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A court hearing to decide the fate of 416 children swept up in a raid on a polygamous sect collapsed into farce yesterday, as the judge struggled to keep control of hundreds of lawyers.
The case, which is believed to be one of the most complicated child-custody hearings in legal history, centres around the attempt by Texas state authorities to place the children of the Fundamentalist Church of Jesus Christ of Latter Day Saints in foster homes after widespread allegations of physical and sexual abuse.
Authorities raided the sect’s 1,700-acre compound on April 3. They seized the children and collected documents and disk drives that allegedly provide evidence of underage girls being married to adults.
The trial’s first day saw lawyers and the mothers of the children, dressed in 19th century clothes, spilling out of the crowded courtroom into a nearby auditorium connected by video.
Only three witnesses testified, including Angie Voss, a state child welfare investigator. Ms Voss told the court that the sect permitted women to have children as young as 13.
At least five girls younger than 18 were pregnant or have children, Ms Voss said. She added that if a man fell out of favour, his wives and children would be reassigned to another sect member.
Judge Barbara Walther struggled to keep order in front of the 100 lawyers packed into the 80-year-old courtroom. Several hundred more were jammed into the auditorium two blocks away.
The hearing quickly disintegrated into a barrage of shouted objections and attempts to file motions. 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.”
“We’re going to handle this the best we can, one client at a time,” Judge Walther said.
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.
Ms 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. She 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,” Ms Voss said.
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 dressed in long cotton dresses sat timidly in the spring heat, braiding their upswept hair.
Outside, TV satellite trucks lined the street in front of the courthouse’s columned façade. A man claiming to be a father from the sect waved a photo of himself surrounded by his five children, ranging from a baby to a child of about 9.
“Look, look, look,” he said. “These children are all smiling, we’re happy.”
Judge Walther signed an emergency order ten days 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.
The case continues.
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I think you all missed the point. They are entitled to their beliefs. They may not agree with your lifestyle, but they don't try to get you to comply to theirs. As long as they follow the law, I say leave them alone. The call was a hoax, and the charges laid were from another state. CPA shame on u!
Bud, Chilliwack, Canada
For me there are many problems with this situation. First, religious groups must comply with the laws of the land.Second, the government actors need to also follow the proper precedures in applying the laws. Travisties are not an excuse to commit civil rights violations. Texas could be in trouble.
Michael, Texas,
I am disgusted that such a misogynistic sect has been operating in this country for so many years. They have Government contracts, tax exempt status, all for what, legalized subsidized child abuse. How can anyone in the world look to the US as shining light when this filth is operating in the state our president calls home.
i pray that these poor children are given proper loving upbringing, and the misguided women of the sect be granted good councling and i pray that these monsters are locked up where they belong behind bars not behind the guise of xians.
damian alexander, somerville , ma
I think this polygamist crap is ridiculous and wrong. I think these men and women should all be in jail. Even if 416 kids won't see their parents again, if they're doin what has been allegedly said they don't need to see their parents ever again.
Kalie Davis, Burnsville, US
thats not the point here. Yes kids do have sex younger than 18 but its still AGAINST THE LAW. "God" has no part in the rules of earth. If God tells you to kill someone and you do so, you will be dealt with on Earth, and go to "God" where if he truly told you to do so he will reward you. You can NOT believe that some unknown power has control over the governing of the earth. I honestly believe that Texas did the right thing by taking those kids away and by stopping the brainwashing, and to all those who feel that Texas did anything wrong, i ask you if this were happening in your neighborhood would you feel the same way?
Victoria , Enfield,
One might also wonder how many under 18 are being forced into sexual relationships through religious brainwashing with men twenty years their senior, while being taught that their place in life is as a DNA photocopy machine.
A pregnant 13 year old is a tragedy. Not a religion.
Take away the religion and you have a prostitution ring run by men who have gone back to the longstanding tradition of taking advantage of women through denying them education and identity, and then blaming god.
Mandi, Austin, Tx
probably a lot of them have had sexual relations,but how many have been having them with older men because they fear they won't go to heaven if they don't?
jo , evansville, in
Don't blame it on Texas! Every state has crazy people! We just have more space for the crazies to build ranches...
Racehl , Austin, TX
I live in the Caribbean and some are inclined to believe that we are still living in the dark ages. We are very aware that this type of behaviour is horrific and perverse by these men. Yes we can not begin to imagine living the way they do and believign in the things they do but at the same time the law is indeed the law and i agree with Karen from Kentucky that havign sex with underaged kids is ILLEGAL where ever you live!!.
Mr Joe from sunnyville yes they are cases where girls underaged are having sex but do they parents know? AND if their parents know and child services find out arent they charged for endangerig their child? If you had a daughter havign sex while she was under 18 i'm sure you would hit the roof and would want to take matters into your own hands!
This entire situation is crazy and it shows the level that people can be enslaved and manipulated. it is unfortunate that they see us as the enemy but i hope this court suite wake up and think about their kids.
Michelle, Barbados,
While this is a terrible and appalling situation perhaps some Americans would mind commenting on the contradictory nature of their sex laws. It is still permitted for minors of 14 and even 13 years of age to marry with parental consent in some States. Presumably if this affair had happened in South Carolina or New Hampshire the kids would have got the parental consent they needed! However the age of sexual consent goes up to 18 in many States which is a bit unrealistic to say the least. Though it is a highly sensitive matter, if you look at the look at the historical, geographical and cultural side of this issue you will find that some of the modern rules we apply in the Western world are somewhat artificial.
David, S London, UK
The last time I checked being married to more than one person is illegal, having sex with minors is illegal and so are many other things these people are doing. These are grown men in relationships with children which makes them sex offenders. People are prosecuted every day in this country for that. These people are breaking dozens of laws yet nothing has been done about it; till now. The state of TX did the right thing by getting these children out of their abusive situations. If left there, these children will also grow up thinking these practices are o.k. I am horrified by this situation and that these child molestors haven't been brought to justice sooner. I APPLAUD TEXAS FOR TAKING ACTION. Anyone else in this country would be prosecuted for what is being done to these young girls/boys and members of the FLDS should be also.
Karen, Florence, Kentucky
An anonymous phone call from a girl that has yet to be found results in taking over 400 kids away from their parents. Is Texas part of America?
I wonder: in a group of 400 kids selected at random from any city in the US, how many of the girls under 18 have had sexual relations?
Joe, Sunnyvale,