[11/5 - GUILTY] 10/26 to ........

[Katprint]

Originally Posted by walton

Thanks Katprint. If a person was tried in one state for a crime and proved later that it didn't happen in that state but another can they be tried again in the state the crime occurred?

There was a case in Arizona that has me curious.

I believe the answer is yes but I am not sure I understand your question. Certainly I have seen defendants tried in state court then tried again in federal court even if they were acquitted in state court.

When you mean proved "later" do you mean a conviction at trial then newly discovered evidence being given to the appellate court? Or do you mean an acquittal at trial because the jury did not believe, more likely than not, that the crime happened within the jurisdiction of the state?

Note: All states have some sort of "long arm" statute giving the state jurisdiction over "acts causing effects" within that state, so long as it would not be "unfair" to the defendant. For example, if Lead Ingredient Breakfast Cereal company in Montana sells lead-contaminated breakfast cereal in California, that company can be sued for product liability in California. I am not sure precisely what Texas' "long arm" statute says but if I recall correctly, the birth of the 16 year old victim's child was argued as an alternate basis for jurisdiction in the event that the location where the 16 year old was impregnated was not proven with sufficient certainty.

Katprint
Always only my own opinions

[walton]

http://www.rickross.com/reference/po...lygamy591.html
This is from 2006

Polygamist David R. Bateman, a member of the Fundamentalist Church of Jesus Christ Latter Day Saints sect (FLDS), was sentenced to nine months in prison for engaging in sex with a minor.

Mohave County Superior Court Judge James Chavez sentenced Bateman.

Bateman, a former school teacher, must register as a sex offender. He was taken into custody immediately after sentencing.

At the age of 44 Bateman was "spiritually sealed" to a 17-year-old girl in 2001.

Another FLDS member, Vergel Jessop, agreed to a plea bargain to avoid jail time, but will probably become a registered sex offender.

Jessop works for the parks department in Colorado City, Arizona. In 2000 Jessop was "spiritually sealed" to a 17-year-old girl.

A Mohave County grand jury indicted eight other FLDS men on identical sex-crime charges in August 2005, five cases have been resolved.

Kelly Fischer was convicted and sentenced to 45 days in jail.

Donald Barlow was acquitted because the prosecutor failed to prove the crime took place in Arizona.

Charges were dropped against Terry D. Barlow because his marriage to a minor took place in Canada.

Charges remain pending against Rodney Holm, Randy Barlow and Dale Barlow.

If people are charged and tried in the "wrong state" could these guys be charged and tried again in a different state? When it comes to assaulting kids should it matter what state it happens in?

[walton]

http://74.125.113.132/search?q=cache...ient=firefox-a 2006

They also assigned Gary Engels, an investigator for the Mohave County attorney's office, to Colorado City. He has become a permanent presence in the town. It was Engels who put together evidence leading to the eight indictments and who organized Thursday's raid.

"I can't really say anything about it yet," Engels said after the raid.

But in interviews earlier this year, Engels acknowledged that the cases pending against the eight men could be an important test of whether justice finally had come to the desert enclave.

Whatever happens, Engels said, the eight indictments are only the beginning.

"I got eight more after that, and eight more after that," he said. "I'm just getting started."

The men facing trial all have multiple wives. Each has pleaded not guilty to the charges of sexual violations.

[walton]

http://166.70.44.68/blogs/photo/2009...supreme-court/

On Nov.3 Wally and gang were in front of Utah Supreme court trying to convince them that the wrong charges were brought against Warren Jeffs.

I understand that the defendant does NOT have to be there when different things like this go on. Would have been nice though if Warren would have made a visit.

But look who is "napping" in the court sidelines.
Merril.

What the heck? He couldn't stay for the trial in Texas but he shows up in Utah for Warrens show?

And the great spokeman for the FLDS is absent for Warrens and yet present in Texas?

I will drive the busload of them to a local medical center to get them all cat-scanned.

Seems to me that these guys travel more than Britney Spears with her circus show. jmo

[Katprint]

Originally Posted by walton

<respectfully snipped> If people are charged and tried in the "wrong state" could these guys be charged and tried again in a different state? When it comes to assaulting kids should it matter what state it happens in?

It is the "and tried" part that I have trouble with. If people are merely charged in the wrong state and those charges are dropped then the correct state can charge them without any "double jeopardy" violation.

One reason why it matters "what state it happens in" is because different states have different ages of consent and different rules concerning who can marry whom. If a 14 year old enters into a lawful marriage in a state that permits such marriages, that lawful marriage is not nullified by traveling to/through a state that would not have permitted the marriage. If two first cousins lawfully marry in a state that permits marriages between blood relatives of that degree, that lawful marriage is not nullified by traveling to/through a state that would not have permitted the marriage.

Additionally, a man who lawfully marries multiple wives in a country that permits such marriages remains lawfully married to those wives even if the family immigrants to a country like the United States that would not have permitted the marriages. I have often wondered, if having multiple wives is SO CRITICALLY IMPORTANT to the FLDS faith then why don't they travel to a country where it would be legal to do so and get married there? Like the popular destination weddings that are so fashionable these days? Then, their legal wives would still be their legal wives when they returned home.

President Barak Obama's african father was a polygamist, and nobody cares. It would be nice if the FLDS would admit that the reason for their ongoing "persecution" really has nothing to do with their religious beliefs concerning polygamy but rather concerns their criminal sexual exploitation of minors. If all of their multiple spiritual wives were over the age of consent, nobody would care who was sleeping with whom.

Katprint
Always only my own opinions

[LLaFren]

It took me forever to find this thread tonight

Gonna take Waltons advice and head to bed early tonight.

Thanks for updates!

[walton]

Originally Posted by LLaFren

It took me forever to find this thread tonight

Gonna take Waltons advice and head to bed early tonight.

Thanks for updates!

Been there and have done that so many times. I swear that my job had me on a test program to see how an old lady does under stress, sleep deprivation and the determination to continue on with this story.

I have to admit.... I made it but I wonder how some days.

I thought my brain was going into the rebooting mode.

[juliekan]

http://txbluesman.wordpress.com/2009...stem/#comments

“P.S. It’s too bad Hasan didn’t shoot up Barbie’s court instead of Fort Hood.”

[walton]

Originally Posted by juliekan

http://txbluesman.wordpress.com/2009...stem/#comments

“P.S. It’s too bad Hasan didn’t shoot up Barbie’s court instead of Fort Hood.”

I know Juliekan. I was shocked when BillM posted some of the things at the very beginning. The Judges address, phone number, the names of some of the foster parents and supposedly the writings of an underage girl that he claims was being abused by her attorney.

And then there is the editing of the posters posts. If anyone knows Bill they might want to throw the net over him before he goes out into the street butt naked.

BillM and some of the posters are like a snowglobe. The thinking process is all over the globe and nothing ever on track. Scary.

I am curious if anyone practicing law in Utah knew of BillM prior to the raid. Just one of those things that keeps floating around in my little globe.