster.com/dictionary/duress
Main Entry: du·ress
Pronunciation: \du?-?res also dyu?-\
Function: noun
Etymology: Middle English duresse, from Anglo-French duresce hardness, severity, from Latin duritia, from durus
Date: 15th century
1: forcible restraint or restriction
2: compulsion by threat ; specifically : unlawful constraint
Pliggy 09.14.08 at 10:57 am
Abby,
Don’t read Marrianne’s letter to her mother, you might get a clue.
Where do you want him to be? Here on the blogs?
Oh, I get it, you think that leading means standing in front of the firing squad.
kbp,
I by no strech of the imagination was anry with you, I just thought it rather high minded and kind for you to complement blue man. Maybe someday after he stops endorsing the terrorizing of my relatives and their children I can do the same.
And about that law, all I can say is “only in Nazi USSA”
Pliggy 09.14.08 at 11:04 am
Abby,
Don’t read Marrianne’s letter to her mother, you might get a clue.
Where do you want him to be? Here on the blogs?
Oh, I get it, you think that leading means standing in front of the firing squad.
kbp,
I by no strech of the imagination was anry with you, I thought it rather high minded and kind for you to complement blue man. Maybe someday after he stops endorsing the terrorizing of my relatives and their children I can do the same.
And about that law, all I can say is “only in Nazi USSA”
Pliggy 09.14.08 at 11:05 am
oops
kbp 09.14.08 at 12:00 pm
Pliggy,
“I just thought it rather high minded and kind for you to complement blue man.”
First, I never took it that you were upset with me.
On TBM, he did take the time to show me a couple reasons he felt there was “probable cause” for that search and arrest warrant.
There is no record that we have which indicates they knew Sarah’s marriage to Dale was bigamy, so nothing voided the marriage.
The affidavit had sufficient information for “probable cause” on the sexual assault.
TBM provided case law that relates to how they can determine that cause, showing what does NOT have to be proved.
My thanks to him was for taking time to explain it and providing that case law.
His quote of that case; “”Probable cause exists when, under the totality of the circumstances…, actually opens the door to the question of ‘why was other information in the affidavit ignored AND why was Long’s inaccuracy on Texas marriage law ignored?
There is still probable cause in that affidavit, but only if you ignore a great deal of what the affidavit told us, and
a summary of the points made in that Rodriguez case tells that the magistrate is NOT supposed to do such.
I did not see anything that indicates bigamy, or members of the FLDS church at the YFZ, in that affidavit, but there may be something more I do not know of.
Neither of the motions I have seen which challenge that SW mentioned the problem of Sarah being married, but they were both submitted very early on.
SKK 09.14.08 at 12:05 pm
Making a choice between two possible outcomes is not duress. Making an unpleasant choice is not duress.
Besides, you’re talking about the order that was signed by Annette on June 2 or June 3 .. the children were being released, there was no “threat” of any consequences if she didn’t agree to the order.
Jeny 09.14.08 at 12:17 pm
Its obvious 1) SKK has no children and 2) SKK is likely missing a heart–along the same lines as Tin Man.
OMG, you make me sick. ::::blech::::
SKK 09.14.08 at 12:25 pm
Child abuse makes me sick. It’s apparently ok with you, as long as the parents freedoms are not impinged. God Bless America
Jeny 09.14.08 at 12:54 pm
Child abuse makes me sick too.
However–YOU view EVERY natural parent as a child abuser, and I don’t.
You have an ax to grind with *every* child’s God-given parent. I don’t.
You view us *all* as being guilty of abuse, neglect and mistreatment of our children–until we prove to you otherwise. I don’t.
I assume parents are good, loving, nurturing and kind to their children, while providing the discipline they need to grow up to be productive adults
I assume this to be the case for all parents–unless and until they are proven *conclusively* in a court of law to be abusive, neglectful or otherwise unfit to parent their children.
I believe the Parent/Child relationship is sacro-sanct and to interfere in it, one must have absolute, conclusive evidence that a child’s life is in danger if they are left with their parent.
You don’t understand the Parent/Child relationship. You don’t have a problem intefering in that relationship on a false anonymous claim—precisely because you believe *every* parent is an abuser.
You don’t believe in protecting a parent’s right to be with their child(ren), and you don’t believe in protecting a child’s right to be with their parent(s). You don’t see these relationships as sacr-sanct and you never will.
Therein lies the difference between us.
Pliggy 09.14.08 at 2:13 pm
kbp,
Well I must have misinterpreted:
“I did not expect you to be upset with me, I’m only the messenger!!”
To the alleged SKK,
Who likes alleged abuse? Oh, that would be you!
No duress in threatening to torture the children again, no, none at all.
SKK 09.14.08 at 3:59 pm
Jeny { 09.14.08 at 12:54 pm }
Child abuse makes me sick too.
However–YOU view EVERY natural parent as a child abuser, and I don’t.
Totally irrational .. like I said.
SKK 09.14.08 at 4:02 pm
Who likes alleged abuse? Oh, that would be you!
What the heck?! This “discussion” has gotten downright nutty.
Plig — do you even know what you’re talking about? We were discussing Annette’s signature on the agreed order. Please tell me who was threatening to “torture the children again.”
The children were being released but she signed the order with restrictions on her daughter and agreed it was in her best interest.
Thomas Forguson 09.14.08 at 4:22 pm
SKK: Annette Jeffs,in negotiating,was not negotiaitng on equal terms.
Thomas Forguson 09.14.08 at 4:30 pm
SKK: you are astounding. you accuse us of tolerating child abuse when Teresa Jeffs never engaged in sex. You refuse to believe that Teresa Jeffs, Like she says, she is no victim. The girl has a MIND OF HER OWN. The only danger she faces is being victimized the way Judge Walther and CPS victimized Merrianne Jessop.
Joey 09.14.08 at 4:42 pm
SKK { 09.14.08 at 12:05 pm } Making a choice between two possible outcomes is not duress. Making an unpleasant choice is not duress.
Besides, you’re talking about the order that was signed by Annette on June 2 or June 3 .. the children were being released, there was no “threat” of any consequences if she didn’t agree to the order.
——————————–
SKK, do you honestly not believe that the understood alternative to not signing the agreement was that her daughter would remain in foster care? As I understand it, none of the parents would get their kids back unless they signed those papers. Sure it’s a choice and an upleasant one. Teresa’s mom’s paper to sign had more provisions, of course.
They call losing your child the civil version of the death sentence. If someone said to you sign this paper or die, would you not consider the signing of that paper to be done under duress? Please be honest.
SKK 09.14.08 at 4:47 pm
Thomas - this is not a contract that’s being negotiated. Choices have to be made and sometimes it’s a matter of choosing between two distasteful options. That is not duress …that’s life! It appears from the evidence Annette engaged in behavior that put her daughter at risk. That’s the position she is starting from. She agreed to an order for her daughter’s protection. Good on her! It was the right thing to do and it likely kept her out of the subsequent round of motions to retake custody of some children. To me it looks like Annette made a calculated and strategic choice when she agred to the order. And she DID get the benefit of her bargain — Teresa is still with her and there has been no attempt to take her back in custody.
Annette is a smart woman with a good lawyer. Give her some credit.
Joey 09.14.08 at 4:54 pm
Think the better/safer choice is to put Merrianne and Teresa in foster care? think again. The following are statistics from another study, but Texas foster care is probably worse if you consider the Strayhorn report.
“A study of reported abuse in Baltimore fount that the rate of ” substantiated” cases of sexual abuse in foster care is more than four times higher than the rate in the general population. An Indiana study found three times more physical abuse and two times more sexual abuse in foster homes than in the general population. In group homes, there was more than ten times the rate of physical abuse and more than 28 times the rate of sexual abuse as in the general population.
Nearly one third of foster children included in a study in Oregon and Washington reported being abused by a foster parent or another adult in that home.”
http://www.sampsonlawoffice.com/PracticeAreas/Statistics-Foster-Care.asp
Jeny 09.14.08 at 4:55 pm
SKK { 09.14.08 at 4:47 pm } Thomas - this is not a contract that’s being negotiated. Choices have to be made and sometimes it’s a matter of choosing between two distasteful options. That is not duress …that’s life!
=============================
Talk about nutty!!!
Jeny 09.14.08 at 4:58 pm
http://www.senatornancyschaefer.com/newsletters_updates.php?filter=25
November 16, 2007
THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES
BY: Nancy Schaefer
Senator, 50th District
My introduction into child protective service cases was due to a grandmother in an adjoining state who called me with her tragic story. Her two granddaughters had been taken from her daughter who lived in my district. Her daughter was told wrongly that if she wanted to see her children again she should sign a paper and give up her children. Frightened and young, the daughter did. I have since discovered that parents are often threatened into cooperation of permanent separation of their children.
The children were taken to another county and placed in foster care. The foster parents were told wrongly that they could adopt the children. The grandmother then jumped through every hoop known to man in order to get her granddaughters. When the case finally came to court it was made evident by one of the foster parent’s children that the foster parents had, at any given time, 18 foster children and that the foster mother had an inappropriate relationship with the caseworker.
In the courtroom, the juvenile judge, acted as though she was shocked and said the two girls would be removed quickly. They were not removed. Finally, after much pressure being applied to the Department of Family and Children Services of Georgia (DFCS), the children were driven to South Georgia to meet their grandmother who gladly drove to meet them.
After being with their grandmother two or three days, the judge, quite out of the blue, wrote up a new order to send the girls to their father, who previously had no interest in the case and who lived on the West Coast. The father was in “adult entertainment”. His girlfriend worked as an “escort” and his brother, who also worked in the business, had a sexual charge brought against him.
Within a couple of days the father was knocking on the grandmother’s door and took the girls kicking and screaming to California.
The father developed an unusual relationship with the former foster parents and soon moved back to the southeast, and the foster parents began driving to the father’s residence and picking up the little girls for visits. The oldest child had told her mother and grandmother on two different occasions that the foster father molested her.
To this day after five years, this loving, caring blood relative grandmother does not even have visitation privileges with the children. The little girls are in my opinion permanently traumatized and the young mother of the girls was so traumatized with shock when the girls were first removed from her that she has not recovered.
Throughout this case and through the process of dealing with multiple other mismanaged cases of the Department of Family and Children Services (DFCS), I have worked with other desperate parents and children across the state because they have no rights and no one with whom to turn. I have witnessed ruthless behavior from many caseworkers, social workers, investigators, lawyers, judges, therapists, and others such as those who “pick up” the children. I have been stunned by what I have seen and heard from victims all over the state of Georgia.
In this report, I am focusing on the Georgia Department of Family and Children Services (DFCS). However, I believe Child Protective Services nationwide has become corrupt and that the entire system is broken almost beyond repair. I am convinced parents and families should be warned of the dangers.
The Department of Child Protective Services, known as the Department of Family and Children Service (DFCS) in Georgia and other titles in other states, has become a “protected empire” built on taking children and separating families. This is not to say that there are not those children who do need to be removed from wretched situations and need protection. This report is concerned with the children and parents caught up in “legal kidnapping,” ineffective policies, and DFCS who do does not remove a child or children when a child is enduring torment and abuse. (See Exhibit A and Exhibit B)
In one county in my District, I arranged a meeting for thirty-seven families to speak freely and without fear. These poor parents and grandparents spoke of their painful, heart wrenching encounters with DFCS. Their suffering was overwhelming. They wept and cried. Some did not know where their children were and had not seen them in years. I had witnessed the “Gestapo” at work and I witnessed the deceitful conditions under which children were taken in the middle of the night, out of hospitals, off of school buses, and out of homes. In one county a private drug testing business was operating within the DFCS department that required many, many drug tests from parents and individuals for profit. In another county children were not removed when they were enduring the worst possible abuse.
Due to being exposed, several employees in a particular DFCS office were fired. However, they have now been rehired either in neighboring counties or in the same county again. According to the calls I am now receiving, the conditions in that county are returning to the same practices that they had before the light was shown on their deeds.
Having worked with probably 300 cases statewide, I am convinced there is no responsibility and no accountability in the system.
I have come to the conclusion:
that poor parents often times are targeted to lose their children because they do not have the where-with-all to hire lawyers and fight the system. Being poor does not mean you are not a good parent or that you do not love your child, or that your child should be removed and placed with strangers;
that all parents are capable of making mistakes and that making a mistake does not mean your children are always to be removed from the home. Even if the home is not perfect, it is home; and that’s where a child is the safest and where he or she wants to be, with family;
that parenting classes, anger management classes, counseling referrals, therapy classes and on and on are demanded of parents with no compassion by the system even while they are at work and while their children are separated from them. This can take months or even years and it emotionally devastates both children and parents. Parents are victimized by “the system” that makes a profit for holding children longer and “bonuses” for not returning children;
that caseworkers and social workers are oftentimes guilty of fraud. They withhold evidence. They fabricate evidence and they seek to terminate parental rights. However, when charges are made against them, the charges are ignored;
that the separation of families is growing as a business because local governments have grown accustomed to having taxpayer dollars to balance their ever-expanding budgets;
that Child Protective Service and Juvenile Court can always hide behind a confidentiality clause in order to protect their decisions and keep the funds flowing. There should be open records and “court watches”! Look who is being paid! There are state employees, lawyers, court investigators, court personnel, and judges. There are psychologists, and psychiatrists, counselors, caseworkers, therapists, foster parents, adoptive parents, and on and on. All are looking to the children in state custody to provide job security. Parents do not realize that social workers are the glue that holds “the system” together that funds the court, the child’s attorney, and the multiple other jobs including DFCS’s attorney.
that The Adoption and the Safe Families Act, set in motion by President Bill Clinton, offered cash “bonuses” to the states for every child they adopted out of foster care. In order to receive the “adoption incentive bonuses” local child protective services need more children. They must have merchandise (children) that sell and you must have plenty of them so the buyer can choose. Some counties are known to give a $4,000 bonus for each child adopted and an additional $2,000 for a “special needs” child. Employees work to keep the federal dollars flowing;
that there is double dipping. The funding continues as long as the child is out of the home. When a child in foster care is placed with a new family then “adoption bonus funds” are available. When a child is placed in a mental health facility and is on 16 drugs per day, like two children of a constituent of mine, more funds are involved;
that there are no financial resources and no real drive to unite a family and help keep them together;
that the incentive for social workers to return children to their parents quickly after taking them has disappeared and who in protective services will step up to the plate and say, “This must end! No one, because they are all in the system together and a system with no leader and no clear policies will always fail the children. Look at the waste in government that is forced upon the tax payer;
that the “Policy Manuel” is considered “the last word” for DFCS. However, it is too long, too confusing, poorly written and does not take the law into consideration;
that if the lives of children were improved by removing them from their homes, there might be a greater need for protective services, but today all children are not always safer. Children, of whom I am aware, have been raped and impregnated in foster care and the head of a Foster Parents Association in my District was recently arrested because of child molestation;
that some parents are even told if they want to see their children or grandchildren, they must divorce their spouse. Many, who are under privileged, feeling they have no option, will divorce and then just continue to live together. This is an anti-family policy, but parents will do anything to get their children home with them.
fathers, (non-custodial parents) I must add, are oftentimes treated as criminals without access to their own children and have child support payments strangling the very life out of them;
that the Foster Parents Bill of Rights does not bring out that a foster parent is there only to care for a child until the child can be returned home. Many Foster Parents today use the Foster Parent Bill of Rights to hire a lawyer and seek to adopt the child from the real parents, who are desperately trying to get their child home and out of the system;
that tax dollars are being used to keep this gigantic system afloat, yet the victims, parents, grandparents, guardians and especially the children, are charged for the system’s services.
that grandparents have called from all over the State of Georgia trying to get custody of their grandchildren. DFCS claims relatives are contacted, but there are cases that prove differently. Grandparents who lose their grandchildren to strangers have lost their own flesh and blood. The children lose their family heritage and grandparents, and parents too, lose all connections to their heirs.
that The National Center on Child Abuse and Neglect in 1998 reported that six times as many children died in foster care than in the general public and that once removed to official “safety”, these children are far more likely to suffer abuse, including sexual molestation than in the general population.
That according to the California Little Hoover Commission Report in 2003, 30% to 70% of the children in California group homes do not belong there and should not have been removed from their homes.
Please continue:
(See Final Remarks below)
FINAL REMARKS
On my desk are scores of cases of exhausted families and troubled children. It has been beyond me to turn my back on these suffering, crying, and sometimes beaten down individuals. We are mistreating the most innocent. Child Protective Services have become adult centered to the detriment of children. No longer is judgment based on what the child needs or who the child wants to be with or what is really best for the whole family; it is some adult or bureaucrat who makes the decisions, based often on just hearsay, without ever consulting a family member, or just what is convenient, profitable, or less troublesome for a director of DFCS.
I have witnessed such injustice and harm brought to these families that I am not sure if I even believe reform of the system is possible! The system cannot be trusted. It does not serve the people. It obliterates families and children simply because it has the power to do so.
Children deserve better. Families deserve better. It’s time to pull back the curtain and set our children and families free.
“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and the needy” Proverbs 31:8-9
Please continue to read:
Recommendations
Exhibit A
Exhibit B
RECOMMENDATIONS
Call for an independent audit of the Department of Family and Children’s Services (DFCS) to expose corruption and fraud.
Activate immediate change. Every day that passes means more families and children are subject to being held hostage.
End the financial incentives that separate families.
Grant to parents their rights in writing.
Mandate a search for family members to be given the opportunity to adopt their own relatives.
Mandate a jury trial where every piece of evidence is presented before removing a child from his or her parents.
Require a warrant or a positive emergency circumstance before removing children from their parents. (Judge Arthur G. Christean, Utah Bar Journal, January, 1997 reported that “except in emergency circumstances, including the need for immediate medical care, require warrants upon affidavits of probable cause before entry upon private property is permitted for the forcible removal of children from their parents.”)
Uphold the laws when someone fabricates or presents false evidence. If a parent alleges fraud, hold a hearing with the right to discovery of all evidence.
Continue to Exhibit A
EXHIBIT A
December 5, 2006
Jeremy’s Story
( Some names withheld due to future hearings)
As told to Senator Nancy Schaefer by Sandra (XXXX), a foster parent of Jeremy for 2 ½ years.
My husband and I received Jeremy when he was 2 weeks old and we have been the only parents he has really ever known. He lived with us for 27 months. (XXXX) is the grandfather of Jeremy, and he is known for molesting his own children, for molesting Jeremy and has been court ordered not to be around Jeremy. (XXXX) is the mother of Jeremy, who has been diagnosed to be mentally ill, and also is known to have molested Jeremy. (XXXX) and Jeremy’s uncle is a registered sex offender and (XXXX) is the biological father, who is a drug addict and alcoholic and who continues to be in and out of jail. Having just described Jeremy’s world, all of these adults are not to be any part of Jeremy’s life, yet for years DFCS has known that they are. DFCS had to test (XXXX) (the grandfather) and his son (XXXX) (the uncle) and (XXXX) to determine the real father. (XXXX) is the biological father although any of them might have been. In court, it appeared from the case study, that everyone involved knew that this little boy had been molested by family members, even by his own mother, (XXXX). In court, (XXX), the mother of Jeremy, admitted to having had sex with (XXXX) (the grandfather) and (XXXX) (her own brother) that morning. Judge (XXXX) and DFCS gave Jeremy to his grandmother that same day. (XXXX), the grandmother, is over 300 lbs., is unable to drive, and is unable to take care of Jeremy due to physical problems. She also has been in a mental hospital several times due to her behavior.
Even though it was ordered by the court that the grandfather (XXXX), the uncle (XXXX) (a convicted sex offender), (XXXX) his mother who molested him and (XXXX) his biological father, a convicted drug addict, were not to have anything to do with the child, they all continue to come and go as they please at (XXXX address), where Jeremy has been “sentenced to live” for years. This residence has no bathroom and little heat. The front door and the windows are boarded. (See pictures) This home should have been condemned years ago. I have been in this home. No child should ever have to live like this or with such people.
Jeremy was taken from us at age 2 ½ years after (XXXX) obtained attorney (XXXX), who was the same attorney who represented him in a large settlement from an auto accident. I am told, that attorney (XXXX), as grandfather’s attorney, is known to have repeatedly gotten (XXXX) off of several criminal charges in White County. This is a matter of record and is
known by many in White County. I have copies of some records. (XXXX grandfather), through (XXXX attorney’s) work, got (XXXX), the grandmother of Jeremy, legal custody of Jeremy. (XXXX grandfather) who cannot read or write also got his daughter (XXXX) and son (XXXX) diagnosed by government agencies as mentally ill. (XXXX grandfather), through legal channels, has taken upon himself all control of the family and is able to take possession of any government funding coming to these people.
It was during this time that Jeremy was to have a six-month transitional period between (XXXX grandmother) and my family as we were to give him up. The court ordered agreement was to have been 4 days at our house and 3 days at (XXXX grandmother). DFCS stopped the visits within 2 weeks. The reason given by DFCS was the child was too traumatized going back and forth. In truth, Jeremy begged us and screamed never to be taken back to (XXXX his grandmother) house, which we have on video. We, as a family, have seen Jeremy in stores time to time with (XXXX grandmother) and the very people he is not to be around. At each meeting Jeremy continues to run to us wherever he sees us and it is clear he is suffering. This child is in a desperate situation and this is why I am writing, and begging you Senator Schaefer, to do something in this child’s behalf. Jeremy can clearly describe in detail his sexual molestation by every member of this family and this sexual abuse continues to this day.
When Jeremy was 5 years of age I took him to Dr. (XXXX) of Habersham County who did indeed agree that Jeremy’s rectum was black and blue and the physical damage to the child was clearly a case of sexual molestation .
Early in Jeremy’s life, when he was in such bad physical condition, we took him to Egleston Children Hospital where at two months of age therapy was to begin three times a week. DFCS decided that the (XXXX grandparent family) should participate in his therapy. However, the therapist complained over and over that the (XXXX grandparent family) would not even wash their hands and would cause Jeremy to cry during these sessions. (XXXX the grandmother), after receiving custody no longer allowed the therapy because it was an inconvenience. The therapist reported that this would be a terrible thing to do to this child. Therapy was stopped and it was detrimental to the health of Jeremy.
During (XXXX grandmother) custody, (XXXX uncle) has shot Jeremy with a BB gun and there is a report at (XXXX) County Sheriff’s office. There are several amber alerts at Cornelia Wal-Mart, Commerce Wal-Mart, and a 911 report from (XXXX) County Sheriff’s Department when Jeremy was lost. (XXXX grandmother), to teach Jeremy a lesson, took thorn bush limbs and beat the bottoms of his feet. Jeremy’s feet got infected and his feet had to be lanced by Dr. (XXXX). Then Judy called me to pick him up after about 4 days to take back him to the doctor because of intense pain. I took Jeremy to Dr. (XXXX) in Gainesville. Dr. (XXXX) said surgery was needed immediately and a cast was added. After returning home, (XXXX), his grandfather and (XXXX), his uncle, took him into the hog lot and allowed him to walk in the filth.
Jeremy’s feet became so infected for a 2nd time that he was again taken back to Dr. (XXXX) and the hospital. No one in the hospital could believe this child’s living conditions.
Jeremy is threatened to keep quiet and not say anything to anyone. I have videos, reports, arrest records and almost anything you might need to help Jeremy.
Please call my husband, Wendell, or me at any time.
Sandra and (XXXX) husband (XXXX)
Continue - Exhibit B
EXHIBIT B
Failure of DFCS
to remove six desperate children
A brief report regarding six children that Habersham County DFCS director failed to remove as disclosed to Senator Nancy Schaefer by Sheriff Deray Fincher of Habersham County.
Sheriff Deray Fincher, Chief of Police Don Ford and Chief Investigator Lt. Greg Bowen Chief called me to meet with them immediately, which I did on Tuesday, October 16, 2007
Sheriff Fincher, after contacting the Director of Habersham County DFCS several times to remove six children from being horribly abused, finally had to get a court order to remove the children himself with the help of two police officers.
The children, four boys and two girls, were not just being abused; they were being tortured by a monster father.
The six children and a live in girl friend were terrified of this man, the abuser. The children never slept in a bed, but always on the floor. The place where they lived was unfit for human habitation.
The father on one occasion hit one of the boys across his head with a bat and cut the boy’s head open. The father then proceeded to hold the boy down and sew up the child’s head with a needle and red thread. However, even with beatings and burnings, this is only a fraction of what the father did to these children and to the live-in girlfriend.
Sheriff Fincher has pictures of the abuse and condition of one of the boys and at the writing of this report, he has the father in jail in Habersham County.
It should be noted that when the DFCS director found out that Sheriff Fincher was going to remove the children, she called the father and warned him to flee.
This is not the only time this DFCS director failed to remove a child when she needed to do so. (See Exhibit A)
The egregious acts and abhorrent behavior of officials who are supposed to protect children can no longer be tolerated.
Senator Nancy Schaefer
50th District of Georgia
Senator Nancy Schaefer
302 B Coverdell Office Building
18 Capitol Square, SW
Atlanta, Georgia 30334
Phone: 404-463-1367
Fax: 404-657-3217
Senator Nancy Schaefer
District Office
P O Box 294
Turnerville, Georgia 30580
Phone: 706-754-1998
Fax: 706-754-1803
email: senatornancyschaefer@alltel.net
Please forward to anyone interested
Joey 09.14.08 at 5:07 pm
SKK says “It appears from the evidence Annette engaged in behavior that put her daughter at risk.”
——————————
Well see if the appellate courts thinks this so called evidence (even if it is no suppressed) is sufficient to show that either Merrianne or Teresa were abused. If the appellate courts do not consider the evidence to be sufficient to show that abuse occurred or that abuse was imminent, then you can expect the CPS workers involved to face law suits. Same as the Gate’s case, where the CPS workers acted on too little evidence, and used that evidence as leverage to get their way with the parents, and consequently would have been shown to have abused their authority were it not for their getting off on a technicality.
SKK 09.14.08 at 6:08 pm
Thomas - you have no idea whether Teresa had sexual relations or not …but it really does not matter. The point is her parents placed her in a situation where she was at risk for being sexually abused. That’s considered harmful to a child by definition under the law. It’s called “failure to protect” and it’s very serious with potentially devastating consequences. That’s why the FLDS have come out with their mini manifesto promising not to marry under the legal age. Note …they did not promise only to not engage in sexual relations, they promised not to MARRY because the act of giving a 12, 13, 14, 15, 16 year old girl in marriage is itself harmful because it exposes the girls to RISK of sexual abuse (and it’s illegal).
If you have any doubt the risk is real .. look to the underage girls who gave birth. Whether or not Teresa engaged in sexual relations
SKK 09.14.08 at 6:11 pm
Thomas - you have no idea whether Teresa had sexual relations or not …but it really does not matter. The point is her parents placed her in a situation where she was at risk for being sexually abused. That’s considered harmful to a child by definition under the law. It’s called “failure to protect” and it’s very serious with potentially devastating consequences. That’s why the FLDS have come out with their mini manifesto promising not to marry under the legal age. Note …they did not promise only to not engage in sexual relations, they promised not to MARRY because the act of giving a 12, 13, 14, 15, 16 year old girl in marriage is itself harmful because it exposes the girls to RISK of sexual abuse (and it’s illegal).
If you have any doubt the risk is real .. look to the underage girls who gave birth. Whether or not Teresa engaged in sexual relations, she was deliberately placed with a man who had engaged in sexual relations with other underage girls ..so why would a parent have any reason to think he would abstain in Teresa’s case?
For that matter why would you think he abstained in Teresa’s case when he didnt with his other underage “wives”?
Pliggy 09.14.08 at 6:17 pm
To the alleged SKK,
“It was the right thing to do and it likely kept her out of the subsequent round of motions to retake custody of some children. To me it looks like Annette made a calculated and strategic choice when she agred to the order. And she DID get the benefit of her bargain — Teresa is still with her and there has been no attempt to take her back in custody.”
O, no threat of torturing the children there, not that I can see, no me and Ray Charles can see nothing. Very strategic of her to keep her children, you know there are other strategies she COULD have used, but none of them involved NOT LOSING HER CHILDREN AGAIN.
You are right, call me nutty, because that must sound perfectly natural to you normal folk. MAN am I glad I am not normal.
Pliggy 09.14.08 at 6:25 pm
To the alleged SKK,
sending your daughter to a public highschool is a greater risk for sexual abuse than getting MARRIED in the FLDS.
SKK 09.14.08 at 6:25 pm
Question: what should be the consequences for a parent who gives a 12, 13 or 14 year old girld to a 35- 50 year old man in marriage?
Should there be no consequences whatsoever? Should they be expected to participate in parenting education and establish practices to keep their teenage girls from marrying older men? Should they be held accountable for the criminal offense?
What if the parents give their teenage girl to an older man in marriage knowing that the teenage girl will become the ninth wife in a bigamous marriage? Or the 60th wife?
What if the man they’re giving their teenage daughter to has impregnated 14 and 15 year olds in the past?
What if their teenage daughter did not know the man prior to her wedding day?
Should there be no consequences?
SKK 09.14.08 at 6:31 pm
Plig -
I take issue with your statistics. Sending a daughter to public highschool with peers her age and close to he age …compared to giving a teenage daughter in marriage to a man who had already impregnanted his other underage wives - are you really going to argue that the highschooler is at greater risk of being sexually abused?
Pliggy 09.14.08 at 6:37 pm
Alleged SKK,
No, I am not going to argue with you. But I will tell you ABSOLUTELY.
You see a mother with an infant and your skin crawls, you see innocent youth and it makes you cringe. You cannot tell the difference between abuse and marriage, and you believe that women are forced to have children against their will. That is NOT SO in the FLDS.
I think YOUR belief system is abusive.
Jeny 09.14.08 at 7:10 pm
SKK { 09.14.08 at 6:31 pm } Plig -
I take issue with your statistics. Sending a daughter to public highschool with peers her age and close to he age …compared to giving a teenage daughter in marriage to a man who had already impregnanted his other underage wives - are you really going to argue that the highschooler is at greater risk of being sexually abused?
===================
When was the last time you were in a public middle or high school? Seriously.
SKK 09.14.08 at 7:26 pm
You are so wrong.
I see a 14 year old with the infant of a 38 year old and it makes my skin crawl. I see a 12 year old turned over to a 50 year old in marriage and I cringe.
The marriage relationship is sacred. The parent child relationship is sacrosanct. It is a relationship that is special beyond any other. A parent is in the unique position to nurture the child and prepare the child for adulthood, and the very special relationship between parent and child puts the parent in the definitively unique position to protect the child. Only the parent can do that, do you understand that? The Prophet cant, the Elders cant, and neither can Joseph Smith or G-d Himself.
Within the parameters of acceptable parenting there’s a wide variety. It’s every parent’s fundamental and inalienable right to rear their children according to their wn beliefs ans as the parent sees fit ..but there are limits on that right just as there are limits on every single fundamental right. Every right comes also withduties. There is no greater duty than a parent’s duty to protect its cildren from harm. We may all disagree on what is or is not harmful to children. Too much TV, rock music, adequate sleep, junk food, spanking, internet ..all issues on which reaonable and fit parenys might disagree.
Then there are lines beyond which a parent cannot cross with children. Certain circumstances are dangerous and harmful to children because we,as a soiety, have defined it that way. When a parent places a child in a situation that exposes the child to a risk of sexual abuse the parent has placed the child in harm’s way. There must be consequences. There must be a deterrent.
There is nothing more precious than a parent child relationship. And there is nothingmore abhorrent than a parent who harms a child or even exposes a child to a risk of harm.
Plighy, no offense but if you cannot see the harm, I think you are way too close to the situation to have any perspective.
Chai Tea 09.14.08 at 7:29 pm
Plig and Jeny…
Skk is here to antagonize and agitate. I have stopped trying to reason with this person.
There is a Scripture about not casting your pearls before swine. That seems very applicable with this person. We must wait until God decides to open their eyes and ears…until then…it is a casting of valuables before something that can not appreciate them.
Joey 09.14.08 at 7:49 pm
I see SKK is trying to school every one in her particular value system. SKK, please try to stick to the legal system. You are assuming up the Wazoo that Mr. Raymond is guilty of child sexual assault. Upon this assumption is based all your other reasoning, which are also based on other assumptions such as whether or not Teresa was “at risk” based on some questionable evidence seized during a questionable raid. You whole line of reasoning not based on facts proven in court, but on mere allegations, which you try to embellish with your own value system in your effort to create a strawman (Raymond’s a monster! Annette “gave” Teresa to a monster, therefore Annette is a monster too! You all support child rapists!). Sorry, I’m not going to waste my time attacking this strawman. You deliberately choose to ignore Pliggy’s first hand knowledge of this culture, and ignore the constitutional issues of this case, in your unqualified support of the state’s witchhunt against the FLDS.
SKK 09.14.08 at 8:11 pm
It’s not my value system, it’s the law. That’s the problem — the FLDS practices, as driven by their value system, are at odds with the law.
Are you guys really going to tell me that there is no harm in marrying teenage girls to 30, 40, 50 year old men? If that is truly what you believe then there is nothing more to discuss. But as long as the practice continues expect to face legal consequences because the practice is at odds with what society has determined is safe for children.
I am really astounded at the strident defense of the Constitution on the one hand and the complete disregard for the law of the state on the other hand. It makes no sense at all.
Abby 09.14.08 at 8:24 pm
Reynolds vs United States
Reynolds deliberately forced the issue of Polygamy on the Supreme Court of the United States. Didnt work, Supreme Court said, didnt matter what you beleived religiously, Polygamy was against the law.
Bigamy in Texas has been against the law for years!
Skk, This has nothing to do with the constitution, it has to do with a group of people who have depended on others to take care of them and their needs all their lives. They dont know or have the skills to take care of themselves individually as single family members.
They have NEVER registered as religion, or a church. They are registered as a CorporationLLC
Joey 09.14.08 at 9:16 pm
Both SKK and Abby continue to stereotype the FLDS, assuming always that they are all lawbreakers and must all be under suspicion, so much so that not any of them are safe in their homes, at least not in Texas.
And it *is* your value system. The law states that it’s illegal for a teenage girl under a certain age to marry a man over 17 except under certain conditions (court order, parental consent after certain ages, etc.). SKK doesn’t consider the nuances of the law, or whether the anti-FLDS laws recently pass in Texas can pass Constitutional muster, having never been tested (or whether any of the people she assumes are guilty are in fact guilty; they are in fact innocent until proven guilty). She just assumes that her interpretation of the case is final, and no one else has any say, since they are not in agreement with her value system. Hate to break it to you, but this if a free country. Your value system, SKK, is not the only legitimate one.
Abby 09.14.08 at 9:36 pm
Joey, I’m not sterotyping anyone. Flds are known by what they do. There has been generations of what they have done. Documented. Yes, This is a f