Monthly Archive: February 2021

Being lenient with pre-trial defendants – remember Lyle Jeffs

The current public outcry over the absurdly lenient pre-trial arrangements being agreed to by judges for a number of the January 6th Insurrection defendants are dangerous and stupid, not because they show the massive contrast between the treatment of white defendants vs. minority or immigrants and refugees. This is not even a debating point. It’s as obvious as night follows day.

The insurrectionists seem to fall into two groups:

  1. Long-term anti-government activists, many associated directly or indirectly with Oath Keepers, and Sovereign Citizen groups
  2. People sucked in by the charisma of Trump, fully invested in his “I was robbed” story, and also seduced by the conspiracy siren songs of QAnon.

Both groups believed they were doing what Trump told them to do, and that they would be treated as heroes, and not as criminals. Of course, they expected that the January 6th Insurrection would be successful.

The decision to let defendants like Kyle Rittenhouse and Jenny Cudd not only stay out of jail, but (in Cudd’s case) actually travel to Mexico for some sort of “bonding” trip, is indicative of a naive approach that I expect to lead to embarrassment for more than one judge in the next few months.

I remind everybody about the case of Lyle Jeffs, the brother of FLDS leader Warren Jeffs, who is currently serving what is essentially a life sentence. After government investigations into welfare claim activity by the FLDS, Lyle Jeffs was indicted in 2016, along with several other FLDS men, with running a welfare fraud scheme.

Jeffs appeared in court on the charges, and the prosecution argued strenuously for him to be remanded in jail because he was a flight risk. They reminded the judge that Warren Jeffs had also absconded and become a fugitive before being apprehended in a car stop due to failure to correctly display license plates on the car in which he was a passenger (anti-government activists love to not legally tax and look after cars, as part of their low-level scofflawing).

The judge, instead of listening to the prosecution, instead decided to issue a home confinement order to Jeffs, and order him to wear an ankle monitor. Within a couple of weeks, law enforcement discovered that Jeffs had removed the ankle monitor, and had disappeared from his home in Salt Lake City.

Despite all of the fanciful rumors that he had fled to more hospitable climes South of the border, Jeffs was eventually recaptured just under one year later in South Dakota, after he tried to pawn pairs of pliers for cash and the pawnshop owner recognized his image as a fugitive and reported his presence to law enforcement. He had been living out of his truck on the run for months.

Jeffs, a leader of a cult that regards itself as above government, with his brother having already gone on the run to avoid court,  was allowed out of jail, and promptly proved the prosecution right by becoming a fugitive. Ultimately he agreed a guilty plea and was sentenced to several years’ imprisonment in November 2017.

Now we have Kyle Rittenhouse, supposedly in home confinement with strict movement restrictions, whose whereabouts are currently not officially known, after a letter addressed to the location lodged with the court was not returned. The plot thickens…it seems that the original address lodged with the court was falsified at the request of the Kenosha Police Department. Whether the judge knew about this falsification is not clear. We may yet see an awkward conversation between the judge and the defense lawyer. The prosecution has asked for a bond increase and an arrest warrant to be issued.

Many of the January 6th insurrectionists are showing, by their cavalier post-arrest actions, that they are scofflaws. The legal system needs to take a much tougher line with some of these defendants, or we will soon be reading about a disappeared defendant or three who, it will eventually become clear, have fled the USA.

 

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