Open Discussion # 17

Continued from Open Discussion #16

Matt Smith Wakes Up

There’s a little flurry of activity in Mohave County.   I don’t know if anyone else has noticed, but Matt Smith has let Piccarreta run roughshod over the State’s witnesses for the last several months and hasn’t even responded to Pic’s various demands for repeated interviews and depositions of the same witnesses.   No longer …

Wonder what happened?  ;)

Also interesting, but not posted here, Pic filed a renewed “REQUEST FOR EVIDENTIARY HEARING ON MOTION TO SUPPRESS EVIDENCE IN UNLAWFUL SEARCHES OF FLDS PROPERTY”  to which Matt Smith artfully replied with “RESPONSE TO REQUEST FOR EVIDENTIARY HEARING ON MOTION TO SUPPRESS EVIDENCE OBTAINED IN LAWFUL SEARCHES OF FLDS PROPERTY”   Hehehe.

Wonder if this has anything to do with Matt Smith’s new attitude:

Piccarretta: It’s All Texas’ Fault

Revised Berry Knoll Ruling and Order

 

 

Lindberg Ruling Denying Twin Cities Intervention 10-30

 

 

Keate Witness Lists

 

Keate: State’s Motion in Limine

Keate Bad Acts

Warrens Witness Motion: “LDS vs FLDS”

Here, Warren attempts to discredit expert witnesses Carolyn Jessop, Rebeckah Musser, and Richard Holm.

Then on page 10, the motion basically says the LDS is just like the FLDS but “no longer follows its founders’ belief in the practice of Polygamy”.

Then the motion says the witnesses dont know the difference between the LDS and the FLDS and have “no special training” (ha ha ha).

Oh, I’m sure they have had LOTS of “special training”!

UPDATED Venue: What’s the Strategy?

Randy Wilson, attorney for Allen Keate, had entered into an agreement  to transfer venue for Allen Keate’s trial to Tom Green County.    After Raymond’s verdict, and after consultation with the posse of attorneys for companion defendants, Wilson withdrew his Motion to Transfer Venue (huh?  after an agreed order was already entered?)

The Court could transfer venue to Tom Green County on its own, but likely won’t.   They’ll have to go through the process of trying to seat a jury, likely fail, then move to Tom Green County.

It is unlikely that Allen Keate will get the tiny bit of sympathy that Raymond Jessop got in Schleicher County … he is an older man, he is three times the age of his child sex slave, Merilyn, and he gave away three of his own little girls as brides to FLDS pedophiles.   My goodness, his “bad acts” notice makes Ray look like choir boy.

If you were Keate, would you rather have a San Angelo jury or an Eldorado jury?

What’s the strategy here — try to get a sympathetic jury in Schleicher county and hope that one can be seated .. or hope that a jury can’t be seated, thereby delaying Keate’s trial and punishment by a few days ….or simply create more confusion and hopefully more points for appeal?

It’s interesting watching the One Man centralized defense shape up.   Wonder what they’re up to.

UPDATE 11/16:  The State has filed a motion for the court to transfer venue on its own motion, essentially reciting the agreement to transfer and asking the Court to go ahead and transfer it without the necessity of holding a hearing.   There is apparently a pre-trial hearing on Thursday in San Angelo, and perhaps this request will be taken up or ruled on.   Jury Summonses have been issued in Schleicher County and Tom Green County.

 

Ernie and Raymond: Ranch Owners, Elders, Brothers, Polygamists

 

 

This is a transcript of Merril Jessop’s testimony in Carolyn Jessop’s child support case.   Although that case is over, the testimony is interesting in connection with Raymond’s recent conviction — Merril describes Raymond Jessop’s and Ernie Jessop’s (among others) connection to the company that owns the YFZ property.

The documents Merril  describes about the YFZ Ranch property were also introduced in Raymond’s criminal trial to show that Raymond was an officer of the YFZ Land LLC and, therefore,  held a very high position within the FLDS.    The documents also indicate when Raymond took over for Ernie, in the management of the YFZ business and property in addition to taking over Ernie’s wives.

Raymond Jessop: Rehabilitation?

CLICK IMAGE TO REDIRECT

This is an interesting video from Mike Watkiss of 3TV in  Phoenix. Notice when Watkiss asks Raymond if he is being persecuted for his religious beliefs, he turns to Deputy Sherriff George Arispe and says, “What do I say George?”    To further questioning, Raymond says “No comment.”

Compare Raymond’s hesitation and humility to comments from duly authorized representative and blowhard, Willie Jessop, who stated that this verdict was an example of  a “religious war they have chosen to take out on the FLDS.”  By comparison, Raymond seemed contrite — maybe I’m being too optimistic, but perhaps Ray is questioning his religion and the error of following One Man into criminal activity with very serious and lengthy consequences.    I do hope that Raymond uses his time in prison to come to some new conclusions about the harm caused by a patriarchal cult and a leader who deprives his followers of choice, freedom and independence.   I wish Ray well, and I hope for the best for his families that he will be separated from.

As an aside — at one point in Attorney Brandon Hudson’s argument, he referred to the world outside the FLDS as “the free world.” That appears to be an acknowledgement of the lack of choice and freedom within the cult and the stark difference between freedom and bondage.

VERDICT

Raymond Merril Jessop was sentenced to 10 years in prison and an $8,000.00 fine.

NO PROBATION.

He will have to serve a mandatory 5 year sentence and after that he becomes parole eligible.   It is not mandatory parole — he will have to keep meeting with the parole board until he is paroled or his 10 year sentence is completed.   Persons convicted of sexual assault of a child typically do 85% of their sentence.    If Raymond insists that he was persecuted for his religious beliefs for 10 years, then he will spend 10 years in prison.

Still Deliberating

The jury in Raymond Jeasop’s trial began deliberating on punishment about 11:45 this morning. They are still deliberating.

It does not surprise me that deliberations at this phase are taking longer than guilt/innocence deliberations. Punishment is not as black and white — there is an expansive range of options, and the decision has to be unanimous.

The jury can hang on punishment.

Raymond Jessop Trial: Punishment

This report, like the last, is based on information from people who were present in the courtroom as well as lawyers involved and others familiar with the legal process:

Today the Schleicher County jury heard evidence  related to Raymond’s character and aspects of the way he lived his life.  The State began with the testimony of from an FBI agent who testified about the time period Warren Jeffs was on the 10 Most Wanted List.   Then a Ranger testified about chain of custody information.

Then came the testimony of Carolyn Jessop.   The defense was obviously anticipating Carolyn’s testimony having a strong effect on the jury because nearly every question was met with an objection by Attorney Stevens, whether it was objectionable or not.   Carolyn is Raymond’s stepmother and had personal knowledge of Raymond’s life as a young man — although the age difference between Raymond and Carolyn is only about 5 years.   Carolyn identified a picture of all of Raymond’s nine wives and named each of the wives and their relationships with each other:   Here’s the breakout:

1.  Three wives are full sisters:  Maryanne, Lenora, and Teresa Jeffs.   Their parents are Warren Jeffs and Annette Barlow Jeffs.   Teresa and Lenora were both married to Raymond underage.

2.  Mary Musser Johnson and Marie Musser Johnson are full sisters.    Mary is Raymond’s legal wife, and they are still legally married.

3.   Three of the wives were previously married to Raymond’s brother, Ernie:  Rhoda, Janet and Elizabeth.   Rhoda and Elizabeth are sisters and are also sisters of Warren Jeffs.

Carolyn testified that Mary was happy to be married to Raymond until he was given a second wife and moved out of the master bedroom.   Then she was miserable.

Carolyn’s testimony never gained much momentum because of all the objections.   It’s hard to say what effect this testimony had on the jury — Stevens successfully disrupted the testimony, but in the process irked the jury.  The only cross- examination question elicited the information that Carolyn was from 6 generations of polygamists on her mother’s side.    The defense likely determined that Carolyn’s testimony was not terribly damaging to Raymond, and there was no need for many follow up questions.

Dr Larry Beall was the next witness for the State.   He is a psychologist who specializes in trauma caused by “cult abuse.”    Brandon Hudson asked for an instruction that Dr Beall not use the word “cult” but the request was denied.    Dr Beall’s testimony was informative and damaging to Raymond.    He talked about the effect of sexual assault on adolescent females in polygamous cults.   He testified about the coercive nature of such communities and the lack of brain development in young girls and the inability to form mature and rational judgments in the adolescent years.    This testimony was apparently elicited for the purpose of dispelling the fiction that Janet “consented” to underage marriage or sexual relations at age 15

Becky Musser testified next, and she was an outstanding witness.   She was very poised and measured and knowledgeable.   She authenticated marriage records, family group records and priesthood records showing the marriages of Raymond to his nine wives, Raymond’s whereabouts in the relevant time period, among other things.   Becky explained aspects of FLDS life to the jury, and she was very clear in her presentation that girls have no choice and no control and no opportunity to think for themselves in the FLDS community.   The defense did not cross-examine her, probably because anything they could have asked would have  opened the door for further damaging testimony against Raymond.   Becky also identified Raymond’s nine wives by name, as shown in a picture of all nine of them lined up side by side.

The final witness for the State was Ranger Nick Hanna, who is obviously accustomed to testifying and presents himself very well.   Nick authenticated and read from various priesthood dictations and records that were not admissible in the guilt/innocence phase of the trial.   The most damaging testimony was portions of dictations that: 1.  described Janet “struggling” in labor for three days and all of the adults around her, including Raymond, refusing to take her to the hospital because it would get Raymond in trouble, and 2. recounted instances where Raymond served as Warren’s decoy in a caravan when Warren was on the 10 Most Wanted List.    Many objections from the defense, all overruled.

The defense called four or five witnesses who were all people from around Eldorado and San Angelo — they were all people for whom Raymond had done construction work, and none of them had known him before June of 2009.    None of them had any idea what his life was like at the Ranch or how many wives he had or anything else.   They did all testify that he was nice and he was an honest worker.   Truth be told, this was about as well as the defense could do and this testimony might have an effect on the jury.   Seeing other “normal” people in the community saying nice things about Raymond will make it easier for the jury to soften a little.

The jury was excused at about 8:00 PM and the attorneys met in chambers for their “charging conference.”   They were finished by about 9:30.

Tomorrow, closing summations will begin at 9:30 AM.   Each side gets 30 minutes.   Each side will have two attorneys use 15 minutes each.     Then the jury is given its charge and deliberations begin.   The range of sentences for sexual assault of a child is 2-20 years.   If the jury sentences Raymond to 10 years or less, they must also consider whether Raymond is a good candidate for probation.   If Raymond is sentenced to 20 years, he will have to serve at least 10 years day for day with no credit for “good time.”   After 10 years he would become parole eligible, but it is not mandatory — he would have to continue meeting with the parole board  until he is granted parole or until his sentence is complete.

Stay tuned…..