Re: FLDS kids
- From: "spiritrising" <miketwofeathers@xxxxxxxxxxxxxxxxxxxx>
- Date: Fri, 30 May 2008 15:01:34 -0700
the original warrant has already been found to be invalid, anything born out
of that original warrant gives cause to have such evidence thrown out, and
any procedure after the fact was and is unwarranted as well, based on the
original warrant. the whole case was born out of the original warrant,
without that they could never have gotten the dna evidence, so it can not be
held valid.
it took two years that a state went after them the last time in the same way
to finally get it all through the courts for colorado city, flds won on all
counts, and was also paid a settlement as well. same problem state went in
and took kids, with no basis of fact. spiritrising
"Buttercup" <delnordo@xxxxxxxxx> wrote in message
news:12425532-bc8d-489f-8717-cf865e3a176a@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On May 30, 2:37 pm, "spiritrising"on,
<miketwofeath...@xxxxxxxxxxxxxxxxxxxx> wrote:
since the dna testing was borned out of the faulty warrant and what the
court started with, it can not be used in any procedings that come later
and would be quashed. spiritrising
Hmmm, not sure if that will hold up. The warrant for the testing
wasn't the same as the warrant for the seizure of the kids, and was
therefore based on additional evidence than what prompted taking the
kids in the first place. That doesn't mean a judge won't throw it
out, but he or she could rule otherwise as there is a little wiggle
room there. By the time the testing was ordered, the initial phone
call was already determined to be a hoax. It will be interesting to
see how it goes.
.
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