Posted on 08/27/2011 7:51:33 AM PDT by MizSterious
SAN ANGELO, Texas The latest round in the legal fight over the imprisonment of polygamist sect members went to the state, but the fight may not be over.
The Texas Third Court of Appeals in an opinion issued Friday upheld the conviction of Fundamentalist Church of Jesus Christ of Latter Day Saints member Michael Emack on a charge of child sexual assault that came from evidence from the Yearning for Zion Ranch raid in April 2008.
In the next few weeks, the case could go to the Texas Court of Criminal Appeals, the highest Texas court for criminal cases, said Dallas attorney Robert Udashen, who is defending Emack and gave oral arguments to the Third Court of Appeals.
Udashen's opponents expressed confidence in the court's opinion.
"From the state's perspective, we believe that the Third Court got it right and correctly applied the law to the facts of the case and (51st District Judge Barbara) Walther's ruling," said Eric Nichols, who has been the lead prosecutor for the state in all of the Texas FLDS criminal cases from the YFZ Ranch.
Attorney General Greg Abbott concurred.
"Today's Third Court of Appeals decision rejected Michael Emack's attempt to avoid imprisonment after he pled guilty to sexually assaulting a 16-year-old child," Abbott said in a news release. "With today's decision, which also rejected Emack's baseless attempt to defend his illegal conduct as an exercise of religion, the state's efforts to extinguish widespread sexual abuse at the YFZ Ranch secured a significant victory."
(Excerpt) Read more at m.gosanangelo.com ...
Too bad they can’t just let him fast in jail...
How did they do that?
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