Court rules against polygamist raid

The whole operation was nothing but a witch-hunt -- resulting in State-perpetrated child-abuse - B

TEXAS overstepped its authority when it removed some of about 460 children from a polygamist compound last month, a state appeals court ruled today. The ruling is the latest twist in an unfolding saga that has riveted Texas with lurid tales of adolescent brides, teen pregnancies and a secretive religious sect following its faith in a dusty corner of the state.

Texas Child Protective Services and heavily armed police units last month raided the isolated compound in west Texas and removed the children in response to allegations of abuse. But the appeals court said that the state had not proven that the children were in immediate physical danger, and therefore were improperly separated from their parents. [quite right] "The department ... failed to establish that the need for protection of the children was urgent and required immediate removal of the children," the court said.

While the opinion covers the children of only 48 mothers, a lawyer said that the ruling will likely apply to all of the children, most of whom are in foster homes across the state. "Essentially this decision from the Third Court of Appeals said that Child Protective Services had absolutely no evidence that would justify them going in there and removing these children from this household," said Cynthia Martinez, who represents 48 of the mothers whose children were removed.

The appeals court opinion gives a lower court, which initially approved the state's actions, 10 days to act. "We just received this information from the Court of Appeals and it is being reviewed. We are trying to assess any impact this may have on our case and decide what our next steps will be," the Texas Department of Family and Protective Services said.

The compound is run by followers of jailed polygamist leader Warren Jeffs. They belong to a renegade Mormon sect known as the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS). The mainstream Church of Jesus Christ of Latter-day Saints renounced polygamy over a century ago and is at pains to distance itself from splinter groups such as the FLDS that continue to practice plural marriage.

FLDS men typically marry one legal wife while those who follow are "spiritual wives". This makes those women single in the eyes of the state which can entitle them and their children to various welfare benefits. FLDS communities usually keep to themselves and lead austere lifestyles. The girls and women wear 19th century-style pioneer dresses and are taught from an early age to obey men.

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Raissi update

Previously mentioned here as a case of disgraceful police lies on Feb. 16th

The Ministry of Justice has been refused permission to appeal against a ruling that it should compensate an Algerian man wrongly jailed for five months on suspicion of training one of the September 11 hijackers. The Appeal Court ruled said earlier this year that Lotfi Raissi, 33, had been “completely exonerated” and heavily criticised the conduct of the Metropolitan Police and the Crown Prosecution Service.

Jack Straw sought leave to appeal to the House of Lords but was refused. Mr Raissi said: “There can be no more appeals and no more excuses. The courts have held that I was the victim of a miscarriage of justice at the hands of the police and CPS. Jack Straw should accept the decision of the courts and offer me the long-awaited apology I have asked for.”

Mr Raissi, who is from Chiswick, West London, was qualified to fly Boeing 737 jets and was 27 at the time of his arrest. Compensation based on lost earnings for the rest of his career could run to £3 million.

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(And don't forget your ration of Wicked Thoughts for today)