Trial is set for November 10th. This places the trial probably after rulings on YFZ evidence and quite probably after a decision is made on Allen Steed's claim that Elissa didn't report her "rape" in a timely fashion. (Since Allen's date is now set for December 3rd, I smell another delay.)
I continue to think that her attorney plays this so that no one looks bad, if she's simply turned loose with some sort of deferred prosecution. What Rozita did is not that bad (in terms of legal classification) but Texas refuses to prosecute her for her false reporting there, and mostly likely will not. Colorado doesn't know that though, and doesn't want to be shown as letting her off easy. David Foley, her attorney, knows that if all the FLDS cases are progressing without impediment, he can probably just get her turned loose.
I continue to think that her attorney plays this so that no one looks bad, if she's simply turned loose with some sort of deferred prosecution. What Rozita did is not that bad (in terms of legal classification) but Texas refuses to prosecute her for her false reporting there, and mostly likely will not. Colorado doesn't know that though, and doesn't want to be shown as letting her off easy. David Foley, her attorney, knows that if all the FLDS cases are progressing without impediment, he can probably just get her turned loose.
The San Angelo Standard-Times -I have included a trial schedule update to show how Rozita's trial coincides with that of the FLDS defendants. As you can see, Rozita has a pre-trial conference scheduled two days after it should be known, at the latest, how Walther will rule on inclusion of the YFZ evidence. Rozita's trial is sandwiched in between Raymond's and Allan's.
Following is the schedule for trials:
* Raymond Merril Jessop, Oct. 26, sexual abuse of a child.
* Allan Eugene Keate, Dec. 7, sexual abuse of a child.
* Michael Emack, Jan. 25, 2010, sexual abuse of a child.
* Merrill Leroy Jessop, March 8, 2010, sexual abuse of a child and bigamy.
* Lehi Barlow Jeffs, April 26, 2010, sexual abuse of a child and bigamy.
* Abram Harker Jeffs, June 7, 2010, sexual abuse of a child and bigamy.
* Keith William Dutson, July 26, 2010, sexual abuse of a child.
* Wendell Loy Nielson, Sept. 7, 2010, three counts of bigamy.
* Frederick Merril Jessop, Oct. 11, 2010, conducting an unlawful marriage ceremony involving a minor.
* Leroy Johnson Steed, Dec. 6, 2010, first-degree felony sexual assault of a child, second-degree felony bigamy, third-degree felony bigamy and third-degree felony tampering with physical evidence.
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2 comments:
Pharisee that would be dismissal from her Colorado charges and completion of her prior 'plea' bargained probation. So she isn't charged for anything in Texas? Is this a cover up, miscarriage of Justice or was she not guilty enough to even bring to trial?
We know you don't believe in bigamy laws, parental consent to wed a minor or statutory rape felony(s) but not bringing a false report misdemeanor charge is outrageous!
If you're going to be simplistic, I can't help you Jam, you did not construct an argument.
The contortions of Rozita's attorney, and therefore her, and whomever is helping her with her pricey legal help speak to something that needs to be concealed.
It took less time to "get" Bernie Madoff than it has taken to get Rozita to trial for a false reporting charge in Colorado. David Foley has spread the rumor that she's going to be plea bargained out of her charge to anyone who would listen, who have then gone and dutifully reported it as real news.
How do you plea bargain out of the lowest form of misdemeanor?
Answer? You cannot. It can only be dismissed, tried and acquitted, or tried and guilt established.
Rozita has already plead guilty to false reporting in Douglas County, receiving a deferred sentence in exchange for that guilty plea. She got out of whatever minimum jail sentence she would have received that way. This is an established fact.
She had a probation hearing on August 20th with regard to her probation violation in Douglas County, and she seems to have had that deferred so as to await the outcome of her trial.
In short, if Rozita does not get acquitted of her charge in El Paso county, she is sentenced for that, she gets the deferred sentence imposed in Douglas county, and she probably goes to jail.
If she goes to trial, she goes on the witness stand. Something clearly SOME people wish to avoid. She could be asked if she has made "other calls" under oath as corroborating evidence for her complicity in El Paso county.
If the Jury knows, in short, that she made the calls to YFZ, or if that evidence is presented, she is perhaps more likely to be convicted of her charge in El Paso.
It would seem no one on Rozita's side, which oddly, seems to include Texas, wants this to happen.
As to my positions?
What the FLDS did, (assuming the evidence itself is not false) is and was illegal.
Had that evidence been obtained by legal methods, something that is still to be determined, their gooses would be pretty much cooked.
I have stated on MORE than one occasion that I believe the FLDS should obey the laws of this country insofar as it is possible for them to do so.
Do I think they did the things they are alleged to have done? You betcha.
Should they be convicted if the evidence is legitimately obtained? Excellent question. You should look into Jury Nullification. Which leads to my next point.
I do not believe in statutory rape. I believe in rape pure and simple. I would make no laws regarding statutory rape.
I personally believe that no one may have MY daughter(s) unless I give them. That takes care of the need for statutory rape laws. I realize society may not share this point of view.
Bigamy? It is essentially in it's most common use, a term to cover the illegal conditions of registering more than one wife at a time or one husband at a time. So no, I don't believe there should be bigamy laws and they are easily defeated, just don't marry formally.
Finally, the misdemeanor charge is but a precursor. It should be some form of felony endangerment. Charge her, convict her of the misdemeanor, and try her for 600-700 cases of attempted murder by proxy.
After all, isn't that fair since Warren was convicted of "rape by proxy" for teaching and upholding (but not actually forcing) what he believed in?
Am I going to be arrested now because I think it should be legal for me to give a 14 year old daughter of mine in marriage to an older man? I do believe I should be able to. Does that make ME a rapist because I believe it should not be illegal?
Consensual sex between Allen Steed and Elissa Wall was not a crime in Utah. What Warren encouraged was participation in a consensual act, from the point of view of the law.
What Elissa said occurred, was Allen had sex with her on several occasions, when she didn't want to.
And there you have it.
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