The kids will stay put pending genetic testing to determine which child belongs to which parents, and pending further investigation of allegations of abuse. Individual hearings will be held for all children by June 5th. More here.
The judge in the polygamy sect child abuse custody hearing is going to have to get a much tighter grip on her courtroom in a hurry. Due to the sheer number of parties, attorneys and children and the novelty of some of the issues, the first day of the hearings was a circus:
SAN ANGELO, Texas (AP) - A court hearing to decide the fate of the 416 children swept up in a raid on a West Texas polygamist sect descended into farce Thursday, with hundreds of lawyers in two packed buildings shouting objections and the judge struggling to maintain order.
The case - clearly one of the biggest, most convoluted child-custody hearings in U.S. history - presented an extraordinary spectacle: big-city lawyers in suits and mothers in 19th-century, pioneer-style dresses, all packed into a courtroom and a nearby auditorium connected by video.
At issue was an attempt by the state of Texas to strip the parents of custody and place the children in foster homes because of evidence they were being physically and sexually abused by the Fundamentalist Church of Jesus Christ of Latter Day Saints, a renegade Mormon splinter group suspected of forcing underage girls into marriage with older men.
As many feared, the proceedings turned into something of a circus - and a painfully slow one.
By late afternoon only two witnesses had testified, and both only to lay the foundation for documents to be admitted. One witness, a state trooper, was cross-examined by dozens of attorneys, each of them asking the same question on behalf of a child or parent.
As the afternoon dragged on, no decisions had been made on the fate of any of the youngsters.
I don't know the reputation of the judge handling the hearings, Barbara Walther, but early reports are that she has her hands full:
Texas District Judge Barbara Walther struggled to keep order as she faced 100 lawyers in her 80-year-old Tom Green County courtroom and several hundred more participating over a grainy video feed from an ornate City Hall auditorium two blocks away.
The hearing disintegrated quickly into a barrage of shouted objections and attempts to file motions, with lawyers for the children objecting to objections made by the parents' attorneys. When the judge sustained an objection to the prolonged questioning of the state trooper, the lawyers cheered.
Upon another objection about the proper admission of medical records of the children, the judge threw up her hands.
"I assume most of you want to make the same objection. Can I have a universal, 'Yes, Judge'?" she said.
In both buildings, the hundreds of lawyers stood and responded in unison: "Yes, Judge."
But she added to the chaos as well.
Walther refused to put medical records and other evidence in electronic form, which could be e-mailed among the lawyers, because it contained personal information. A courier had to run from the courthouse to the auditorium delivering one document at a time.
"We're going to handle this the best we can, one client at a time," Walther said.
Judge Walther is going to have to implement complex litigation procedures, stiffen her spine, and take firm control of her courtroom. An informal, collegial style can works beautifully when one set of parents at at a time is appearing in children's court, but this hearing involving 416 children is a completely different animal.
Oral objections from "hundreds of lawyers" responding in unison is not something any court reporter on earth can accurately transcribe -- at least, not with the names of the attorneys identified. The record wil be a mess. This sort of thing may create multiple procedural grounds for appealing any adverse ruling.
At this point, complexity and confusion work in favor of the polygamist parents. What the children need, however, is a prompt, fair ruling that takes their best interests into account, whether their bests interests are to remain in foster care or to be returned to their parents. Judge Walther is going to need not only a spine of steel, but also the wisdom of Solomon, multiplied by 416.
By the way, I note one oddity in the photographs of the hearing so far. I see lots of mothers in their long skirts, but few men. Is that because reporters are focusing on the mothers for the human interest angle, or are the polygamist parents keeping most of the men who perpetrated the sexual abuse on children away from court and away from the cameras in order to put the most sympathetic spin on their case?
By DemocracyRules
The MSM has already tried, convicted, hanged, buried, and written the obit for this teacher.
So far, no one even knows what the evidence is, but that doesn't stop the MSM having their way with the story.
MSM Story: [with my comments added]
LIVERMORE -- Police say that Rebecca Rogers, a 24-year-old 8th grade teacher at Our Savior Lutheran School, was arrested on April 17, and is currently is free on bail. [She was arrested but not charged, which means this MSM report should not even imply wrong-doing]. She has been arrested for unlawful contact and communication with a minor for the purpose of engaging in lewd and lascivious behavior, the Livermore police announced Tuesday [But if no charges are laid, then no crime is claimed to have occurred].
Police say school officials told them on April 17 about a possible inappropriate relationship between Rogers and one of her students. [Inadequate evidence has reached the public, and the claims are coming from one student.]
Staff members said they had learned of the possible inappropriate relationship after the student's parent discovered instant messages of a sexual nature sent from Rogers, who lives in San Ramon, to the student. Police said a forensic examination of Rogers' computer revealed she had been extensively communicating with the student via instant messaging. Detectives said they recovered several instant messages of an inappropriate and sexual nature that Rogers had sent to her student. Detectives say they're continuing to review the electronic correspondence recovered from Rogers' computers and cell phone. Police say that if any parents believe that their children may have electronically communicated with Rogers, they should check their computers to determine the nature of the communications. [I think everyone needs to see these communications before making a presumption of guilt. This teacher has impeccable credentials].
Police say that parents who have any questions may contact Lt. Scott Trudeau at (925) 371-4735 [I hope people call this guy and ream him out. He may well say that this news report is full of inaccuracies and distortions, and he will probably be right. But this story should not be permitted to just "hang out there" without some effort at correction of facts.]
"Our concern is if there are additional victims," Trudeau said..
[This implies that there is already one victim, but if so, why have no charges been laid?]
School officials weren't immediately available for comment. Trudeau said he's been told that the school fired Rogers after learning of her arrest. He said this was her first year at the school. Trudeau said police haven't yet turned the case over to the Alameda County District Attorney's office for possible charges against Rogers because they're still completing their investigation. He said the charge Rogers was arrested on is a felony but doesn't allege actual sexual contact between the teacher and a minor. The school's location at 1385 S. Livermore Ave. is only a few blocks away from Livermore police headquarters at 1110 S. Livermore Ave. Copyright 2007 by KTVU.com [These people could benefit from a few emails themselves]
________________________________
Here are some comments from those who know the teacher well:
--As a parent of a student in Ms. Rogers class I am outraged.... One student, a known
trouble maker, with an overzealous, hyper thyroid, “my kid can do no
wrong” mother, reported to the cops rather than talk to the teacher
about what was going on.
--There is nothing that Ms. Rogers put in an AOL instant message that
comes close to any of the internet porn, violent video games or dirty
jokes that this or any other 14 year old boy is exposed to everyday.
This issue was completely mis-handled by parents and police. Guilty
until proven innocent. Charges still have not been filed.
--Ms. Rogers is just very friendly. She never meant anything more than a “friendly student/teacher relationship!”
--Ms. Rogers is an awesome English teacher!
--My daughter was in Ms. Rogers class, she loved her, as did I. I
believe, and have believed from the beginning that Ms. Rogers is
innocent of any wrong doing and that all of this will “just go away”.
The kids in her class loved her.
--Update… I just left the courthouse. I was there (along with a few other
parents)in support of Ms. Rogers as I believe her to be innocent of any
criminal wrong doing. The outcome was that she still was not charged
with a crime; a new court date in May has been set. Hopefully all
parties involved will realize their error and dismiss this case. Hang
in there Ms. Rogers!
--Hello, my name is C.J. and I was Becca’s boyfriend for almost three
years in college. During the course of our relationship nothing in her
character was exhibited that could be considered “wrong.” She was
funny, incredibly smart, caring, and quite possibly the kindest person
I’ve known. I want it to be known that I, having known her better than
most, do not believe that this situation is a result of depravity. I
think that this was a misunderstanding that was probably blown out of
proportion by overzealous parents and a liberal media.
http://www.rightpundits.com is closely following this story.
Originally published on March 15, 2007: A Confession From Khalid Sheikh Mohammed -- Sept. 11 "Mastermind" and Murderous Moral Idiot
A Confession From Khalid Sheikh Mohammed -- Sept. 11 "Mastermind" and Murderous Moral Idiot
Khalid Sheikh Mohammed, who is being held at Guantanamo as an enemy combatant, has admitted to planning the 9/11 attack and planning or assisting a total of over 30 attacks.
Khalid Sheikh Mohammed, the suspected mastermind of the Sept. 11 attacks, confessed to that attack and a chilling string of other terror plots during a military hearing at Guantanamo Bay, Cuba, according to a transcript released Wednesday by the Pentagon.
Lawsuit Inc.: Should state Attorneys General be able to outsource their legal work to for-profit tort lawyers, who then funnel a share of their winnings back to the AGs?
Originally published on February 23, 2007
Suzanne Fields has an interesting article at RealClearPolitics with some more "inconvenient truths" for Al Gore and environmentalists generally -- some that I had not heard before.
Did you know that environmentalist objections to DDT, asbestos, and large steel and concrete "sea gates" have each ended up taking a human toll?:
But when politics, fashion and entertainment fuse with scientific "factoids," truth drowns in a flood of misinformation. In his new book, "Eco-Freaks," John Berlau, a policy director at the Competitive Enterprise Institute, a think tank devoted to environmental policies, catalogs the tragic mistakes imposed on the rest of us by the environmentally correct. After Rachel Carson published "Silent Spring," DDT was banned nearly everywhere. Most of her "evidence" later turned out to be all wrong, but 2 million poor Africans die every year of malaria that DDT was on the way to eradicating. Al Gore, of course, blames global warming.
Asbestos, like DDT, gets a bad rap in the popular media, but nothing else comes close as a shield against heat. The original plans for the World Trade Center called for the interior steel in both towers to be covered with asbestos-based fireproofing material. Asbestos was eliminated when environmentalists objected. Engineers think the twin towers might be standing today but for the politically correct construction. Asbestos would have at least slowed the spread of the fire and the melting of the metal, giving hundreds of those who perished a chance to escape.
Continue reading "One Year Ago on GINA COBB: The Deadly Human Cost of Environmentalist Overkill" »
From Bloomberg:
Duke University will be sued by 38 members of the 2006 men's lacrosse team who claim they suffered emotional distress when school officials failed to support them during a rape investigation, a spokesman for the players said.
The new Duke Lawsuit website is here.
Continue reading "Duke LaCrosse Players Sue Duke University" »
Noteworthy: Columbia U. Noose Professor Sanctioned for Fraud
More fun, fun, fun in Britain's nationalized health care system -- you know, the same kind of system that Democrats want to bring to America.
Incredible as it may seem, many patients in Brtain are denied life-saving treatments because the nationalized health care system just can't afford it. For patients who are denied treatment, what options are left? They can try to pay for some treatment themselves, but the government health care system may also slap them down for it. From the New York Times:
Continue reading "The Utopia of Nationalized Healthcare in Britain" »
Noteworthy: A big, big fall for a plaintiffs' class-action lawyer who was once seemingly unstoppable.
Continue reading "Leading Class Action Lawyer Sentenced to Two Years in Prison" »
Could you start out homeless with $25 in your pocket and build a decent life for yourself -- an apartment, a car, and some savings -- in less than a year?
(Via Conservative Grapevine)
When what you're doing isn't working, try something different.
As the latest shooting at Northern Illinois University demonstrates, declaring college campuses and schools "gun-free zones" doesn't prevent mass shootings. Police simply can't get to the scene of shootings fast enough to prevent the taking of several lives by a quick, determined attacker.
More and more people are asking the question: Is it time to try something completely different, like allowing students and faculty to carry concealed weapons on campus?
Continue reading "Another School Shooting? Time to Try Something Different" »
Four little words from Instapundit that are enough to make anyone shudder:
JUSTICE William Jefferson Clinton.
<shudder>
From Douglas W. Kmiec at OpinionJournal:
Hillary Clinton's commanding lead in the polls has diminished, and with Oprah Winfrey stumping for Barack Obama, she's called increasingly on the "star power" of husband Bill. But the ubiquitous presence of the former president on the campaign prompts a question: What will Hillary do with Bill if she is elected?
. . . . In short, a seat on the Supreme Court solves Sen. Clinton's dilemma of what to do with her husband if she becomes president. It keeps Bill formally out of the White House and structurally out of the executive branch. And lest that dampen Mr. Clinton's interest, he might be reassured by Taft's practice of continuing to advise the president on the substance of legislation and to lobby to sustain various presidential vetoes.
. . . . How much more opportunity would be knocking for a Justice Clinton with an Iraq-induced, Democrat-controlled Congress? There's no need to take this comparison further at this point. Former President Clinton will no doubt guffaw at the possibility of judicial service, but then, hasn't he already stated, "I will serve in whatever capacity she deems most appropriate"?
Yes, Bill Clinton was disbarred from the U.S. Supreme Court, but does anyone think that would stop Hillary Clinton from appointing him to a seat of honor on that same court? Of course not. In the minds of the Clintons, it would almost compel it.
America needs to seriously reconsider its hate crime laws, now that every foolish prank seems to requires an FBI investigation.
A hanging toy monkey! A hanging box of cracker jacks! CALL IN THE F.B.I. !
From KSDK.com:
The FBI on Wednesday began an investigation into a racially charged situation at a St. Louis firehouse.
Meanwhile, the Firefighters' Institute for Racial Equality, a predominately African-American group of firefighters, held a news conference to weigh in on the incident.
The center of controversy is a stuffed animal monkey.
Officials said some firefighters found it a couple of weeks ago at a fire scene, but it ended up hanging by its neck in the firehouse and investigators want to know why.
A firefighter found the monkey Saturday, apparently hanging in a common area of Fire Station 13, suspended by a strap that would normally be used to hold patients on a gurney.
The firefighter called FIRE, who came and took pictures of the scene.
NewsChannel 5 is not showing the pictures because of their potential inflammatory nature.
St. Louis officials took quick action and called in the FBI. Investigators began interviewing witnesses on Wednesday.
Still, FIRE hopes someone will be held accountable.
"The fact that the noose was black and that a children's toy was used does not soften the blow nor weaken the message of this terrible act of hate," said FIRE vice-chairman Abram Pruitt.
St. Louis Director of Public Safety Charles Bryson said the city wanted a "full-fledged investigation by a reputable entity."
"There are few as reputable as the FBI. We want to take this matter extremely seriously and follow it where it leads," he said.
But wait! There's more! Someone hung up a box of cracker jacks too! From KMOV:
(KMOV) - News 4 has confirmed that another racial incident is under investigation at a St. Louis firehouse.
Wednesday evening F.I.R.E Vice Chair Wayne Luster and fire department spokesperson Kim Bacon told News 4 the incident is now under investigation in the city fire department.
The city fire department tells News 4 that this case is going straight to the FBI.
This is the second case turned over to the FBI this week.
According to Luster the incident occurred Wednesday evening at Firehouse #1 at South Jefferson and Pestalozzi on the city's south side.
Luster tells News 4 that a black fire fighter was called into the firehouse kitchen by a white fireman, and was shown a box of crackers tied around with a noose.
We are beginning to look as silly as Sudanese who can't handle a teddy bear.
In America, we pride ourselves that we no longer punish, torture, or execute people for religiious blasphemy, but let someone so much as utter a racial insult or pull a racial prank, and it's time to call in the Inquisition!
In this age of global Islamic terror, in which hundreds of innocent men, women and children are slaughtered by terrorists every week, does the FBI have nothing better to do than to try to figure out which fireman played the prank this time? Are there no unsolved murders the FBI could be investigating?
This kind of frivolous use of our law enforcement resources will bankrupt us and leave America wide open to deadly attack.
__________________________
Update: Reports vary. Some early reports say the second item found hanging was a box of crackers. Others say cracker jacks. Either way, the FBI is on it!
Whaddya know? The Colorado church shooting was stopped by an armed female church security officer, who killed the gunman:
A gunman in a black trench coat and a high-powered rifle entered the church’s main foyer shortly after 1 p.m. and began shooting, Myers said.
The church’s 11 a.m. service had recently ended, and hundreds of people were milling about when the gunman opened fire. Nearby were parents picking up their children from the nursery.
Police arrived to find the gunman had been killed by a member of the church’s armed security staff, Myers said.
This pretty much explains why I'm not as much of a pacifist as I used to be.
Another explanation for my move away from the pacifism of my youth is my practical experience as a litigation attorney. I've noticed that the other side in a lawsuit never seems to be reasonable, no matter how nicely I treat them, until after they've suffered a few losses in court.
Funny how that works!
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