Steve G.

Posts Tagged ‘Judges Gone Wild’

FLDS finally getting their children back today

In Big Brother, Children, Civil Liberties, Constitutional Rights, Corruption, Courts and Justice System, First Amendment, Human Rights Abuses, Law, Libertarian, Media, Minorities, Nanny State, People in the news, Police State on June 2, 2008 at 7:15 pm

Two months after their children were taken by state social service agencies, the parents of the Yearning For Zion polygamist sect have been granted permission by the court to pick up their children from foster care starting at 10:00 am CDT today.  This latest development comes after the Texas Supreme Court ruled on Friday that the state lacked probable cause to remove their children from their families, because they could not show that any of the children were in immediate danger.

The order does have some serious restrictions, however.  The families have been ordered to cooperate with state officials, including unannounced home visits and physical and psychiatric testing; they are also not permitted to leave the state of Texas, and the parents must take parenting classes.  The families are also not allowed to travel more than 100 miles without notifying Child Protective Services.

The return of the children is being hailed as a victory by civil libertarians, who viewed the raid as a violation of the sect’s constitutional rights.  However, many still question the restrictions placed upon the families by the court.

Yearning For Zion is a Fundamentalist Church of Jesus Christ of Latter Day Saints sect.  FLDS members believe in the original teachings of Mormon prophet Joseph Smith, who taught that polygamy is the way to glorification in heaven.  The mainstream Church of Jesus Christ of Latter Day Saints banned polygamy over a hundred years ago.

The state of Texas had taken over 400 children into custody, following a hoax call from a woman falsely claiming to be a pregnant FLDS teenager being beaten by her much older husband.  That woman, Rozita Swinson of Colorado, has been arrested; and it has come to light that this is not the first time she has perpetrated a hoax of this type.

It is expected that the YFZ families whose children were removed, as well as the young women who were taken against their will and assumed to be underage even though they are legal adults (at least one is in her mid-twenties), will sue the state of Texas and the state’s Child Protective Services agency.  If that occurs, due to the number of people involved, the damages could be in the billions.

Previous LFV entries on this subject (listed in chronological order):

“Sickos: What’s a free market solution?” by Nigel Watt, 4/22/08

“Another viewpoint on FLDS case” by ElfNinosMom, 4/22/08

“Texas Supreme Court orders polygamist children returned to parents” by ElfNinosMom, 05/29/08

Advertisements

Another viewpoint on FLDS case

In Activism, Big Brother, Children, Constitutional Rights, Courts and Justice System, Crime, First Amendment, Fraud, Human Rights Abuses, Law, Law Enforcement, Lies and the lying liars who tell them, Media, Nanny State, People in the news, Police State on April 22, 2008 at 7:04 pm

Polygamists outside courtThe judge hearing the case of 400+ children removed from the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), Judge Barbara Walther, has ordered DNA tests of the children from the Yearning For Zion (YFZ) compound. The tests began yesterday via cheek swab, and it is taking an extraordinarily long time to do each one (about 30 minutes) due to the convoluted relationships between the adherents, which brings with it fear of contamination of the samples. Many polygamist children living in a sect of this type have no idea which woman is their biological mother, or which man is their biological father. Prosecutors have also requested psychiatric examinations of the children, while the attorneys for the children objected vehemently to both.

In polygamist relationships, the women assigned to a particular man refer to one another as “sister wives”, and they are all viewed as mothers to all of their husband’s children. There is a pecking order among the wives, though, with each subsequent wife bearing less power within the overall relationship. Furthermore, women and children can be taken from the fathers, and “reassigned” to another man. For this reason, it is not at all unusual for a child to not know the identity of their biological parents.

However, there is reason to fear that the DNA tests will be used for other purposes. For example, if it is proven that a child was born to an underage mother, or that the mother and father are closely related, criminal charges could ensue, and the state will already have proof of the illegal relationship. More chillingly, under the guise of scientific knowledge, the test results could be used for other purposes, since in established polygamist sects everyone is related by blood to everyone else, and incest is common. Frankly, I fear that these children will become guinea pigs.

The judge stated the reason for the testing is that the mothers have regularly changed their names, possibly lied about their ages, and have difficulty naming their relatives.

In the meantime, the children are being held as a group, inside a coliseum.

In an interview with CBS’s “The Early Show” one of the men from the polygamist sect, known only as “Rulan”, stated that the men would cooperate with DNA testing if it will help them get their children back. He also stated that the sect would reconsider allowing sex with girls under 18.

Many of us perhaps were not even aware of such a law. And we do reconsider, yes. We teach our children to abide the law.

Prosecutors claim that simply living in the compound exposes the girls to sexual abuse, or the imminent risk of abuse, due to the practice of forcing girls as young as 13 to marry men sometimes old enough to be their grandfathers or great-grandfathers. There is a pecking order among the men, just as there is among the women, and even elderly men can request that a young girl be “assigned” to them as an additional wife. The purpose of this, insofar as their religious belief, is so that the man can produce as many “superior souls” as possible. Once that man dies – or if he no longer wants the wife, or if a man higher in the patriarchy decides he wants that man’s wife – his wives and children are assigned to other men; the women have no say with regard to which man they are assigned as a wife.

Once the DNA sampling is completed, which is expected to take several days, the children will be placed in foster care, and the children younger than four – who up to this point have stayed with their mothers – will be taken away as well.

Psychologists, however, warn that placing the children in conventional foster homes can cause severe psychological damage due to overexposure; these children have lived in such a strict community that even being allowed to play with mainstream children could cause serious problems. State workers have said that they will try to keep siblings together, and keep the children in groups. For the sake of the children, they will also need to create an environment with little to no contact with the outside world, which means no television, computers, or other media. It is unclear how the children will be educated, given that sending them to public school could prove to cause lifelong emotional and psychological scars.

Furthermore, another barrier stands in the way, which is that FLDS children have been taught from the earliest age that even mere disobedience to one’s parents leads to eternal damnation, and that the world outside the compound is evil. Obviously, these children are suffering both emotionally and psychologically, not just from being separated from their parents and community, but because they fear damnation for merely being taken by the state into the outside world.

I know some foster families, but I cannot imagine changing their entire household to accommodate restrictions that severe. I fear most foster parents will not even try, thinking it is best for the children to be exposed to the outside world. I therefore fear for those children, because I honestly think the psychologists’ warnings are to be taken seriously. We’re living in the 21st Century, while those children for all intents and purposes have never known anything beyond the 19th Century, since most have never even been off the compound before now. Experiencing a typical home today would be something akin to a time machine for them, and could even alter the religious beliefs they have been taught. The state, however, has absolutely no right whatsoever to expose those children to anything which might alter the beliefs their parents hold as truth; and to do otherwise is a violation of the First Amendment.

This is a very serious problem in this situation, and personally, I think this is such an extreme case – since the state has essentially denied their religious rights as well as the right to be secure in their homes – that the Supreme Court needs to step in and make sure the constitutional rights of the children and their parents are protected, before irreparable damage is done. It may already be too late.

Rozita SwinsonIn the meantime, police have identified a 33-year-old Colorado Springs woman, Rozita Swinton, as a “person of interest” and the possible source of the phone calls which caused this situation. Swinton is currently in police custody, charged with false reporting to authorities in another, unrelated case. There has been no explanation regarding why she would make phone calls of that nature regarding this particular religious sect, as it appears that she has no ties to the group.

We should all watch this case very, very closely. What the state is doing in the YFZ case could happen to any of us, based upon a hoax call. Child Protective Services nationwide is renowned for removing children from homes on the flimsiest of evidence, while leaving children actually at risk (and sometimes obviously being abused) in the home with their abusers. The truth of the matter is that religions such as the Primitive Baptists are equally strict with their children, and the women are completely subservient to their husbands (in fact, Primitive Baptist women look very much like the FLDS women), both of which could also be misinterpreted as abuse by overzealous social workers. One attorney stated that none of the parents had ever even received a copy of the original petition for removal of the children, yet were expected to appear in court 14 days later in order to present their case to have their children returned; one mother said that removing the children from their home and community was the worst abuse the children had ever experienced, and she may very well be correct.

On the other hand, you have the question of indoctrination into a patriarchal society, where young girls are taught from a very early age to be completely subservient to men. They are then married off as young as 13 years old, with no choice in who they marry and possibly even without warning. Many boys are driven off the compound at a very young age, to eliminate competition for the young girls’ affection. It is a strange society by our standards, to be sure, and we as a society do have a responsibility to help those children.

The question is, how do we help them, while ensuring the protection of their constitutional rights, as well as the constitutional rights of the parents? Is government intervention the best decision? I’m not altogether sure that it is, unless abuse can be proven. However, abuse is defined based upon the norms of society – for example, spanking is legally defined as abuse in some countries, but here parents can spank their children and a spanking in and of itself is not considered abusive – and it is indisputable that such sects have their own society, quite apart from our own; what is defined as abuse in our society is obviously not viewed as abuse in theirs, and is instead the norm. We are also not on a moral high ground with regard to pregnant teenagers, since we see that all the time in our own society, and many teen mothers in our society were impregnated at an even younger age.

This is an extremely complex question, with no easy answers to be found. However, one thing is clear, and that is that the FLDS sects have the same constitutional rights as you or I, and those rights must be protected above anything else. At this point, I do not believe the state had any cause whatsoever to remove the young children, and I fear that doing so has violated their constitutional rights, as well as the constitutional rights of the parents. If the state’s concern is sexual abuse of teen girls as stated, they may have probable cause to remove the teens for their own protection, but not to remove the younger children. I have seen and heard nothing which would suggest that children under the age of ten are in imminent danger of abuse, except the state’s assertion that, according to their religion, they may be “spiritually married” at any age. I therefore suspect the state is trying to enforce its own standards and morality upon a religion which has existed and been practiced the same way for hundreds of years.

My biggest concern is that this is nothing more or less than religious persecution. Religious persecution absolutely cannot be tolerated in our country, so there needs to be oversight at the federal level, to ensure the rights of all the sect members are protected.

Judges Gone Wild: “Learn English or go to jail”

In Courts and Justice System, Crime, Law, People in the news on April 1, 2008 at 10:11 pm

A judge known for creative sentencing, often ordering defendants to get a job or finish school, has taken his outside-the-box sentencing to another level.

A judge known for creative sentencing has ordered three Spanish-speaking men to learn English or go to jail.

The men, who faced prison for criminal conspiracy to commit robbery, can remain on parole if they learn to read and write English, earn their GEDs and get full-time jobs, Luzerne County Judge Peter Paul Olszewski Jr. said.

The men, Luis Reyes, Ricardo Dominguez and Rafael Guzman-Mateo, plus a fourth defendant, Kelvin Reyes-Rosario, all needed translators when they pleaded guilty Tuesday.

“Do you think we are going to supply you with a translator all of your life?” the judge asked them.

The four, ranging in age from 17 to 22, were in a group that police said accosted two men on a street in May. The two said they were asked if they had marijuana, told to empty their pockets, struck on the head, threatened with a gun and told to stay off the block.

I’m guessing the victims of this violent assault are none too happy with this development.

You can read the rest of this article here.

“Girls Gone Wild” founder victimized by “Judge Gone Wild”

In Celebrities, Censorship, Corruption, Courts and Justice System, Crazy Claims, Crime, Entertainment, First Amendment, Fraud, Law, Lies and the lying liars who tell them, Media, People in the news, Police State, Politics, Protest, Shine on you crazy diamond, Taxation on March 16, 2008 at 7:07 pm

Joe Francis / Girls Gone WildI am not a fan of “Girls Gone Wild”. In fact, I almost vomit every night when I’m trying to watch South Park and Reno 911, since that’s when most of those commercials seem to air.

The latest is “The Wildest Bar In America”, and the commercial shows young women engaged in sex acts with one another, in public. If you purchase that one with a credit card (so they can automatically send you more in the future), you get “Finally 18” for free. The voiceover for the latter video says, “These girls have been waiting for their chance to go wild!”

I’m sorry, but after seeing that commercial – which shows young women masturbating on camera – I’d guess they went wild long before their 18th birthday.

The thought which always occurs to me when I see those commercials is, I’m glad it’s not my daughter. I’m glad I don’t even have a daughter, because then I don’t have to worry about her getting sauced on Spring Break then going wild on camera. I cannot even imagine the horror of parents across this country when they realize their daughter has appeared in “Girls Gone Wild”, and especially the parents of those girls who actually appear in the commercials.

However, as much as I hate “Girls Gone Wild”, I feel that I must speak out against what happened to the man behind the videos.

Joe Francis, the founder of “Girls Gone Wild”, has been in jail for the last year, and could not even post bail to get out. It all started when some parents accused him of filming their underage daughters. Francis claimed they had identification, so he had no way of knowing they were underage and thus he had done nothing wrong. I believe him. After all, he has filmed literally thousands of young women, has made untold millions from doing so, and I find it very hard to believe that he doesn’t check identification. In fact, Francis apparently takes a lawyer with him, to make sure he doesn’t do anything to get himself into trouble. The attorney checks IDs, and has the girls agree to participate both on video and in writing. The video statement is made so that no one can claim they were too drunk or otherwise unable to give consent. Joe Francis is much smarter than people expect him to be.

At any rate, Francis refused to negotiate in a civil suit brought by the parents of those girls, and he was thrown in jail for it.

When I first heard this I thought, surely that’s not the real reason he’s in jail. After all, it was a civil suit, not criminal charges. However, sure enough, that’s exactly why he was in jail.

Then while he was in jail for not negotiating with parents trying to shake him down for a civil suit (let’s be honest, once again, in saying that the “Girls Gone Wild” had actually gone wild long before they ever met Joe Francis) the IRS came a-knockin’. It appears that they claim Joe owes millions in unpaid taxes.

I’d hate to be Joe Francis, with all those problems.

This past week, he was finally released from jail after serving 11 months with no bail on the civil contempt charge (though the tax evasion charges are still pending, and he will go to trial on those charges at a later date) and faced a judge in Florida on criminal charges of child abuse and prostitution, related to filming the underage girls (for criminal charges, all that matters is that they were factually under 18). He struck a misdemeanor no contest plea, the judge gave him time served, no probation, no fine, he’s free to go. The only condition was that “Girls Gone Wild” not film there again for three years. That shouldn’t be a problem, given that girls are going wild all over this great nation of ours.

The problem I see with this, putting aside my personal feelings about his line of business, is that the man should never have been in jail over a civil suit in the first place. Here’s the basic scenario: he got sued by angry parents whose daughters used fake IDS to claim they were of legal age, the judge told the parties to work out a settlement, he didn’t want to work out a settlement because he thought he’d done nothing wrong since he was actually the one defrauded, so the judge threw him in jail for civil contempt. Personally, I think the judge showed his personal bias in the case, by throwing a man in jail simply because he preferred for a jury decide if he had done anything wrong. I think Francis is right, and I seriously doubt a civil jury would find against him, given all the safeguards he had taken against filming underage girls.

The problem with this is that, at the time he was originally incarcerated, no jury had ever determined that he had done anything wrong, civilly or criminally, and the criminal charges against him were not even close to being capital crimes, so he was entitled to bail. Frankly, I get the impression that they just didn’t want him in their area, documenting the fact that their little girls are going wild.. Maybe one of the girls who went wild is the niece of a friend of a friend of the judge, who knows.

Overall, while I am definitely not a fan of “Girls Gone Wild”, I am a fan of the Constitution, and under the Constitution, what happened to Joe Francis should never happen to anyone.

Lawyers Gone Wild

In Corruption, Fraud on June 25, 2007 at 9:01 pm

Perry WhatleyFrom The Houston Chronicle:

Perry ”Bit” Whatley, 84, a former Baytown refinery worker and lifelong Texan, spent his final days in self-imposed exile, a fugitive from a more than two-year-old fight with the state probate courts.

Whatley was living in Arizona when he died, but it was not where he wanted to be, away from his home, cut off from his family and his $2 million fortune.

It was an unlikely, but perhaps unavoidable, end for the retired machinist, a frugal man who had wisely invested his savings in Humble Oil, which became Exxon, then Exxon Mobil. The investment made him a millionaire nearly twice over, and yet for 20 years after his retirement he lived a simple life in a simple Baytown bungalow until last summer, when he fled the jurisdiction of Harris County Probate Court.

Whatley died Feb. 14 in a rental home in Tempe in the company of his longtime caregiver, Dawn Johnson Whatley, 63, whom he married in a bedside ceremony in January 2005. His wife was his sole heir.

The Whatleys, both seniors with serious health problems, abandoned their own home and went into hiding together last summer. They left to avoid a hearing and, later, orders issued by Probate Judge Mike Wood that declared Whatley incapacitated, took away control of his assets and could have forced him into a nursing home.

Perry Whatley’s sad saga started out as a dispute between his niece and his new wife, two people who professed devotion to him and who also sought control over his fortune, his health care and his basic life decisions.

But the fight, taken to court in April 2005 by Whatley’s niece, morphed quickly into a twisted legal free-for-all and a near-infamous example for critics who claim Texas probate courts have run amok. It also underscores how worries over a loved one — seemingly simple at first — can escalate into a costly and chaotic legal conflict.

It took decades for Whatley to make his money.

In less than two years, nearly $1.5 million has been spent on legal bills and court-authorized expenses for his probate case and related litigation, based on case documents.

And though Whatley is gone, the fight over what remains of his money is far from over.

Read the rest of this disturbing story at The Houston Chronicle.