Judge to rule on which of polygamous sect's documents can be evidence

[Angel Heart]

http://www.sltrib.com/ci_9085245

Judge to rule on which of polygamous sect's documents can be evidence
By Lisa Rosetta
The Salt Lake Tribune
Article Last Updated: 04/28/2008 02:12:08 PM MDT
SAN ANGELO, Texas - A Dallas appellate judge will begin a private review today of computer hard drives and 1,000 boxes of documents seized from the Yearning for Zion Ranch to determine which may fall under the protections of the clergy-penitent privilege.
The content of the boxes, stacked floor-to-ceiling high in a Texas Department of Public Safety room, includes letters written to FLDS Prophet Warren Jeffs, church membership lists and genealogy charts, medical records and hand-written notations pertaining to ongoing criminal cases. The documents were taken from the ranch, owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints, in a raid that began April 3.
Defense lawyers Bob Switzer and John Fahle, both of San Antonio, began going through the papers two weeks ago, Switzer said after a hearing Monday before 51st District Court Judge Barbara Walther.
But the state asked for an independent reviewer to take over the job. Officials were unsatisfied with the pace at which the lawyers were reading the documents - it took Switzer an entire day to read about half of the papers in one box labeled "bishop's records" alone - and were concerned that they may assert privilege in an attempt to exclude evidence from potential criminal cases.
Defense counsel "should not be the ones to conduct the initial review, but should be allowed to challenge" it, said Tom Green County prosecutor Allison Palmer.

More...

 

[Angel Heart]

Evidence... Oh they have evidence... Boxes and boxes of it.

 

[AllieBaba]

Evidence of what? I really don't think there will be boxes and boxes of evidence that old men are molesting little girls.

 

[Ravi]

Evidence of what? I really don't think there will be boxes and boxes of evidence that old men are molesting little girls.

The joy book, prolly.

31 pregnant girls, prolly.

 

[Angel Heart]

The birth records are in there. They didn't put them in the hall of records like the rest of us. The true ages then can be found out by going through the boxes and boxes. Also records of marrages of way too young girls. That's what type is in those boxes.

 

[RetiredGySgt]

Ohh look the State doesn't think the defense should be able to determine anything at all. Remind us all how the ends Justify the means. So much for the Constitution, separation of Church and State and legal policy and law for over 200 years.

Do not worry, GunnyL and Jillian are just fine with any means used at all to violate these peoples rights, when in doubt just refer to these two stalwart defenders of American jurisprudence and individual rights and protections.

So tell us what other Americans should be denied their Constitutional rights and protections? If we do not care about that any more can I make my suggestions as to how to clean up our cities, our gang problems and drug problems?

I could have those problems gone in months if I could just be given command and allowed to justify my actions by my results.

 

[AllieBaba]

The birth records are in there. They didn't put them in the hall of records like the rest of us. The true ages then can be found out by going through the boxes and boxes. Also records of marrages of way too young girls. That's what type is in those boxes.

Ahhh..so they do have birth records.

So much for the outcry of "there's no way to tell who belongs to who! We must have DNA testing!"
What a crock.

 

[Angel Heart]

They have mostly family bible type birth records... Nothing like what we know as birth records.

 

[AllieBaba]

The birth records are in there. They didn't put them in the hall of records like the rest of us. The true ages then can be found out by going through the boxes and boxes. Also records of marrages of way too young girls. That's what type is in those boxes.

How do you know? Have you looked at them?

 

[Angel Heart]

A representative of the sect will be appointed to vet documents, computer files and family Bibles for records that should not be used as evidence for legal or religious reasons, the Associated Press reports.

http://news.bbc.co.uk/2/hi/americas/7341077.stm

 

[AllieBaba]

The BBC? Are you serious? Lol. You're quoting the BBC quoting the Associated Press.

Perfect.

 

[Dogger]

Ohh look the State doesn't think the defense should be able to determine anything at all. . . .
yada, yada, yada

From the article:

Defense counsel "should not be the ones to conduct the initial review, but should be allowed to challenge" it, said Tom Green County prosecutor Allison Palmer.

This is consistent with routine criminal procedure, where the prosecution decides which evidence to present, and the defendant then objects to it. However, when the evidence is subject to a privilege, it is better to allow the holder of the privilege to object before the matter is revealed.

If a communication was made to a privileged person (spouse, doctor, attorney and priest, rabbi or clergy, etc), that communication might be confidential. Normally, that extends to admissions or confessions from an accused, but not to statements made to a privileged person who is participating in the crime with the accused. In many states, the privileges are limited or inapplicable in child sexual abuse cases.

This prosecutor is asking for trouble. Given the complicated and messy nature of the relationships, I would not let the defense simply veto disclosure, but I would allow the defense to examine the materials and argue to a judge which of them might be privileged before the prosecutor gets to look at them.

If the DA sees something that is off-limits, and later deemed privileged, he or she will have to prove that other evidence at trial was not derived from the confidential material. That's a tough thing to prove; that's the reason the felonious Oliver North had his conviction overturned. My procedural suggestion will keep the prosecutor from stepping onto that legal landmine, and protect the proper privacy expectations of the parties.

 

[AllieBaba]

This whole situation has been botched from day one.

The only good thing about it is at least this time they didn't torch them.