Reflections on Snow, Crime, and Punishment

by Anne Bremner
Co-Authored by Bob Sims

Oh no, like salt on snow
I've been melted
Left alone on the side of the road
Is this where I am over
For your sake
Stuck between sleep and awake?

Having been snowbound for days here in wintry Seattle, my thoughts have drifted lately. But, still, I remain vigilant in my thinking about my cases, especially the ones involving missing persons and how inclement weather conditions sometimes affect the lack of crime.

I began pondering this when I started thinking about my clients Chuck and Judy Cox, and their missing daughter, Susan Cox Powell. More than two years ago Susan went missing when her husband Josh Powell supposedly took the couple's then 2- and 4-year-old sons camping in snowy Utah at midnight, browning marshmallows by campfire in the dead of winter.

Many speculate that Susan is out there in the snow, the snow that has melted and then fallen again and again over two long intervening winters. Others speculate she is alive and at some point has been kept secretly by Josh Powell and his father Steven Powell. But not many do. She is somewhere between sleep and awake.

Statistics show that snowy conditions reduce crime rates. This has been described in Dr. Emily Bloom's "The Ice Factor," where she wrote about how "snow slays crime."

And it is true. Crime declines during snowstorms. Is it the calming quiet that tames the beast in us? Or the inablity to get out and do things -- good or evil?"

It reminds me of what my psychiatrist father said when he was doing studies for Prozac, in the face of claims that Prozac made some people kill. My father said it just helped them get out of bed and they would've killed anyway.

"The first fall of snow is not an event, it is a magical event."

The thoughts of an icy, snowy death are unimaginable to me, like learning about those mountain climbers who died on Mt. Everest, as expressed so eloquently by Jon Krakauer in his book, "Into Thin Air."

It's almost akin to Titanic passengers drowning in the dark, icy North Atlantic waters long ago -- the same fate for some on the sinking cruise ship Costa Concordia off the Italian coast recently.

I believe Susan Powell didn't die in the snow, and the snow story just might turn out to be the Cox family's salvation. Almost everyone who has heard the story has scoffed and pointed toward her husband Josh Powell as a person of interest, for the very reason he has concocted this improbable tale.

"The future lies before you, like paths of pure white snow. Be careful how you tread, for every step is sown."

Crimes are not committed in snow.
In fact, such a claim makes me incredulous. As a prosecutor, I use the "footprints in the snow" analogy to describe circumstantial evidence.

When you retire to bed at night, the ground is covered with fresh and pristine snow, untouched. When you wake up in the morning, there are footprints in the snow, leading to your doorstep where the morning's newspaper is there. You didn't see the person deliver your newspaper directly, but circumstantial evidence tells you, via footprints in the snow, that someone indeed did.

Snow. Crime. Punishment. Help us find Susan Cox Powell.

Tweet

Polygamy Pays in Cable TV World

by Diane Dimond

Laws are laws. You follow them and there’s no problem. You break the law and you’ll likely go to jail. Well, not so fast. Some laws are selectively enforced, even after a suspect admits felonious wrongdoings on national television. A prime example concerns the state of Utah and its law against polygamy.

Even though Utah has one of the broadest laws against plural marriage, there are more than 20,000 mostly secretive polygamist households tucked away in enclaves all over the sparsely populated state. Some are disheveled, disorganized compounds with poor sanitation, access to stores, health care and organized education. Other polygamists maintain their lifestyle in well-heeled homes with plenty of amenities. Utah’s felony law states that no man “shall marry, purport to marry or co-habitate with multiple wives.” But it’s a crime the state rarely prosecutes unless a man takes an underage bride. That, according to Paul Murphy, of the Utah Attorney General’s office, is considered child sexual abuse and “punishable under the state’s child bigamy law which carries a penalty of up to 15 years in prison.”

Enter into this picture one Mr. Kody Brown, a fundamentalist Mormon who lives with multiple wives in Lehi, Utah. He likes to say his faith “rewards good behavior,” so why, he asks, stop with one good marriage when you could have more? Knowing that prosecution in his state would be unlikely this handsome, blond, 41-year-old salesman went public with his polygamist lifestyle. He and his three wives signed with The Learning Channel to be the stars of a reality show called “Sister Wives.” In the opening episode Kody announced that since “love should be multiplied not divided” he had decided to take another wife. His first three got together to pick out the new woman’s ring. Everyone seemed content with the arrangement. Now, between wives Meri, Janelle, Christine and his newest addition, Robyn, Mr. Brown is head of a household that includes four wives, 13 children and three step-children.

Kody Brown openly lives a lifestyle that is against the law and no one has made a move to stop it. No arrests have been made even though every Sunday night TLC offers up more juicy details (read: more evidence) of the crime. Officials in Utah insist they were watching Brown’s activities even before TLC came to town, and, now that the state’s worst-kept secret has been exposed for the whole nation to see, the Utah county prosecutor has begun an “official investigation.” Too bad it takes TV exposure to launch an inquiry.

Mostly I wonder about the Brown children and how the glare of all this national attention will affect them in the long run. And, I wonder if executives at TLC are secretly hoping for a ratings-grabbing arrest scene for their Daddy? Wow, that sure would drive eyeballs to the channel!

Earlier in the decade, another Utah resident thought it wise to go on national television--on programs like "Sally Jesse Raphael," "Judge Judy" and "Dateline"--to literally brag about his polygamist lifestyle. Tom Green was part of a breakaway fundamentalist Mormon group, and he eventually took seven wives and had more than 30 children. After numerous TV appearances during which he nearly dared state officials to try to prosecute him – they did. He was ultimately convicted on several counts of bigamy, one count of failure to pay child support and later he was tried and found guilty of one count of child rape for having sex with his 13 year old “bride.” She gave birth to their first child when she was 14. Green spent six years in prison.

As defiant of the law as Kody Brown has been it seems highly unlikely that his case will go the way of Tom Green’s. First, Brown didn’t take any underage brides. Second, there’s no hint of any child endangerment among his seemingly happy and well cared for children. And third, Utah prosecutors have declared that they simply don’t have the manpower to prosecute cases like Brown’s. Guess they only investigate if national TV shows embarrass them into it.

“Once a week or so I get a phone call asking why we don’t just round up all the polygamists,” Murphy told me. “But can you imagine? First, we’d have to build new prisons to hold them all. Then, we’d have to devise a whole foster care system to accommodate their children.” He’s got a point, I guess.

It’s been reported that the Brown family is looking to come out from the shadow of their situation and “looking for understanding.” I’m betting that the money they make from the now-renewed second season series is also part of their motivation.

Janelle Brown, the mother of six of Kody’s children, told PEOPLE magazine she wants the criticism of her family and lifestyle to stop.

“If we raise productive, contributing members of society who are moral and ethical, that’s our final goal,” she said.

Gee, I thought abiding by the laws of the land was the moral and ethical way to live a life. Maybe I got that wrong.

Tweet

WCI Q & A: A Survivor of Polygamy Speaks Out

by Kathryn Casey

In an earlier post, I blogged about a custody battle I covered in the early nineties for a national magazine. In it, Janet Johanson (photo left), an Oregon educator, tried to gain custody of her six nieces and nephews. Her sister had died of breast cancer, and the children were living with the Vaughn Fischer family in the polygamous town of Hildale, Utah. Johanson’s sister, Brenda, had entered into a spiritual marriage and become Fischer’s third wife just before her death, and Fischer and his first and only legal wife were attempting to adopt the children as well. The case was a clash of lifestyles and beliefs, and more than that, for Johanson, a last-ditch effort to save her sister’s children from what she viewed as a life of misery and pain. In the end, she lost. The Utah Supreme Court gave the children to the Fischers.

When the raid in Eldorado took place, I contacted Johanson again, this time asking her to share her views with WCI’s readers. The following is our Q&A.

KC: Tell us about yourself, where you work, what you do today.

JJ: I am currently raising two internationally adopted deaf children, and have/continue to work as an administrator of several deaf agencies/programs (educational, non-profit agencies, government, and private corporation).

KC: Please give us a brief overview of your personal knowledge of polygamous communities. How do you know what it’s like inside this culture?

JJ: I first became aware of the practices of this group when my half-sister was taken by her mother to Utah and then married to her stepfather. She disappeared. During the following years we always sought her out when we visited Salt Lake City, mostly unsuccessfully. When I was a junior at Brigham Young University, she finally made contact with our family in an attempt to recruit my younger sister. I was the one who converted instead. I was given to a man thirty-seven years older than myself, and also disappeared. I stayed in that relationship for seven years, suffering physical, emotional, and spiritual abuse. I lived in Salt Lake City within this group from 1978 - 1986. I was very close to my sister and her children and we started family traditions together (holidays, birthdays, picnics, campouts). When I was ordered to sever ties with my sister by my husband, I defied him, resorting to climbing out of my bedroom window so I could be with my sister and her family.

KC: Why did you leave?

JJ: After my sister Brenda sought and obtained a release from her husband, who was abusing her and her children, she became sick with breast cancer at the age of 35. FLDS members were quick to claim that her affliction was the result of her disobedience. I was shocked out of my “be obedient and keep quiet” mindset and realized that this was not a religion; it was a cult. I left in 1986, and began making preparations for my sister and her family to join me in Oregon.

KC: After your sister’s death, we met when you were fighting to keep your nieces and nephews from being adopted by a polygamous couple. Why did you want to prevent the Fischers from adopting your sister’s children?

JJ: The main reason I wanted to prevent the Fischers from adopting my sister’s children is became I loved them. They were the family I’d been unable to have with the old man I was married to. I was present at Janelle’s birth (she is named for me), and also knew Deanna from the day she was born (they stayed in my home for a while to recuperate). Having already lost my sister, I could not bear to lose more of my family, especially to people who had no interest in them other than to gain status in the community. I had just completed my master's degree in educational administration; rehabilitation counseling; and multi-handicapped education. I was working as a college administrator, and had resources available to help her children achieve her/their dreams.

KC: Have Texas authorities been trying to do the right things for the children of Eldorado? If not, what more should they be doing?

JJ: Yes. They have a difficult job, and they have taken on what will be a thankless position. They do need to ensure they don't victimize the children further. None of the experiences of these social workers, guardian ad litems, court-appointed special advocates, lawyers, public defenders, and foster care providers has prepared them for the mindset and culture of this community. They need to find people like me to help them, who have come out and who have been able to find balance in their daily lives. I'd like to see more psychologists and anthropologists involved in doing research based studies and recommendations on how to rehabilitate the victims (children, mothers who have been brainwashed and also the boys/young men who have been thrown out and shunned).

KC: Is it right to take these children away from their mothers? Their fathers? The only community they know?

JJ: Yes, because they do not have the ability at this time to realize the degree of abuse they have all been subjected to. I would like to see, in the near future, attempts made to unite children with their mothers, just one mother, and given intensive family counseling and support so they can start to build normal family units. Who made the choice to put these children in danger? The men, then the women. The children are now dealing with the consequence of the men's decisions to further their position within the group by blindly following Warren Jeffs and his minions.

KC: What about yesterday's decision, that the raid was illegal? It appears many if not all of the children may be returned to their parents.

JJ: I'm stunned, but then, not again so surprised. The "religion card" was played, and once again, the children are paying the price for society's reluctance to stand up for those who are unprotected. The Germans/Dutch/Austrians/Polish people did not stand up for the Jews. . . . Is Texas not going to stand up for the children? In retrospect, will the descendents of this community become the next generation of "Lost Boys" and "Child Brides" who are so emotionally damaged they cannot ever function in our society?

KC: Does religious freedom enter in here at all?

JJ: No. It’s not a religion. It may have started from religious roots, but it's been perverted by its leaders jockeying for power, money, and sex.

KC: What about the rights of parents to not have their children removed by the state?

JJ: They have the same right to due process that any parent who has endangered their child has.

KC: How widespread is polygamy in the U.S.? Is there much more than we imagine?

JJ: Yes. and it keeps growing as different families and groups are splintered off. There are many, like the families in the HBO series “Big Love,” who "assimilate" in normal society, while living secret lives behind closed doors and tall fences. The children in those communities are at as much risk. Despite what these people promote as the advantages (many mothers to attend to children), most of these children are neglected when mothers and fathers play favorites with their own biological children, and a lesser wife's children are disenfranchised.

KC: Are the Eldorado children being singled out? If so, what should be done about the thousands of children in Colorado City/Hildale, the polygamous enclaves on the Arizona/Utah border?

JJ: I certainly hope that the authorities in those areas where other enclaves are located are realizing their failure to protect the children in their jurisdictions. The home study done of the Vaughn Fischer family in 1988, during our adoption case, for instance, is a revolting travesty. Brenda's children were forced to respond in the way that they did because of threats.

KC: Is polygamy always a bad situation for the children?

JJ: Yes. The normal checks and balances provided by schools, social service agencies, public health services, police, churches, neighbors, and family are not there to protect the children.

KC: You mentioned “Big Love” on HBO. It depicts an odd and dysfunctional but loving suburban family. Are there polygamous households that are healthy for children?

JJ: No. In "Big Love," we see the children struggling with the “code of secrecy” and trying to rationalize the behavior of the adults in the household to their peers. You also see favoritism to specific children from the three mothers. The type of love that develops in these family structures is not the deep "agape" love that comes from healthy, nurturing, caring relationships, but rather, a custodial type of love.

KC: If you could sit down with the mothers from Eldorado, what would you tell them?

JJ: Learn to question. No man is the authority that they should bow to. You have the right to be loved by someone who loves just you, and who wants to be a partner through life with you and your children. Someone who wants to see you grow, and who will nurture that growth.

KC: What about the children?

JJ: You have the right to have fun, to learn exciting new things, to choose your friends, to have a mother and a father who love you more than life itself and are there daily for you. You have the right to have shoes to wear when its snowing outside, and to explore the world and make mistakes without fear of spiritual retribution being dictated by someone who does not have your best interests at heart.

Tweet

Polygamy Revisited

by Kathryn Casey

“It’s not like being born in the U.S. It’s like being born in another country,” says Joseph, who more than a decade ago fled a polygamous town in Utah. “I think of my life like being caught up in the Holocaust.”

The recent raid in Eldorado, Texas, of the FLDS (Fundamentalist Church of Latter Day Saints) compound, in which more than 400 children were removed from their homes and taken into CPS custody, brought back strange memories. Eighteen years ago, Ladies’ Home Journal sent me to the side-by-side polygamous enclaves of Hildale, Utah, and Colorado City, Arizona. The reason: to report on a sensational adoption battle over the six children – four girls and two boys – of Brenda Thornton, a woman who died of breast cancer. On one side were the children's biological aunts, Thornton’s two sisters, and on the other polygamist Vaughn Fischer and his first wife, Sharane.

For those of you unfamiliar with the way polygamy works, a man legally marries a first wife and then joins with subsequent women into “spiritual marriages.” Six weeks before her death, Brenda Thornton had entered into such a “spiritual marriage” with Vaughn Fischer, becoming his third wife. Before dying, she signed papers to allow him to adopt her children from a previous marriage. Although Thornton’s sisters fought hard, they were outmatched monetarily by the Fischers, whose battle was financed by their church. In the end, Vaughn and Sharane were given the right to adopt Brenda Thornton’s children by the Utah Supreme Court.

I’ve never forgotten my days in Hildale and Colorado City. They were desolate, windblown and unfriendly places. There were no restaurants or hotels, because the folks there didn’t want strangers visiting. Some men had more than a dozen wives. In a main house, they lived with their first, second, perhaps even a third wife, and their combined children, while around the perimeters of their properties other wives and children lived in small cottages. In the Fischer household, a schedule posted on the refrigerator tracked which nights Vaughn slept with which wife.

There’s so much I remember, but especially the children. It was summer, and in the more than ninety-degree heat, boys played basketball in long pants and long-sleeved shirts and the girls were dressed in handmade, cotton, pioneer-looking dresses, despite the heat wearing slacks underneath to ensure modesty. And the children were everywhere, swarms of them on swings and in playgrounds, laughing and smiling. But they scattered whenever I approached like tumbleweed in a dust storm. I was an outsider, and they’d been taught from birth to stay away from outsiders. Outsiders wouldn’t understand their lifestyle, their culture. Outsiders were the enemy.

Recently, watching the news coverage of Eldorado, I thought about the children of polygamy yet again. Much attention has been given, as it should be, to the abuse of the young girls, married off at tender ages to men decades older, at times their biological relatives. I wondered, too, about a subject that has gotten less press: what it's like for the boys. To find out, I made a few telephone calls. Eventually, I connected with a man in his thirties who grew up in polygamous households until the age of nineteen. He agreed to talk. For our purposes, I’ll call him Joseph.

KC: When you look back on your life, what do you most remember?

Joseph: The way we were all indoctrinated, brainwashed. The mind control used on us. When I went to the Holocaust museum in Washington a few years ago, I realized they were many of the techniques used by the Nazis--sleep and food deprivation, emotional, psychological, and sexual abuse.

KC: Was this type of abuse prevalent in the community?

Joseph: I can only speak to the house I grew up in. The father was in complete control, and there was abuse at every level. We had no one to go to, no one to complain to.

KC: What did they use to control you?

Joseph: He distorted our sense of reality. We suffered horrible punishment if we didn’t do what we were told. The father was a brutal dictator. From early ages, we were told that if we didn’t do what he wanted, including the incestuous behavior, we would never get to heaven.

KC: What happened when you began coming of age?

Joseph: From the time we’re kids on, boys and girls are told that we’re not to have normal relationships. Talking to a girl is a no-no. God doesn’t like boys to talk to girls. It’s not allowed.

KC: What made you decide to leave?

Joseph: For polygamy, they want to keep the girls. By the time we’re teenagers, the leaders have decided which of the boys they’ll keep and which they’ll get rid of. They keep the ones who do what they’re told. Boys who aren’t chosen are forced out.

KC: How?

Joseph: They put a lot of pressure on, a lot of abuse.

KC: What we’re talking about is that there aren’t normally five or ten women to every man. To get the percentage of women to men high enough for polygamy, the leaders have to drive out some of the boys?

Joseph: Yes. They begin harassing the boys they don’t want at a young age, so eventually the boys just give up and leave, even though it’s the only home they’ve ever known. They have to leave their parents, brothers and sisters behind. I dropped out of school young, because they made it so hard for me.

KC: Do you hear from your siblings?

Joseph: No. I’m the only one who left. But when you’re born into it, you don’t know any better. Our mom was a child bride, married off at sixteen.

KC: What do you think about what’s going on in Eldorado, Texas?

Joseph: I’m behind Texas, because of the abuse I’ve suffered. I’m glad they’re doing what they’re doing there.

Tweet