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About esodije

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    Member: Moves Upon the Waters

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  1. Magistrates in U.S. federal courts act under the authority of the court; they serve for a limited time period and are not lifetime appointments. They typically don’t conduct actual trials, but they handle arraignments in criminal cases and often will hear pretrial motions, particularly related to discovery matters. To use the vernacular, their job is to take care of “housecleaning” chores in order to free up the judges’ time for trials and other weightier matters. If this case was referred to a federal magistrate, it’s almost certainly to address the church’s motions to compel discovery or to
  2. I have nothing substantive to add—this topic is tedious and inconsequential to me—but I would warn anyone not to believe the credentialed blindly. My legal career was blessedly short, but as a young attorney I was involved in preparing several multi-day trials. I became acutely aware that expert witnesses are the real whores of the American legal system. In short, if a party to a lawsuit needs someone with credentials to testify to a given proposition (of varying plausibility), and there’s a buck in it, there will virtually always be a scientist or scholar willing so to testify. And the reward
  3. I’m usually no fan of huge jury awards in tort cases against government agencies, but there are times when the behavior is so grossly negligent, and the consequences so horrific, that justice demands a financial thrashing. Josh Powell was pure evil, and the judge and CPS looked the other way.
  4. Denson very much reminds me of a relative of mine, who suffered a head injury in a car accident at around age 19 and who now, 40+ years on, has virtually no grasp of reality. Highly intelligent, but almost completely delusional—has abundant memories of things that never happened and no memory of things that did. One can speak to this person and conclude they are perfectly lucid and very knowledgeable—for a time. Eventually one realizes that he/she is crazy or this person is—and even I have questioned my own sanity on multiple occasions.
  5. I do know one thing: if by “racist” one essentially means “anyone I don’t like or with whose views I disagree,” one is not going to change very many minds.
  6. If Denson has any friends left, they should really advise her to pack it in. She can’t prove her case, especially by clear and convincing evidence, and she’s not even doing the church any harm at this point beyond the ongoing legal fees it’s having to pay.
  7. Didn’t Cleveland have a cousin named Polly?
  8. Boy, the dismissal process is taking so long in this lawsuit that one starts to wonder whether the various U.S. Courts of Appeal routinely reverse U.S district judges on the question of dismissal (when such orders are appealed). I’m also reminded of Dr. Michael Mann’s defamation lawsuit against the National Review and Mark Steyn, which has gone on for the better part of seven years now (in the D.C. District Court) without any significant discovery being done or compelled. D.C. apparently has a so-called “SLAPP-back” statute, and the Mann suit is seemingly precisely the kind of abuse of proces
  9. I agree. My point is that many people have assumed Bishop is guilty simply because he confessed to something with respect to Denson, without taking into account what he confessed to and the likelihood (a) that it really happened, and (b) that Denson really was the person to whom it happened. I’m not talking about the BYUPD giving a legal opinion; however, they scared Bishop unnecessarily by making it seem that criminal charges were almost certain to result from the investigation. I would have told him, at least, that the prosecutor would have to decide both whether there was sufficient
  10. I listened to the two recorded conversations the BYUPD had with Joseph L Bishop in December 2017 (posted by RFM yesterday). This is what I came away with: 1. There is still a huge disconnect between what Denson said happened in the MTC storage room and what Bishop confessed to. Bishop still thought Denson had had breast-augmentation surgery, and that that is why he requested her to show her breasts to him. When he brought the subject up in with Denson in the nearly three-hour “interview,” however, she laughed it off and even asked Bishop (paraphrasing), “Why would we have been talking abo
  11. As with most things in life, the topic of incest comes down to a Weird Al song: Tell meHow was I supposed to know we were both related?Believe me, if I knew she was my cousin we never would have datedWhat to do now? Should I go ahead and proposeAnd get hitched and have kids with eleven toesAnd move to Alabama where that kind of thing is tolerated?
  12. I heard someone say once that he believed the human genome has been in decay ever since Adam and Eve had to leave the Garden of Eden. I thought it was a joke at the time, but when I consider all the psychological issues that we’re now being told we have to take at face value as “normal” for the people involved, I worry what the next couple of generations will bring.
  13. I have to wonder what Denson could possibly have on Leavitt. As I understand it, Leavitt originally said he didn't report Denson's accusations up the chain in 1987 because he didn't believe them. But then he supposedly arranged the interview Denson said she had with Carlos Asay, to which her future ex-husband took her. What could he have told her last year that would be a bombshell for the church?
  14. I don’t think Joseph Smith could have succeeded as the leader of a religious movement unless he was both charismatic and intelligent. I had a stake president who was gifted in both of those attributes, and I’ve often thought about how much he was like “Brother Joseph.” Brigham Young was the same way; I always thought it was ironic that Hollywood (cf. Brigham Young, starring Dean Jagger) portrayed BY as a shrinking violet who assumed leadership only with great reluctance.
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