The ruling
The children stay with the state. By now you know that Tom Green County Judge Barbara Walther came to that conclusion today after two long days of testimony about whether the FLDS culture is inherently abusive to children.
She said yes.
Now, to get their children back parents will, at a minimum, have to submit DNA samples, undergo psychiatric evaluations and agree to safety plans focused on . . . well, who knows at this point. A CPS investigator could come up with no proposals for what parents might do to be reunited with their children.
Still, attorneys made spirited arguments for returning the children, speaking of them by age, name or color. The state divided the FLDS children and young mothers into color-coded groups: blue, pink, orange, brown, grey, depending on their ages and circumstances. Several young mothers were allowed to leave the Colesium or Wells Fargo Pavilion to come to court today; they wore identification wrist bands.
The mothers took the stand this evening and said they would do anything to be reunited with their children: move off the ranch, agree to temporary restraining orders prohibiting contact with their husbands, counseling.
They agreed, you could say, to become single mothers and cut themselves off from their friends, family and faith.
Now, Texas Child Protective Services is apparently arranging to send their 416 children all over the state and even across the country.
Those in the courtroom did not have to wait long for the judge to make her decision -- the recess lasted just five minutes, though I'm sure Walther has been thinking it over since signing the order two weeks ago that led to the children's removal.
Media were assigned to the last row in the Courtroom A, which meant that to see and hear the proceedings I had to stand up. All the rows ahead of me were filled with FLDS members. During the wait, a number of men sat with bowed heads and seemed to be praying.
A young couple sat directly in front of me. The woman, Lori Jessop, 25, is staying in the shelter at the Wells Fargo Pavilion with her three children. She was brought to court today to testify about her marriage and willingness to protect her children.
Her husband is 27. When she arrived at court, she found him among the crowd and slipped into the bench beside him. I realized they had not seen each other in two weeks.
He put his arm around her, held her close through hours of testimony. Her rubbed her back at one point. They whispered back and forth. She is an EMT and told the judge that she would take their children -- ages 4 to 11 months -- and move off the ranch and go to work if she could stay with them.
After the judge issued her ruling, the Steeds stood and stared at one another, a look of shock on their faces.
I have no idea what becomes of her now, whether the state will let her continue to stay with their children. I suppose not.
We heard other complicated stories today. One attorney said she represented a 17-year-old girl who is a Canadian citizen and was visiting her grandmother who lives at the ranch when the raid occurred. Now she is a ward of the state of Texas.
One attorney said he represents a 5-year-old boy who has Down's syndrome and other serious medical problems. What about him? he asked the cult expert who testified for the state. Wouldn't he be better off with his mother?
Linda Musser, 56, said she was in Lubbock where her 29-year-old daughter is hospitalized and undergoing dialysis and treatment for other medical problems. Musser's 13-year-old son was taken away. Musser, who was in a monogamous marriage but is now legally divorced, told the judge she would move off the ranch, perhaps to Lubbock to be near her daughter, if that is what it would take to get her son returned. Her older sons would support her.
The judge decided otherwise, for now.
She said yes.
Now, to get their children back parents will, at a minimum, have to submit DNA samples, undergo psychiatric evaluations and agree to safety plans focused on . . . well, who knows at this point. A CPS investigator could come up with no proposals for what parents might do to be reunited with their children.
Still, attorneys made spirited arguments for returning the children, speaking of them by age, name or color. The state divided the FLDS children and young mothers into color-coded groups: blue, pink, orange, brown, grey, depending on their ages and circumstances. Several young mothers were allowed to leave the Colesium or Wells Fargo Pavilion to come to court today; they wore identification wrist bands.
The mothers took the stand this evening and said they would do anything to be reunited with their children: move off the ranch, agree to temporary restraining orders prohibiting contact with their husbands, counseling.
They agreed, you could say, to become single mothers and cut themselves off from their friends, family and faith.
Now, Texas Child Protective Services is apparently arranging to send their 416 children all over the state and even across the country.
Those in the courtroom did not have to wait long for the judge to make her decision -- the recess lasted just five minutes, though I'm sure Walther has been thinking it over since signing the order two weeks ago that led to the children's removal.
Media were assigned to the last row in the Courtroom A, which meant that to see and hear the proceedings I had to stand up. All the rows ahead of me were filled with FLDS members. During the wait, a number of men sat with bowed heads and seemed to be praying.
A young couple sat directly in front of me. The woman, Lori Jessop, 25, is staying in the shelter at the Wells Fargo Pavilion with her three children. She was brought to court today to testify about her marriage and willingness to protect her children.
Her husband is 27. When she arrived at court, she found him among the crowd and slipped into the bench beside him. I realized they had not seen each other in two weeks.
He put his arm around her, held her close through hours of testimony. Her rubbed her back at one point. They whispered back and forth. She is an EMT and told the judge that she would take their children -- ages 4 to 11 months -- and move off the ranch and go to work if she could stay with them.
After the judge issued her ruling, the Steeds stood and stared at one another, a look of shock on their faces.
I have no idea what becomes of her now, whether the state will let her continue to stay with their children. I suppose not.
We heard other complicated stories today. One attorney said she represented a 17-year-old girl who is a Canadian citizen and was visiting her grandmother who lives at the ranch when the raid occurred. Now she is a ward of the state of Texas.
One attorney said he represents a 5-year-old boy who has Down's syndrome and other serious medical problems. What about him? he asked the cult expert who testified for the state. Wouldn't he be better off with his mother?
Linda Musser, 56, said she was in Lubbock where her 29-year-old daughter is hospitalized and undergoing dialysis and treatment for other medical problems. Musser's 13-year-old son was taken away. Musser, who was in a monogamous marriage but is now legally divorced, told the judge she would move off the ranch, perhaps to Lubbock to be near her daughter, if that is what it would take to get her son returned. Her older sons would support her.
The judge decided otherwise, for now.
18 Comments:
Unbelievable!!! This judge could have handed down many just and even creative decisions instead she opted for the worst one possible. To say I am disappointed in our government is a massive understatement.
From what I read of testimony it came down to "experts" testifying that foster care would be destructive to these children. And as you reported mothers saying they would do anything to avoid foster care. The CPS case seemed to be largely based on ideology and a potential not immediate danger and Ms. Voss of CPS showed herself to be driven by that. Testimony also showed that early marriage is not a doctrine in the FLDS even though some practice it. Now simply being different and taking loving care of your children is a crime.
This travesty continues at huge harm and danger to these children.
With only a five minute recess to decide and her sweeping judgement I wonder about a few things. First, I wonder if this judge had her mind made up before the hearing ever started. Second, I wonder if she felt she had to do this in order to not admit that she made a big mistake in giving the warrant out in the first place. And, third she is elected to her position. This decision is sure to be popular with the local voters. How much did that motivate and color her thinking??
Well she has decided. Many families are destroyed. 416 children are now destined to be gravely harmed. CPS and this court has brought new disgrace on this country. The government showed again that judicial fiat overrules the Constitution and the evidence. But its misplaced pride is still in place and the judge was undoubtedly praised in the local "watering" holes and ready to cruise to job security. And the only people whose lives are shattered, traumatized, and destroyed are only those weird types and their 416 kids, right!?
Shame on Texas, Shame on America, shame, shame, shame.
Every person of devout faith and every person in an unpopular or misunderstood group in this country had better be warned, you and your children are in grave danger! There is no longer any protection for you.
And now I pray for these victims. They are of a different religion, they wear different clothes, but I hold them up in fervent prayer. I pray for wise lawyers to advise and fight for these families. I pray for justice, wisdom and compassion to prevail in the appeals. I pray for all of us who are now in danger of such tyranny. And may God have mercy on those responsible for such suffering.
yah unbelievable. not. they marry off minors. why dont you educate yourself daniel. no-one gives a crap what consenting adults do, or what their religion is, just leave your fricken kids out of it.
Daniel (I hesitate to call you Rev. Baker, as I find it hard to revere someone that condones child rape):
1st - you are not from here, so we really don't care what hillbillys from West Virginia think. We are going to protect children in this state, regardless of the thoughts of the apologists for the pedophiles.
2nd - did you read the part, prior to the mothers testifying, where their own expert explained 'lying for the lord'? It is hard for a judge to find the women credible when their own expert explains that they will be deceptive.
3rd - none of the parents found anything wrong with 14 and 15 year old girls being married to 50 year old men, despite the fact that it is illegal in Texas and leads to the Sexual Assault of these children.
The evidence clearly supports her decision.
I call shame on you, a supposed man of God, in wanting to expose these poor abused children to more rape and abuse.
I am writing to respond to a point you have made in several of your entries. It is not in this one but most recently in the one from the 14th of April. Those comments refer to the disparaging way that the media speaks about the dress of the FLDS sect. You bring to light the Mennonites, Amish, Quakers, Catholic clergy, and (fundamentalist) Muslims. I added the fundamentalist only because not all Muslims wear the dress you ascribe to that religion while many do. All of these other religions with a similar dress of modest means & style are firmly engrained in the psyche of popular American culture. It is my belief while some will paint with a broad negative brush, the dress of the FLDS since they are relatively new in the popular culture comments like ‘1800’s dress’ and ‘Little House on the Prairie style’ are mere points of reference not intentional demeaning of their beliefs.
On a side note, I do find an intriguing similarity in the societal structure of the FLDS and certain fundamentalists groups. Whether it be a Muslim, Baptist, Hassidic Jew or others the further the traverse the fundamentalist path the more they are prone to the patriarchal rule of the sect and family. I only find this offensive when it interferes with the freedom of choice for women to be educated and choose the life they want to lead. The men in most cases are free to choose as they please.
Also as a counter point the Quakers are similar to most Protestants in that while the children are encouraged to believe they are given free will to choose as they please. The Mennonites and Amish give the children of these faiths and communities a time of choosing. It usually, allows them from 16 until 18 boys and girls to live as they choose then make the choice to stay or leave. None of these are afforded the children of the FLDS sect.
Amazing, but not unexpected.
A writer, researcher out of Berkeley, California, Anthony Gregory, has written a compelling piece comparing the FLDS, the Branch Davidians, and the power of the state and the sense of the masses. Not very encouraging.
I felt it puts it in a perspective not often entertained.
http://www.lewrockwell.com/gregory/gregory157.html
WOW!!
Thanks for sharing with us all Brooke.
"...though I'm sure Walther has been thinking it over since signing the order two weeks ago that led to the children's removal."
Or, has she been a part of that "thinking" over the past four years?
"One attorney said she represented a 17-year-old girl who is a Canadian citizen and was visiting her grandmother..."
Hmmm? One wonders if the Canadian's Ambassador should have been notified, or the child to contact them.
"One attorney said he represents a 5-year-old boy who has Down's syndrome... Wouldn't he be better off with his mother?"
After a hearing that consumed less than would be needed to have provided 3 minutes per child, it is beyond being questioned that the individuals involved were ignored. This is a prime example that illustrates the ruling was on the COMPOUND, not the children.
(Of course TxBluesman is CERTAIN this child was observed as an individual in this hearing and that it the ruling shows this young boy was just another being raised to become a sexual abuser!)
Did the judge name a single child, or 2, or better yet all 416?
Kent
I wonder what imminent danger a nursing infant is in that it has to be separated from it's mother? It doesn't make any sense to me.
My seven year old granddaughter is sobbing in her bed right now because I am leaving in the morning to go home after a four day visit. If she feels this badly over a separation from her grandma that isn't even permanent, I can't imagine the pain and anguish these little children who were separated from their mothers are feeling as they cry themselves to sleep every night. My heart aches for them. It seems very cruel thing to do to a little child.
It is unbelievable that each child did not get his or her own hearing! Some of these children were not abused at all! Only the ones where abuse could be proved should have been taken away! This is heartbreaking!
Each child will get their own hearing. This was a 14-day hearing following an emergency removal.
I doubt that you'll be much happier at the future hearings. I would count on quite a few parental rights being terminated.
txbluesman
What 14 - 15 year old girl was married to a 50 year old man?
The phone call that made that claim was a phoney. The 50 year old man that was named hasn't been in texas or married an underaged girl. The entire witch hunt was based on a lie and you just keep repeating it like it was the truth.
Vigilante Justice. Texas style.
Going after the Muslims next?
Jack said
What 14 - 15 year old girl was married to a 50 year old man?
OK, you got me there. Jackson Jessop (36) was spriritually married to a 15 year old. Nathan Jessop (40), but he was spiritually married to a 16 year old. Richard Jessop Barlow is 'spiritually' married to a 16 year old that now has 4 children herself (you do the math). Nope, no 50 year olds. Just a 36, a 40, and one not stated. All of these are from Ranger Long's affidavit.
The phone call that made that claim was a phoney.
OK, what's your point? Legally, whether the call was a phony or not is neither material nor relevant to the subsequent warrants and court orders.
Vigilante Justice. Texas style.
Going after the Muslims next?
If you know of some Muslims in Texas that are committing Bigamy, Aggravated Sexual Assault of a Child, Sexual Assault of a Child, or Continuous Sexual Abuse of a Child (all felonies BTW), let me know - I'll be happy to forward your information to the authorities, probably to my Muslim friend that is a local police officer.
What part of this are you just not getting?
Do you really want to be on the side of these child rapists and the women that allowed it to happen?
If so, most Texans will have little use for you.
Fumarase deficiency. Look it up.
The polygamous activity has got to stop. Probably 25% of this community has this disease. Somebody please photograph Babyland so the American public can realize what is happening.
txbluesman
You paint with a broad brush.
From the reports it appears that not everyone on that ranch was involved in sex with 15 - 16 year old girls.
Figures from the Texas Dept of Health shows 1 in 40 girls age 13 - 17 in Texas have babies. That's abouot 2.5% so appearently sex with underage girls isn't uncommon in Texas.
Cps went overboard with their raid and in doing so violated the civil rights of some individuals.
BTW I am not concerned with acceptance by Texas, Arkansas or any of the other slave states.
LOL, well Jack then I'm sure you won't mind if we really don't care whaat you think about our procedures.
Don't worry though, we will make sure to send the pedophiles to prison...
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My heart goes out to some of these women, but I do believe the judge did what she was expected to do as a judge. First and foremost, it is her job to protect these children from any type of abuse, be it emotional, sexual or what ever the case may be. These children need someone to stand up and speak for them. And see to it that NO ONE has the right to harm them. I will continue to pray for these children and their mothers. I pray that God will shed some light on these poor women and make them understand that it is NOT alright in Gods eyes to let any man have their 13 year old daughters, for marriage just to reproduce in the name of a so called Profit.
FYI
A good discussion of the alternatives, which Nick appears to think are better is at:
http://www.window.state.tx.us/news/60623statement.html
I haven't heard anything to indicate much of a change from:
"If you compare the number of deaths of children in our state's population to the number of deaths in our state's foster care system, a child is four times more likely to die in our state's foster care system.
"Based on Fiscal 2004 data provided by the Health and Human Services Commission, about 100 children received treatment for poisoning from medications; 63 foster children received medical treatment for rape that occurred while in the foster care system; and 142 children gave birth while in the state foster care system.
"As alarming as these cases are, we can only imagine how much worse the Fiscal 2005 data is because Gov. Perry's Health and Human Services Commission has refused to provide the data needed to complete my investigation.
.
.
"One attorney said he represents a 5-year-old boy who has Down's syndrome and other serious medical problems. What about him? he asked the cult expert who testified for the state. Wouldn't he be better off with his mother?"
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Sounds like this is Fumarase, probably one of the better cases.
I reckon you all have heard what happens in the "not so better" cases, havent you"
Watch the BANKING ON HEAVEN trailer on youtube.
Learn. Be amazed. Be shocked.
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