LDS Member Condemns 4th Circuit Court Of Appeals Decision To Overturn Virginia's Gay Marriage Ban

On Monday July 28th, 2014, the 4th Circuit Court of Appeals declared Virginia’s same-sex marriage ban unconstitutional by a 2-1 vote. Judge Henry Floyd, appointed to the bench by Barack Obama, was joined by Judge Roger Gregory (appointed by Bill Clinton) in the majority, while Judge Paul Niemeyer (appointed by George H.W. Bush) dissented. Not surprisingly, Judge Floyd played the 14th Amendment card, and cited the landmark 1967 Supreme Court ruling in Loving v. Virginia, which overturned the state’s law against interracial marriage, implied a fundamental right to marry that may stretch to accommodate changing societal norms. In contrast, Judge Niemeyer noted that because there exist deep, fundamental differences between traditional and same-sex marriage, the plaintiffs and the majority erred by conflating the two relationships under the loosely drawn rubric of "the right to marriage".

The case resulted from a homosexual Norfolk couple’s lawsuit against the clerk of Norfolk Circuit Court after he refused to issue them a marriage license. The ruling upheld a federal judge’s earlier ruling that the clerk’s decision in accordance with a state constitutional ban against same-sex matrimonial unions violated the men’s rights under the U.S. Constitution. Essentially, the court affirmed that the U.S. Constitution trumps the state constitution’s proscription against gay marriage.

-- Read the 98-page opinion issued in Case No. 14-1167, Bostic v. Schaefer (PDF format)

Virginia Gov. Terry McAuliffe, Attorney General Mark Herring, and U.S. Senator Tim Kaine, all Democrats, acclaimed the court's decision. The Virginia clerks were expected to seek a stay of the decision, pending either a rehearing by the full circuit court, or consideration of same-sex marriage by the Supreme Court. Byron Babione, a lawyer with Alliance Defending Freedom, a conservative legal group that represented one of the clerks, said they were considering their next steps. Among other media outlets reporting reaction was the Suffolk News-Herald, and the response of 48-year-old Annette Lewis, identified as a member of the Church of Jesus Christ of Latter-day Saints, was included. Here's the excerpt:

Annette Lewis, 48, referred to marriage between two individuals of the same gender as an “abomination.”

“I don’t have anything against gay people,” she said, “but the Bible that I read says that it’s wrong.”

Lewis said she reads the King James Version of the Bible as well as the Book of Mormon, as a member of The Church of Jesus Christ of Latter-day Saints.

“The court made a wrong decision, because it’s supposed to be Adam and Eve, not Adam and Paul, and you can quote me on that,” she said.

The LDS Church officially defines marriage as only between one man and one woman, but has disavowed any intent to take disciplinary action against Church members who support legalizing gay marriage.

According to the Washington Post, as of July 28th, 20 states allow gay marriage, and bans against same-sex marriage have been ruled unconstitutional in 11 other states, including Virginia. Court challenges against gay marriage bans have been mounted in all other states.

Mexican Cops Kidnap LDS Mother Yanira Maldonado, Accuse Her Of Smuggling 12 Pounds Of Marijuana; Judge Releases Her After Reviewing Security Video Exonerating Her

The use of the term "kidnap" is justified by the fact that I consider Mexico to be a kleptocracy and assume every Mexican cop and public official is on the take until they prove otherwise. The massive immigration of Mexicans to the United States is not driven solely by economics. This post represents a composite of stories from KSAZ Channel 10 in Phoenix, the New York Daily News, and KNXV Channel 15 in Phoenix, and CNN. The story has gone international, with the Daily Mail picking it up. Update May 30th: A judge released Yanira Maldonado after viewing security footage which showed she and her husband did not carry the drugs aboard the bus.

Screenshot of the Maldonados

On May 22nd, 2013, Gary and Yanira Maldonado, who head up a family of seven kids from Goodyear, Arizona, traveled to Mexico to attend the funeral of Yanira's aunt. They were on their way back to Phoenix when the Tufesa bus they took was stopped at a checkpoint near Hermosillo. Mexican federales searched the bus and claim they found drugs under a seat that the Mormon couple was sitting in. Initially, the federales accused Gary of possessing the drugs. But after Gary contacted his father Larry Maldonado, who in turn contacted the U.S. Consulate in Hermosillo, the federales changed their minds and charged Yanira instead, claiming the pot was under her seat. The bus driver was briefly detained, but released. Yanira was taken to a women's prison in Nogales. Her interrogation included putting her in a non-air-conditioned room and waking her up several times in the middle of night to get her to sign documents that she said she couldn't read. At one point a Mexican attorney suggested that Gary Maldonado offer cash to the police, but when he raised $5,000 to hand over to a judge as a bribe, the money was refused, with the judge allegedly saying "Oh, it's not about the money anymore".

Yanira Maldonado appeared in court on May 28th in what can be described as a preliminary hearing. The hearing will continue of May 29th, when Yanira's husband Gary is expected to testify and say his 42-year-old wife, who is a U.S. citizen of 17 years, a devout Mormon and mother, had nothing to do with the marijuana allegedly found on the bus. The cops who claim they found the marijuana are also expected to testify. A final resolution is expected by Friday May 31st at the latest; the judge could either release her or send her to a prison in southern Mexico for four months until an actual criminal trial.

Update May 29th: During Day Two of the preliminary hearing, Yanira Maldonado's lawyer Francisco Benitez Paz argued that soldiers had presented inconsistent testimony about two packages of marijuana that they had recovered, with some saying both were found under his client's seat and others saying they were found under two separate seats. Benitez described the packets of drugs as attached to the seat bottoms with metal hooks, a task that would have been impossible for a passenger boarding normally as Yanira Maldonado did. Benitez also said he had requested a list of the bus passengers and video of the passengers boarding to show she was not in possession of drugs. He presented letters from people he described as prominent American officials vouching for Yanira Maldonado's character and said he was awaiting financial information proving she would have no need to earn cash smuggling drugs. In response, Mexican officials provided local media with photos that they said were of the packages Maldonado is accused of smuggling. Each was about 5 inches high and 20 inches wide, roughly the width of a bus seat. The marijuana was packed into plastic bags and wrapped in tan packing tape.

Update May 30th: Good news! After court officials reviewed security footage that showed Yanira Maldonado and her husband boarding a bus in Mexico with only blankets, bottles of water and her purse in hand, the judge determined that she was no longer a suspect and all allegations against her were dropped. She spoke briefly to reporters clustered outside the jail, saying she thanks God, her husband and her lawyer. With that she and her husband walked hand in hand to a waiting car, departing for the U.S. border several miles away. While there's no indication she's been barred from ever returning to Mexico, Yanira said on May 29th that it's unlikely she'll ever return back to Mexico after she is released.

The Maldonado family vociferously denies that Yanira had anything to do with the drugs. There are witnesses who saw them board the bus without packages, and this is allegedly backed up by video. An unnamed Mexican official from the state of Sonora also thinks Yanira Maldonado was set up, telling CNN "A passenger by himself or herself would have been unable to carry almost six kilos of marijuana onto a bus without being noticed. She must've been framed." The local LDS network has mobilized in support of the Maldonados; church leaders at the state and local level have offered spiritual and material support to the family. A Facebook page (must log in to read) founded to support Yanira Maldonado had garnered more than 12,500 members as of Tuesday afternoon, many of whom are fellow Mormons. A number have offered to connect the Maldonados with Mormon leaders in Mexico or media in the United States. Some in the Facebook group said that they are refraining from eating and drinking for a day on the family's behalf.

Arizona U.S. Senator Jeff Flake, who is also LDS, is involved; a statement from his office says that he is personally monitoring the situation and has had multiple conversations with the deputy Mexican ambassador. U.S. Senator John McCain has also taken an interest. In response, the Mexican embassy said, "Mrs. Maldonado's rights to a defense counsel and due process are being observed. As the process is ongoing and a preliminary decision by the judge is due soon, no further comments will be made at this time."

Another reason to be concerned is because some American LDS members are required to go to Mexico to perform temple ordinances. The members of the El Paso Texas Stake and the El Paso Mount Franklin Texas Stake are assigned to the Ciudad Juárez México Temple District. This means they are required to go to Mexico to do temple work. While there have been no recorded instances of problems, Church leaders should allow the members of the two American stakes to go to an American temple if they so desire for personal peace of mind. A sampling of pertinent comments from the news websites (after the jump):

Former LDS Missionary Caleb Daniel Lowe Accused Of Sexual Display Solicitation Of A 13-Year-Old Girl While Serving In Lincoln, Maine

A former missionary for the Church of Jesus Christ of Latter-day Saints has been accused of sexual display solicitation which occurred while he was still assigned to the mission field in Lincoln, Maine. Although WGAN and the Bangor Daily News do not specifically mention "former", the charges have been filed against him in his hometown of Springfield, Oregon, so it is reasonable to assume he's no longer on his mission.

Twenty-two year old Caleb Daniel Lowe was serving his mission in Lincoln when he met the 13-year-old girl while staying with her family as part of his mission. It was not reported whether or not he actually solicited the girl while on his mission. What is clear is that Lowe began texting the girl in September and continued until early November, sending many sexually suggestive messages, a nude photograph of himself, and requests that she send him a nude photo in return. The case first broke when the girl’s mother saw a nude photograph of Lowe and the suggestive texts while examining her daughter's cell phone. [Note to parents: This is why you want to check your teen's cell phone periodically if it has photo and text capability -- as an additional form of protection.]

The girl's mother contacted police in Lincoln. Since Lowe was back in Oregon by this time, Lincoln police contacted Springfield police, who confronted Lowe with the accusations. After Lowe agreed to show police his cell phone, investigators found a matching nude photo of Lowe and many of the sexually suggestive texts he sent. He was arrested on November 8th and charged attempting to use a child in a sexual display. He is currently in jail.

Under Oregon law, Lowe cannot be charged for sending the nude photograph or for making sexual remarks, but only for suggesting that the girl send him the photograph. Nevertheless, if he's convicted, he would face a maximum sentence of five years in prison and mandatory registration as a sex offender in Oregon.

This is why missionaries are assigned companions and the companions must remain within sight and sound of each other. Of course, if Lowe did all this stuff after he returned from his mission, that would not matter. Returned missionaries are urged to find a wife and enter into eternal marriage, but this is not the way the Church recommends it be done. He will face a disciplinary council if he is convicted.

LDS Militiaman Coleman Barney Now Indicted By Federal Grand Jury For Murder Conspiracy In Alaska, Could Face Life Imprisonment

Update June 7th, 2012: Coleman Barney testifies in his own defense; updated post HERE.

Update May 10th, 2012: Trial of Coleman Barney currently in progress, expected to last through mid-June. Daily summaries and media links available at Alaska Pride.


On January 23rd, 2012, a federal grand jury in Anchorage, Alaska returned a superseding indictment of Alaska Peacemaker Militia members Schaeffer Cox, Coleman Barney, and Lonnie Vernon for murder conspiracy in what has become known as the 241 case. Barney was previously identified as a member of the Church of Jesus Christ of Latter-day Saints, assigned to the Eielson Ward in North Pole, Alaska. All three individuals pleaded not guilty, and the trial, originally scheduled to begin on February 6th, has now been pushed forward to May 7th. The Anchorage Daily News has two stories on the two-day hearing; Day One and Day Two.

-- Read the complete 24-page indictment HERE. The murder conspiracy charges are reflected in Counts 12-16 of the new indictment. Count 12 is the heavy count that could bring life imprisonment.

To briefly recap this increasingly complex case, Cox, Barney, Vernon and two others were arrested in March 2011 following a joint state-federal investigation into Cox's activities. Investigators allege Cox had swayed his followers to help him avoid prosecution in other matters, and had convinced them to participate in kidnapping and killing of government officials -- state troopers, a judge, U.S. Marshals, TSA officials, and personnel with the U.S. Dept. of Homeland Security -- as retaliation in the event any of them attempted to apprehend Cox. The plan was dubbed the "241 Plan", meaning for every militia member taken out, two cops would be taken out. Plans allegedly included staging armed patrols in public places and acquiring and making illegal weapons.

Much of the federal case revolves around two informants expected to testify for the government. Gerald Olson is the "dirty" informant in the case, having made three felony charges go away in exchange for his cooperation. Despite defrauding numerous customers, he ended up pleading guilty only to second-degree theft, and got probation. In contrast, William Fulton, who formerly owned Drop Zone Security, is the "clean" informant, facing no charges, but who suddenly disappeared from view after the initial arrests of the Schaeffer Cox crew in March 2011. The credibility of both informants has been already challenged by the defense lawyers; in fact, the parallel state case against the three was abandoned by state prosecutors on October 17th, 2011 when Alaska Superior Court Judge David Stewart ruled that more than 100 hours of audio and video surveillance could not be used as evidence in the state's case. Under Alaska state law, which offers greater privacy protections than the U.S. Constitution, the judge ruled the warrantless recordings unconstitutional.

Coleman Barney has steadfastly maintained his innocence throughout his ordeal, which now stretches into the tenth month. During this time, Barney's repeated requests for bail have been denied, cutting him off from his family, congregation, and community. Numerous members of his ward have written supportive letters attesting to Barney's sound character and patriotism. The LDS Church customarily does not take action against the membership of someone in this situation unless or until they're found guilty in a court of law.

It is apparent that the ringleader, Schaeffer Cox, shot off his mouth a bit too loudly about his dissatisfaction with government, and the feds have decided to come down hard on him and his cohorts to administer an object lesson to anyone who dissents in this country. This indictment is the third handed down during this sequence, which implies that the feds are haphazardly flinging as much poo at the walls as they can in hopes that enough of it will stick to get a conviction.

For more background on this case:

-- Anchorage Daily News portal to past stories HERE.

-- Fairbanks Daily News-Miner portal to past stories partially available via this story.

-- Read all Alaska Pride posts on this case HERE.

LDS Bishop Amado Rojas Still To Be Prosecuted In Provo, Utah For Failing To Report Child Abuse Even Though The Abuse Charges Were Dropped

In August 2011, a 13-year-old girl reportedly told her bishop, Amado Rojas, that she was groped at a church function. According to the Provo Daily Herald, the girl and her alleged assailant, Jose Ortega, both attended a Church of Jesus Christ of Latter-day Saints children's party. After a water fight at the party, the girl claimed that Ortega grabbed and groped her. But the girl did not report the incident to Bishop Rojas until six weeks later, and because she was with three of her friends at the time, he told her to talk with her parents and come back another time. He did not report the incident to police because he was still waiting for her to come back when it became a police matter through a separate source.

Nevertheless, by law, Rojas was required to tell police, and he failed to do so.

Now, although Provo prosecutors dropped the charges against Ortega on November 14th because another witness came forward and suggested that the contact was an accident, they still intend to charge Rojas with one misdemeanor count of failure to report child abuse. Provo police Sgt. Matthew Siufanua explained that it's the job of investigators and prosecutors to decide if the claims are valid, and that someone can still go to jail for not reporting abuse even if the abuse claims eventually prove to be false.

It is quite likely that Provo prosecutors will come to their senses in a few days, realize how utterly ludicrous this case is, and drop the charges against Bishop Rojas altogether. If there is no abuse, than how can one logically prosecute someone for not reporting abuse? If prosecutors do not drop the charges, then I hope Bishop Rojas will force a jury trial, and that the jury will be sensible enough to refuse to find him guilty. Jury nullification would clearly be in order here; the Fully Informed Jury Association website provides more information on when it should be used.

Update November 21st: Provo prosecutors filed a single Class B misdemeanor count of failure to report child abuse in Provo Justice Court on November 18th. Rojas’ defense attorney, Mike Esplin, said it wasn’t his client's intent to try and cover up any sexual abuse and there’s no evidence he did that.

Another LDS blogger, Michael Crook, originally reported having checked a list of all LDS wards in Provo and did not find Amado Rojas' name listed, but he has since taken down his blog, and media sources still refer to Rojas as a bishop. The LDS Church won't take action against a member's membership simply because of an arrest, but they can release the member from any calling holding authority over a congregation or over youth.

Most commenters to the KSL story agree that this is ludicrous; Superdad11 seems to understand what's going on:

superdad11 posted November 15th 5:50 P.M:
My ex falsely accused me of child abuse in my divorce after I asked for custody of my kids. My bishop had to report it, so did the teachers, the therapists and everyone else she talked to. As baseless as the allegations were, because of the required reporting laws, I had no contact with my kids for 9 months while an inept and ridiculously expensive investigative process unfolded over the next 4 years.

I have one thing to say to people who report false abuse allegations. STOP! The problem you will create for that person will be just as bad as actual abuse. Remember what happened in Salem a few centuries ago? Abuse allegations are a modern day witch hunt and innocent people are still burned at the stake. If it can happen to a custody seeking Dad, and a well intentioned bishop, it can happen to YOU!

Let's fight real child abuse with every extent of the law. Punish the perps and protect the victims. Report allegations, but please be judicious! The legal and investigative process you are sending that person to is like a human paper shredder. Their [lives], reputation and relationships are going to be completely ripped into unrecognizable pieces that will never be put completely back together, just like the real abuse victims an offender creates.

The Salem witch hunt analogy is on target. Pedophilia hysteria is slowly transforming America into a virtual prison. When sex offenders are released from prison, their troubles are just beginning; they're placed on a sex offender registry, have residency limits imposed upon them, and are frequently barred from internet access. Then we wonder why some of them end up sleeping under bridges and can't get jobs. Now we're sucking innocent, uninformed, but well-intentioned people like Bishop Rojas into the sex offender vortex. Worse yet, many ignorant flag-waving Americans are cheering this on. Pedophilia is a genuinely repulsive act, but we must get back to punishing only the guilty, and we must give them the hope that someday they can earn re-entry into civil society. If we're unwilling to do that, it would be more humane just to leave pedos in prison until we can figure out how to help them consistently curb their urges.

Taipei Labor Bureau Fines The Catholic Dominican International School In Taiwan $20,000 For Sacking Two LDS Teachers Because They Are Mormons

The Taipei City Government Bureau of Labor has fined the Catholic Dominican International School in Taipei US$20,000 for sacking two Mormon teachers because of their religion.

The school told the teachers earlier this year that their contracts would not be renewed due to their religion, prompting the teachers to file a complaint with the Bureau of Labor since all schools in Taiwan are banned from discriminating against staff of different faiths or forcing them to attend religious events. After the bureau started to investigate the complaint, the school tried to claim that it was a performance issue and that they were actually "unfit to teach", but other teachers backed their American colleagues, saying their religion had not posed a problem. Labor officials noted that it is the first time that religious discrimination in the workplace has been punished in Taiwan. read a short history of the Catholic Dominican International School HERE.

Taiwan is one of four East Asian countries where the Church of Jesus Christ of Latter-day Saints has established a solid presence, the others being the Philippines, Japan, and the Republic of Korea. As of December 31st, 2010, Taiwan has 53,111 LDS members organized into 100 congregations, with a temple in Taipei serving 11 stakes and one district on the island.

LDS Member Tanielu Atuai Convicted On One Count Of Possession Of An Unlawful Weapon In American Samoa

Radio New Zealand International and SamoaNews.com report that a member of the Church of Jesus Christ of Latter-day Saints who serves as a first counselor in his bishopric in American Samoa has been convicted on one count of possession of an unlawful weapon.

Tanielu Atuai was arrested in July 2011 before boarding a return flight to American Samoa after airport security found a .45 magnum revolver and five bullets in his handbag. He admitted to the charges, and has been ordered to pay a fine of more than 1,000 US dollars.

RNZI describes Atuai as the first assistant of a bishop in his church in Malaeimi". This means he serves as the first counselor in the bishopric; the reporter in the story is obviously not familiar with LDS terminology. The story also doesn't denote which ward; there are two wards in Malaeimi, under the Pago Pago Samoa Mapusaga Stake.

Since no further details of this incident are available, this is most likely the product of a "brain fart" by Atuai. Had he possessed any malevolent intent, he wouldn't have been let off with a $1,000 fine. This means it's basically a status offense, although it seems to be common knowledge that you don't pack a firearm in your carry-on baggage before boarding an aircraft.

Consequently, while Atuai is likely to be released from his position as first counselor, I don't anticipate any action against his membership. Disfellowshipment or excommunication is unlikely.

Indicted Alaska Peacemakers Militia Member Coleman Barney A Member Of The LDS Eielson Ward In North Pole, Alaska

Update May 10th, 2012: Trial of Coleman Barney currently in progress, expected to last through mid-June. Daily summaries and media links available at Alaska Pride.

Update January 24th, 2012: Some of the information below is now superseded; see updated post HERE.


For the first time, there's media confirmation that Coleman Barney, one of five members of the Alaska Peacemakers Militia indicted by both the federal government and the state of Alaska on a host of kidnap and murder-related conspiracy and weapons charges, is a member of the Church of Jesus Christ of Latter-day Saints, assigned to the Eielson Ward in North Pole, Alaska.

The confirmation was published on July 8th, 2011 in an Anchorage Daily News story entitled "Fairbanks militia 'major' seeks reduced federal bail". Many members of Barney's ward, outraged at the charge-stacking against Barney and the unreasonable $2 million bail levied upon him, have responded with letters of support; Kathie Dorland, describing his respected position in the church, wrote, "Coleman's home and family is centered on moral values where, alongside of his wife, teach their children integrity, honesty, morality, faith accountability and how to love and serve others." Other letter were from family, like sister-in-law Chelsea Barney who described him as a "God-fearing man" and "patriotic American concerned about America's future." ADN also discloses that Barney met his wife, Rachel, when both were serving church missions in the Nashville, TN area. They were married in Salt Lake City and, with the birth of their latest child, have five children.

The letters were written in an effort to get Coleman Barney's bail reduced to more humane levels and get him released. If Barney isn't released, his contracting firm, Mammon Electric, won't be able to fulfill more than $500,000 in jobs, resulting in suffering for employees and families. The campaign worked in part; on June 24th, 2011, a Fairbanks judge reduced Barney's bail on state charges from $2 million to $100,000. However, federal prosecutors are holding firm for no bail, releasing pictures and details of some of the evidence they seized after Barney's arrest, including more than 10,000 rounds of ammunition, illegal weapons and blueprints of a militia security operation known as "241" (two of theirs for one of ours) that discussed shooting government agents and police if peaceful resistance failed.

The Alaska Pride blog provides an organized list of the charges faced by Coleman Barney:

-- Federal Charges: Two separate charging documents HERE and HERE. Tentative trial date February 6th, 2012.
----- One count Conspiracy to Possess Unregistered Silencers and Destructive Devices
----- One count Possession of Unregistered Destructive Devices

-- State Charges: (4FA-11-00799CR): No trial date set.
----- Two counts Conspiracy to Commit Murder in the First Degree
----- Two counts Conspiracy to Commit Kidnapping
----- Six counts Misconduct Involving Weapons in the Third Degree
----- One count Hindering Prosecution in the First Degree.

Update: State charges were abandoned on October 17th, 2012 when Alaska Superior Court Judge David Stewart ruled that more than 100 hours of audio and video surveillance could not be used as evidence in the state's case. Under state law, which offers greater privacy protections than the U.S. Constitution, the judge ruled the warrantless recordings unconstitutional.

Coleman Barney's wife Rachel (4FA-11-00896CR) was also indicted on one count Hindering Prosecution in the First Degree at the state level; she faces no federal charges.

Two African LDS Missionaries Convicted Of Defiling A 14-Year-Old Girl Acquitted And Freed By High Court In Ghana On Appeal

Two missionaries of the Church of Jesus Christ of Latter Day Saints who were jailed for defiling a 14-year-old girl have been acquitted and discharged by an Accra High Court.

The two, Omale Ojonugwu Uwa aka Elder Omale, 25, from Nigeria, and Thatayaone Keeng aka Elder Keeng, 20, from Botswana, were sentenced to prison in August 2010 by an Accra Circuit Court presided over by Mrs. Georgina Mensah Datsa. Omale was convicted of conspiracy and defilement and sentenced to 10 years, while Thatayaone Keeng was convicted of defilement and sentenced to 7 years. They appealed. and the High Court presided over by Justice C.A. Wilson said the trial court was wrong in convicting the missionaries, reversed the verdict and freed them. Justice Wilson said he would give his reasons for the decision later.

Defense lawyer Kwabena Addo Attuah argued that the original trial judge erred in convicting his clients when the prosecution had failed to establish a case beyond reasonable doubt against them. He claimed the evidence presented by the prosecution was fraught with inconsistencies. In particular, the prosecution could not produce a birth certificate to prove the alleged victim’s age; instead, the prosecution only brought a weighing card in place of a birth certificate and there were three different birth dates on the card.

The medical examination of the victim did reveal that her hymen was indeed broken. However, it's now quite possible that the victim may have had sex with someone else, and blamed it on the missionaries. It has not been reported whether or not the prosecution will appeal the reversal.

The LDS Church did not disclose what action, if any, was taken against the missionaries' Church membership. Conviction of this type of crime normally results in excommunication. However, it should be a relatively simple process for them to appeal to the First Presidency and have their membership restored, along with restoration of all blessings. This means that while they will have to be re-baptized and re-confirmed, restoration of all previous blessings, to include Priesthood membership, Priesthood offices, and temple endowments, would be automatic thereafter.

Perhaps they might even be allowed to resume and complete their full-time missions.

Three LDS Men File Suit In San Francisco Against LDS Church, Boy Scouts, And Stepfather William Knox For Alleged Childhood Sexual Abuse

Update November 20th: Additional new information posted in green.

Here we go again. We've got three more people who suddenly woke up one morning, decided they were sexually abused 20 or so years ago, and are just now filing a civil suit. Cases like these strain credulity because the plaintiffs wait so long to seek justice. The most comprehensive media story of this latest caper has been published by the San Francisco Appeal; additional stories by the Oakland Tribune and KNTV Channel 11.

Three brothers, identified only as John Does #1, #2, and #3, announced on November 16th, 2009 that they have filed a civil suit in San Francisco Superior Court against the Church of Jesus Christ of Latter-day Saints, the Boy Scouts of America, their own stepfather, 65-year-old William T. Knox, and Edna M. Dowell. Although Knox is the primary target of the suit, the LDS Church and the Boy Scouts are also targeted because Knox was acting as an agent of both organizations. Dowell is being targeted because she allegedly was hired by the LDS Church to provide professional therapy to Knox, the three plaintiffs, and the plaintiffs mother. The 40-page package of suit documents can now be viewed on the RenewAmerica website. Seven causes of action, applicable to all defendants except where otherwise noted, are specified:

(1). Negligence
(2). Vicarious Liability (except for William Knox)
(3). Constructive Fraud
(4). Intentional Infliction of Emotional Distress
(5). Sexual Battery
(6). Assault
(7). Premises Liability for Physical and Sexual Assault

The three plaintiffs are being represented by the infamous serial litigator Kelly Clark, who's made a career out of targeting the LDS Church with sex abuse lawsuits. He runs a dedicated website called MormonAbuse.com. Clark admits to forum-shopping; he said the lawsuit was filed in San Francisco because state law allows lawsuits to be filed in any county in which the defendants do business. Two of the brothers now live in Georgia and the third in Colorado.

The LDS Church is being represented by San Jose lawyer Allen Ruby, who said, "Any allegation of childhood abuse is a serious matter...the church will defend itself... . The law does not make a church responsible for the conduct of a stepfather toward his children." Ruby is an extremely powerful and prominent attorney who defended Barry Bonds, successfully defended the NFL in a billion-dollar Al Davis suit, and earlier bled an $80 million settlement out of the federal government.

John Doe 1 alleges he was sexually abused from 1977 to 1982, John Doe 2 from 1977 to 1986 and John Doe 3 from 1977 to 1987. The brothers are now aged 43, 41, and 39 years old respectively. The abuse began in 1977, two years before Knox married the boys' mother. Knox used his position as a church elder and youth leader to begin abusing them when they were members of a church-chartered Boy Scouts troop for which he was assistant leader. The molestation began during individual sleepovers at Knox's Sunnyvale apartment. After the marriage in 1979, the sexual assaults allegedly continued at the family's Sunnyvale home, in Knox's car on trips to church and Boy Scouts activities, and during Scouts camping trips. The alleged abuse included fondling, child masturbation and oral copulation.

The boys allegedly sought redress, although they never pressed criminal charges. They told local church officials and the Boy Scouts of the alleged abuse in 1984 and informed a church counselor in 1985, but allege that the molestation was never reported to law enforcement authorities. They also allege that the church and Boy Scouts were aware that Knox had shown a propensity to abuse boys when he lived in San Diego before moving to Sunnyvale in the early 1970s.

Justice In Virginia: James Boughton Jr. Convicted By Chesapeake Jury Of Murdering LDS Missionary Morgan W. Young And Wounding Joshua Heidbrink

Update March 29th, 2010: A judge sentenced James Boughton to 38 1/2 years.

A Virginia man who shot two missionaries of the Church of Jesus Christ of Latter-day Saints in 2006, killing one and wounding another, was convicted of murder in Chesapeake, Virginia on December 12th, 2008. Virginia media stories provided by the Hampton Roads Virginian-Pilot and KVEC Channel 13 in Hampton Roads. Colorado media story provided by the Greeley Tribune. Utah media story provided by KSL Channel 5 in Salt Lake.

After deliberating for three days in Chesapeake Circuit Court, the jury returned the verdicts on December 12th against James Boughton Jr., 22, finding Boughton guilty of first-degree murder, malicious wounding, attempted malicious wounding and three counts of use of a firearm. Judge Randy Smith asked the jury to return on Monday December 15th for the sentencing phase. Boughton, a Camelot resident, faces a maximum possible sentence of life in prison. KSL news video embedded below:

Video Courtesy of KSL.com

The story originally began on January 2nd, 2006, when LDS missionaries Morgan W. Young of Bountiful, UT and Joshua Neidbrink of Greeley, CO were proselytizing in the Deep Creek section of Chesapeake when they walked into a violent neighborhood dispute. James Boughton had attempted to shoot an Elkhart Street resident, Gregory Banks Jr., and was fleeing the area when he crossed paths with the missionaries. Although the missionaries assured Boughton that they hadn't seen anything, Boughton, armed with a 9 mm gun, shot them both and fled. Morgan Young subsequently died of a wound to the head, while Heidbrink got help at the nearby Charity House. Heidbrink received wounds on his neck and shoulder, but was released within a week and returned to his hometown of Greeley to recover.

The trial was plagued by procedural delays, best explained in a comment posted to the KSL story:

Nah....
Cpsmurf @ 6:54pm - Fri Dec 12th, 2008

...In Virginia, a defendant in murder charges first appears at an arraignment (Feb 2006). Then a preliminary hearing (Apr 2006). Then the evidence is sent to a grand jury (Jul 2006).

The original trial was scheduled Oct. 31, 2006 at which time the defense asked for more time to prepare a defense. The trial was set for four days.

The next scheduled trial was postponed in March 2007 because the original defense attorney asked to be removed from the case.

The trial scheduled in October 2007 was postponed because the new attorney had not had time to prepare a defense.

The next scheduled trial was postponed in May 2008, because of new evidence being presented by the prosecution. The trial was set for seven days.

In November, the trial was set for two weeks. The defense tried to get it postponed because of more new evidence that the prosecution was going to present.

Boughton tried to blame the crime on someone else. His defense attorney, Andrew Sacks, argued his client was at a friend's house in Camelot playing video games the night of the shootings, producing several "witnesses" who supported the alibi. Sacks also argued that the real shooter that night was Mario Felton, a 17-year-old who was feuding with Banks over $80 in drug money. Felton initially told police he was the one who fired the 9 mm weapon three times that night, but later told police he made the story up to cover for Boughton.

But Commonwealth's Attorney Nancy Parr and Deputy Commonwealth's Attorney D.J. Hansen used DNA evidence on the weapon and a sweatshirt belonging to Boughton which was left at the scene, along with testimony from a Chesapeake teen to link Boughton to the crime. The surviving victims, Heidbrink and Banks, were unable to identify the hooded gunman, although Banks testified in court that he "played dead" after being shot at, heard the gunman run away, then heard two more shots.

Boughton's family reacted badly to the verdict, becoming visibly upset as the verdicts were read. "There's no evidence! You knew it wasn't fair!" Boughton's uncle said. But they did not play the race card. In contrast, Winslow Young says he feels great empathy for Boughton's family. "That's got to be a tragedy, just something horrible to deal with. They're going to have to deal with it the rest of their lives," he said. But while Winslow says his own family will have to deal with Morgan's death, they find comfort in knowing he's in a better place. "Rather than focusing on the tragedy, just focus on the fact that he's in a better place; and you know, our faith sustains us," he said. [Ed. Note: That illustrates the value of faith. In a case like this, faith doesn't lessen the pain; it simply provides a way to better manage the pain.]

Update December 15th: The Virginian-Pilot is now reporting that Boughton's defense lawyer Andrew Sacks wants a mistrial because a police officer who testified in the case was later present in the courtroom and that an alternate, who sat near the victim’s family, who may have developed a relationship with the sitting jury, could have influenced the verdict. Judge Randy Smith acknowledged the defense’s motion for a mistrial but asked that Sacks file it at a later time so the jury could begin the sentencing phase. That is set to begin at 10 a.m. tomorrow (Dec. 16).

Update December 16th: The Virginian-Pilot is now reporting that the jury recommended a sentence of 38 years and six months for James Boughton Jr., the man convicted of killing one Mormon missionary and wounding another in 2006 in Deep Creek. The trial judge will officially impose the sentence at a hearing set for April. News video available at the KSL Channel 5 website.

Update March 29th, 2010: A judge accepted the jury's recommendation and sentenced Boughton to 38 1/2 years.

Additional background can be found on both the ForgottenVictims website, and on a discussion thread on New Nation News forum dating back to January 2006.

The LDS Church takes no official position on capital punishment. In May 2003, they issued the following statement: "The Church of Jesus Christ of Latter-day Saints regards the question of whether and in what circumstances the state should impose capital punishment as a matter to be decided solely by the prescribed processes of civil law. We neither promote nor oppose capital punishment".

However, Mormonism-Unveiled is an enthusiastic supporter of capital punishment, and believes it would be quite applicable in this case. Boughton deliberately took a human life for personal gain pursuant to the commission of another crime, and thus has no rehabilitation potential.