The appeals court decision re the Texas raid was predictable and there's a big fat

[cali]

precedent. I know quite a bit about it because I was tangentially involved in the raid. Here's an exerpt about the raid on what was then the Northeast Kingdom Community Church and is now called The Twelve Tribes:

<snip>

"At the same time, news of the sometimes alarming behavior of religious cults frightened residents. For some, the Northeast Kingdom Community Church looked unnervingly like the People's Temple, whose nearly 800 members committed mass suicide in Jonestown, Guyana, in 1978.

By 1984, the chorus of concerns about child abuse, combined with a number of highly publicized complaints filed against church elders, brought the state to a watershed. Then-Gov. Richard Snelling found himself in a fix. After days and days of debate, Snelling approved the raid.

"He was uncomfortable with it," said the late-governor's wife, Barbara Snelling, "but he felt it was extremely important that the state find out if the children were being abused. It is a painful memory, but I think my husband did the right thing."

Armed with a search warrant issued by Judge Joseph J. Wolchik, 140 social workers and state troopers converged on Island Pond early June 22 and took 112 children into custody.

But because the search warrant didn't give the state the subsequent right to detain the children, a second court hearing was necessary, with Judge Frank Mahady presiding. Mahady looked at the state's evidence, including its inability to name individual cases of child abuse, and ruled the raid unconstitutional. The children went home and, eventually, the state's case was dropped."

<snip>

You can bet your life that the Appeals Ct in the Texas case poured over this case and over Judge Mahady's decision. I think it was the right decision in 1984 in VT and I think it's the right decision now. And yes, they were abusing the kids in Island Pond.

http://www.nasw.org/users/nbazilchuk/Articles/islandpond.htm

[Tangerine LaBamba]

1. It sure is the right decision

That alleged phone call from a caller who was never found was about as bad a basis for that whole search and seizure as one can imagine. There's freedom of religion for Catholic priests who molest kids, but an odd-looking and marginal group who want to worship in their own way get raided.

If we don't protect the oddballs, we can't protect anyone. The matter of child abuse has to be handled in a whole different way.

[cali]

2. Yep.

There's protocols and procedures to follow in cases of allegations of child abuse. Frank Mahady, bless his soul, was a fantastic and brilliant jurist. His decision in the case is well worth reading.

[Tangerine LaBamba]

3. Here's a link

The decision's long, but, I think, well worth reading. Thanks for the suggestion.

http://www.twelvetribes.com/controversies/mahady-opinion.html

[cali]

4. I haven't read it in years. Thanks for posting the link.

Frank Mahady was a brilliant man and he could write too. Do you think the appeals court In TX referenced this case? It seems to me it would be kind of strange if they didn't.

[Tangerine LaBamba]

5. Of course they did,

even if it's not cited in their opinion. I haven't seen a copy of that opinion online yet, but it's possible someone just took judicial notice of it without citing it.

When it's up, I'll try to post a link here. Thanks for bringing up a very significant matter that was, I think, given short shrift by the media in favor of sensationalism. In the end, it was a matter of religious freedom, and the Texas authorities tried to make it a child abuse issue - without any evidence.

Texas, where the Waco abomination took place.

[cali]

6. it's frightening to see how many people advocate trashing the

Constitution- but I understand it. I originally supported the Island Pond raid.

[Tangerine LaBamba]

7. You were there?

One of the angry townfolk, running with flaming torches, calling for The Monster to be destroyed?

I'm kidding, but I'm also curious about any first-hand knowledge of things like this.

[cali]

8. No. I was one of the

social workers. And I know the State's attny involved and the district head of SRS very well. Very well.