Texas Court Sees No Evidence of Abuse

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 Here is the Opinion of the Texas Court of Appeals holding that the Department of Family Services failed to meet its burden in showing that the 468 children seized from their mothers were in imminent danger of suffering abuse. While the media reports of the living conditions at the compound seemed to suggest a clear case of the state acting appropriately, the actual evidence the state introduced to justify its extraordinary action was pencil thin at best. This included the following:

a)      only five of the female children seized were pregnant or had delivered a child and there was no evidence introduced that any pregnancy was the result of a forced marriage or coupling;

b)      there was no evidence of abuse of any of the male children seized;

c)      there was no evidence that any of the infant, preschool, or preteen girls had suffered or were in imminent danger of suffering abuse; and

d)      the much publicized initial phone call was apparently a hoax.

    The numerous Texas attorneys who volunteered their time to represent the children against the state performed a noble service to the community and the profession. Now if only that same crew could work toward slowing down or eliminating the state’s capital punishment killing machine.

Alan Milstein

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This page contains a single entry by sskrplaw published on May 23, 2008 10:35 AM.

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