SAN ANGELO Texas
A court hearing to decide the fate of the 416 children swept up in a raid on
a West Texas polygamous sect descended into farce Thursday, with hundreds of
lawyers in two packed buildings shouting objections and the judge struggling to
maintain order.
The case clearly one of the biggest, most convoluted child-custody hearings
in U.S. history presented an extraordinary spectacle: big-city lawyers in suits
and mothers in 19th-century, pioneer-style dresses, all packed into a courtroom
and a nearby auditorium connected by video.
At issue was an attempt by the state of Texas to strip the parents of custody
and place the children in foster homes because of evidence they were being
physically and sexually abused or in imminent danger of abuse by the
Fundamentalist Church of Jesus Christ of Latter Day Saints, a renegade Mormon
splinter group suspected of forcing underage girls into marriage with older men.
As many feared, the proceedings turned into something of a circus and a
painfully slow one.
By evening, only three witnesses had testified, including state child welfare
investigator Angie Voss, who said women may have had children when they were
minors, some as young as age 13.
At least five girls who are younger than 18 are now pregnant or have
children, Voss said.
No decisions had been made on the fate of any of the youngsters, and the
hearing was to continue Friday.
Additional details on life at the ranch began to emerge as Voss testified.
She said that if one of the men fell out of favor with the FLDS, his wives
and children would be reassigned to other men. The children would then identify
the new man as their father. Voss said that contributed to the problem of
identifying children's family links and their ages.
Texas District Judge Barbara Walther struggled to keep order as she faced 100
lawyers in her 80-year-old Tom Green County courtroom and several hundred more
participating over a grainy video feed from an ornate City Hall auditorium two
blocks away.
The hearing disintegrated quickly into a barrage of shouted objections and
attempts to file motions, with lawyers for the children objecting to objections
made by the parents' attorneys. When the judge sustained an objection to the
prolonged questioning of the state trooper, the lawyers cheered.
Upon another objection about the proper admission of medical records of the
children, the judge threw up her hands.
"I assume most of you want to make the same objection. Can I have a
universal, `Yes, Judge'?" she said.
In both buildings, the hundreds of lawyers stood and responded in unison:
"Yes, Judge."
But she added to the chaos as well.
Walther refused to put medical records and other evidence in electronic form,
which could be e-mailed among the lawyers, because it contained personal
information. A courier had to run from the courthouse to the auditorium
delivering one document at a time.
"We're going to handle this the best we can, one client at a time," Walther
said.
Little evidence had been admitted; the first attempt resulted in an hourlong
recess while all the lawyers examined it. The rest of the morning was spent in
arguments about whether to admit the medical records of three girls, two
17-year-olds and one 18-year-old.
Department of Public Safety Sgt. Danny Crawford testified to DPS's discovery
of a church bishop's records taken from a safe at the ranch that listed about 38
families, some of them polygamous and some that included wives 16 or 17 years
old. But under repeated cross-examination, Crawford acknowledged the records
contained no evidence of sexual abuse.
The sect came to West Texas in 2003, relocating some members from the
church's traditional home along the Utah-Arizona state line. Its prophet and
spiritual leader, Warren Jeffs, is in prison for forcing an underage girl into
marriage in Utah.
Voss testified that through their interviews with girls at the ranch,
investigators believed there was a pattern of underage girls given in marriage
to older men.
Voss said that if the prophet told the girl to marry or to lie the girl would
do as instructed.
"If the prophet told her to lie she would because the prophet received all
his messages from the Heavenly Father," Voss said.
State officials asked the judge for permission to conduct genetic testing on
the children and adults because of difficulty sorting out the sect's tangled
family relationships and matching youngsters with their parents. The judge did
not immediately rule.
Amid the shouting and chaos among the lawyers, who came from around Texas to
represent the children and parents free of charge, dozens of mothers sat timidly
in their long cotton dresses, long underwear even in the spring heat, and
braided upswept hair.
In the satellite courtroom, hundreds of people strained to see and hear a
large projector set up on the auditorium's stage. But the feed was blurry and
barely audible.
"I'm not in a position to advocate for anything," complained Susan Hays, the
appointed attorney for a 2-year-old sect member.
Outside, where TV satellite trucks lined the street in front of the
courthouse's columned facade, a man who said he was an FLDS father waved a photo
of himself surrounded by his five children, ranging from a baby to a child of
about 9.
"Look, look, look," the father said. "These children are all smiling, we're
happy."
Walther signed an emergency order nearly two weeks ago giving the state
custody of the children after a 16-year-old girl called an abuse hot line
claiming her husband, a 50-year-old member of the sect, beat and raped her. The
girl has yet to be identified.
Authorities raided their compound April 3 in the nearby town of Eldorado a
1,700-acre ranch with a blindingly white limestone temple and log cabin-style
houses and began collecting documents and disk drives that might provide
evidence of underage girls being married to adults.
The children, who are being kept in a domed coliseum in San Angelo, range in
age from 6 months to 17 years. Roughly 100 of them are under 4.
FLDS members deny children were abused and say the state is persecuting them
for their faith.
The judge must weigh the allegations of abuse and also decide whether it is
in the children's best interest to be placed into mainstream society after they
have been told all their lives that the outside world is hostile and immoral.
If the judge gives the state permanent custody of the children, the Texas
child services agency will face the enormous task of finding suitable homes. It
will also have to decipher brother-sister relationships so that it can try to
preserve them.
Over the past two weeks, the agency has relied on volunteers to help feed the
children, do their laundry and provide crafts and games for them.
Gov. Rick Perry would not say how much the case is costing the state, but
said: "Does the state of Texas have the resources? Absolutely we do."
Associated Press writer Jennifer Dobner in San Angelo, Angela K. Brown in
Fort Worth, and Linda Stewart Ball in Grapevine, Texas, contributed to this
report.
Copyright 2008 Associated Press