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BARBIE’S STRATEGY: IF YOU CAN’T BEAT THEM, WEAR THEM OUT.

Those who believe that a Judge in a trial is little more than a referee who see’s to it that the case runs smoothly and within legal limits are what those in the arena of the Law know as moron’s, fools, or stupid.

Most Judges see a defendant the same way everybody else in America does, if he is accused of a crime, he’s guilty. If barbie looks you in the eyes and tells you she thinks Raymond is an innocent man, she’s a better liar than Flora Jessop.

She also now knows that Raymond has a much more capable Legal Defense team than either she or the State expected to come up against, and so certain adjustments have had to be made in their strategy to convict him.

For the State, that adjustment has been to keep repeatedly tying to sneak in testimony that has been ruled in-admissible by the Court for various reasons. This is evidence “In Limine”. Today’s blowup by the defense was because Nichols kept trying to sneak in something he knew that the Jury should not hear.

For the Bench, this adjustment has been to run marathon Court sessions of 12 to 14 hours, not including the hours before and after Court begins and ends. Today, barbie sat on her fat ass from 9:00 in the morning until 10:00 at night.

This is in the hope that one of two things occur that allows barbie to smile and allow certain evidence in without the case being overturned by the Appeals Court. Either the DA will be able to sneak in the evidence un-noticed by the defence because of fatigue, or, the defense itself is so damned tired, they “Open the door” to the evidence and allow the DA to come marching triumphantly through it with his evidence in hand.

It’s a good strategy, and it has a high chance at accomplishing what both barbie and Nichols wants; a conviction.

In Point of fact, an exhausted defense team robs Raymond Jessop of what he is entitled to; a fair trial. After 8 hours of work, how sharp is your mind? After 10, 12 and 14? Let’s keep in mind that there is no pressure on barbie other than her ass. All she does is sit there and rule for the prosecutor. There’s no pressure on Nichols, he’s going to retire in a few years and collect his salary for the rest of his life if Raymond is found guilty or not.

On the other hand, Raymond will sit in a Texas prison for 20 years, and not a day shorter, if he is convicted because of a missed word by the DA or a mis-spoken word by his defense team.

In the morning, the defense team will be back in Court, and they will be lucky if they received 5 hours of sleep. Then they have to stay at the top of their form for the next 10 to 14 hours watching barbie nap until she gets tired, and then they still have another 4 to 6 hours of preperation for Wednesday before they fall into bed.

By Friday, just how effective is Raymond’s council going to be? If barbie has anything to say about it, none at all.

Somebody needs to tell barbie that she’s running a trial, and not either police or traffic Court. Somebody needs to tell that to barbie on the record so that the Appeals Court can decide just how effective Raymond’s defense team could have been for him during these marathon games being played by barbie.

You’re not running a race barbie, there is no rush to Justice. If the fact that you have 12 cases to hear bothers you, than you should have thought about that when you had your Grand Jury pile on all these charges against these men. Just because you have a personal agenda to keep doesn’t mean you can deprive Raymond and the other men of effective council and a fair trial.

Get reasonable on your docket schedule, or get overturned for driving your slaves too hard.

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22 Comments so far (Add 1 more)

  1. Riki:

    Some of the K.S. think that the woman who sewed Elissa’s wedding gown should be charged with being an accomplice to rape.

    Can you imagine any Protestant, Catholic, Jewish or LDS woman being charged with accomplice to rape for sewing a wedding dress? I cannot.

    For one thing, I don’t know very many mainstream Americans who can sew well enough to make a wedding dress. We are not talented enough. That’s why we gentiles have to buy ours “off the rack.”

    1. Cupcake on November 4th, 2009 at 4:23 pm
  2. Yes, Pliggy is right.

    Last night, I thought about why Utah did not charge Warren with performing an illegal marriage ceremony. To me, that would be a lesser charge. The answer is because the marriage occurred in Nevada, which means it is out of Utah’s jurisdiction.

    2. Cupcake on November 4th, 2009 at 4:09 pm
  3. Brooke’s Twitter:
    “Rebecca Musser is testifying today before the jury about her experiences in the FLDS church. State wants her to describe use of records.”

    What the H E double L qualifies her as an expert or knowledgeable source to testify to what records from the YFZ Ranch mean?

    Is she an expert who can determine WHO wrote them, what typed records mean, what the person that wrote them meant to say… or what?

    This one has me curious. Looks like the state may be really stepping over the line to inflame the jury.

    3. kbp on November 4th, 2009 at 3:41 pm
  4. Cupcake, he did not even perform an illegal ceremony, which you are correct is the MOST he could be chaged with. The ceremony occured in Nevada when the legal marriage age was 14.

    4. Pliggy on November 4th, 2009 at 3:40 pm
  5. With the history of Karesh, Jonestown, etc.-mainstream America thinks it has to show leaders of insular groups, such as the FLDS, a lesson by throwing them in jail whether they are innocent or not.

    5. WC on November 4th, 2009 at 11:53 am
  6. I have no problem with either one, but we can’t have two posters with the same name, it’s too confusing and often used by the C.S. to get access to this site by an approved commenter.

    In order for me to remove a C.S. from the site, I have to go through 1,600 pages of comments and eliminate every one of them.

    The site already attracts over 1,500 spam mails per day,
    something that i regard as a sign of the sites impact. It also increases the sites worth, since volume dictates the price of advertising. The site is already well below 60,000th in the U.S. and 250,000th in the world.

    Ann Marie Curling Thanks those responsible for this success. :))

    6. Bill on November 4th, 2009 at 11:49 am
  7. Bill, the “Cupcake” with the “la” in her email address is the original “cupcake”. I know her personally.

    7. duane on November 4th, 2009 at 11:36 am
  8. There are 2 “Cupcakes again, and the only one I will recognize begins with “fa” in the address.

    The poster using “Cupcake” whose address starts with “la” will have to change her name.

    8. Bill on November 4th, 2009 at 10:22 am
  9. Riki, the FLDS prophet was the target and no one else.

    9. THOMAS on November 4th, 2009 at 8:28 am
  10. Sounds like we’ve got a multiple Cupcake problem again.

    10. Riki on November 4th, 2009 at 12:12 am
  11. What’s always bothered me is the fact that Warren is in jail as an “accomplice to rape,” yet he could not have performed that ceremony without Elissa’s parents’ consent. *IF* this act was so wrong, why have no charges been brought against them?

    11. Riki on November 4th, 2009 at 12:12 am
  12. “I think that Warren is guilty of performing an illegal marriage ceremony. He should be punished for that”

    AND NO LAW SHALL BE MADE COCERNING AN ESTABLISHMENT OF RELIGION, OR THE FREE EXERCISE THEREOF!!!

    Why is this most simple part of the constitution so hard for people
    to understand? I think G.B. can explain it to you!

    12. mhojho on November 3rd, 2009 at 11:02 pm
  13. Here’s a question.

    When Utah passed the accomplice to rape law which prohibited underage marriage, did the governor or any of his representatives contact the FLDS prophet?

    The governor should have telephoned or written a letter to the FLDS prophet, explaining the new law so there would be no dispute about it later.

    After all, the governor of Utah is supposed to represent all the residents of Utah. That means he represents the FLDS too. Surely the governor knew that the new law might affect the entire FLDS sect.

    I’ll bet the governor discussed the new law with the LDS prophet, don’t you?

    13. Cupcake on November 3rd, 2009 at 10:23 pm
  14. The SLT reports that Warren’s attorney arguing for an appeal because of the definition of “accomplice to rape”, because a juror revealed during deliberations that she had been a rape victim and because of the consecutive vs concurrent sentences.

    I agree with Warren’s attorneys. I do not believe that Warren ever intended nonconsentual sex to occur between Elissa and Allen. If Allen did rape Elissa, Allen should be punished for his actions. But it is wrong to punish Warren for something that Allen did.

    In my opinion, an accomplice to rape is someone who participates in the rape. Someone who held a girl or woman down so that another person could rape her. Someone who falsely imprisoned a girl or woman so that another person could rape her. Someone who abducted a girl or a girl or woman so that someone else could rape her. Someone who tells another person to rape a girl or woman. That is my definition of an accomplice to rape. Warren did not do any of those.

    I think that Warren is guilty of performing an illegal marriage ceremony. He should be punished for that, not for a crime that he did not commit.

    I do think the judge should have declared a mistrial when the judge learned that the juror disclosed that she had been a rape victim. If that juror had revealed during juror selection that she was a rape victim, I don’t think she would have been selected to be on the jury. Even though she was dismissed and an alternate took her place, her disclosure may have unduly influenced the other jurors.

    About consecutive vs. concurrent terms. I am not sure if a life sentence is appropriate for performing an illegal marriage ceremony.

    14. Cupcake on November 3rd, 2009 at 10:14 pm
  15. The problem here is that we have a Texass Jury. There’s a reason that more cases are overturned in Texass than in any other State.

    If the DA claimed that Raymond was the man who killed Sam Houston at the Alamo, the Jury would convict.

    We’re not dealing with the brightest bulbs in the chandelier here.

    As for barbie, she doesn’t care if she is overturned, in fact, it would allow her to shift the blame from the men on the Ranch to the Appeals Court for the abuse of the children and the cost related to abusing them from her to the Justices on the Appeals Courts.

    The real problem is that unless the State is sued blind for this atrocity, they will all do it again. If financial responsibility is crammed down the taxpayers throats, THEN they’ll be looking for a tree to hang Mankin & Co.

    15. Bill on November 3rd, 2009 at 5:03 pm
  16. In cases where the State has a good case - it’s normal for a judge to make most decisions favorable to the defense - this way an appeal is avoided.

    It’s hard in a case where you know the judge realizes there is a 99% chance she will be over-ruled.

    The judge is doing this in order to inflict as much pain as possible on the FLDS members.

    It’s obvious she just doesn’t want a guilty verdict, but she is conducting the trial is such a manner to make the FLDS members suffer.

    16. * on November 3rd, 2009 at 3:34 pm
  17. While the court kicked it out for technical reasons, they seemed sympathetic, saying in a footnote:

    “A renewed invocation of this court’s jurisdiction presented in the light of the current status of the case also likely would present a better posture for treatment of the petition’s issues.”

    This strikes me as a major hint that there is a better approach.

    17. Julie on November 3rd, 2009 at 2:23 pm
  18. diesel: “oh dang, the SC of Utah turned down the UEP appeal.”

    —-
    It was dismissed without prejudice, meaning they aren’t barred from filing again, but must do so within 30 days and use a justification the court will accept. They were screwed by going along with Lindberg’s stand down.

    18. Julie on November 3rd, 2009 at 2:14 pm
  19. oh dang, the SC of Utah turned down the UEP appeal. Its just not right! Its persecution all the way, they wont be satisfied until its all destroyed. But at least we can afford more lawyers, I am sure it will be appealed to someone better!

    19. diesel on November 3rd, 2009 at 1:53 pm
  20. If I recall correctly, walther was re-elected because no one was running against her.

    20. MV on November 3rd, 2009 at 12:55 pm
  21. It looks to me like the defense team is doing a fantastic job.

    One thing that may be brought up on appeal if the fathers are convicted is the suspected victims was coerced. They was forced to name the father in fear of losing custody of their children.

    I’m hoping that the jury takes one look at these cases, realize that if Texas is allowed to get away with these sort of investigations that tomorrow they themselves may be next for a mass roundup.

    21. Michael Brown on November 3rd, 2009 at 11:11 am
  22. KS: The Public … relected Judge Walthers decidedly last year.


    Yes indeed. A political judge conducting a political trial.

    23. Julie on November 3rd, 2009 at 9:46 am

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