Do you worship a higher power?
Okay, there were A LOT of questions not answered. I am going to break them into three posts.
There have been A LOT of discussions already about the implications of Merril taking the Fifth in response to questions during this deposition. Kurt Schulzke has a great explanation on his blog, Iperceive.net. In short, the Fifth is not an admission of guilt and a person can refuse to divulge information that could be used against them in a criminal prosecution.
But Judge Barbara Walther, contacted by telephone at one point during the deposition to rule on whether Merril had to answer the questions, made this comment: ''Because of how we construe the 5th Amendment, the court's understanding of the law it, in a civil case when a client or a witness claims a 5th Amendment privilege the trier of fact is entitled to make a more or less negative inference from making that assertion, unlike in a criminal case.''
The context within which the deposition took place is material:
Merril has been indicted for conducting an illegal marriage.
Raymon Jessop has been indicted for bigamy and sexual assault.
Teresa Jeffs still has a pending lawsuit regarding her custody.
Criminal investigations, both state and federal, are ongoing in Texas.
Criminal prosecutions are underway in Arizona.
Lawsuits regarding the UEP are pending in Utah (Elissa Wall's civil case) or in ''stand down'' status.
Prosecutions in Canada are just getting started.
So, here we go. Part one of questions not answered:
1. And how long have you lived there?
2. How long has that been the designation for that particular residence?
The judge later directed him to answer and Merril said: ''If I understand the question, I do not know.''
3. Did you live at this residence at that time, when law enforcement entered the property in April?
4. Did you live at the location known as the YFZ Ranch in . . . April of 2008?
5. Can you tell me all of your residences where you've lived in over the last four years?
6. In the last four years have you lived in any state other than Texas?
7. Have you at any time lived in Utah, in the state of Utah?
8. Are you the same Frederick Merril Jessop who is the bishop of the group called, known as the FLDS?
9. Please list all adults who you have lived with in the last four years.
10. How many children do you have?
11. Do you have any children under the age of 18?
12. Do you have any daughters?
13. How are you employed?
14. Do you have a source of income?
15. Do you own any assets?
16. Do you have any personal debt?
17. Are you a member of the FLDS religious association?
18. Do you have a religious association?
19. Do you worship a higher power?
20. Are you familiar with a person by the name of Warren Jeffs?
21. Are you familiar with the organization of the FLDS association?
22. How old is he? (His son Raymond.)
23. Is your son, Raymond, married to a young lady by the name of Teresa Jeffs?
24. Did you conduct a marriage ceremony of Raymond Jessop?
25. Did you witness the marriage of Raymond Jessop and Teresa Jeffs?
26. Do you know if he's lived at the YFZ Ranch in the last two years?
27. Do you know Teresa Jeffs?
28. Do you have a daughter named X (I am not using the name of the 14-year-old girl, who is in custody)?
29. Does this indictment that we talked about related to daughter X in any way?
30. Have Teresa Jeffs and Raymond Jessop had a child together?
31. Do you know how old Teresa is?
32. Is Warren Jeffs the prophet of the group known as FLDS?
33. What does the term prophet mean within the FLDS religious association?
34. Do you have an understanding of what the prophet is, what that term means?
35. What is a key holder within the FLDS religious association?
36. Do you know if records were kept by Warren Jeffs?
37. Is your daughter X married to Warren Jeffs?
38. When making an inference that she is married or hypothetically that she's married to Warren Jeffs, did she upon the happening of that event move into Warren Jeffs' home?
39. Was she (Naomie) at any time married to Warren Jeffs?
40. Where did that take place (face-to-face visit with Naomie)?
41. Was it in the state of Arizona that you saw Naomie approximately a month ago?
42. Does your daughter X have a child?
43. Are you aware of whether or not your daughter X has engaged in a sexual relationship with Warren Jeffs?
44. What is the meaning of heavenly wife?
45. What is the meaning of comfort wife?
46. Since Warren Jeffs has been in prison have any marriages taken place within the FLDS group in Texas?
47. Who among the FLDS has the authority to conduct a marriage ceremony or a sealing, however it's referred to within the group?
48. Do you have the authority to conduct marriages within the FLDS group?
49. How do you know Annette (Jeffs)?
50. How long have you known Annette Jeffs?
51. Do you know Annette Jeffs to be the mother, the biological mother of Teresa Jeffs?
52. What is the meaning of an ordinance?
53. Without telling me specifically what an ordinance is . . . is it a religious ceremony or event?
54. Is baptism an ordinance?
55. Is baptism an ordinance within the FLDS religious association?
56. Is marriage an ordinance within the FLDS religious association?
57. (Do you) recognize that to be what appears to be a marriage record that's kept by the FLDS religious association? (Marriage record listing Raymond Merril Jessop and Teresa Jeffs; conducted by Warren Jeffs; witnessed by Wendell Nielsen and Merril Jessop.)
58. What is your understanding of what R17 means?
59. Were you present at the ranch on July 27, 2006?
60. Do you know who Nephi Jeffs is?
61. What was the purpose of that visit (with Warren Jeffs in prison)?
62. When you visited him approximately a month ago did Warren Jeffs give you any instructions about how to conduct business among the FLDS religious association?
63. Approximately how many times have you visited Warren Jeffs since he's been incarcerated?
64. Who is William E. Jessop?
65. Do you know William E. Jessop?
66. Hands him Exhibit No. 6 (Father's Family Information Sheet) and asks if he recognizes it.
67. So you're not going to answer that question?
68. Are you familiar with an entity called YFZ Land LLC?
69. Have you ever registered a corporation in Texas?
70. What is your fear of incrimination answering a question about a corporation that is registered publicly?
71. Are you a member of the YFZ Land LLC?
72. Are you familiar with a mailing address of P.O. Box XXX, Eldorado, Texas, 76936?
73. Hands him Exhibit No. 8 and asks if he is familiar with it.
74. Are you familiar with a company called JeffsBusiness.com LTD?
75. Hands him Exhibit No. 7, listing officers of YFZ Land as David S. Allred, Joseph Steed, Merril Jessop and Raymond Jessop and asks if he can verify or deny any of the information on the page.
76. If I were to represent to you that this is a report from a public filing can you answer whether the Merril Jessop listed here is you?
77. Hands him Exhibit No. 9 (report from TaxNet USA on YFZ ranch) and asks him to verify or deny any of the information on it.
78. Do you know what is located at a street address (excerpted) in San Antonio?
79. Do you what what's located at street address (excerpted) in San Antonio?
80. Are you familiar with an entity referred to as the UEP or the United Effort Plan?
81. Do you know a Clay Jessop?
82. Hands him Exhibit No. 10 (tax certificate for Jessop Land Services LLC) and asks him to verify or deny information on it.
83. Are you familiar with an entity called Tonto Investments Inc.?
84. Have you ever been employed by or associated with as a director or member of manager of an entity called Tonto Investments?
85. Do you know if your son, Raymond Jessop, has ever been associated as an employee, member, director, officer, or manager of an entity called Tonto Investments?
86. Hands him Exhibit No 11 (tax certificate for Tonto Investments Inc.) and asks him to verify or deny its information.
87. Mr. Jessop, have you ever worked as a construction contractor?
88. Can you tell me what kinds of jobs you've had since you've been an adult?
89. Hands him Exhibit No. 12 (a note addressed Dear Brother Merril) and asks if he recognizes it.
90. Is that addressed, are you Brother Merril? Is that addressed to you?
91. Is that a note from Warren Jeffs to you?
92. Reads from Exhibit No. 4, a transcript of telephone call between Warren S. Jeffs and Nephi Jeffs, in which Warren places his family with Brother Merril. Have you ever heard that before?
93. Upon becoming aware of that conversation did you take any action?
94. What does it mean for Warren Jeffs' family to come under your direction?
95. Did you visit Warren Jeffs while he was incarcerated on January 24, 2007?
96. Reads excerpt from jailhouse transcript and asks: Did you take part in that conversation?
97. Have you and your daughter Naomie ever been together to visit Warren while he was incarcerated?
98. What is a second counselor?
There have been A LOT of discussions already about the implications of Merril taking the Fifth in response to questions during this deposition. Kurt Schulzke has a great explanation on his blog, Iperceive.net. In short, the Fifth is not an admission of guilt and a person can refuse to divulge information that could be used against them in a criminal prosecution.
But Judge Barbara Walther, contacted by telephone at one point during the deposition to rule on whether Merril had to answer the questions, made this comment: ''Because of how we construe the 5th Amendment, the court's understanding of the law it, in a civil case when a client or a witness claims a 5th Amendment privilege the trier of fact is entitled to make a more or less negative inference from making that assertion, unlike in a criminal case.''
The context within which the deposition took place is material:
Merril has been indicted for conducting an illegal marriage.
Raymon Jessop has been indicted for bigamy and sexual assault.
Teresa Jeffs still has a pending lawsuit regarding her custody.
Criminal investigations, both state and federal, are ongoing in Texas.
Criminal prosecutions are underway in Arizona.
Lawsuits regarding the UEP are pending in Utah (Elissa Wall's civil case) or in ''stand down'' status.
Prosecutions in Canada are just getting started.
So, here we go. Part one of questions not answered:
1. And how long have you lived there?
2. How long has that been the designation for that particular residence?
The judge later directed him to answer and Merril said: ''If I understand the question, I do not know.''
3. Did you live at this residence at that time, when law enforcement entered the property in April?
4. Did you live at the location known as the YFZ Ranch in . . . April of 2008?
5. Can you tell me all of your residences where you've lived in over the last four years?
6. In the last four years have you lived in any state other than Texas?
7. Have you at any time lived in Utah, in the state of Utah?
8. Are you the same Frederick Merril Jessop who is the bishop of the group called, known as the FLDS?
9. Please list all adults who you have lived with in the last four years.
10. How many children do you have?
11. Do you have any children under the age of 18?
12. Do you have any daughters?
13. How are you employed?
14. Do you have a source of income?
15. Do you own any assets?
16. Do you have any personal debt?
17. Are you a member of the FLDS religious association?
18. Do you have a religious association?
19. Do you worship a higher power?
20. Are you familiar with a person by the name of Warren Jeffs?
21. Are you familiar with the organization of the FLDS association?
22. How old is he? (His son Raymond.)
23. Is your son, Raymond, married to a young lady by the name of Teresa Jeffs?
24. Did you conduct a marriage ceremony of Raymond Jessop?
25. Did you witness the marriage of Raymond Jessop and Teresa Jeffs?
26. Do you know if he's lived at the YFZ Ranch in the last two years?
27. Do you know Teresa Jeffs?
28. Do you have a daughter named X (I am not using the name of the 14-year-old girl, who is in custody)?
29. Does this indictment that we talked about related to daughter X in any way?
30. Have Teresa Jeffs and Raymond Jessop had a child together?
31. Do you know how old Teresa is?
32. Is Warren Jeffs the prophet of the group known as FLDS?
33. What does the term prophet mean within the FLDS religious association?
34. Do you have an understanding of what the prophet is, what that term means?
35. What is a key holder within the FLDS religious association?
36. Do you know if records were kept by Warren Jeffs?
37. Is your daughter X married to Warren Jeffs?
38. When making an inference that she is married or hypothetically that she's married to Warren Jeffs, did she upon the happening of that event move into Warren Jeffs' home?
39. Was she (Naomie) at any time married to Warren Jeffs?
40. Where did that take place (face-to-face visit with Naomie)?
41. Was it in the state of Arizona that you saw Naomie approximately a month ago?
42. Does your daughter X have a child?
43. Are you aware of whether or not your daughter X has engaged in a sexual relationship with Warren Jeffs?
44. What is the meaning of heavenly wife?
45. What is the meaning of comfort wife?
46. Since Warren Jeffs has been in prison have any marriages taken place within the FLDS group in Texas?
47. Who among the FLDS has the authority to conduct a marriage ceremony or a sealing, however it's referred to within the group?
48. Do you have the authority to conduct marriages within the FLDS group?
49. How do you know Annette (Jeffs)?
50. How long have you known Annette Jeffs?
51. Do you know Annette Jeffs to be the mother, the biological mother of Teresa Jeffs?
52. What is the meaning of an ordinance?
53. Without telling me specifically what an ordinance is . . . is it a religious ceremony or event?
54. Is baptism an ordinance?
55. Is baptism an ordinance within the FLDS religious association?
56. Is marriage an ordinance within the FLDS religious association?
57. (Do you) recognize that to be what appears to be a marriage record that's kept by the FLDS religious association? (Marriage record listing Raymond Merril Jessop and Teresa Jeffs; conducted by Warren Jeffs; witnessed by Wendell Nielsen and Merril Jessop.)
58. What is your understanding of what R17 means?
59. Were you present at the ranch on July 27, 2006?
60. Do you know who Nephi Jeffs is?
61. What was the purpose of that visit (with Warren Jeffs in prison)?
62. When you visited him approximately a month ago did Warren Jeffs give you any instructions about how to conduct business among the FLDS religious association?
63. Approximately how many times have you visited Warren Jeffs since he's been incarcerated?
64. Who is William E. Jessop?
65. Do you know William E. Jessop?
66. Hands him Exhibit No. 6 (Father's Family Information Sheet) and asks if he recognizes it.
67. So you're not going to answer that question?
68. Are you familiar with an entity called YFZ Land LLC?
69. Have you ever registered a corporation in Texas?
70. What is your fear of incrimination answering a question about a corporation that is registered publicly?
71. Are you a member of the YFZ Land LLC?
72. Are you familiar with a mailing address of P.O. Box XXX, Eldorado, Texas, 76936?
73. Hands him Exhibit No. 8 and asks if he is familiar with it.
74. Are you familiar with a company called JeffsBusiness.com LTD?
75. Hands him Exhibit No. 7, listing officers of YFZ Land as David S. Allred, Joseph Steed, Merril Jessop and Raymond Jessop and asks if he can verify or deny any of the information on the page.
76. If I were to represent to you that this is a report from a public filing can you answer whether the Merril Jessop listed here is you?
77. Hands him Exhibit No. 9 (report from TaxNet USA on YFZ ranch) and asks him to verify or deny any of the information on it.
78. Do you know what is located at a street address (excerpted) in San Antonio?
79. Do you what what's located at street address (excerpted) in San Antonio?
80. Are you familiar with an entity referred to as the UEP or the United Effort Plan?
81. Do you know a Clay Jessop?
82. Hands him Exhibit No. 10 (tax certificate for Jessop Land Services LLC) and asks him to verify or deny information on it.
83. Are you familiar with an entity called Tonto Investments Inc.?
84. Have you ever been employed by or associated with as a director or member of manager of an entity called Tonto Investments?
85. Do you know if your son, Raymond Jessop, has ever been associated as an employee, member, director, officer, or manager of an entity called Tonto Investments?
86. Hands him Exhibit No 11 (tax certificate for Tonto Investments Inc.) and asks him to verify or deny its information.
87. Mr. Jessop, have you ever worked as a construction contractor?
88. Can you tell me what kinds of jobs you've had since you've been an adult?
89. Hands him Exhibit No. 12 (a note addressed Dear Brother Merril) and asks if he recognizes it.
90. Is that addressed, are you Brother Merril? Is that addressed to you?
91. Is that a note from Warren Jeffs to you?
92. Reads from Exhibit No. 4, a transcript of telephone call between Warren S. Jeffs and Nephi Jeffs, in which Warren places his family with Brother Merril. Have you ever heard that before?
93. Upon becoming aware of that conversation did you take any action?
94. What does it mean for Warren Jeffs' family to come under your direction?
95. Did you visit Warren Jeffs while he was incarcerated on January 24, 2007?
96. Reads excerpt from jailhouse transcript and asks: Did you take part in that conversation?
97. Have you and your daughter Naomie ever been together to visit Warren while he was incarcerated?
98. What is a second counselor?
10 Comments:
3 Q. (BY MS. MALONIS) Okay. Are you -- based on
4 this document are you aware of any adult members of the
5 FLDS using -- withholding food as a basis of punishment
6 for their children?
7 MS. HENNINGTON: Upon the advice of counsel
8 my client is invoking his right to assert the privilege
9 against self-incrimination, and the basis of that is the
10 ongoing criminal investigations.
19 Q. (BY MS. MALONIS) And based on this document
20 are you aware of a practice of any adults in the FLDS
21 association encouraging their older children to
22 physically harm their younger children as a basis of
23 punishment?
24 MS. HENNINGTON: Upon the advice of counsel
25 my client is invoking his right to assert the privilege
Q. (BY MS. MALONIS) Okay. And based on this
12 document are you aware of any adult members of the FLDS
13 force-feeding their children as a method of punishment?
14 MS. HENNINGTON: Upon the advice of counsel
15 my client is invoking his right to assert the privilege
16 against self-incrimination; the basis of that is the
17 ongoing criminal investigations.
17 Q. (BY MS. MALONIS) If the prophet places a woman
18 with a man to be sealed and that woman does not want
19 that relationship does she have the authority to say no?
20 MS. HENNINGTON: Is that the question?
21 Q. (BY MS. MALONIS) That's my question if you
22 understood -- did you understand my question?
23 A. Uh-huh.
24 MS. MALONIS: Okay.
25 MS. HENNINGTON: Upon the advice of counsel1 my client is invoking his right to assert the privilege
2 against self-incrimination, and the basis of that is the
3 ongoing continual -- continued ongoing criminal
4 investigations.
Brooke you left some questions out Merril didnt answer.
The judge stated the law correctly, i.e. the trier of fact is allowed to make inferences from the claiming of Fifth Amendment privilege in a civil case. It doesn't necessarily have to be negative inferences, but as a practical matter, it will mostly be negative.
And what could Walther possibly do at this point in the case before her? Put TJ in custody for three months? The entire country would laugh at her.
This post has been removed by the author.
No, but she can put Merril in jail for 6 months for contempt, not that it will happen.
I was going to say I am surprised that Molonis didn't ask him what his blood type was but I when I thought about it I realize they already have that.
Surprised she didn't ask him how many times he goes to the restroom a day.
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