Thursday, May 29, 2008

Texas, CPS, FLDS and the Pseudo-Adversarial Process

Q. What do you call a lawyer with an IQ of 60? A. Your Honor.

It took a very embarrassing public spanking from the appeals court to get Her Honor to do her job, if she is doing her job. She will insist upon a full blown adversarial hearing. . .says Her Honor of the cases being heard this past week.

Yet, during this hearing, the origin of the shocking photos of Warren Jeffs kissing a child bride which were admitted into evidence was not divulged. CPS refused to say who took the photos, who possessed the photos, or in any other way treat them according to the rules of evidence.

They had nothing to do with the parents whose hearing they were introduced into. They had absolutely no probative value for the case being heard. They were intended solely for prejudicial value. This is a typical CPS cheap shot when they have no case. The less intelligent of our society are swayed by such tactics, including certain judges. Critical thinkers are put off when government agencies have to play fast and loose with the law, with the court rules and with the rights of children.

The photos were not authenticated. . .which is required by the rules of evidence. Somehow, that does not jive with the judge's statement. It looks like she is still just posturing. Not only that, but she's allowing CPS to violate a child's confidentiality by releasing the photos while refusing to submit proof that the photos are valid. Form over substance. Doesn't this judge know better? She's been to law school, to judge school. What the heck is going on in her courtroom? In any of the five courtrooms?

Besides, Jeffs has been tried and convicted. Is Texas CPS seeking to punish the entire congregation for Jeffs's crimes by taking the kiddies? If the photos are what CPS says they are, then try Jeffs for those crimes, don't steal the babies from the arms of their mothers.

The fact is, CPS doesn't have the proof it needs to sustain the cases against the parents at the YFZ ranch. But that doesn't matter, they have these dirty pictures of another guy who doesn't live there any more.

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Leave the emotions, propaganda and rhetoric at the door. This blogger is only interested in intelligent, logical, well-thought out, factually based comments which are on-topic, indicating the writer has an open mind and a mature ability to reason.