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FLDS GRAND JURY TAKES NO ACTION, YET

Jun 27 2008
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Houston Criminal Defense Attorney Discusses Latest Developments in FLDS case and the Beginnings of a Grand Jury Investigation

A West Texas grand jury sitting in Schleicher County heard testimony from a few of the dozens of witnesses subpoenaed to testify concerning allegations made by the Attorney General’s Office that members of the Fundamentalist Church of Jesus Christ of Latter Day Saints forces underage girls into “spiritual marriages.”

The grand jury probe stems from the April 2008 military-styled raid on the Yearning for Zion Ranch in Eldorado during which the State’s Child Protective Services and law enforcement authorities, including the Texas Rangers, forcefully seized custody of the 467 children – two-thirds of whom were five years of age or younger – and placed them in state foster care. CPS officials immediately began issuing irresponsible public statements and leaking erroneous information to the media that dozens of the teenage girls had been impregnated through forced spiritual marriages, had been subjected to other forms sexual abuse, and that other children had been subjected to physical abuse.

During hearings conducted in mid-April before San Angelo County District Court Judge Barbara Walhter, CPS paraded into court with a number of witnesses carrying volumes of documents who could not substantiate a single incident of either sexual or physical abuse. That a state agency would conduct itself in such an incompetent manner was disturbing enough but that a state court judge would permit its court to be turned into a carnival venue for such a spectacle was nothing short of astonishing.

Two courts of review – the Third Circuit Court of Appeals and the Texas Supreme Court – agreed. They reversed Judge Walhter’s ruling that upheld CPS’ decision to place the children in state foster care. The two appellate courts in May ordered the FLDS children returned to their parents. The decisions were not only a rebuke of CPS’ handling of the case but they were also a reasonable, rational reinforcement of the natural parent-child relationship so honored in the State of Texas throughout its storied history.

But the forces of social engineering who favor state control of every facet of family and religious training were not about to graciously accept defeat. The Attorney General’s office and law enforcement authorities intensified their efforts to get children to turn against their parents by confirming their manufactured sexual abuse allegations. One court-appointed attorney, Natalie Malonis, who represents the 16-year-old daughter of imprisoned FLDS leader Warren Jeffs, went to the unprecedented extreme of applying for, and securing from Judge Walhter, a restraining order against FLDS spokesman Willie Jessop. The attorney charged that Jessop had been intimidating her client, Teresa Jeffs, against cooperating with the authorities trying to build a case against FLDS members.

Teresa Jeffs was incensed with Malonis who was clearly operating against the interests of her client. “I have asked her many times to please step aside,” Jeffs told Associated Press following the issuance of the restraining order. “I need more help. I want my attorney to listen to me.”

Malonis sought the restraining order after investigators from the Attorney General’s Office were unable to locate young Jeffs to serve her with a grand jury subpoena. Claiming publicly that she believes her client has been the victim of sexual abuse, Malonis has obviously joined ranks with those forces bent on destroying the FLDS. Writing in a June 24, 2008 blog posted on the FLDS website “The Truth Will Prevail,” Donald Richter pointed out that Malonis appeared on CNN’s Nancy Grace Show three times in May. Malonis was joined on two of the shows by Carolyn Jessop and Flora Jessop, both whom are ex-FLDS members who have waged a bitter crusade against the church. During her appearances on Nancy Grace, Malonis did not represent the interests of her client but rather defended the actions of CPS and Judge Walhter. The following exchange was taken from CNN’s transcript of the Nancy Grace Show which aired May 29, 2008:

GRACE: “Natalie, when you heard the ruling sending – about sending about 150 of the children back, what was your immediate reaction?”

MALONIS: “I was very surprised. I was very surprised to initially hear the ruling. Once I read the opinion, this is really a very middle-of-the-road opinion. And I’ll say this. I don’t think any of the children are going back to the compound right now, and maybe never.”

GRACE: “So you say right now. You say right now. This is a blow to the state. They are saying.”

MALONIS: “It is.”

GRACE: “… they can get these children back, that there could be additional hearings, there could be additional orders. But the reality is, they are saying Child Protective Services exceeded their authority, they acted too broadly, and they are sending the children back.”

MALONIS: “Well, actually that’s not what it says. This is.”

GRACE:  “Explain to me.”

MALONIS: “OK. This order has to do with what the trial court did.

GRACE: “Right.”

MALONIS: “And it’s not say that – it is not saying that CPS was not justified in their initial actions. It’s saying there was not enough evidence at the 14-day hearings to keep every one of these – children in custody. What I expect to happen now is, I think, CPS and the state is going to get – there’s a lot of evidence that was not present in April because it was not available. It was under seal, being reviewed by special masters. There’s a lot of evidence that’s available now that wasn’t back in April. And I expect them to – for CPS to be going through this evidence and to call out evidence relating to particular children and I think there are going to be additional hearings. I think a lot of these kids are going to remain in custody, you know, if there’s evidence.”

While Malonis has stated publicly that she is protecting the interests of Teresa Jeffs, the position taken by the attorney on Nancy Grace cast serious doubt on that contention. Teresa Jeffs has repeatedly told Malonis that she was not a victim at the FLDS compound and was never forced into a spiritual marriage, so why would Malonis appear on Nancy Grace with Carolyn and Flora Jessop towing the CPS anti-FLDS line? Malonis was appointed to represent the interests of Teresa Jeffs – not the interests of CPS or the interests of those with a political agenda to destroy the FLDS.

Both Malonis and Judge Walhter are now under police protection. The Washington County, Utah, sheriff’s office has circulated photos of FLDS members they suspect of being “enforcers” who might cause harm.

“There are many individuals who are willing to give up their life for the cause and you can never underestimate what a religious fanatic is capable of,” said an e-mail obtained by the Salt Lake City Tribune from the Washington County sheriff’s office.

The “religious fanatic” reference in the e-mail reflects the professional bias many in law enforcement have against the FLDS. It reflects a law enforcement paranoia that the FLDS is engaged in some kind of religious jihad against those who oppose the church. A Salt Lake City attorney named Rod Parker, who represents the FLDS, dismissed this law enforcement concern, saying:

“When have they ever seen an act of intimidation or violence against law enforcement from the FLDS community at all, ever? Parker told the Tribune. “Before they start spreading those kinds of rumors, they ought to be able to ID an example of them ever doing that in the past.”

Texas FLDS spokesman Willie Jessop was equally succinct: “Washington County officials do not let the facts get in the way of a good story. These are the types of paranoid allegations that can hurt a lot of innocent people if they are allowed to go unchecked.”

What is tragic about the so-called “threats” and allegations of “fanaticism” is that there have been scores of physical and legal threats leveled against the FLDS, and those out to destroy the church have engaged in public conduct that, at a minimum, can only be described as “fanatical.” It must be remembered that this entire case began with anonymous telephone calls by a lying religious fanatic to a “crisis center” who has a fanatical view of the FLDS.

It is poignantly ironical that the very day the Texas Attorney General’s Office was trying to compel children to testify against their parents on “trumped-up” sexual abuse allegations the FBI announced scores of arrest of pimps who forced children into prostitution. Dubbed “Operation Cross Country,” federal law enforcement officials said they rescued 21 children who had been forced into prostitution. These same authorities said they arrested 345 people – including 290 adult prostitutes (most of who had turned to prostitution as children) – in 16 cities, including Houston, who, allegedly, were part of “organized networks of pimps” that preyed on what authorities called social “thrown-aways.” FBI Director Robert Mueller said that since 2003, 308 pimps and prostitutes have been convicted in both state and federal courts of forcing children into prostitution. The nation’s top law enforcement said some 433 child victims were rescued during that period.

The contrast between “Operation Cross Country” and the FLDS “operation” is striking.  It is likely that during the Cross Country investigations that law enforcement authorities had real reason to believe underage children were being sexually and physically abused while the investigation was underway. Investigators most likely compiled video surveillance and collected reliable information that “children” in a specific location – whether in a massage parlor or on a street corner – were being prostituted. Yet the agents waited, allowing the physical and sexual abuse to continue while they further investigated and built their cases.

But in the FLDS case, law enforcement authorities – operating with nothing more than second-hand hearsay based on anonymous telephone calls from a mentally deranged person – armed up with enough military-styled firepower to take on a violent drug cartel, raided a “religious compound” where there was absolutely no evidence of physical or sexual abuse taking place.

To this day, there has not been an iota of evidence presented in a courtroom that a single child was the victim of either physical or sexual abuse at the YFZ Ranch. Whatever evidence or testimony the grand jury heard on June 24, 2008 was not enough to warrant any immediate indictments. The grand jury reportedly will resume hearing testimony and taking evidence in the case on July 22, 2008.

In the meantime, the interests of justice would be served if attorneys like Natalie Malonis would stop making statements contrary to their client’s instructions and interests on shows like Nancy Grace and devote their legal skills and resources to returning the lives of the innocent FLDS parents and children to normal. The interests of justice are never served by those operating with a political or social agenda. Justice has only one interest: justice. While justice is not a concept susceptible to precise definition, every individual knows what it is when he or she sees it. There has been too much social and political fanaticism associated with this case – and it’s time for Judge Walhter to reign it in and conduct whatever “hearings” before her in a legal and judicious manner.

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    Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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    Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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    Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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    Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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    One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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    Im impressed. This guy was polite and professional and most important...he listened.
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    Good experience and very good lawyer
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    John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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    One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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    He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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    Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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    Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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    He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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    He was very truthful and honest with us very great man I would recommend him and we would use him again
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    Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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    This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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    He explained my case better then any other lawyerPositive
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    Very informative
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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