http://www.sltrib.com/ci_10339447
I had to post the whole thing cause its a lot of info! From the Salt Lake Tribune.
The Fundamentalist Church of Jesus Christ of Latter Day Saints filed a lawsuit Friday asking a Utah court to set aside a 2007 judgement that awarded nearly $8.8 million to a trust once overseen by Warren S. Jeffs.
The suit, filed in 3rd District Court, claims the United Effort Plan (UEP) Trust, run by court-appointed fiduciary Bruce R. Wisan since 2005, obtained the award fraudulently.
"The judgement was entered based upon false, incomplete, and misleading evidence [the] defendant presented at a hearing on March 1, 2007," the suit states.
It goes on to say that Wisan falsely argued that the church sold real property for less than full value and that personal property had been wrongfully removed from the trust by the church. It disputes attorneys' and fiduciary fees incurred as a result of property transfers.
In 2007, Judge Denise Lindberg found that Jeffs and other trustees had harmed the trust by selling off property and ordering the removal of buildings and farm equipment. The trust holds nearly all land and buildings in Hilldale, Utah and Colorado City, Ariz., the home base of the FLDS Church.
In some cases, FLDS members have asserted that some of the property was private rather than assets of the UEP trust. But Wisan has provided evidence that they were contributed to or bought for the trust.
Wisan also identified 596 acres in an area known as Apple Valley that were transferred at Jeff's direction to private individuals.
Wisan, contacted by phone Friday, said he thought Friday's suit was a desperate attempt "to undue a decision that already has been decided."
The judgement, "certainly wasn't fraudulently obtained," he said. "I certainly think [the suit] is totally without merit."
FLDS attorney Rodney Parker said the church waited as long as it did to respond to these actions because it has "been pushed beyond the breaking point."
He said the $8.8 million judgement is now being used to destroy the FLDS Church, "by systematically taking away its property."
"Although the church and the trustees defaulted in this case, that didn't mean the other side was free to take advantage in providing the court false and misleading information," Parker said.
Saturday, August 30, 2008
Friday, August 29, 2008
253 FLDS children now dropped from YFZ custody battle
http://deseretnews.com/article/1,5143,700254513,00.html
Excerpt
In what is now becoming a daily occurrence as the nation's biggest child-custody case moves forward, Texas child welfare authorities have filed to "nonsuit" more children taken in the raid on the Fundamentalist LDS Church's YFZ Ranch.
Texas Child Protective Services spokesman Patrick Crimmins confirmed 56 more children from the Utah-based polygamous sect were nonsuited in a San Angelo court on Thursday.
"The total number of individuals nonsuited is 253 (including the 26 disputed minors)," Crimmins told the Deseret News.
The decision to nonsuit ends court jurisdiction over the children, but it does not necessarily end CPS oversight. The reasons to nonsuit have ranged from no evidence of abuse to their parents taking adequate steps to protect them. Children also have turned 18 and are aging out of the system.
"The nonsuits are part of the process as we continue to work through the cases. The investigation continues, and those findings we have yet to announce," Crimmins said. "The lawsuits are in a different category. We're nonsuiting those as we work through them."
Excerpt
In what is now becoming a daily occurrence as the nation's biggest child-custody case moves forward, Texas child welfare authorities have filed to "nonsuit" more children taken in the raid on the Fundamentalist LDS Church's YFZ Ranch.
Texas Child Protective Services spokesman Patrick Crimmins confirmed 56 more children from the Utah-based polygamous sect were nonsuited in a San Angelo court on Thursday.
"The total number of individuals nonsuited is 253 (including the 26 disputed minors)," Crimmins told the Deseret News.
The decision to nonsuit ends court jurisdiction over the children, but it does not necessarily end CPS oversight. The reasons to nonsuit have ranged from no evidence of abuse to their parents taking adequate steps to protect them. Children also have turned 18 and are aging out of the system.
"The nonsuits are part of the process as we continue to work through the cases. The investigation continues, and those findings we have yet to announce," Crimmins said. "The lawsuits are in a different category. We're nonsuiting those as we work through them."
Wednesday, August 27, 2008
10 more FLDS children to be dropped from YFZ custody case
http://deseretnews.com/article/1,5143,700254011,00.html
Excerpts
Texas child welfare authorities have filed papers seeking to drop more children of the Fundamentalist LDS Church from court oversight in the nation's largest custody case.
At the close of court on Tuesday, Child Protective Services filed to "nonsuit" 10 more children taken in the raid on the Utah-based polygamous sect's YFZ Ranch near Eldorado, Texas. The decision means the children would be out from under court jurisdiction, but does not end CPS' investigation.
"The only reason we're ending the legal case is we don't feel it needs to be under the supervision of the court," said CPS spokesman Patrick Crimmins. "CPS is satisfied that we don't need the supervision of the court."
The reasons to nonsuit vary, Crimmins said. In some cases, there may be no evidence of abuse. In others, the parents have taken appropriate steps to protect the children. Some have also turned 18 and aged out of the system.
----------------------
As the custody case has progressed, CPS has nonsuited approximately 176 cases.
----------------------
Crimmins said he was unaware of any plans to re-remove anyone else. CPS lawyers are expected to nonsuit more cases in the coming weeks.
"They're nonsuiting as they go along," Crimmins said.
Excerpts
Texas child welfare authorities have filed papers seeking to drop more children of the Fundamentalist LDS Church from court oversight in the nation's largest custody case.
At the close of court on Tuesday, Child Protective Services filed to "nonsuit" 10 more children taken in the raid on the Utah-based polygamous sect's YFZ Ranch near Eldorado, Texas. The decision means the children would be out from under court jurisdiction, but does not end CPS' investigation.
"The only reason we're ending the legal case is we don't feel it needs to be under the supervision of the court," said CPS spokesman Patrick Crimmins. "CPS is satisfied that we don't need the supervision of the court."
The reasons to nonsuit vary, Crimmins said. In some cases, there may be no evidence of abuse. In others, the parents have taken appropriate steps to protect the children. Some have also turned 18 and aged out of the system.
----------------------
As the custody case has progressed, CPS has nonsuited approximately 176 cases.
----------------------
Crimmins said he was unaware of any plans to re-remove anyone else. CPS lawyers are expected to nonsuit more cases in the coming weeks.
"They're nonsuiting as they go along," Crimmins said.
Monday, August 25, 2008
Great new blog
Dunno why I didn't find it earlier, but this is a fantastic blog by the FLDS reporter from the Salt Lake Tribune, Brooke Adams.
http://blogs.sltrib.com/plurallife/
And a fascinating recent piece by her. Hey Escape readers, recognize these ladies?
Barbara, Carolyn and their two daughters
http://blogs.sltrib.com/plurallife/2008/08/barbara-carolyn-and-their-two-daughters.htm
http://blogs.sltrib.com/plurallife/
And a fascinating recent piece by her. Hey Escape readers, recognize these ladies?
Barbara, Carolyn and their two daughters
http://blogs.sltrib.com/plurallife/2008/08/barbara-carolyn-and-their-two-daughters.htm
More Indictments and Oversights dropped
3 more indicted in Texas FLDS probe
http://deseretnews.com/article/1,5143,700252793,00.html
Excerpt
ELDORADO, Texas — One by one, the women of the Fundamentalist LDS Church were called before the grand jury to testify in secret about allegations of crimes within the Utah-based polygamous sect.
By the end of the day, three felony indictments were handed down.
"There's three different indictments, three different names," Schleicher County court clerk Peggy Williams confirmed late Thursday. She would not say who was indicted or what the charges were.
Jeffs, 2 others indicted on bigamy in FLDS case
http://deseretnews.com/article/1,5143,700253097,00.html
Excerpts
ELDORADO, Texas — Fundamentalist LDS Church leader Warren Jeffs and two followers are the latest to be indicted by a grand jury here on bigamy charges, accusing them of polygamous marriages.
The indictments were unsealed after Raymond Merril Jessop, 36, and Michael George Emack, 57, surrendered to authorities at the Schleicher County Sheriff's Office on Friday afternoon. They were booked and released after each posted $10,000 bond.
click image for bigger version.
"Of course, Warren's in jail," Schleicher County Sheriff David Doran told the Deseret News after the arrests were made. "But they were able to post bond immediately. Everything was cooperative."
Jeffs, 52, is in an Arizona jail where he is awaiting trial on sexual misconduct charges accusing him of performing underage marriages. The FLDS leader was convicted in Utah of rape as an accomplice and sentenced to a pair of 5-to-life sentences for performing a marriage between a 14-year-old girl and her 19-year-old cousin.
-----------------------------
Six men have been indicted in total, including Allan Eugene Keate, 56, and Merril Leroy Jessop, 33, who was also indicted on sexual assault and bigamy charges.
FLDS community physician Dr. Lloyd Hammon Barlow, 38, was indicted on misdemeanor charges of failure to report child abuse. Barlow's charges will be handled in county court, said Schleicher County Attorney Raymond Loomis.
Another 49 FLDS children dropped from state oversight
http://deseretnews.com/article/1,5143,700253007,00.html
Excerpt
SAN ANGELO, Texas — Child welfare authorities are asking a judge to end court oversight of 18 more cases involving children taken in the raid on the Fundamentalist LDS Church's YFZ Ranch.
On Friday, the Texas Department of Family and Protective Services filed papers to "nonsuit" cases involving 49 children.
"That involves 18 moms," said agency spokeswoman Marleigh Meisner.
The decision to nonsuit ends the court oversight of the cases but does not end Child Protective Services' role in the cases "because they are technically still under investigation," Meisner told the Deseret News on Friday, adding that it was possible that more children will be nonsuited as the case progresses.
CPS has already nonsuited approximately 100 cases in the months since the April raid for various reasons. Either the children aged out of the system, the parents are taking adequate steps to protect the children or CPS found no sign of abuse and neglect.
http://deseretnews.com/article/1,5143,700252793,00.html
Excerpt
ELDORADO, Texas — One by one, the women of the Fundamentalist LDS Church were called before the grand jury to testify in secret about allegations of crimes within the Utah-based polygamous sect.
By the end of the day, three felony indictments were handed down.
"There's three different indictments, three different names," Schleicher County court clerk Peggy Williams confirmed late Thursday. She would not say who was indicted or what the charges were.
Jeffs, 2 others indicted on bigamy in FLDS case
http://deseretnews.com/article/1,5143,700253097,00.html
Excerpts
ELDORADO, Texas — Fundamentalist LDS Church leader Warren Jeffs and two followers are the latest to be indicted by a grand jury here on bigamy charges, accusing them of polygamous marriages.
The indictments were unsealed after Raymond Merril Jessop, 36, and Michael George Emack, 57, surrendered to authorities at the Schleicher County Sheriff's Office on Friday afternoon. They were booked and released after each posted $10,000 bond.
click image for bigger version.
"Of course, Warren's in jail," Schleicher County Sheriff David Doran told the Deseret News after the arrests were made. "But they were able to post bond immediately. Everything was cooperative."
Jeffs, 52, is in an Arizona jail where he is awaiting trial on sexual misconduct charges accusing him of performing underage marriages. The FLDS leader was convicted in Utah of rape as an accomplice and sentenced to a pair of 5-to-life sentences for performing a marriage between a 14-year-old girl and her 19-year-old cousin.
-----------------------------
Six men have been indicted in total, including Allan Eugene Keate, 56, and Merril Leroy Jessop, 33, who was also indicted on sexual assault and bigamy charges.
FLDS community physician Dr. Lloyd Hammon Barlow, 38, was indicted on misdemeanor charges of failure to report child abuse. Barlow's charges will be handled in county court, said Schleicher County Attorney Raymond Loomis.
Another 49 FLDS children dropped from state oversight
http://deseretnews.com/article/1,5143,700253007,00.html
Excerpt
SAN ANGELO, Texas — Child welfare authorities are asking a judge to end court oversight of 18 more cases involving children taken in the raid on the Fundamentalist LDS Church's YFZ Ranch.
On Friday, the Texas Department of Family and Protective Services filed papers to "nonsuit" cases involving 49 children.
"That involves 18 moms," said agency spokeswoman Marleigh Meisner.
The decision to nonsuit ends the court oversight of the cases but does not end Child Protective Services' role in the cases "because they are technically still under investigation," Meisner told the Deseret News on Friday, adding that it was possible that more children will be nonsuited as the case progresses.
CPS has already nonsuited approximately 100 cases in the months since the April raid for various reasons. Either the children aged out of the system, the parents are taking adequate steps to protect the children or CPS found no sign of abuse and neglect.
Thursday, August 21, 2008
Warren's Bride Back in Foster Care
Girl from polygamist group ordered into state care
http://www.chron.com/disp/story.mpl/ap/tx/5954167.html
Excerpts
SAN ANGELO, Texas — A 14-year-old girl allegedly married to jailed polygamist sect leader Warren Jeffs with her parents' blessing at age 12 was ordered back into foster care Tuesday by a Texas judge.
District Judge Barbara Walther said that there was "uncontroverted evidence of the underage marriage" and that the girl's mother, Barbara Jessop, refused to guarantee the girl's safety. The girl, shown in photographs submitted to the court kissing Jeffs, must immediately enter foster care.
Her 11-year-old brother, whom Texas child welfare authorities also wanted placed in foster care, will be allowed to stay with his mother but will have to undergo psychological evaluation in the next month.
-------------------------------
Lawyers reached settlements Tuesday before hearings were held on the other children they had sought to return to foster care. The five girls in those cases can stay with their mothers, provided the women restrict contact with men accused of being involved in underage marriages and comply with other, more routine custody-related court orders.
The agreements technically put the children in state custody, but the state has agreed to let them stay with their mothers as long as they comply with the agreements.
In the case of the 14-year-old allegedly married to Jeffs, Walther said she felt she had to place the girl in foster care because Jessop "was unable to provide assurances that she'd be able to protect the child in the future."
On Monday, Jessop, 55, refused to answer about 50 questions asked by attorneys for Child Protective Services, including what constituted abuse, the names of her children, her relationship with their father and whether a parent had an obligation to protect her children.
"I stand on the Fifth (Amendment)," she said repeatedly.
Her attorney Gonzalo Rios said she was exercising her right against self-incrimination because of the continuing criminal investigation. Two of her husband's sons have been indicted on charges of sexual assault of a child, as has Jeffs.
Invoking the Fifth Amendment can protect Jessop in a criminal case. But previous court rulings have found that negative inferences can be made in civil cases, like the child custody case, if she refuses to answer.
Rios said after the hearing that Jessop's decision to invoke the Fifth Amendment probably hurt her custody case, but he plans to argue on appeal that the welfare agency didn't make a reasonable effort to keep the family together, as required under Texas law.
--------------------------------------------------------
After some thought, I believe this is the girl they are talking about:
http://www.thesmokinggun.com/archive/years/2008/0527081flds3.html
Merrianne (Jessop) Jeffs
http://www.chron.com/disp/story.mpl/ap/tx/5954167.html
Excerpts
SAN ANGELO, Texas — A 14-year-old girl allegedly married to jailed polygamist sect leader Warren Jeffs with her parents' blessing at age 12 was ordered back into foster care Tuesday by a Texas judge.
District Judge Barbara Walther said that there was "uncontroverted evidence of the underage marriage" and that the girl's mother, Barbara Jessop, refused to guarantee the girl's safety. The girl, shown in photographs submitted to the court kissing Jeffs, must immediately enter foster care.
Her 11-year-old brother, whom Texas child welfare authorities also wanted placed in foster care, will be allowed to stay with his mother but will have to undergo psychological evaluation in the next month.
-------------------------------
Lawyers reached settlements Tuesday before hearings were held on the other children they had sought to return to foster care. The five girls in those cases can stay with their mothers, provided the women restrict contact with men accused of being involved in underage marriages and comply with other, more routine custody-related court orders.
The agreements technically put the children in state custody, but the state has agreed to let them stay with their mothers as long as they comply with the agreements.
In the case of the 14-year-old allegedly married to Jeffs, Walther said she felt she had to place the girl in foster care because Jessop "was unable to provide assurances that she'd be able to protect the child in the future."
On Monday, Jessop, 55, refused to answer about 50 questions asked by attorneys for Child Protective Services, including what constituted abuse, the names of her children, her relationship with their father and whether a parent had an obligation to protect her children.
"I stand on the Fifth (Amendment)," she said repeatedly.
Her attorney Gonzalo Rios said she was exercising her right against self-incrimination because of the continuing criminal investigation. Two of her husband's sons have been indicted on charges of sexual assault of a child, as has Jeffs.
Invoking the Fifth Amendment can protect Jessop in a criminal case. But previous court rulings have found that negative inferences can be made in civil cases, like the child custody case, if she refuses to answer.
Rios said after the hearing that Jessop's decision to invoke the Fifth Amendment probably hurt her custody case, but he plans to argue on appeal that the welfare agency didn't make a reasonable effort to keep the family together, as required under Texas law.
--------------------------------------------------------
After some thought, I believe this is the girl they are talking about:
http://www.thesmokinggun.com/archive/years/2008/0527081flds3.html
Merrianne (Jessop) Jeffs
Texas wants 8 kids & First exposure to Dogs!!!
Sorry, I have not been posting - here is my catching up!
Texas Wants 8 Sect Kids Back
http://www.cbsnews.com/stories/2008/08/17/national/main4356497.shtml
Excerpts
(AP) More than two months after being forced to return children from a polygamist sect to their parents, Texas child welfare authorities want eight of the youngsters put back in foster care.
Individual hearings for the four mothers of the children, ranging in age from 5 to 17, are set to begin Monday.
Child Protective Services has asked Texas District Judge Barbara Walther to return the children to foster care because their mothers allegedly have refused to limit their contact with men accused of being involved in underage marriages.
"We continue to have concerns in particular for these eight children, which is why we have asked the judge to review the case," said CPS spokeswoman Marleigh Meisner.
---------------------------
The issue, as it was in the earlier case, is "whether the children are in any immediate danger simply because their parents choose to raise them in this religion," he said. "The substance of what they're doing here is fundamentally the same."
FLDS Children See Dogs For the First Time in Their Lives
http://radio.woai.com/script2/print.php?page=/cc-common/news/sections/newsarticle.html&article_id=4108587&feed_id=119078
Excerpt
Dogs are not allowed and never have been on the FLDS compound. So most kids had never seen one and many have never even seen a picture of a dog.
But when some of the children were housed at a San Antonio shelter they requested to finally see a four footed friend.
The call for a dog went to Pasty Swendson, a former TV personality, now owner of Pennies from Heaven, a dog therapy service.
The fragile meeting was arranged. After all, the kids didn’t know a dog from a gopher. Swendson says she brought her Golden Retriever, two smaller dogs and her Irish Wolfhound.
“When we entered the room, the kids, boys and girls, showed restraint. But soon enough they became excited and the first dog they went to was the 135 pound Wolfhound.”
Swendson says the children were well behaved, spelled aloud the dogs names, examined their fur, toes and faces and expressed amazement at them.
The 90 minute “therapy session” was over too soon says Swendson. “I could tell one little boy did not want to go back. He wanted to stay there with us.”
Texas Wants 8 Sect Kids Back
http://www.cbsnews.com/stories/2008/08/17/national/main4356497.shtml
Excerpts
(AP) More than two months after being forced to return children from a polygamist sect to their parents, Texas child welfare authorities want eight of the youngsters put back in foster care.
Individual hearings for the four mothers of the children, ranging in age from 5 to 17, are set to begin Monday.
Child Protective Services has asked Texas District Judge Barbara Walther to return the children to foster care because their mothers allegedly have refused to limit their contact with men accused of being involved in underage marriages.
"We continue to have concerns in particular for these eight children, which is why we have asked the judge to review the case," said CPS spokeswoman Marleigh Meisner.
---------------------------
The issue, as it was in the earlier case, is "whether the children are in any immediate danger simply because their parents choose to raise them in this religion," he said. "The substance of what they're doing here is fundamentally the same."
FLDS Children See Dogs For the First Time in Their Lives
http://radio.woai.com/script2/print.php?page=/cc-common/news/sections/newsarticle.html&article_id=4108587&feed_id=119078
Excerpt
Dogs are not allowed and never have been on the FLDS compound. So most kids had never seen one and many have never even seen a picture of a dog.
But when some of the children were housed at a San Antonio shelter they requested to finally see a four footed friend.
The call for a dog went to Pasty Swendson, a former TV personality, now owner of Pennies from Heaven, a dog therapy service.
The fragile meeting was arranged. After all, the kids didn’t know a dog from a gopher. Swendson says she brought her Golden Retriever, two smaller dogs and her Irish Wolfhound.
“When we entered the room, the kids, boys and girls, showed restraint. But soon enough they became excited and the first dog they went to was the 135 pound Wolfhound.”
Swendson says the children were well behaved, spelled aloud the dogs names, examined their fur, toes and faces and expressed amazement at them.
The 90 minute “therapy session” was over too soon says Swendson. “I could tell one little boy did not want to go back. He wanted to stay there with us.”
Saturday, August 16, 2008
Court lets CPS end oversight of 34 FLDS children
http://www.chron.com/disp/story.mpl/life/religion/5946990.html
Excerpts
Child Protective Services indicated last week that it would no longer pursue legal action against the parents of 34 children because the agency felt they were not in immediate danger. On Friday, State District Judge Barbara Walther agreed to the motion, without comment.
Friday's court action doesn't mean CPS ends its involvement with the 10 families of the 34 children, all members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a group that allegedly practices underage marriage.
CPS may still investigate the families or deliver services.
The child protective agency typically drops custody cases either when a thorough investigation leads them to believe no abuse occurred, or when they conclude that despite past abuse, a caregiver can now protect a child without the court's help, said CPS spokeswoman Marleigh Meisner.
Meisner said she could not discuss the specific reasons for CPS's decision to ask for an end to court oversight, nor the ages or gender of the 34 children.
----------------------------
Last week, armed with new evidence, the agency returned to court to again seek custody, but this time only of eight children, six girls and two boys ages 5 to 17. The agency said it was doing so either because they lived in households that refused to condemn underage marriages or were actively involved in the practice.
Walthers will hold hearings on that request beginning Monday in San Angelo.
CPS is still deciding what to do with the 400 or so pending cases.
Excerpts
Child Protective Services indicated last week that it would no longer pursue legal action against the parents of 34 children because the agency felt they were not in immediate danger. On Friday, State District Judge Barbara Walther agreed to the motion, without comment.
Friday's court action doesn't mean CPS ends its involvement with the 10 families of the 34 children, all members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a group that allegedly practices underage marriage.
CPS may still investigate the families or deliver services.
The child protective agency typically drops custody cases either when a thorough investigation leads them to believe no abuse occurred, or when they conclude that despite past abuse, a caregiver can now protect a child without the court's help, said CPS spokeswoman Marleigh Meisner.
Meisner said she could not discuss the specific reasons for CPS's decision to ask for an end to court oversight, nor the ages or gender of the 34 children.
----------------------------
Last week, armed with new evidence, the agency returned to court to again seek custody, but this time only of eight children, six girls and two boys ages 5 to 17. The agency said it was doing so either because they lived in households that refused to condemn underage marriages or were actively involved in the practice.
Walthers will hold hearings on that request beginning Monday in San Angelo.
CPS is still deciding what to do with the 400 or so pending cases.
Tuesday, August 12, 2008
Texas widens FLDS probe
http://deseretnews.com/article/1,5143,700250157,00.html
Excerpts
Texas Rangers are investigating 20 cases of sexual assault and about 50 bigamy charges involving members of the FLDS Church, the Deseret News has learned.
-----------------------------
The investigation has already prompted five indictments, including one against the church's leader, Warren Jeffs. A Schleicher County grand jury will convene again next week and may consider further indictments.
Rod Parker, a Salt Lake attorney acting as spokesman for the Fundamentalist LDS Church, was surprised by the sheer number of sexual assault and bigamy cases.
And he insists there aren't enough men practicing plural marriage at the Yearning For Zion ranch outside Eldorado, Texas, to come up with 50 bigamy investigations.
"I think they would have a problem coming up with 50 bigamy charges without charging the women," Parker said.
-----------------------------
Parker said traditionally a person is charged with bigamy because there is deception involved, like a man marrying another woman without that woman knowing he has another wife back home.
"This is completely different. Here we are talking about people who are consenting and know what they are doing," Parker told the Deseret News. "It's hard to see where the crime is."
Excerpts
Texas Rangers are investigating 20 cases of sexual assault and about 50 bigamy charges involving members of the FLDS Church, the Deseret News has learned.
-----------------------------
The investigation has already prompted five indictments, including one against the church's leader, Warren Jeffs. A Schleicher County grand jury will convene again next week and may consider further indictments.
Rod Parker, a Salt Lake attorney acting as spokesman for the Fundamentalist LDS Church, was surprised by the sheer number of sexual assault and bigamy cases.
And he insists there aren't enough men practicing plural marriage at the Yearning For Zion ranch outside Eldorado, Texas, to come up with 50 bigamy investigations.
"I think they would have a problem coming up with 50 bigamy charges without charging the women," Parker said.
-----------------------------
Parker said traditionally a person is charged with bigamy because there is deception involved, like a man marrying another woman without that woman knowing he has another wife back home.
"This is completely different. Here we are talking about people who are consenting and know what they are doing," Parker told the Deseret News. "It's hard to see where the crime is."
Thursday, August 7, 2008
DNA Not Working & FLDS Man Dies
Clashing stories, similar DNA hurt FLDS prosecution
http://www.chron.com/disp/story.mpl/life/religion/5922407.html
Excerpts
"The problem isn't so much proving the issue that there had been sexual contact," Marrus said. "The bigger issue is proving who did it. ... So unless the child testifies that she had sex with a Mr. A or Mr. B, you don't have any proof who did it."
--------------------------
After interviewing more than a dozen teen girls inside one of the sect's 19 lodge-like homes on the night of April 3, CPS investigators reported evidence that not only were underage girls married, but also some became mothers before turning 18. Concerned that younger girls and boys were being raised in an environment where girls could be made wives once they menstruated, CPS and law enforcement huddled with state District Judge Barbara Walther, who ordered all children to be removed.
----------------------------
The confusing tangle of family relationships within a sect where a handful of families have intermarried for decades and often use the same names has been a major hurdle for both CPS and the Texas Attorney General's Office now prosecuting the case.
According to one state source close to the investigation who asked not to be identified, at least 5 percent of DNA samples taken from children and parents was so similar when compared, it could not be determined in those cases which child belonged to which parent.
Also, investigators have complained of inconsistent stories from young women about whether they were married to adult men.
----------------------------
However, despite the silence or varying versions about who is related or married to whom, investigators have been aided by an unlikely source: the sect's penchant for writing journals, recording family trees and scrapbooking their lives.
This practice appears to be one adopted by many members, including the young girls who write about their hopes to be united in marriage to a worthy FLDS man, an act considered their legacy and duty to their breakaway Mormon faith.
In a Dec. 27, 2006, entry submitted recently to Walther's court, a teenage daughter of FLDS president Warren Jeffs wrote: "The Lord blessed me to go forward in marriage July 27, 2006, the day after I turned 15 years old."
The girl also kept scrapbooks that included pictures of her passionately kissing her new husband, 34-year-old Raymond Jessop. In another picture, she is seen seated closely to her husband on a couch.
----------------------------
"I was shown that I should perform three marriage sealings tonight," states a journal entry dictated by Warren Jeffs in which he describes marrying off his daughter and two others on July 27, 2006.
"I did gather my daughter and her mother Annette in this afternoon and gave her a training on how to be a heavenly wife and to get close to her husband," Jeffs stated.
The girl's own diary, excerpted and attached in the court filing, corroborated that series of events.
FLDS man dies
this story didn't get much press, but it was on the front page of http://www.myeldorado.net/ a little while after it happened.
The Success has learned that William Sunderland Jessop, 29, died Thursday, July 31, 2008, of unknown causes at the YFZ Ranch. The official cause of death has not been released pending an autopsy but, authorities say they do not suspect foul play. Jessop was the son of YFZ overseer Merril F. Jessop. He is believed to be survived by two wives and at least six children, as well as his parents and numerous brothers and sisters.
http://www.chron.com/disp/story.mpl/life/religion/5922407.html
Excerpts
"The problem isn't so much proving the issue that there had been sexual contact," Marrus said. "The bigger issue is proving who did it. ... So unless the child testifies that she had sex with a Mr. A or Mr. B, you don't have any proof who did it."
--------------------------
After interviewing more than a dozen teen girls inside one of the sect's 19 lodge-like homes on the night of April 3, CPS investigators reported evidence that not only were underage girls married, but also some became mothers before turning 18. Concerned that younger girls and boys were being raised in an environment where girls could be made wives once they menstruated, CPS and law enforcement huddled with state District Judge Barbara Walther, who ordered all children to be removed.
----------------------------
The confusing tangle of family relationships within a sect where a handful of families have intermarried for decades and often use the same names has been a major hurdle for both CPS and the Texas Attorney General's Office now prosecuting the case.
According to one state source close to the investigation who asked not to be identified, at least 5 percent of DNA samples taken from children and parents was so similar when compared, it could not be determined in those cases which child belonged to which parent.
Also, investigators have complained of inconsistent stories from young women about whether they were married to adult men.
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However, despite the silence or varying versions about who is related or married to whom, investigators have been aided by an unlikely source: the sect's penchant for writing journals, recording family trees and scrapbooking their lives.
This practice appears to be one adopted by many members, including the young girls who write about their hopes to be united in marriage to a worthy FLDS man, an act considered their legacy and duty to their breakaway Mormon faith.
In a Dec. 27, 2006, entry submitted recently to Walther's court, a teenage daughter of FLDS president Warren Jeffs wrote: "The Lord blessed me to go forward in marriage July 27, 2006, the day after I turned 15 years old."
The girl also kept scrapbooks that included pictures of her passionately kissing her new husband, 34-year-old Raymond Jessop. In another picture, she is seen seated closely to her husband on a couch.
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"I was shown that I should perform three marriage sealings tonight," states a journal entry dictated by Warren Jeffs in which he describes marrying off his daughter and two others on July 27, 2006.
"I did gather my daughter and her mother Annette in this afternoon and gave her a training on how to be a heavenly wife and to get close to her husband," Jeffs stated.
The girl's own diary, excerpted and attached in the court filing, corroborated that series of events.
FLDS man dies
this story didn't get much press, but it was on the front page of http://www.myeldorado.net/ a little while after it happened.
The Success has learned that William Sunderland Jessop, 29, died Thursday, July 31, 2008, of unknown causes at the YFZ Ranch. The official cause of death has not been released pending an autopsy but, authorities say they do not suspect foul play. Jessop was the son of YFZ overseer Merril F. Jessop. He is believed to be survived by two wives and at least six children, as well as his parents and numerous brothers and sisters.
Texas wants 8 FLDS kids back in foster care
http://www.sltrib.com/ci_10110171
Excerpts
Texas authorities have asked a judge to return eight children from a polygamous sect to foster care after their mothers refused to sign safety plans limiting contact with men involved in underage marriages.
Texas Child Protective Services filed a motion Tuesday to have six girls and two boys, aged 5 to 17, placed back in state custody. A hearing has been set for Sept. 25 by 51st District Judge Barbara Walther.
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The state wants to remove two sons and a daughter of Barbara Steed and Merril Jessop, alleging they have permitted illegal marriages of underage daughters or between adult sons and minor girls. Merril Jessop is a church bishop who oversaw the YFZ Ranch in Eldorado.
The couple's daughter was married at age 12 to Jeffs at the ranch on July 27, 2006.
That same day, two of Merril Jessop's sons - Merril Leroy Jessop, 33, and Raymond Jessop, 36 - were married to 15-year-old girls, one of whom is Jeffs' daughter. The grand jury indicted the brothers last month and they remain in jail. Merril Leroy Jessop is charged with felony bigamy and sexual assault, and Raymond Jessop with sexual assault.
The state also wants to resume custody of a 13-year-old daughter of Amy E. Johnson, who is alleged to have allowed a 15-year-old daughter to marry an adult man in 2005. Merril Jessop and Wendell Loy Nielsen, a church elder and Johnson's current husband, witnessed the ceremony, the state alleges.
Another motion covers two daughters of Ellen G. Young, Barbara's sister, and Nephi Barlow. Young was married in 2004 to Merril Jessop, the state alleges. The girls lived with their aunt at the ranch for three years while their mother worked in Nevada, according to the documents.
Two other girls are daughters of Alice F. Barlow and Lloyd Hammon Barlow, 38, a physician indicted last month on three counts of failure to report child abuse. A court document alleges that one of Barlow's four plural wives was 16 when they married; it also says Barlow told investigators in April he had overseen births to underage girls at the ranch and other places "many times."
The state is specifically asking mothers of girls ages 10 to 17 to sign the safety plans to keep them from underage marriage or sexual abuse, said CPS spokeswoman Marleigh Meisner.
The mothers of the eight children listed in the motion refused to do so, she said.
FLDS spokesman Willie Jessop called the state's demand that the women sign the safety plan or face losing their children "barbaric."
"Why should these mothers forfeit their rights when they haven't had their day in court, and there is no evidence their children are in immediate danger?" he asked.
Attorney Stephanie Goodman, who represents Amy Johnson, said she advised her client against signing a plan that "will only be used against [her] in the future.
"My client is verbally and physically implementing the safety plan and CPS has the right to ensure by unannounced visits that she is keeping and providing her child a safe and stable environment," Goodman said.
Meisner said cases being dismissed involve families where there is either no evidence of underage marriages or children whose parents have agreed to appropriate steps to protect them from abuse.
She said in "more than half of the YFZ children, no match was found among the 26 fathers who provided DNA samples."
Excerpts
Texas authorities have asked a judge to return eight children from a polygamous sect to foster care after their mothers refused to sign safety plans limiting contact with men involved in underage marriages.
Texas Child Protective Services filed a motion Tuesday to have six girls and two boys, aged 5 to 17, placed back in state custody. A hearing has been set for Sept. 25 by 51st District Judge Barbara Walther.
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The state wants to remove two sons and a daughter of Barbara Steed and Merril Jessop, alleging they have permitted illegal marriages of underage daughters or between adult sons and minor girls. Merril Jessop is a church bishop who oversaw the YFZ Ranch in Eldorado.
The couple's daughter was married at age 12 to Jeffs at the ranch on July 27, 2006.
That same day, two of Merril Jessop's sons - Merril Leroy Jessop, 33, and Raymond Jessop, 36 - were married to 15-year-old girls, one of whom is Jeffs' daughter. The grand jury indicted the brothers last month and they remain in jail. Merril Leroy Jessop is charged with felony bigamy and sexual assault, and Raymond Jessop with sexual assault.
The state also wants to resume custody of a 13-year-old daughter of Amy E. Johnson, who is alleged to have allowed a 15-year-old daughter to marry an adult man in 2005. Merril Jessop and Wendell Loy Nielsen, a church elder and Johnson's current husband, witnessed the ceremony, the state alleges.
Another motion covers two daughters of Ellen G. Young, Barbara's sister, and Nephi Barlow. Young was married in 2004 to Merril Jessop, the state alleges. The girls lived with their aunt at the ranch for three years while their mother worked in Nevada, according to the documents.
Two other girls are daughters of Alice F. Barlow and Lloyd Hammon Barlow, 38, a physician indicted last month on three counts of failure to report child abuse. A court document alleges that one of Barlow's four plural wives was 16 when they married; it also says Barlow told investigators in April he had overseen births to underage girls at the ranch and other places "many times."
The state is specifically asking mothers of girls ages 10 to 17 to sign the safety plans to keep them from underage marriage or sexual abuse, said CPS spokeswoman Marleigh Meisner.
The mothers of the eight children listed in the motion refused to do so, she said.
FLDS spokesman Willie Jessop called the state's demand that the women sign the safety plan or face losing their children "barbaric."
"Why should these mothers forfeit their rights when they haven't had their day in court, and there is no evidence their children are in immediate danger?" he asked.
Attorney Stephanie Goodman, who represents Amy Johnson, said she advised her client against signing a plan that "will only be used against [her] in the future.
"My client is verbally and physically implementing the safety plan and CPS has the right to ensure by unannounced visits that she is keeping and providing her child a safe and stable environment," Goodman said.
Meisner said cases being dismissed involve families where there is either no evidence of underage marriages or children whose parents have agreed to appropriate steps to protect them from abuse.
She said in "more than half of the YFZ children, no match was found among the 26 fathers who provided DNA samples."
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