The fact they can not find the 16 year old who made the phone call could spell legal trouble for the case. This from ABC News:
As authorities continue to search for the 16-year-old girl who made the cry for help from a polygamous compound, legal experts say the legal basis for the Texas officials' raid may not hold up in court if they cannot locate the accuser.
"That 16-year-old is the linchpin for probable cause. She is the reason they said they had cause to go in and do this search. If that is not present, if they can't establish probable cause, then everything they gathered in the search will likely be suppressed," said legal analyst Jonathan Turley today on "Good Morning America Weekend."
He added, "They will not be able to bring criminal charges. They can even be sued for that search."
A custody hearing next week about the 416 children who were seized from the Fundamentalist Church of Jesus Christ of Latter-day Saints ranch will question whether the state can legally justify its search of the religious compound.
"You can't hold over 400 children and keep them from their parents unless you can establish that those parents are directly linked to a criminal allegation or abuse," said Turley, a professor of law at George Washington University who has written about polygamy.
To prosecute the other families and children, authorities may have to assume they were all accused.
Turley said making such an assumption would be "a serious problem as they go forward. The court will give the state a fair degree of deference in protecting children initially, but that deference quickly evaporates with time. ... You can't say they're all vicariously guilty because they belong to a certain religion."
The defense will likely argue that authorities have equated polygamy with child abuse and used that as the basis for the raid.
"They can't say they're going to raid every polygamous compound. That's like going into every Catholic Church and talking to every altar boy because some priest committed a crime. There's nothing in polygamy that requires a child abuse or child rape."
"Warren Jeffs, in his cult-like operation, were extremists, from what I can see ... but this country has had a very difficult time with polygamy, some of us seriously question whether it is constitutional to outlaw polygamy without having proof of abuse of children," Turley said.


0 comments:
Post a Comment