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Who’s Intimidating Whom?

2008-06-24 14:38:35

By Donald Richter

 

In her affidavit of June 20, 2008, Natalie Malonis, attorney for Warren Jeffs’ daughter Teresa, sought a restraining order against Willie Jessop, claiming that because of his “attempts to intimidate me as well as his history of aggressive and threatening behavior” she fears for her safety “if Willie Jessop is not restrained.” The motion for a restraining order was presented to Judge Walther ten days after the meeting at the YFZ Ranch where Malonis claims that Willie attempted to intimidate her and the day after Teresa delivered her letter to Judge Walther requesting a new attorney. Had Malonis really feared for her safety, ten days is quite a long time to wait before filing her motion. On the other hand, if the real purpose was to lay the groundwork to keep Willie Jessop out of the courtroom in any approaching hearings and trials, as was done at the Warren Jeffs trial, the timing was just right. (See “FLDS Girl Deserves New Attorney.”)
               
According to the Salt Lake Tribune of June 23, 2008, Malonis claims, “There is no question I am absolutely looking out for her [Teresa].” She says that her client needs to be free of any outside influence so that she can make her own decisions. Teresa already has made her own decision—that she wants a new attorney. There is ample evidence that Malonis has been acting against her client’s best interest and that she only wants Teresa to make her own decisions when such decisions are the ones Malonis wants her to make. When her decisions are not, she resorts to threats and intimidation herself.
 
In appearing three times on the Nancy Grace Show (May 19, May 28, and May 29), Malonis engaged in behavior that was certainly inappropriate if not totally unethical. With her on two of these shows were Carolyn Jessop and Flora Jessop, both bitter ex-FLDS crusaders. In her remarks on May 29, Malonis clearly shows that she favors the position of CPS and Judge Walther and opposes the desires of her client:

Natalie, when you heard the ruling sending -- about sending about 150 of the children back, what was your immediate reaction?

NATALIE MALONIS, ATTORNEY AD LITEM REPRESENTING SECT MOTHER PAMELA JESSOP: I was very surprised. I was very surprised to initially hear the ruling. Once I read the opinion, this is really a very middle-of-the-road opinion. And I’ll say this. I don’t think any of the children are going back to the compound right now, and maybe ever.

GRACE: So you say right now. You say right now. This is a blow to the state. They are saying.

MALONIS: It is.

GRACE: . they can get these children back, that there could be additional hearings, there could be additional orders. But the reality is, they are saying Child Protective Services exceeded their authority, they acted too broadly, and they are sending the children back.

MALONIS: Well, actually that’s not what it says. This is.

GRACE: Explain to me.

MALONIS: OK. This order has to do with what the trial court did.

GRACE: Right.

MALONIS: And it’s not saying that it -- it is not saying that CPS was not justified in their initial actions. It’s saying there was not enough evidence at the 14-day hearings to keep every one of these -- children in custody.

What I expect to happen now is, I think, CPS and the state is going to get -- there’s a lot of evidence that was not presented in April because it was not available. It was under seal, being reviewed by special masters.

There’s a lot of evidence that’s available now that wasn’t back in April. And I expect them to -- for CPS to be going through this evidence and to call out evidence relating to particular children and I think there are going to be additional hearings. I think a lot of these kids are going to remain in custody, you know, if there’s evidence.
 
Teresa was aware of her attorney’s public statements and thoroughly disapproved. In a letter she wrote to Malonis on June 5, 2008, Teresa describes in considerable detail a meeting she had with Malonis while she was still in CPS custody, before any supposed influencing by Willie Jessop, and at a time when Malonis said she had a good relationship with her client. She shows her own independence of mind and determination as well as her dissatisfaction with Malonis and her impression that she is attempting to intimidate her:
 
We did sit in my room until 1:00 in the morning on a Friday night, last week and the feeling that I felt around you wasn’t very pleasant. I could feel you were upset… You told me that you feel like everyone has been lying to you and you seemed very upset about it all telling me that my mother and my sister are going to need to make a big change and stop lying to you or else I wouldn’t get to go back with my mother. It was an experience and I sat there with my head down and my hand in front of my face with no desire to speak but I felt only to remain silent. You raised your voice …
 
I was working hard within myself to know how to approach you. You very firmly told me to look at you which I did not want to do. You told me to speak and say what I was thinking. You remember that not hardly a word came out of my mouth except for that I told you that I have never ever in my whole life been abused, I’ve never been forced to do anything. If I don’t want to do something, I’m not going to do it, and I’m sure you may know that by now, because I have lots the stubbornness in me that any other teenager would have. I remember when I said that I have never been forced to do anything and you said, “Well, you are under age and you can’t choose to do what you want.” That may be, but did I ever say that I had been sexually abused or even been married? Saying that I have never been forced to do anything I didn’t want to do, is that saying that I’m married? No! Its not saying that I was married. I was reaching to get the point across to you for you to realize that I have never been forced or abused. in my whole entire life! I have been living a very happy life with my family, enjoying the times with my dear father, my dear mother and my brothers and sisters through my growing up years. My family is a very special thing to me!
 
We sat there for a while. You asked me what the most important thing to me was. I said, “Out of what?” You told me, “ Out of everything.” I sat there in thought for a short time and then I spoke up and told you that the most important thing to me is my salvation. You asked me if I felt like my salvation was in jeopardy right now. I told you, “ Course I know its not; I know I can earn my salvation, with the Lord’s help.”
 
You let me call my mother on your phone while sitting there. While talking to her I could feel a perfect love from her. She asked me what she could do for me. I told her that I needed her prayers. I spent a little bit of time with her which I enjoyed. You wanted me to tell her all that you had said, but I had no desire to repeat that language, but wanted to set it aside. You then talked to her and repeated to her what you had said to me. I stepped out the door for a second, checking on the girls in the other room which was an encouraging sight, knowing that I had a friend in them. I didn’t want to hear much of what you were saying. 
            I can’t describe the feelings I had at that time. I felt like the devil was trying to tear my heart apart. 
            After mother hung up, we sat there for a good amount of time. Not a word was said. I layed on my bed with my hand in front of my face. I had no desire to speak, but wanted to be kind and forgiving. It got to be around 1:00 am. and I was one tired girl, feeling like I had been run through the wringer. You were tired also and finally got up to go. You told me you would come in the morning again to visit with me again and take me out to breakfast because we weren’t able to go to dinner that night. I wasn’t looking forward to morning at all. You asked me to walk you out to the door. I wanted to be kind and so I stood up, told you thank you and walked you to the front door. You stopped to talk to some of the staff and I left to go to my bed. Later on I heard that you had told the staff that you had had a very interesting conversation with me and that you wanted them to watch me closely and not allow me to be in my room for very long periods of time, but to call me out. I heard that you had said you were concerned about me and so on, which was silly to me for you to say that. You telling the staff that you had a very interesting conversation with me didn’t please me very much. I felt like that was confidential to me and they didn’t need to know about anything between my Ad Litem and I.
 
In a later e-mail communication to Malonis, Teresa expresses again her concern that Malonis is attempting to intimidate her and to control her decisions:
 
You are threatening me so much and those that I love. I am through with you. You are doing to me what you are accusing Willie of doing. I will not put up with you any longer and do not want to ask you for advice at all because I know where it will take me if I do. It will take me down the wrong road which I do not want to do. I feel like you are trying to change my mind of what I want in my life. I am stubborn and I won't change my mind. 
 
On June 20, after Teresa had written her letter to Judge Walther requesting a new attorney, Malonis sent to Teresa the following in an e-mail message:
 
Writing that letter to the Judge was about the most foolish thing you could have done. The Judge is now convinced that you are not able to make good decisions for yourself, and she is convinced also that your mother is not able to make proper decisions for you either Teresa, the Judge wants to take you back in custody and what's worse is that these poor choices may end up with your siblings back in custody if the Judge and CPS think your mother is not able to reign you in. The judge would probably not allow me to withdraw right now even if I requested it because the Judge sees me as the only person who is looking out for what is in your legal interests.
 
One of the major criticisms of the FLDS women and children is that they are brainwashed and unable to think for themselves. Yet when Malonis encounters a young lady who does think for herself and has the determination to stand by her decisions, she threatens her that if she continues in such a course both she and her brothers and sisters will be returned to CPS custody. Obviously Malonis wants Teresa to make her own decisions only when they are the ones that she and Judge Walther want her to make, and she is quite willing to use threats and intimidation to achieve this result.


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