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Was polygamist raid doomed from start?
The Seattle Times ^ | June 1, 2008 | MICHELLE ROBERTS

Posted on 06/01/2008 9:21:35 AM PDT by Saundra Duffy

SAN ANGELO, Texas — For nearly two months, Texas child-welfare officials had insisted conditions at a polygamist group's ranch were so abusive that none of its members should be allowed to keep their children. Now, some are looking for what went wrong when the state raided the Yearning For Zion Ranch and removed more than 400 children.

(Excerpt) Read more at seattletimes.nwsource.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: cps; flds; govtabuse; polygamy
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The great State of Texas trampled the Constitution. That was the main thing that went wrong.
1 posted on 06/01/2008 9:21:35 AM PDT by Saundra Duffy
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To: Saundra Duffy

True,the state was wrong-no doubt about it.I do hope that no one thinks that what the sect was doing was right however.


2 posted on 06/01/2008 9:27:12 AM PDT by Farmer Dean (168 grains of instant conflict resolution)
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To: Farmer Dean
Of 31 mothers CPS said were minors, at least half turned out to be adults.

Why would you hope that? Do you really think anyone around here is so stupid as to not recognize what you are easily able to?

It has taken us two months to get folks to admit CPS and the local law enforcement officials could have done anything wrong, and your hope is that something that was accepted as evil on day one will be recognized as wrong.

Just dang fella.

3 posted on 06/01/2008 9:33:35 AM PDT by DoughtyOne (Ooo what's that terrible smell? Oh, I stepped in a big pile of 'lesser of two evils'. Careful...)
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To: Saundra Duffy

I’d bet some of the pedophilia suspected in this community actually occured, but I’d hate to think, if I
lived in a gated community, the authorities could round up all our kids based on less than hard evidence.

Many of these folks may be scumbags, but I’m not willing to throw the constution and our civil rights under the bus.


4 posted on 06/01/2008 9:34:36 AM PDT by umgud
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To: Saundra Duffy
Then there were the abuse allegations, starting with mysterious telephone calls — which appear to have been a hoax — and echoed by disgruntled former members, seemingly accepted at face value.

Sheriff David Doran cultivated a confidential informant to monitor the group's activities, and former FLDS members recounted abuse and forced marriages to anyone who would listen.

Investigators "listened to a lot of misinformation and allowed themselves to be kind of captivated by these anti-FLDS people," FLDS spokesman Rod Parker said.

When someone purporting to be a pregnant 16-year-old called a domestic-abuse hotline claiming her middle-age husband beat her, authorities went in with CPS workers April 3.
But the calls may have been a hoax.


Every child child was taken from the farm.  Even adults were taken away with them, by accident.  Those farm members were turned every which way but loose, and two months later the authorities want us to believe the supposed calls from a sixteen year old girl, are only a possible hoax.

There was more than one hoax perpitrated here, and I hope heads roll for it.

5 posted on 06/01/2008 9:40:28 AM PDT by DoughtyOne (Ooo what's that terrible smell? Oh, I stepped in a big pile of 'lesser of two evils'. Careful...)
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To: DoughtyOne

Well dang indeed!So half were MINORS.THAT’S JUST WRONG!Get those polygamists in jail already(the men that is).Everyone else involved is a victum of these perverts.


6 posted on 06/01/2008 9:41:26 AM PDT by Farmer Dean (168 grains of instant conflict resolution)
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To: Farmer Dean

I doubt anyone here on FR necessarily thinks what the sect was doing was ok. Most comments I’ve seen have been regarding the trampling of rights.

The state assumed the guilt of the adults of the sect.


7 posted on 06/01/2008 9:52:20 AM PDT by kenth (Just think, .000001783% of the population is screwing it all up for the rest of us.)
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To: Saundra Duffy

Are there any steps the state should take to protect the children or do all allegations have to rise to the level of “guilty without reasonable doubt” before the state can intervene?


8 posted on 06/01/2008 9:55:52 AM PDT by Raycpa
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To: Saundra Duffy

“We had no choice but to treat those calls as credible. If we had not treated them as credible and something bad happened, people would be very upset,” . . . .
Overstepping by a state agency did happen and people are upset.
Why were telephone calls treated as credible without more proof than a telephone call.


9 posted on 06/01/2008 9:58:13 AM PDT by em2vn
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To: DoughtyOne
Even adults were taken away with them, by accident.

By accident? My hairy purple donkey.

The adults were deliberately kidnapped, and I hope CPS and Texas LE pays for that with long prison terms.

10 posted on 06/01/2008 10:09:25 AM PDT by CurlyDave
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To: Raycpa

There should be real evidence of a crime regarding each child taken away. They cannot extrapolate from a small number of girls to dozens of families and hundreds of people.


11 posted on 06/01/2008 10:23:01 AM PDT by buck jarret
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To: Saundra Duffy

At least it was not burned to the ground with many children and agents killed. So it wasn’t a total bungled job!


12 posted on 06/01/2008 10:26:14 AM PDT by ImpBill (Hi, My name is Greg and I am a recovering "R"epublican! And I have recovered into a "r"epublican.)
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To: buck jarret
There should be real evidence

Please define "real evidence". Must it be absolute? Further, assuming we are not removing the children from their homes, is there no other intervention appropriate or is the only level of intervention a choice between complete removal or complete acceptance of the status quo?

13 posted on 06/01/2008 10:37:18 AM PDT by Raycpa
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To: Raycpa
Please define "real evidence". Must it be absolute?

No but it must meet certain requirements which it did not.

"We had no choice but to treat those calls as credible. If we had not treated them as credible and something bad happened, people would be very upset," said Tela Mange, a spokeswoman for the Department of Public Safety, which is investigating possible sex abuse at the ranch in addition to the origin of the hotline calls.

BS. They knew the calls were from out of state. DPS looked for Rozita Swinton of Colorado Springs as a "person of interest." How did they know to look in Colorado Springs and for a specific person? DPS nor CPS were the ones getting the call. The calls were going to the volunteer org at San Angelo, Texas. DPS went on third party info. The info was not qualified to support a warrant as the reporting party was the volunteer org that was obviously not the owners of the church property. The "implied consent" for LEO's to search a property when receiving calls for help is derived by the circumstance that the call came from a owner, tenant or resident of the property and must be placed to a LEO facility.

A 16-year-old girl called a domestic violence shelter hotline and claimed that she had been beaten, was pregnant and had already had a child. It was that phone call that led a Texas judge to order the removal of all 416 children from the YFZ Ranch on allegations that they were at risk for abuse.

The girl named a "Dale Barlow" as her husband, putting scrutiny on an FLDS member in Colorado City, Ariz., who had already been convicted in connection with a child-bride marriage. Texas Rangers came to Utah to question Barlow, but left without arresting him.

Right there they should have known to be VERY careful because the story did not add up from the very begining. Two minutes after LEO's had the name "Dale Barlow" they would have run it through NCIC Database and got the match... in Arizona.

NCIC is a computerized index of criminal justice information (i.e.- criminal record history information, fugitives, stolen properties, missing persons). It is available to Federal, state, and local law enforcement and other criminal justice agencies and is operational 24 hours a day, 365 days a year.

To proceed with a raid that detained over 400 people with a total of only five days investigation that could only point to the calls being bogus and knowing the named suspect was not at the church facilities but two states away is totally negligent.

14 posted on 06/01/2008 10:59:53 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Farmer Dean

“I do hope that no one thinks that what the sect was doing was right however.”

The raid was the result of a hoax call; therefore, the “victim of abuse” did not exist and the man she accused wasn’t even there. So the authorities really don’t know “what the sect was doing”. They imagine they think they know what the people are doing. This is so sick and out of control. I just feel sorry for the children, rounded up at gunpoint, dumped in a coliseum (a coliseum!!) and then dumped in foster homes all over the state of TX. The kids are being punished for the alleged sins of their parents. The children are also being punished by a state of power-hungry bureaucrats who want their 15 minutes of fame.

Governor Perry’s hopes and dreams for a bright future are OVER FOR GOOD! He let this outrageous miscarriage of justice take place right under his nose and with his blessing.

Same goes for Gov. Crist. He and his cronies stood around twiddling their thumbs while Terri Schiavo was dehydrated and starved to death, making a mockery out of common sense and justice.


15 posted on 06/01/2008 11:02:43 AM PDT by Saundra Duffy (For victory & freedom!!!)
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To: DoughtyOne
The authorities used “child abuse” allegations against the Branch Davidians as an excuse to torture and abuse that sect, too. At least the FLDS children didn't get burned to death while the whole world watched in horror. But the FLDS kids will suffer from PTSD for the rest of their lives. Furthermore, just like the Branch Davidians, their worst fears were realized.

People around the world have been treated to a humiliating, disgusting spectacle of a country willing to stomp on its own Constitution, the Constitution that we tried to get other countries to emulate. We are a laughing stock.

16 posted on 06/01/2008 11:09:50 AM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Raycpa

Children who claim that they were abused, or a witness saw the abuse in progress, or a witness saw signs of suspicious injury. I don’t know what possible forms of intervention there are in Texas. Here in NY, I believe they can send in social workers without removing the kids.


17 posted on 06/01/2008 11:10:20 AM PDT by buck jarret
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To: Farmer Dean

So why didn’t they round up all the men? Why? Because that would have been illegal and hard. Easier to round up a bunch of helpless children and women at gunpoint.


18 posted on 06/01/2008 11:11:24 AM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy

Not just like the Branch Davidians, thank god. How many children burned to death there? Like 20?


19 posted on 06/01/2008 11:11:34 AM PDT by buck jarret
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To: Saundra Duffy
Governor Perry’s hopes and dreams for a bright future are OVER FOR GOOD! He let this outrageous miscarriage of justice take place right under his nose and with his blessing.

Heck, he went around going on the record about how great he thought it was. What a dumbazz!

Gov. Perry praises CPS' handling of polygamist sect cases By BILL HANNA and JOHN MORITZStar-Telegram Staff Writer AUSTIN -- Gov. Rick Perry voiced strong support for Child Protective Services officials Wednesday even as a Hill Country social services official expressed more outrage over the treatment of 464 children removed by the state from a West Texas polygamist compound.

Perry's spokeswoman Krista Piferrer said the governor has full confidence in the agency. The governor praised CPS officials for promising an internal investigation of concerns raised by Hill Country Community Mental Health-Mental Retardation Center officials when the children from the Fundamentalist Church of Jesus Christ of Latter Day Saints were housed at San Angelo shelters.

20 posted on 06/01/2008 11:13:41 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Raycpa

As we “speak”, there are meetings going on to prepare an agreement acceptable to all parties. There was an agreement in place on Friday between the families and CPS but the judge crapped all over it and stormed out. Today they are trying to undo the damage done by the whacked out power-crazed judge whose ruling in the first place was unconstitutional.

How can this get much worse?


21 posted on 06/01/2008 11:14:07 AM PDT by Saundra Duffy (For victory & freedom!!!)
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To: CurlyDave
Long prison terms are what they're facing at a minimum for Violations of Civil Rights Under False Color of Law, a Federal crime.

Kidnapping with weapons are enhancements to those charges specifically mentioned in the Statute which can bring a sentence of life imprisonment.

The CPS and it's 'agents' are also on the line Civilly here. Since they were acting completely outside the law they'll be stripped of their indemnity and all of their personal assets are at risk.

I hope both happen.

L

22 posted on 06/01/2008 11:14:53 AM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR, to get them within throat-cutting range.)
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To: TLI
No but it must meet certain requirements which it did not.

I grant that it did not meet the requirements for removal but the higher courts stated the lower court had other interventions at its disposal.

What level of evidence is needed before this court can impose obligations on the parents during the investigation phase and subsequently and what limit of obligations short of removal is there. For example, can the court require regular medical exams, regular interviews, can it limit the presence of adult males in the household?

23 posted on 06/01/2008 11:17:30 AM PDT by Raycpa
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To: buck jarret

77 folks

21 kids

2 pregnant children

some of the same wild unsubstantiated claims


24 posted on 06/01/2008 11:17:34 AM PDT by wardaddy (Obama?...........you actually deserve to be referred to as "boy")
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To: Saundra Duffy

Is the Judge requiring protections that are unreasonable?

I understand the original ruling did not meet the strict requirements for removal but does that automatically mean that the additional requirements and obligations would be legally acceptable under the statute and supportable by the appeals and SC ?


25 posted on 06/01/2008 11:21:47 AM PDT by Raycpa
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To: Raycpa
What level of evidence is needed before this court can impose obligations on the parents during the investigation phase and subsequently and what limit of obligations short of removal is there.

Oh! Sorry, uhh, what they have right now (practically none) as they can justify very short term obligations regarding travel and allowing CPS visits under the veil of investigating the issue. As for requiring medical exam and interviews, most likely. As for can it limit the presence of adult males in the household, probably not which is what the local Judge is getting puffy about. She wants more restrictions than are required by the State. The State Appeals court ordered the children to be returned to their parents, not their mothers.

The order should be available online, I think someone has already posted a link once but I don't know where.

26 posted on 06/01/2008 11:34:49 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Saundra Duffy

it is not that simple.

I think it really fell apart when it was revealed the authorities had talked to the man listed in the warrent before the raid. It really does make it appear as a pretext which causes a taint on the warrent. It remains to be seen if it is a fatal taint in the yet to be commenced criminal case.


27 posted on 06/01/2008 11:51:30 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Raycpa

The idea of limiting the “presence of adult males” is ridiculous. Where are they supposed to go? Are they guilty because they are men? Should they be asked to cut it off?


28 posted on 06/01/2008 12:51:08 PM PDT by buck jarret
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To: umgud
I’d bet some of the pedophilia suspected in this community actually occured, but I’d hate to think, if I lived in a gated community, the authorities could round up all our kids based on less than hard evidence.

Pedophilia is defined as a sexual attraction to pre-pubescent children. We're talking about 15-16 year olds here.

Wrong? Yup. Illegal? Yupper. But five 15-16 year olds is not the same as the implications of dozens of little kids being raped which as been on the other threads concerning this issue. Heck, I bet we have a higher teen pregnancy rate in our local high school.

(I know you didn't say all that, I just picked your post to rant a bit.) ;-)

29 posted on 06/01/2008 12:58:54 PM PDT by Marie (Why is it that some people believe everything that happens is the will of G-d - except Israel?)
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To: Saundra Duffy
The authorities used “child abuse” allegations against the Branch Davidians as an excuse to torture and abuse that sect, too. At least the FLDS children didn't get burned to death while the whole world watched in horror. But the FLDS kids will suffer from PTSD for the rest of their lives. Furthermore, just like the Branch Davidians, their worst fears were realized.

People around the world have been treated to a humiliating, disgusting spectacle of a country willing to stomp on its own Constitution, the Constitution that we tried to get other countries to emulate. We are a laughing stock.

My memory may be faulty, but I believe the initial raid on the Davidian farm was supported on gun statute violations.  It was after the Davidians exchanged fire with the authorities, that the child abuse charges were pull out of someone's posterior to gain sympathy for the government's side.

Koresh had been selling guns at regional gun shows for years.  One of the Branch Dividians held a valid gun sellers permit.  Koresh had been working with him and was not breaking any laws that I know of.  The governemnt tried to claim he had been altering guns to make them operate in the automatic mode.  I was never confident they actually made the case on that charge.  Some guns were displayed after the burn down, but at that point who could say if the feds were honest and forthright with a straight face?

The local CPS representative stated that she had found no evidence of the children at the Branch Dividian farm being abused.

The local sheriff knew Koresh and the Davidians.  The neighbors and local community had never experienced any problems with the Davidians at all.  Koresh and the men at the farm helped out neighbors as a normal course of their existance.  Those people considered them neighborly.

As for what people around the world think, who could blame them.  I know what I'm thinking.

30 posted on 06/01/2008 12:59:39 PM PDT by DoughtyOne (Ooo what's that terrible smell? Oh, I stepped in a big pile of 'lesser of two evils'. Careful...)
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To: Raycpa
Are there any steps the state should take to protect the children or do all allegations have to rise to the level of “guilty without reasonable doubt” before the state can intervene?

It is my understanding that the state can take the kids as soon as they suspect a problem. They then have 14 days to prove the kids are in danger and that the state should retain custody.

The initial raid wasn't the problem. It was the decision to keep the kids after the two week period which posed the legal problems.

31 posted on 06/01/2008 1:01:38 PM PDT by Marie (Why is it that some people believe everything that happens is the will of G-d - except Israel?)
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To: Saundra Duffy
That was the main thing that went wrong.

No, I think the followers of a fake prophet marrying off little girls to
drooling old holy-joe perverts was the main thing that went wrong.

32 posted on 06/01/2008 1:01:51 PM PDT by humblegunner
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To: Farmer Dean
Get those polygamists in jail already(the men that is)

I keep running across this sentiment and I find it curious.

Unless the men are marrying themselves, it takes two to tango. Why are the men alone being targeted here?

Surely the 'wives' and their parents all know that underage marriage and polygamy is illegal.

At the least, these assorted folks are accessories and conspirators to the crime, but only the men are being targeted.

I find that curious indeed

33 posted on 06/01/2008 1:14:34 PM PDT by HeartlandOfAmerica (Don't blame me - I voted for Fred and am STILL a FredHead!)
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To: Marie
(I know you didn't say all that, I just picked your post to rant a bit.) ;-)

No problemo.

34 posted on 06/01/2008 1:53:50 PM PDT by umgud
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To: HeartlandOfAmerica

If it makes you feel better,then arrest the women too.The children and minors married to these “men” are vitims.Polygamy is a crime in this country last time I checked.


35 posted on 06/01/2008 1:57:39 PM PDT by Farmer Dean (168 grains of instant conflict resolution)
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Comment #36 Removed by Moderator

To: HeartlandOfAmerica

Unless the men are marrying themselves, it takes two to tango. Why are the men alone being targeted here?


Interesting........ I think the mothers are guilty to the extent that they didn’t object or try to stop it. Polygamy may not be provable as I understand it there are only one recognized marriage with the remaining bedding being done under a ‘spiritual marriage’.


37 posted on 06/01/2008 2:45:00 PM PDT by deport ( -- Cue Spooky Music --)
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To: Raycpa; DoughtyOne; Saundra Duffy; Farmer Dean
The Texas level of evidence was "well, we just know there is something bad going on!" I believe the real motivation was the resource rich community, 400 "children" that could be sucked into the CPS system at one swoop, all from a group expected to elicit no support from the fest of the population because of their unapproved religion. As with Waco, many otherwise conservative Americans who seem to be enthusiastically on the side of small government and liberty have limits. They want the government to "clean out" these nests of heretics.Big totalitarian government is regarded as appropriate in these circumstances.
38 posted on 06/01/2008 3:34:19 PM PDT by arthurus
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Comment #39 Removed by Moderator

To: arthurus

Thanks for your comments Arthurus. When the authorities start refering to ‘sects’, ‘compounds’, ‘massive child abuse’, and other vile things, and then there are no arrests, no charges filed, no validation for their actions, you have to just shake your head and say, “Here we go again.”

Public officals had unlawfully abducted about 430 children. Had spread those children out all over Texas. Had refused to allow parental contact to a good many of them. Had forced many of them to have innoculations. Had even gone so far as to begin discussion of liquidating the farm.

Now this.

The idiot judge that signed on to all this, has now made some rather interesting demands as a condition of the return of the children.

All parents and children must attend psychological counseling. Authorities are given the ability to enter the farm and all buildings on a whim.

How is this possible when no charges have been filed, no convictions have been obtained, and only 15 cases out of 430 children are known to have included child abuse. Now all children and parents are demanded to meet certain standards when no violations of law have been proven.

This judge needs to step down. She’s on a power trip that see no bounds.


40 posted on 06/01/2008 4:03:31 PM PDT by DoughtyOne (Ooo what's that terrible smell? Oh, I stepped in a big pile of 'lesser of two evils'. Careful...)
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To: ImpBill
At least it was not burned to the ground with many children and agents killed. So it wasn’t a total bungled job!

In the way of good news here, that one is all we've got.

What a mess regardless, though.

: \

41 posted on 06/01/2008 4:14:00 PM PDT by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: humblegunner
With the numbers on adult women the state took custody of going up and the numbers of pregnant underage teens going down yours is staring to be the wacko post.
42 posted on 06/01/2008 4:18:06 PM PDT by nomorelurker (keep flogging them till morale improves)
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To: nomorelurker
With the numbers on adult women the state took custody of going up and the numbers of pregnant underage teens going down yours is staring to be the wacko post.

The whores & perverts all lie.

Wait for the DNA evidence.

43 posted on 06/01/2008 4:23:03 PM PDT by humblegunner
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To: humblegunner

The numbers do not. DNA has nothing to do with the State seizing adult women as children.


44 posted on 06/01/2008 4:25:25 PM PDT by nomorelurker (keep flogging them till morale improves)
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To: humblegunner
No, I think the followers of a fake prophet marrying off little girls to drooling old holy-joe perverts was the main thing that went wrong.

Only a small minded, short sighted person could come away from this disacter with such a conslusion.

45 posted on 06/01/2008 4:30:10 PM PDT by Balding_Eagle (OVERPRODUCTION......... one of the top five worries for American farmers.)
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To: DoughtyOne

The child abuse at the Branch Davidians certainly was real. Both physical and sexual, and pervasive. Doesn’t justify what happened, of course.


46 posted on 06/01/2008 5:09:49 PM PDT by buck jarret
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To: humblegunner

What happened to the all the “innocent until proven guilty” sentiment that dominated around here after the Duke scandal?


47 posted on 06/01/2008 5:11:23 PM PDT by buck jarret
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To: buck jarret

Please explain the stand of the lead person at the CPS office near the Branch Dividian farm. Do you think folks in that position would cover for the Davidians?


48 posted on 06/01/2008 5:20:17 PM PDT by DoughtyOne (Ooo what's that terrible smell? Oh, I stepped in a big pile of 'lesser of two evils'. Careful...)
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To: AnnaZ
Just proof positive that "government" doesn't do much at all efficiently. We are "we" going to quit turning to "it" to solve "our" problems?

Rhetorical question!

49 posted on 06/01/2008 7:35:40 PM PDT by ImpBill (Hi, My name is Greg and I am a recovering "R"epublican! And I have recovered into a "r"epublican.)
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To: deport
Thanks for posting that article. One statement from the article:

"Authorities now believe the calls may have come from a Colorado Springs, Colo., woman with a history of making false abuse reports."

I am wondering how long it is going to take "authorities" to admit this woman is a liar and mentally ill and the "authorities" fell for it hook line and sinker. I think they are stalling to let the word out because it will make them look even more incompetent, stupid and downright cruel for what they did to all those children.

50 posted on 06/01/2008 10:25:44 PM PDT by Saundra Duffy (For victory & freedom!!!)
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