Order Denying Motion to Suppress 10-2-09

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~ by FLDS TEXAS on October 2, 2009.

13 Responses to “Order Denying Motion to Suppress 10-2-09”

  1. Thanks for posting this document. The motion to suppress consolidated 19 separate causes, I suppose from all 12 men who have been charged with various offenses. Interesting that none of them chose to testify but only to present affidavits through their attorneys. The Court found that the defense did not present credible evidence that LE acted improperly in obtaining search warrants for YFZ Ranch. Very helpful to be able to see the facts and the judge’s ruling laid out plainly.

  2. Thanks so much, FLDS Texas!

  3. is it possible to get a copy of the order on the motions in limine to find out which of raymond’s bad behavior will be brought up?

  4. I dont think an order was issued yet, at least not a written order. I heard that Raymond’s response to the 404 notice was rejected.

  5. so that means that the fact that he had all those bad acts can be brought up in the punishment phase, right?

  6. I knew that one day this would come back to bite the FLDS and their attorney’s in the butt. From this document”

    ***
    #61. The Court finds that during the evidentiary hearing on Defendants’ Motion cousel for Defnadants acknowledged that the picture that Defandants had attached as Exhibit 1-E of the Joint Consolidated Motion to Suppresswas attached to the Motion without having been Authenticated as being related to this matter. In fact, Exhibit 1-E is a photograph taken during the course of an unrelated drug arrest that occurred outside of the State of Texas. The Court further finds that defendant’s attorney attempted to withdraw said photograph after they confirmed that it was not related.
    ***

    Their LYING comes home to roost!

  7. LadySadie,

    Amazing, I caught that one right off the bat!! Talk about underhanded by Defendents and their attorneys!!

  8. Here’s a dumb question—I should probably remember this—but how did Dale Evans Barlow know Sheriff Doran was looking for him? Did he ever contact LE within 30 minutes of his phone call, or are his exact whereabouts at that time unknown?

    By including factual finding # 61 (that defense counsel tried to pass off a photo of a North Carolina drug bust as having been from the raid at YFZ Ranch) the judge has assured that future appellate courts will know about it too.

  9. gfny – I’m sure others know more about this than I do, but I believe the FLDS that met the LE at the gate handed Sheriff Doran a cell phone and stated Dale Barlow was on it.

    The Sheriff asked him to report to a law enforcement officer within 30 minutes, and from what I’ve read he did not.

    Hope that helps

  10. “The Court found that the defense did not present credible evidence that LE acted improperly in obtaining search warrants for YFZ Ranch.”

    It was probably easier for her to make that finding in the light of the admission by the FLDS attornies that they didn’t actually have any evidence. lol

  11. “Did he ever contact LE within 30 minutes of his phone call, or are his exact whereabouts at that time unknown?”

    I’m not sure how he knew they were looking for him (I’m guessing a call from Merrill.) but no, he didn’t go to the LE that were 30 minutes from him. I believe he wanted to go to Short Creek LE but the rangers weren’t too sure they could trust them to actually tell the truth about who was presenting himself as Dale Barlow. (I wonder why?)

  12. If that’s the case, Miele, then from the viewpoint of Sheriff Doran, this alleged Dale Evans Barlow could have been anywhere. Not to mention that there could easily be more than one Dale Evans Barlow. I expect that Deputy Dog could find me fifteen of them before she takes her first soda break of the day.

    And it matters not a whit. The point was to find Sarah Barlow, not to argue the case at the gate before a jury of the FLDS.

  13. I heard that Goldstein, Wright and Stevens where really shaken up at that the motion to suppress was denied. If fact, they were so shook up that as they left the courthouse they walked away from the FLDS camera man. Merril, Wendel and Raymond followed the lawyers down the steps and then realized they weren’t walking toward their cameraman. The lawyers stayed to the west of the courthouse under the shade for a consult with each other.
    The FLDS turned around confused and all walked pass the cameraman to the east. Wendel gave the camera man a hug as he walked by. Willie came out all by himself. The lawyers finally came over to the east side of the courthouse for a pow wow. It was an odd scene to watch. It really ruined their day.

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