Reader comments
Texas appeals to state Supreme Court in FLDS case

139 comments   |   Read story

realitycheck | 5:06 p.m. May 23, 2008
"Polygamy is not the issue at hand. You'd be more convincing if you would just stick to the CPS allegations and not make up your own."

The CPS allegations are abuse. FLDS beliefs and practices are abusive, as I stated. Waht don't you understand?

You would be more convincing if you didn't try to twist things and simply stated facts.

As I said before, lots of FLDS practice twisting things for your own benefit. Unfortunately, in a logic war you would lose.
wyogirl | 5:27 p.m. May 23, 2008
realitycheck makes a great point - our judicial/CPS system are not set up to prosecute a group like the FLDS. That is why they have been able to continue for over a hundred years - not because what they do isn't wrong.

Living "differently" is fine - but these leaders have total control over the women and children. They use and abuse them for their own purposes. Societies have to draw the line somewhere or any group of people could do ANYTHING and claim legal rights to do it.

I hope that some FLDS women took this chance to escape. Perhaps some have learned that having an education is a good thing - they won this appeal because of a WOMAN lawyer. Perhaps they have seen their so called leaders for the cowardly scum-bags that they are. They have received more support from the evil outsiders than they have from their "husbands."

Unfortunately most of these women have been stripped of any self-respect they were born with. They would abandon their boys, allow their girls to be raped, switch name bands, and blatantly LIE on t.v.

I'm sure we'll see them back working in the fields before long. Sad.

hoping | 5:33 p.m. May 23, 2008
Wrong......the 12 children may have "state supervised visit", quite a bit different than loading em' up and hauling em' back to the "child sex slave ranch"- Boy, how you defenders grab the pom poms and start cheering before you know the whole story. Still,- what a setback, for polygamy, in the LDS Church.
Comments continue below
Ronald A. Young | 5:57 p.m. May 23, 2008
This issue needs to take as long as it needs to take. I would hope long enough to allow some of the Brained Washed Women to become of aware of the Reality that they made their Daughters Victims of Rape and Child Sexual Abuse. Texas Police and CPS did a fine job, they had to bring all the kids out because the Cult acts as one big family and they moved the kids around gave false names and other wise obstructed justice and an investigation. Yes in normal cases you can't remove the child next door or accross the street because your neighbor is having Incest. However this is different vastly different and you have to apply the law to fit the crime. Public and child Safety come first. There are still a lot of things the State can do before they have to return the kids back. They can find out who is married to whom and do the math and act and charge accordingly. Most of perhaps all of the underaged so called marriages where Rapes do to the age of the female. No Young Males where married of to older women. This is about Sex with Childern.
Interloper | 6:01 p.m. May 23, 2008
Well, this lawyer disagrees with the other people who claim to be lawyers on this thread. The appeals court did not use the proper standard of review to accuse a trial court judge of abuse of discretion. Judge Walther did have some evidence of abuse to rely on and the state is developing more. It is premature to expect the evidence gathering to be complete.

Yesterday, I said that Gloating Day for the FLDS would turn into Tantrum Day when CPS filed an appeal. I did not expect it to happen so soon.
Anonymous | 6:41 p.m. May 23, 2008
Interloper,
You sound as if you have a dog in this fight. Are you some kind of over the edge evangelical that believes every horror story and allegation of evil sexual practice exists as doctrines of Mormons or FLDS? My guess would be yes.

The real evil is in having your mind-set coupled with an out of control gov agency. Right now I would guess the people in charge of those agencies are from 'your' religious persuasion.
The filth that must go through your minds to conjer up such visions & charges and the insanity that propels you to round up 500 women & children like cattle and take them away!

The FLDS women love their children, and their children need to be with them. You apparently are more concerned with 'winning' than in what is best for the children. I'll even bet you aren't upset at all that gay men may adopt and parent small children, and teach them according to a 'pervasive belief' that man on man is normal. I think you are full of religious bigotry. I hope you get over it.
to Interloper | 7:03 p.m. May 23, 2008
If you are an attorney, you should know that an appeal is not in the best interest of CPS, TX, or the U.S. as polygamy might be tested. (see Lawrence V. Texas.) You might also want to review your Evidence text. The judge (Walther) did not have evidence as determined by the judges (plural) at the court of Appeals. While CPS might be working on evidence, including DNA, you should know all might be ruled inadmissible. Again, see your Evidence Book.
John Lambert | 7:12 p.m. May 23, 2008
With California attempting to end home schooling people the claims that that is partly why the FLDS are being persecuted are not preposterous.
Secondly, I am not sure which states force women to remove Burkhas for drivers license photos. It is stupid since the women then appear different in the photo than they actually look.
However beyond that I think it is a violation of the 1st admendment. In 1990 the US Supreme COurt decided the Free Exercise clause of the 1st admendment did not really hold water. It was the worst decision since Dred Scott. I say let people exercise their freedom as long as the government does not have a compelling interest, and there is not compelling interest in forcing women to show off their hair.
Slither away | 7:21 p.m. May 23, 2008
It's going to be extremely hard for authorities to ever get anything called TRUTH or even near the Truth form the lips of FLDS. The FLDS are the biggest pack of deceptive liars to ever slither across the whole southwestern part of the United States of America. I have never seen anything like it.
TO realitycheck | 7:26 p.m. May 23, 2008
CPS alleges abuse and the Court of Appeals ruled there was NO evidence. Texas is stupid enough to appeal that ruling which will have huge implications regarding religious right to upbringing and possibly even begin a challenge to polygamy.

I'd type more slowing, but even then, I don't think you would follow.
slithering | 7:32 p.m. May 23, 2008
The FLDS told the truth even providing identification. CPS ignored that truth again and again. You might want to look up "Writ of Mandamus" and what that means.
John Lambert | 7:32 p.m. May 23, 2008
The Texas CPS is being disengenous in how it presents the case. The only female who has presented an argument that she felt she had been forced to have sex was Rozita "Sarah". And she was lieing completely.
Yes, there have been arguments of such in other cases, but not in Texas. CPS has not demonstrated that in any case the pregnant teenagers they have in custody felt they were forced to have sex. In facth they have not even demonstrated who the father of any of the children in question is.
We do not know who the fathers of the children born when their mothers were 16 are. Without a knoledge of this fact there is no way to argue that statutory rape or child abuse occured.
I could have a pregnant daughter is 12 and became pregnant because she got raped at school. This would in no way demonstrate that I was a bad parent.
The main point of the Apppeals Court ruling was that CPS failed to demonstate sufficiently that they had cause. The mere presence of pregnancy is not evidence alone.
Red | 8:10 p.m. May 23, 2008
Hey Red: "You might want to do a search on Bigamy. It's a Class A Misdemeaner in Texas."

Old news, I think. In their zeal to make obeying the law more difficult for FLDS, TX bumped bigamy up to felony status.

Even so, two can play this game. If certain words make an otherwise accepted act illegal, the FLDS can just stop using those words.

See Larry King the other day (paraphrased, despite my quote marks):

LK: "Are you his husband?"

FLDS Frau: "No, we're not married. I'm simply the mothr of his children."

Badda boom, badda bing: no bigamy!

There's also the Constitutional prohibition on laws specifically designed to prohibit the free exercise of a religion, but I don't think that anyone's rational enough to strike down TX/UT/AZ laws despite their obvious target.
He said, she said | 8:28 p.m. May 23, 2008
(The department has complained that children switched names and both children and mothers have refused to answer questions about identities of family relationships, making it difficult to determine which child belongs to which parent.)..... I guess CPS never heard of clipping a toe nail and checking for DNA?...
The Texas CPS is grasping for straws.
CPS and Judge a disgrace! | 8:28 p.m. May 23, 2008
Although I do not condone the FLDS, they have a right to practice their religion.

I would agree that if CPS had a search warrant, and the FLDS had been given appropriate time to obtain legal advice and/or attorney's, we wouldn't be talking about any of this right now.

I would not have let anyone come in like the CPS and their back up so called SWAT team.

I am continually appalled at the way all this was handled. No proof, nothing factually proven...all hearsay because of a ridiculous phone call that the ignorant CPS and Texas officials believed.

The treatment these FLDS received is really unforgivable. The children will have a life time of nightmares and lack of trust in our so called judicial system because some crazy judge wanted to use her so called power unlawfully.

The whole thing just makes me sick!
realitycheck | 9:08 p.m. May 23, 2008
to - TO realitycheck 7:26pm

I'm thinking you didn't read my post. Because I said that the majority of the abuse you apply in your religion is not illegal. (the rest has yet to be proven.)

But your religion is inherently abusive to children, especially girls. Perhaps not illegal, but the servitude of young girls in the name of religion is morally wrong.

no need to type slowly - I read just fine.
Gramma | 9:30 p.m. May 23, 2008
Individuals aren't immune for the results of their official conduct simply because they were enforcing policies or orders. Where a statute authorizes official conduct which is patently violative of fundamental constitutional principles, an officer who enforces that statute is not entitled to qualified immunity.

Hafer v. Melo (S. Ct. 1991)

Social workers (and other government employees) may be sued for deprivation of civil rights under 42 USC 1983 if they are named in their 'official and individual capacity. -- Just the highlights

Walsh v. Erie County Department of Job and Family Services

Child protection social workers claimed they were immune from liability in a civil violation (4th Amendment) suit, claiming qualified immunity because "they had not had training in Fourth Amendment law." They felt they couldn't be sued for their mistake, because they thought they were not binded by the Fourth Amendment. The court disagreed ruling "That subjective basis for their ignorance about and actions in violation of the Fourth Amendment does not relieve them of the consequences of that ignorance and those actions." and denied their immunity. 3:01-cv-7588.

Aponte Matos v. Toledo Davilla (1st Cir. 1998)

Gramm | 9:30 p.m. May 23, 2008
The above is from the FLDS website. Cower and hide, you bullies CPS!!!!!
Interloper | 9:54 p.m. May 23, 2008
The three judges who made the decision are among the most the conservative in the Texas judiciary. They were led to this unfortunate outcome by their politics, not the law. Once the FLDS case is out of their hands, it will get more thoughtful consideration.

There is absolutely no chance polygamy is going to be deemed legal in Texas or any other state. Any possibility of that occurring ended with the rise of females to equal citizenship with men. Polygamy requires male dominance, which is increasingly unacceptable in the modern world.

It is probable most of the children will be returned to their mothers eventually with safeguards in place. That has been the state's intention all along.
Jen Shostak | 9:56 p.m. May 23, 2008
Late today, the Deseret News story on the status of things in San Angelo said:

"Meanwhile, CPS lawyers were back in court in San Angelo this afternoon for a hearing involving Louisa Jessop, who gave birth two weeks ago to a son while in state protective custody. Judge Barbara Walther must determine what will happen to the child. That decision has been made more complicated by Thursday's appeals court decision."

Has anyone heard what happened to this mother and her baby?
Jen Shostak | 10:02 p.m. May 23, 2008
To: DC

Thanks for carrying the ball critiquing the Texas Attorney General's quality of lawyering today. I'm not from your region, but I too think their papers are very badly written, especially because there are no citations to the record at the April hearing. There are no declarations to support the factual claims.

I always found Texas lawyers from big firms in Dallas and Houston and Austin to be just as thorough and careful as those of us in other states. So what's up? Is the Texas Attorney General taking a dive politically, or are the votes to overturn the 3rd District already lined up?

Pligs Pick-N-Choose | 10:07 p.m. May 23, 2008
The FLDS seem to think that they can pick and choose the laws that fit their liking. They seem to have forgotten, or just ignore the 12th article of faith...

Kudos to the Texas authorities for protecting children. Nothing is more important than STOPPING these perverts from raping little girls, brain-washing women, and abandoning young boys.

You can bet that most, if not all of the comments supporting this sick lifestyle is coming from pligs hunkered down at their computers in Shortcreek.
J-man | 10:07 p.m. May 23, 2008
Can just one FLDS person be honest and tell us where Merril Jessop is hiding?

J-man | 10:29 p.m. May 23, 2008
To Pick-N-Choose:

Why wouldn't the FLDS pick and choose which laws they want to obey? I mean good grief, they think that the Word of Wisdom is optional...

What they call an arranged "spiritual" marriage of a 50 y/o man to a 14 y/o girl as an act of god, the rest of the world calls deviant sexual behavior and rape of a minor.
Jen Shostak | 10:33 p.m. May 23, 2008
Last time I heard, Moslems in many countries are allowed to have 4 wives under their religion. I know they are not the most popular immigrants these days, but are there Moslem immigrants in the US today who have up to 4 wives? What does the State Department do with a Moslem who applies to immigrate and bring his immediate family here, including all 4 wives? I bet if his last name is Al Saud all the wives get in!

Gal50 | 10:41 p.m. May 23, 2008
The appellate court order to return the children was not well-written. It should have ordered the return of the children within ten days of the ruling if the parents are identifiable or after that, within ten days of identifying the parents, or otherwise held in CPS custody.

I don't think these parents take good care of their children, but they do take reasonable care of their younger children. Their children are at a greater risk of contracting serious childhood diseases due to the lack of immunizations, they may be undereducated, they are at risk of dehydration, heat exhaustion and heat stroke because they are forced to wear winter clothes in sweltering heat, they are at risk of being obedient to harmful people, they are overly indoctrinated and lack life choices, they are taught to fear the outside world and are not well-adapted to it, their toys and pets have supposedly been discarded and their parents are at risk for criminal prosecution.

Parents have the right to expose their children to this lifestyle. What has to be prevented is underage marriage, statutory rape, abandonment and child trafficking.

Think it's ok? | 11:06 p.m. May 23, 2008
After my dad took plural wives, our lives took on a form of secrecy. I did not dare tell anyone where he had gone or what he had done. Polygamy was still illegal, although there are thousands living it daily. I was afraid he would get arrested and be sent to jail. I began to be very selective in the things I would say. I became a very good liar, deceiving all those who asked me anything about him. Everything was a lie or a story. I never once felt any guilt for my actions as I thought I was protecting him.
Many Mormon people today are embarrassed by the doctrine of polygamy, many even deny it was taught. But the fact is, it was taught, believed and lived. Mormon doctrine states that polygamy will again be lived throughout eternity. For Mormon women who make it to the highest degree of heaven, they have only to look forward to sharing their husband with many other women for eternity.
Think it's ok? cont. | 11:07 p.m. May 23, 2008
Fear, hurt and anger hung over our house. My parents continued to fight, unable to settle their differences. And so, although I think my dad must have loved us, he left us, in order to follow the early LDS teachings.
After he moved out, he went to live in Colorado City, Arizona, which is a polygamist community. My dad "married" his second wife and a short time later "married" her sister, having a total of three wives.
My mother was left alone to raise her children. I was the youngest of her seven. I am now the seventh of sixteen children due to my dad's polygamous relationships. There were three of my mom's children still at home when he left. My mother was very depressed after her husband left her.
wrz | 11:59 p.m. May 23, 2008
"The CPS allegations are abuse. FLDS beliefs and practices are abusive, as I stated. What don't you understand?"

FLDS (or anyone else) can't be prosecuted for religious beliefs. Says so in the US Constitution, First Amendment.

If you want to prosecute for abuse, you have to have the evidence. And you have to identify and prosecute the abusers... not their victims. CPS got it totally backwards.
awesomeron | 12:03 a.m. May 24, 2008
You cannot pick and choose the laws you wish to obey and not obey. Because you do not like them. Just like you cannot refuse to work with other people you do not like for whatever reason you do not like them, provided they are not doing you any other harm, other then you not liking them. Sex laws are meant to protect children of Both Genders, from exploitation and abuse. These laws where passed because some people exploited and abused children when there where no laws to prevent it. As shown in the Case Of The FLDS if the Laws are not enforced then abuse will continue in the name of Religion and culture. Before 2001,age 14 was the age of consent in Hawaii, with No Upper Age Limit on the other person, usually Male. Young Teenagers where exploited all the time, with or with out consent. A law was passed changing the age to 16 with a five year age spread, on the other person. This protects the young from being exploited somewhat and Parents some Control. Also its a Felony that carries 20 years in prison. Teens in the same age range are not subject to arrest.
wrz | 12:28 a.m. May 24, 2008
"Polygamy requires male dominance, which is increasingly unacceptable in the modern world."

Actuality, polygamy is just the opposite. Women control most marriages... and doubly so with more than one women in the marriage.

"It is probable most of the children will be returned to their mothers eventually with safeguards in place. That has been the state's intention all along."

CPS's intention was to remove all children and permanently farm them out... and, hopefully, to erase all vestiges of the FLDS religion from their memories.
TO think it's ok | 7:13 a.m. May 24, 2008
I am sorry that your father left your family for other women, but this is quite common in the rest of the U.S. as well. How many sports figures have multiple children from equally as many women?
realitycheck | 9:20 a.m. May 24, 2008
wrz - 12:28am

you state that women control most polygamist marriages.... What?

you know, many here will stretch the true and bend facts for their own purpose, but few have the audacity to actually blatantly state untruths.

you have blatantly stated an untruth. In no way do women control in polygamist marriages. If you actually believe that, pls explain or take off your blinders.

And if CPS can un-indoctrinate those children from the teachings of an INHERENTLY ABUSIVE "religion", then that is a GOOD thing.
to J-man | 9:38 a.m. May 25, 2008
Willie Jessop excommunicated Merrill Jessop and took over the compound. With Warren Jeffs and Merrill out of the way, Willie Jessop is the new self appointed prophet. He will clean up Warren's mess !
SallyLee | 9:42 a.m. May 25, 2008
People keep saying that CPS has 5 (five) pregnant teenagers. What ages are the teenagers? You can be 17years, 360 days old and still be a teenager. Heck, you can be 18-19 and you are still a teenager by definition. I would THINK that CPS is saying there are non-adult teenagers pregnant, but they could STILL be OVER the age of consent in Texas. CPS seems to have a major agenda in releasing information to the press that is incorrect, misleading, vague and designed to try this case in the court of public opinion. Better if they had just kept their mouths shut and presented what they knew to the courts. Like the 13/14 year old they say is pregnant, but who STILL keeps coming up negative after 5 (five) pregnancy tests.
Ray | 11:05 a.m. May 25, 2008
If there were any teenage girls who felt trapped in situations they did not enjoy, such as 'the horror of a polygomous teen marraige' they have had a month to speak out.

None of the girls who were rescued wanted to be rescued.

Is this not the basic problem with the whole case?

None of the girls who were rescued wanted to be rescued!
Truth is hard to hear. | 4:56 a.m. May 28, 2008
With only a fifth grade education and years of a culturally indoctrination where you're taught that going against that doctrine results in your fall from grace of God, let alone the troubles that retribution would bring to those you love, is it any surprise these girls choose to keep their mouths shut and "keep sweet"?

This is not a valid religion, it is an evil cult that should be stopped. Warren Jeffs is the equivalent of Jim Jones.
Matt | 6:41 p.m. May 28, 2008
Wow. Cognitive dissonance, anyone?

The CPS is government. Government is bad!
The FLDS is not government. So FLDS is good!

No. They are a bunch of creepy weirdos who marry 13-year-old girls off to their 60-year-old uncle.

Would you let an FLDS man of 60, with four wives, marry and impregnate your 13-year old sister, daughter or niece?

Yeah. Sure. Of course you would.
Ray | 4:01 p.m. June 2, 2008
The CPS is truly out of control . Not just in Texas .It is all over the US . WV, VT, Ect . They never have prof they just accuse with out prof . Then the burden is on you to show prof of doing no wrong . The ones who are hurt are the children whom they are supposed to be protecting . Instead of protecting they are using them to break up families . The CPS and their policies needs looking into . I have a copy and they are bent and used to disrupt families . I have not had one good dealing with the CPS here in WV in four years. The Judges are the next in line , they should follow the law there is no excuse for them .

Add your comment

Comments are monitored. Any comments found to be abusive, offensive, off-topic, misrepresentative, more than 200 words or containing URLs will not be posted.

Words Remaining

E-mail address: For internal use only. We may want to contact you to publish your comment (not your e-mail address) in the newspaper or for a separate story idea.

Related content
previousnext

Latest comments

This is just stupied. Who makes the decision? The coaches? This is very ONE...

Utah's Wynn healing up

We have heard the excuses before Yewts. - BYU just BARELY beat you -...

George lost in rivalry hatefest

George is not diminished on bit in my mind but Hall certainly is. Whenever...

Deer hunt reduced to five days

The only problem with this new law is that there will be so many who won't...

Letters: Shouting side effects?

It's use of the acronym "MSM" that reveals your politics and your biases....

the jazz are good if boozer is good, boozer is good...

Deer hunt reduced to five days

The wildlife Board should reconsider. The size of the deer herds are not...

Deer hunt reduced to five days

I went to a RAC meeting where Sportman for Fish and Wildlife presented this...

Utah's Wynn healing up

Well, I will be one BYU fan to actually comment on the topic of the article....

Jazz outrun Pacers

His great preseason wasn't! He never even played, what are you talking about?...

Advertisements