Kaufman CPS Court- One Experience
I haven't contributed to the blog discussion on the West Texas Polygamy raids because I know very little that is not on CNN. However I have dealt with CPS in Kaufman County and in East Texas
I had a contested hearing on a removal by Kaufman CPS. I am not sure if this experience is reflective of all CPS cases in Kaufman. However, I was taken aback by the process.
For starters the CPS attorney referred to me as a National Socialist German Workers Party member. My "Nazi" actions were to have a contested hearing challenging a CPS removal and then actually filing discovery (which was disallowed). I couldn't believe that CPS could take children from their parents and the parents could be denied the ability to learn anything about the removal through discovery.
The contested hearing featured a constant running dialogue/objection from the CPS attorney. I have never had opposing counsel simply talk the entire time during my questioning. It was surreal.
It seemed that CPS started with a conclusion (the parents are bad and must be rehabilitated) and then ignored all evidence to the contrary. If the parents want their children back they must enter "the program" of CPS supervision and classes.
I will not be surprised if the polygamy raids fall apart for lack of evidence. I expect CPS and law enforcement to hold these children hostage until the parents "cooperate" to get their children back. There are serious problems with child abuse in Texas. However, government needs to be accountable for taking children away from parents.
On the Arrogance of Government
The "tip" that led to the polygamy raid has turned out to be false. On the TDCAA message board "RTC" remarked that law enforcement should have done a better job investigating before sending in the SWAT team to take 400 children away from their parents.
Williamson County DA Jon Bradley quickly responded with his typical Statist apologetics.
For the benefit of any law enforcement officers who may frequent this web site, please understand the preceding post does not represent the opinion of TDCAA or prosecutors in general. The poster's identity is anonymous but, based on his previous postings, is likely not a prosecutor or even someone involved in law enforcement.He probably sees no irony in the rather cowardly way he has stated an unsupported conclusion (i.e., that law enforcement somehow failed in their initial duty to investigate) and left his identity a secret to avoid being mocked and identified publicly as a silly finger-pointer who hates law enforcement for no better reason than it makes him feel better about himself.
According to Mr. Bradley questioning an unjustified SWAT raid makes one "a silly finger pointer". There seems to be no circumstance under which Mr. Bradley can question any aspect of government action.
I am sure that Mr. Bradley's rhetoric has a lot to do with making himself feel better. After all he spends his days destroying lives to further Prohibition. That would make a normal person feel pretty bad.
John Adams helps breaks down Mr. Bradley's myopic views-
Power always sincerely, conscientiously, de très bon foi, believes itself right. Power always thinks it has a great soul and vast views, beyond the comprehension of the weak.

Comments
Bradley and the other Williamson County prosecutors who post on that site can bring hours of entertainment if you like reading the drivel of statist idiots. They are worth ignoring, but given his accusation of the other writer being afraid to reveal his identity, I think I'll go back on that stupid site and back him up. Complete with name, address, phone #, email, etc.
Posted by: Don Foard | April 19, 2008 6:15 PM
I am very happy to find a fellow Texas attorney who uses the word "Statist", links to Lew Rockwell and who sees CPS for what it is. The FLDS case is keeping me up at night it is so appalling.
I am not a criminal attorney, so I have been wondering something about the search warrant. What is does the case law say about issuing a search warrant on something as flimsy as an anonymous telephone call?
Posted by: Jerri Lynn Ward | April 20, 2008 4:21 PM
Jerri,
Thanks for reading. There is much I am not clear about in the YFZ case.
If this was a CPS investigation then they can go in and investigate under a different standard than a criminal search warrant.
I'm not sure what this botched raid was supposed to be.
RG
Posted by: Robert Guest | April 20, 2008 4:38 PM
Robert,
My understanding is that they initially went in under a criminal search warrant due to the fake phone call. Then, they obtained emergency orders for removal based on affidavits from the Texas Rangers and CPS that there were married, pregnant underage girls at the ranch. However, the only evidence that was put before the court was that only girls 16 and above were married and pregnant--not underage girls.
Of course, as you point out, the removal of the children cannot be challenged because of an unlawful search warrant. However, as you may know, AG Abbott threatened the women with arrest for polygamy in retaliation for the women giving interviews. This is why I am wondering about the initial search warrant.
Posted by: Jerri Lynn Ward | April 20, 2008 4:56 PM
This whole problem shows the arrogance of law enforcement and CPS. What happened to civil liberties in this country? It seems to me if law enfrocement wnats to get you they will and can without regard for our rights and even the law. A sad situation for all.
Dennis
Posted by: Dennis | April 25, 2008 8:51 PM
This whole problem shows the arrogance of law enforcement and CPS. What happened to civil liberties in this country? It seems to me if law enfrocement wants to get you they will and can without regard for our rights and even the law. A sad situation for all.
Dennis
Posted by: Dennis | April 25, 2008 8:52 PM