Comments about ‘Attorneys for Jeffs seek suppression of evidence’

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Published: Thursday, Sept. 18 2008 12:16 a.m. MDT

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Joey

Let's not forget that the pregnant teenagers they say they saw, actually turned out to be adults. But of course Voss didn't believe their birth certificates. Why? Because she's prejudiced. What does that mean? It means bad faith, that's what.

Shocked

I Hope I don't ever get pulled over in Texas for fear that my driver's license in Nevada is fake or is not real. I Hope I don't ever go to Texas for fear that my Birth Certificate is made up and is not legal and they don't honor other states credentials. Does Utah and Arizona Honor Texas State Certificates. Does Texas need 9 more wakeup calls or is it another natural disaster blamed on Mother Nature ,I THINK NOT. Mother Nature is God.

AZ Border Dude

Lest we forget, a cell phone (which is what the call was made from) can be used in any state, not just the one where it is from. The caller ID shows the number, not where the phone is. I have had phones with FL numbers call me from a town ten miles away in AZ.

The good faith reliance was from the statements made during the call. Not from what details were learned weeks later.

I haven't seen any indication that Barlow was "the" target of the raid. That was a speculation by individuals. And, from news accounts the cops didn't KNOW he was in AZ.

Shocked - don't go out of your house - the sky is falling.

The deception on the part of the residents of the ranch was what perpetuated the whole fiasco. Had they told the truth it would've been way different. Whose fault is it for rearing children to lie and decieve?

Piceretta's track record's full of these type motions. Most have failed in the past. He's just shooting in the dark hoping to hit something, Here we know him well.

Only when truth is known does truth prevail.

American

My opionin, the raid in Texas was/is a trial run for the new Government that is planning on taking over the Good old USA, Obama is an African born and breed, why should we have someone in the American office who does not support American ideals -- Obama may actually be inviting the next world war, The government no longer acknowledges the original constitution. The constitution is therefore non-excistant to a large portion of government officials - who are only in the office to fatten their pockets $$$$ / I hope that the rest of us dont continue to sleep through whats really going on - HELLO AMERICA - WAKE UP

Jon W

If your client is not guilty, argue the facts. If your client is guilty, argue the law. If you can't argue the law, suppress the evidence.

Attorney

Cell phones record exactly where the call originates, down to the local cell tower handling the transmission. They also carry GPS receivers and transmit the GPS locater signal. This information can be obtained by law enforcement from the phone companies. It is not even confidential or privileged, so they don't need a warrant, just be a legitimate government agency with a need for the information, such as search & rescue. In this case, when a person is claiming to be held against their will, the phone companies would have every reason to give the information to the Texas authorities and none to withhold it. Concealing it would open the phone company to liability to the person in distress. Confirming the real location of the caller was essential to rescuing the person, so why didn't the Texas authorities do that first, when they were using the call as the basis for a mass raid? They had to take time to line up personnel to do the searches and take hundreds of children into custody. They couldn't be bothered to confirm the source of the call? They clearly did not want to know if it was fake.

zxcvbnm


It is amazing that Colorado has Swinton on charges of making bogus calls, Texas has one of the alleged suspects cleared (Barlow) and the world knows that Swinton is a nutjob but Texas is still "investigating".
If Jeffs lawyer can prove his theory about the call and the lack of "good faith" by Texas officials the Jeffs case falls apart.
Texas can ignore out of state rulings and allow the "evidence" for Texas trials.
As far as arguing the law, the law says the state can't use "evidence" gathered in an illegal manner.
Illegal search and siezure is against the law.
Texas blew it and still choses to ignore reality. Investigate Swinton and the case falls apart or stall the investigation and conduct your trial with gossip and rumor.....more time to hold the kids.

brightside

American:

What you wrote about Obama would be true if you inserted the name George W. Bush instead! It's is because of "Americans" like you that we are in the middle of an economic disaster, environmental upheaval and two wars!! The rich keep getting richer and the poor poor... Anyway, go away with your conspiracy theories! Warren Jeffs married 12 year old girls but I see you don't have a problem with that!

brightside

Joey:

Lets not forget the 12 year old girls were married at that ranch all the time!

CPS didn't believe the women there because they kept changing their stories (LYING)! It is difficult to believe anyone who lies!

Get your facts straight--you are a mess!

Cats

To Brightside: I agree that AMERICAN'S post was stupid. That does not represent the thinking of most conservatives. However, I don't agree with the things you said about Obama or Bush and, frankly, it's off point.

I do agree with what you said about the YFZ ranch and all the garbage that has gone on within the FLDS community for generations. We have the same people blogging every time this issue comes up. They make irrational attacks on CPS and the State of Texas hoping this will somehow divert attention away from the fact that crimes are being committed against children in the name of their religion. They think they can somehow persuade the rest of us that there is some sort of evil conspiracy against them.

The FLDS have no one to blame but themselves for the legal mess they are in. Crimes against children can never be justified and no amount of screaming to divert attention will work.

I believe the evidence will be admitted in court and eventually these cases will be resolved. I THINK A FEW FLDS MEMBERS ARE GOING TO JAIL!

zxcvbnm


Diverting attention........that's a new one that can be added to spelling errors and calling people flds supporters.

The key word Cats is A FEW FLDS ......not 291 or for that matter 440..whoops 439.
Texas will never live down the bungled attempt to portray the FLDS as child abusers and if all goes according to the law Texas will have blown its chance to get the FEW persons that are presently accused of "child abuse".
The orchestrated attempt by the state of Texas to deamonize the flds has failed even with a few convictions.
So keep throwing out broad accusations without proof and keep your fingers crossed that the Jeffs picture gets thru the legal gauntlet...the guy might end up in jail.......but darn he's there already.......lol

I Wonder:

I am new at this site;
But I wonder if American is really saying that America is headed into a Communist Government?

I dont see any comments justifying Child bride marriages.
However, if the proof is there, then yes someone needs to stand up and put a stop to it.

new@this

American
are you trying to say you are concerned that America is headed into Dictatorship?

Granted the raid on the FLDS was prompted under false pretense, and does show signs of being run by a dictator, maybe its just Texas (another example Waco)

It looks like the attorneys will work the system through.
Best of luck to those who need it.

Cats

To zxcvbnm: More irrational attacks. It's obvious that my blog really hit home. Keep it up. The more you do it, the more it becomes clear to everyone that your arguments are silly.

AZ Border Dude

Attorney is right - up to a point.

The cops must have the number, date and time of call - not often easily obtained from an answering machine (The call wasn't to 911); they must determine what company the telephone number belongs to; call them and see if it was their system handling the call. If not they'll know what company that handled the call.

Then a call to that company for the same data. If that one has the info that's good. After 48 hours often it will not.

If not - mesure the safety of the children. Lots of this depends upon how long CPS sat on it before asking the State Police for support.

I doubt the cell companes would reply to the CPS folks because those agencies don't usually have the proper phone numbers to call the cell provider to get that data and likely won't have the security codes either.

And, yes the information IS protected data for privacy and safety of the caller reasons; just like wireline phones. Unless you can satify them you're legitimate; they'll ask YOU for the time.

BTW I'm a 9-1-1 Network Manager; I do this regularly.

Joey

CPS/LE waited FOUR DAYS before entering the ranch. During those four days they either investigated and found out the calls were bogus or...didn't investigate at all which is not doing due dilligence. Either way: No Good Faith. Waiting four days while a girl allegedly is being beaten says LE/CPS probably didn't believe the story, or else they would have acted sooner. Then the minute they get in the door they start interviewing girls about underage marriage and bigamy. Reason: because they had been gearing up for this raid, consulting with ex-members, etc., for four years. They weren't going to miss a chance to get in and find stuff out. It was a fishing expedition, NOT a rescue. The rescue aspect was how they played it out to the media. Their probable cause was not Sarah, it was the stories of bitter ex-members, who had never been on the ranch.

Simpleton

Is that old cat on here again. Geeze!

zxcvbnm


Not bothered at all Cats........the more info that comes out the more the case falls apart.

So keep up the name calling and slip in some more rumor and gossip......didn't work for Flora or Carolyn.
291 innocent children are out from under CPS oversight and still more to come......six months of trying to bust people has led to nothing and still the state of Texas can't find "Sarah", can't find a pregnant teen, and still hasn't indited ole Merril.
Keep your fingers crossed and perhaps the state will find some FLDS member jay walking.

From GA

The debate in this blog clearly outlines two evils.

1. That the FLDS marry their girls into polygamy, often to men much older than themselves.

2. That CPS indiscriminantly seized ~439 children from an unpopular religious sect.

Please join me in praying that our legal system quickly and severly punishes those who have done wrong.

Close Observer

Mike Piccarreta's a good guy and a good attorney. But he's swimming hard upstream on his supression motion. Even assuming the truth of all he says in the motion, most, if not all the evidence comes into court.

Piccarreta will do what he must to vigorously represent his clients within the bounds of the law, but at the end of the day, I predict the jury will have plenty enough evidence before it to do its job.

That day may be a little warm for some of the FLDS child abusers.

Deservedly so.

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