Emack Exhibits

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The documents submitted to the court during Mike Emack's plea of nolo contendre regarding the underage marriage and subsequent rape of Ruleen Johnson.

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4-9
OF COPIES OF DRIVING RECORDS ,sTATE OF UTAH REQUESTER: COUNTY OF SALT LAKE
THIS IS TO CERTIFY THE Al'TACHED DoctlMENTS TO BE TRUE, COMPLETE AND CORRECT COPIES AS CONTAINED · IN THE STATE OF UTAH, OF PUBLIC SAFETY, DRIVER LICENSE DIVISION'S DRIVING RECORD OF THE INDIVIDUAL DESCRIBED BELOW AND DO FURTHER CERTIFY THAT THESE RECORDS ARE KEPT IN THE ORDINARY COURSE OF BUSINESS, AND ARE RECORDS., REPORTS, STATEMENTS OR DATE COMPILATIONS OF MATTERS OBSERVED PURSUANT TO DUTY STATEMENTS OR DATE COMPILATIONS OF MATTERS OBSERVED PURSUANT TO DUTY IMPOSED BY LAW AS TO WHICH MATTERS THIS OFFICE HAS A DUTY TO REPORT.

SPECIAL INVESTIGATION UNIT

NAME :

Michael George Emack 3322396

DOB:

12-13-1950 12-13-2013

UTAH DRIVER LICENSE:

EXPIRATI ON DATE:

DOCUMENTS :

Photo (1)
& Status on 10-06- 2004 :

CURRENT STATUS:

VALID .

CONDITIONAL LICENSE (53 -3-23 2)-N/A ALCOHOL RESTRICTED DRIVER (41 - 6a-530)-N /A I GNITION INTERLOCK DEVICE (RESTRICTED DRIVER)-N/A SEE MVR FOR ALL ABEYANCES, 3 YEAR CITATIONS & 10 YEAR DUI OFFENSES. TOTAL NUMBER OF PAGES I N THIS CERTIFIED RECORD: __ _________

I HEREBY CERTIFY THAT I 11M THE CUSTODIAN OF THE RECORDS OF THE DEPARTMENT OF PUBLIC SAFETY, DRIVER LICENSE DIVISION, THAT ALL ENCLOSED DOCUMENTS ARE TRUE, COMPLETE AND CORRECT COPIES AS CONTAINED WITHIN THE FILES OF THIS DEPARTMENT.

l/k/2M
, I

Further distribution or disc l osure of thi s record is controlled by State and Federal Law .

This is Exhibit ".....•. .... " referred to in the affidavit Of ... £.k::.!.?.....!V!.c..h.d$ swom before me at .... ii iI' e F . a at Brnst Celumbia this

iE!c.l.q.r:.q,c/.Q2

. . . day Of ..J ..h.l.'j.............. 20.W
within the Province of British Columbia

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STATE'S EXHIBIT

12-olG;

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State of Utah
DEPARTMENT OF PUBLIC SAFElY - DRIVER LICENSE DIVISION Nannette Rolfe - Director
• Driver Ucense Record 01/0612010

LICENSE, CLASS: D

3322396

UTAH - DRIVER LICENSE RECORD

TYPE: REN

Page: 1
P.O. 60.1-4450,- Salt L.ake Oly. Utah 84114-lS01 • (801) 955-4437

5\
Licens::! Photo History
3322396· MICHAEL GEORGE EMACK

0110612010

Person Demographics
Name:
MICHAEL GEORGE EMACK

Utah Driver License Pho t o Histo
License:3322396

Id Card:

ICurrent Photo And Signature

Photo Capture Date:

0110312007 00 :00

Photo Captu re Time:

Utah Birth ,Certification
Ru1een Johnson
Name of Child

Female
Sex of Child

. December Salt Lake
County of Birth

6 , 1987

Da te of Birth

Lydia
I ..

"Maide"n

A Bariow
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Utah

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Father', Place of Birth I • . ,. .

32
f a t her s Age
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,

December 14, 1987
Date of Registration

1987 June ' 2S, 2008
Date' Issued
,
,

33876

' File Number

This is an exact reproduction of the docume'1t
Securi ty features of this official

in the State Office of Vital Statistics.
Intaglio Border, V & A images in top cycloids,

ultra violet fibers and hologram Image of the Utah State Seal, over the words "State of Utah". This document displays the date, seal and signature of the State Registrar of Vital Statistics.

Barry E. Nangle State Registrar

UTAH DEPARTMENT OF HEALTH

Office of Vital Records & Statistics
Salt Lake City, Utah

AFFIDAVIT FOR CORRECTION
This is a legal document. Complete in black ink and do not alter.
ANY CHANGES MADE BELOW VOID THIS CERTIFICATE. A NEW CERTIFICATE MUST BE ISSUED TO VALIDATE CHANGES. All vital records are registered as received. Corrections must be made by affidavit. An item on the birth or death certificate may be corrected by affidavit only once; a coun order will be required for sUbsequent corrections. There is no processing fee for affidavits registered within one year of the date of the event. After one year from the date of the event, there is a fee for filing the affidavit which includes one replacement copy. Arfidavits completed with in 90 days of issuance may be given credit for monies previously paid. (Multiple copies may require an additional fee.)

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.

PLEASE RETURN ALL COPIES WITH ONE COMPLETED AFFIDAVIT WITHIN 90 DAYS FOR REPLACEMENT TO: UTAH DEPT. OF HEALTH. OFFICE OF VITAL RECORDS-AND STATISTICS. POBOX 141012. SALT LAKE CITY. UT 84114-1012 BIRTH CERTIFICATES
1 Li$t the fact!> CX;,lCtly 1IS sta ted on the reverse sidc . Opposite each i:cm, correct the infornl;l!ion as it should have been stated at the lime of the bIrth. 2. Who m.1y "Ign Ihg .1llirl;)vll for c:ormr-linno;· If thc person listed on the rc\:ord Is under 18. bom p<1rcntS listed on lhe recor d. If the person listed on the record IS ,B must sign <.I!' onc of the witnesses, unless mentally Incompetent or physically incapac;t3ted. Parents or othe; older relatives are preferred witnesses
lor the second If no father IS IIS\t'!(I on ;Ile record. 1.\n older wlrllivc of the mOlher of legal age may sign. The sign::ltures be nOlari7ftd . from the:lt listed on [he record until the child's first birthday withou t proofs. The first. and/or middle name can be 3 rile pwcnt(s) may ,sdd or correct the cOllected or added without proofs until the chlld·s sixth birthday 4. If the ctuld is under the of sir <lnd there is no father listed on the record, the child·s surname may be corrected to match the mother's maiden name without documentation .

5. Minor corrections In spe!1ing or parents· information may be corrected anytime. Some corrections may require documentary proof. 6. This affidavit cannot be used to add a father to or correct medical information on a birth cenificate.

,

(IS a decedent. or another person who is knowledgeable of the fac ts. 2. The medical inform3tion (Cause of Death) may only be correCted tly the certifying physician or the Medical Examiner.

1. If correc tions to non medieallnform.:nion orc nOl bemg made by the Funeral Home. the Informant MUST sign

DEATH CERTIFICATES

along with an older relative of the

LOCAL FILE NUMBER NAME AS FIRST NAME REPORTED ON

o BIRTH
. ,

o

DEATH

o

STILLBIRTH
STATE FI LE NUMBER

:lb. MIDDLE NAME

REVERSE

, ,

: lc. LAST NAME

2a. FACTS EXACTLY AS STATfD ON THE ORIGINAL RECORD

lb. CORRECT INFORMATION

STATEMENT OF CORRECTIONS

---

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--

WHY tS CHANGE NECESSARY? PROOFS USED TO AMEND RECORD

--

3.

,

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Subscribed NOimy Public My
S

f hereby certify, under penalty of perjury, that I have personal knowledge of the above fiJctS cllld th<lt thc informaiion givr.n is true and correct. 5 SIGNIITURF o r WI1NCSS

Sworn 10 ocfore me this _day of _ _ _ 2D_ expires

OATH OF FIRST WITNESS (MUST BE 18 OR OLDER)

fiOAi"ESicN-[D

--1 1

AC t" OF WITNESS

r.

TELEPHONE II OF WITNESS

9. ADDRESS OF WITNESS (Street. City. State, Zip) 10. RELATIONSHIP TO PERSON IN la: Parent/Guardian Self Funeral Director Informant Other (Specify)
Spouse

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A l

I hereby certify, under penalty o f perjury, that I have personal knowledge of the above f(lets and that the information given is rrue and correct. " . SIGNATURE OF \V1TNES5 OATH OF SECOND 12 . DAlE SIGNED 113. AGE OF WITNESS DAYTIME TELEPHONE WITNESS ( I (MUST BE 18 OR OLOER) 15 ADDRESS OF WITNESS (StrCl{J1. City, Statu. Zip) Hi. RELATIONSHIP TO PERSON IN 13: ParcotlGuNdian Sell FUf\(.'Hlt Dllcc;tor Informant Other (Specrfy)

Subscrlbea & Sworn to Notary Public My Commission expIres

me thiS _

01 _

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OF WITNESS

5
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UDOH-QVRS REV. 0210fJ

Spouse

REGISTRARS USE ONLY: Number of Certificates Replaced: _ _ Initials: _ _ Date:

-::T\..c)

• . Marnage R

Husband:

Father: George Malcom Emack III

-----

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-!!!!!!!

-

Michael George Emack
Mother:

_ . . 0 . . - ._ _ _

--------

Wife:

Father: Fredrick Merril Jessop

---- - -

Ruleen Jessop

Mother: Lydia Ann [Barlow] Steed Jessop

-

Naturalfather: Frank Tilton Johnson

-

Marriage Performed By: President Warren S. Jeffs as mouth Date:

-

-

-

Duration: Time and Eternity

-

August 5, 2004 Merril Jessop . W. Allen Steed Ernest Jessop

Location:

-=------- Home of President Warren S. .leffs at R17 - - - - -== --- -

Witnesses:

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,

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CPS PHOTOS

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CPS PHOTOS

133

U:,\ I\lIbI TY .Ii N tlRTH HLII.TH SUE\n CE:-JTE R", 1',,,, \\:,,,h

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FORENSIC DNA REPORT

July 14, 2008

Accession Numbers: 08-6704, 08-6784, 08-6785 Agency Case Number: 082503772

To the Attention of: Lisa Tanner Office of the Attorney General 300 W 15'" Street Austin , TX 78701

ITEMS RECEIVED: Received from Henry Guevara on May 27, 2008: 08-6704.1 Envelope labeled "Ex. #14 .. . Blood Sample Michael George Emack . containing blood tube labeled" ... Emack, Michael George ... " containing liquid

Received from John Schneemann on June 5, 2008:
:;;b2:ed "Rule.. J.:.r,ilSCi! deb 7-28-05 "" "" containing a swab package labeled " .. Rulon Johnson ... " containing two swabs

08-6785.1

Envelope labeled "Ruleen Johnson Emak .. . " contain ing a swab package labeled " .. Ruleen Johnson .. . " containing two swabs

RESULTS: Human DNA extracted from items 08-6704.1, 08-6784.1 and 08-6785.1 was analyzed for l fifteen (15) genetic loci using the Applied Biosystems AmpFISTR Identifi,er system . The results from this testing are detailed in the accompanying table. Page 1 of 3

July 14, 2008 Accession Numbers: 08-6704,08-6784,08-6785 Agency Case Number: 082503772 Forensic DNA Report

Item

I

Locus
D8S1179 D21S11

D7S820
10,12

CSF1PO

03$1358

n(l1

0135317

O16S539

08-6785.1
Mother. Ruleen Johnson

10,11

28,30

12,13

15,18

6,9.3

11,13

9,11

08-6784.1

O1ild: Rulon
Johnson

10,11

28,28

10,10

10,12

15,16

9.3,9.3

12,13

11 ,13

08-6704.1

All eged Father. Michael George
Emack

11,15

28,30

8,10

9,10

16,19

9.3,9.3

11,12

12,13

I

Locus

Reference Item
0251338 08-6785.1 O19S433
vWA

TPOX

O18S51

D5S818

FGA
19,20

Ame/

Mother. Ruleen
Johnson

18,21

12,15

15,18

11 ,11

12,16

12,12

x,X x,y x,y

080$784.1

Olild: Rulon
Johnson

18,23

12,13

17,18

10,11

12,16

12,12

20,22

08-6704.1

Alleged Father. Michael George
Emack

I

18,23

13,15

16,17

10,11

16,16

11,12

20,22

CONCLuSiONS: The alleged father, Michael George Emack, represented by item 08-6704.1, cannot be excluded as the biological father of the child , Rulon Johnson, represented by item 08-6784.1 . Based on the DNA analysis conducted , at least 99.99997% of the male population is excluded from the possibility of being the biological father of the child, Rulon Johnson. The observed genetic results are 2.995.000 times more likely under the scenario that Michael George Emack is the true biological father of the child Rulon Johnson than if the father is an untested, unrelated random man from the Caucasian population. The probabilrty of paternity is 99.99996% (Prior Probability of 0.50) as compared to an untested. randomly chosen person of the Caucasian population. Page 2 of 3



July 14, 2008 Accession Numbers: 08-6704, 08-6784, 08-6785 Agency Case Number: 082503772 Forensic DNA Report The observed genetic results are 4.156.000 times more likely under the scenario that Michael George Emack is the true biological father of the child Rulon Johnson than if the father is an untested, unrelated random man from the African American population. The probability of paternity is 99,99997% (Prior Probability of 0.50) as compared to an untested, randomly chosen person of the African American population. The observed genetic results are 60.260.000 times more likely under the scenario that Michael George Emack is the true biological father of the child Rulon Johnson than if the father is an untested, unrelated random man from the Southwestern Hispanic population. The probability of paternity is 99.999998% (Prior Probability of 0.50) as compared to an untested, randomly chosen person of the Southwestern Hispanic population. Statistica l calculations are based on allele frequency data for the relevant populations as presented in Budowle B, Moretti TR, Baumstark AL, Defenbaugh DA, Keys KM. Population Data on the Thirteen CODIS Core Short Tandem Repeat Loci in African Americans, U.S. Caucasians , Hispanics, Bahamians, Jamaicans, and Trinidadians. J Forensic Sci 1999;44(6):1277-1286. Allele frequency data for D2S1338 and D19S433 was obtained from Budowle B, Collins PJ, Dimsoski p, Ganong CK et al. Population Data on the STR Loci D2S1338 and D19S433. FSC 2001 ;3(3). All evidence will be returned to the submitting agency unless otherwise instructed. In the event that you have any further questions, please feel free to contact the laboratory at (817) 735-2645. The above is the opinion of the undersigned, and this report shall not be reproduced without written or verbal permission. Sincerely,
. .I

Y'G'if1V
Farah Plopper Forensic Analyst UNT Center for Human Identification

.-

({VVi

Amy Forensic Analyst UNT Center for Human Identification

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END OF REPORT

Page 3 of 3



01

Th'IS . Exh·b·t·.......... IS I I affidavit of ...

£ .....

ed to . the In

..... N..!."(.h..(d.!? swornbeforemeat. ..E../dCi.ICc...do
iii the PFsliRee ef OritiSA C9iuRibia this

./

Texas, u s fJ .

.H.:?0.day o f I0JY. .........•
...........

20.1..0
G{se

A Commissioner for taking Affidavits -tor within the Province of British Columbia

Barrister and Solicitor Ministry of Attorney General
1301 - 865 Hornby Street

Eval. Ross

vancouver, B.C. V6Z 2G3 (604) 660-3093

CASE No. 993
THE STATE OF TEXAS

COUNT SINGLE INCIDENT No.lTRN: 9131753701

v.
MICHAEL EMACK STATE ID No .: TX08213405

§ § § § § § §

IN THE 51ST DISTRICT COURT SCHLEICHER COUNTY, TEXAS

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
Judge Presiding:
Attorn ey for State:

HON. BARBARA L.WALTHER ERIC NICHOLS, ANGELA GOODWIN, STEPHEN LUPTON

Date Judgment Entered:
Attorney for

January 22, 2010 RANDY WILSON, BRANDON HUDSON, DONALD PAYNE

Defendant:

Offense for which Defendant Convicted:

Sexual Assault of a Child
Charging Instrument: Statute for Offense:

INDICTMENT
Date of Offense:

22.01l(a)(2) Penal Code

10/6/2004
Degree of Offense:

2ND DEGREE FELONY
T erm s of Plea Bargain:

Plea to Offense: NOLO CONTENDERE

Findings on Deadly Weapon:

N/A

SEVEN (7) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Plea to 1St Enhancement

Paragraph:
Findings on 1 5t Enhancement

N/A N/A
1122/2010

Plea to 2nd EnhancementiHabitual

Paragraph:
Findings on
2nd

N/A N/A

Paragraph: Date Sentence Imposed:
Punishment and Place of Confinement:

EnhancementlHabitual Paragraph: Date Sentence to Commence:

1122/2010

Seven (7) YEARS INSTITUTIONAL DIVISION, TDCJ THIS SENTENCE SHALL RUN CONCURRENTLY.

o

SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR
Court Costs:
Restitution:

N/A

D VICTIM (See Attached Waiver and Stipulation of Evidence) $N/A $N/A D AGENCYIAGENT (See Attached Waiver and Stipulation Sex Offender Registration Requirements apply to the Defendant. TEX. CODE CRIM. PRoe. chapter 62
$ See Attached Bill Of Costs

Restitution Payable to:

The age of the victim at the time of the offense was younger than 17 years.
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.

From 7/28/2008 to 8/612008
Time

From 1122/2010 to 112212010
to
Dr

From
to

to

Credited:

Froro

to

From

From

TfDefendant is to serve sentence in county iail

is given credit toward fine and cost..c:;, enter days credited below.

N/A DAYS

NOTES: N/A

All pertinent inConDa.tioD. Dames and assessments indicated above are incorporated into the language of the judgment below by r eference .

This cause was called for trial in Tom Green County, Texas. The State appeared by her District Attorney.

o

Counsel/Waiver of Counsel <select one) r:;<'J Defendant appeared in person with Counsel.

Defendant knowingly. intelligently, and voluntarily waived the right to representation by counsel in writin b in open court.

993 Schleicher County Michacl Emack - Judr;;ment

Paroe lor 2

Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9. The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.
Punishment Options (select one)

03

[2J Confine:ment in State Jailor Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the
Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the District Clerk. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to County, Texas on the date the sentence is to commence. Defendant shall be confined in the the custody of the Sheriff of County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the County. Once there, the Court ORDERS Defendant to payor make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution I Suspension of Sentence <select one) The Court ORDERS Defendant's sentence EXECUTED. The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.

o

o
o

Furthermore, the following special findings or orders apply:
The Court ORDERS Defendant to apply for an original or renewed Texas Driver's License or personal identification certificate not later than 30 days after release from confinement or upon receipt of written notice from the Texas Department of Public Safety (DPS). The Court further ORDERS Defendant to annually renew the license of certificate. The DPS shall place an indication on the Defendant's driver's license or personal identification certificate that the Defendant is subject to the sex offender registration requirements. The Court ORDERS the clerk of the Court to send a copy of this order to the DPS and to Defendant. TEX. CODE CRIM. PROC. Art. 42.016.

RENDERED and ENTERED on January 22, 2010, but SIGNED this day

Of_-'-<f-iz-'--"--'Sc.,),...J'--'-O"'----

BARBARA L. WALTHER
JUDGE PRESIDING

993 Schleicher County Michacl Emack·

Page2o£ 2

DISTRlCT COURTS OF SCHLEICHER COUNTY

NO. 993

TIlE STATE OF TEXAS
VS .

IN TIlE DISTRlCT COURT OF

SCHLEICHER COUNTY, TEXAS

MICHAEL EMACK
ATTACHMENT TO JUDGMENT DATED I" ...,2,.,2"-"::...t""O'--_ __

FINGERPRlNT OF DEFENDANT RIGHTTHl)MB

DEPUTY SHERIFF/ BAILIFF COUNTY

This is Exhibit •.. affidavit of ...

Er:[( .... Jt/./t..h.d:'?

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referred to in the

sworn before me at Iii tile PIOvlllC€ of BlllIS" Columbia this .7"!!2 day

............. 20.10
......................... .

...............

A Commissioner for taking Affidavits

within the Province of British Columbia

Eval. Ross
Barrister and Solicitor Ministry of Attorney General 1301 - 865 Hornby Street Va 8 c. V6Z 2G3 (604) 660-3093

00

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FeOER A L SECURITY """ aI-I e HUI,.TH .«"VleI:

CERTI FICATE OF LIVE BIRTH

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This Is lin exact reproduction of Inc document reg istered In the Sta la Offlco of VitoI Statistics. Securit y fcoturos 01 th is officia l document Include: Inl3gll0 Border, V & R Im.,g cs In top eyelaids, ultra vi ole t fibers nnd hologram imag e of the Utah State Seal. over the word s M Stotc of Utah" . This docum ent d is plays the dale. seal and slgnatu ro of the Sl ate Reg istrar of Vilol Statistics.

Barry E. Nangle Slate Registrar

UTAH DEPARTMENT OF HEALT11 OWee of Vital Rccords & Statistics
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Instructions for filling out the Marriage Record Full name of husband. wife. and the parents at the time of the marriage sealing. If, at the time of the marriage sealing, the natural father of either husband or wife is different from the Priesthood father, please give both names in full. Or if the father of husband or wife is deceased and there is a stepfather, please give both names if full. Marriage performed by: The name of whoever was mouth for the sealing. Duration: Circle either Time and Eternity or Time Only. Specify if it is a resealing. Witnesses: Two or three Priesthood bearers that were eye-witnesses.

Note: If there is an original sealing and a resealing performed during the administration of President Jeffs, please fill out a Marriage Record sheet for each sealing.

18
Tuesday, January 6, 2004
9:25 a.m. Dictation

My last dictation was Saturday morning on my way from RI to RI7 with the family. We drove from Rl to RI7 from 8:00 a.m. in the morning Saturday until around 1:00 a.m. in the morning Sunday morning. I had Naomie bring her computer speakers so that I could have the people at R 17 hear what I said at the Saturday meeting by telephone. I have had much contemplation of all these events and preparations, yearning for Zion and yeaming to know who from among our Priesthood people is Zion, prepared for the redemption of Zion; and how very few there are that are truly prepared, able to receive the knowledge of God in its fu1ness, but with the Lord's help I will go forward. I love God the Eternal Father most. Whatever He requires me to go through I yearn to do so through His strength with rejoicing. I worship and follow a God who has all power, a God of miracles, and He works among His children according to their faith. We must first trust in Him to earn His blessings of this life and the life to come, and the eternal blessings earned in this life to benefit us here and in the life to come. I fear no man. I yearn for this people. I pray the Lord to guide my words in all I do, even this dictation to be His truths. I drove the lead vehicle with Naomie in the car so I could be alone with my scribe to dictate and so that I could receive phone calls and take care of h", ine« "no prenare for what be done this week. And I took many phone call appointments and settled many issues on the way to Rl7 through Saturday. In talking to some family members in Short Creek by phone, I could see they were shaken and very concerned about being prepared in time, as they were realizing that Uncle Fred would not be the Bishop. And many are praying more fervently than they ever have to prepare. I had Ben Johnson drive the motor home, Nephi Jeffs with Mike Emack were in the pickup with the trailer. The weather improved as we got further south. I later learned that the stonny weather followed behind us and we were favored with better and even clear weather most of the way.

On the way I got a phone call, that Nephi's one-year-old boy, Enoch' s son, Nephi's stepson, swallowed something and stopped breathing. They rushed him to the hospital. The next report I received by phone was that he was okay and was released. I had Isaac leave the day before with my daughter Lenora and ladies Paula, Gladys, and Carla, and also LeRoy's wife Sally. Because we were stuck in the snow at RI, I had them stay overnight in Albuquerque in a motel and wait for us. So we made our rendevous and met with Isaac and those ladies around 2:00 o'clock p.m. in the afternoon Saturday in Albuquerque. I had my daughter Lenora and wife Annette get in the lead vehicle with me and Naomie and the other ladies get in the motor home, and we traveled in that arrangement to SantaRosa; and I gave Lenora the training of the places of refuge and had three revelatioris read of September 17, 2003, October 23,2003, and December 1,2003 . She dec1aredshe believed and also entered into the covenant of keeping these sacred and secret and to live the fulness of the United Order. As we arrived in Albuquerque, I got another phone call from Rich Allred from Short Creek, my phone answerer there at the Jeffs' property. He said that Nephi's one-year-old boy, Daniel, through Mary, Enoch's son, Nephi's stepson, had passed away, that on the way back from the hospital to Short Creek the boy stopped breathing. They rushed him to the fire department in Hurricane who rushed him to the hospital and the
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arranged for Nephi to drive the vehicle Isaac had brought back to Short Creek to be with his family and Isaac and Mike Emack were in the pickUp and trailer to go to R17. Nephi told me by phone that right north of Albuquerque he met stormy, snowy weather, snow packed roads most of the way, showing us how the Lord had favored us with the weather we needed to travel with all those people. As we fueled up at SantaRosa, I had Isaac be the lead car with the truck and trailer. I drove the motor home. Mike Emack and Ben Johnson had been up all night. They took turns resting and driving behind me with the white Ford Explorer, Nephi's car. The motor home had a sweet spirit in it. The Lord has just been hastening me, and I have
Record of President Warren Jeffs

Tuesday, January 6,2004

Page 8

19
been on the Lord's schedule through all of this . I didn't tell the ladies or children where we were going until we got there. But they could see that we were going further south than that state. We arrived at RI7 around 1:00 a.lIl. in the morning, early Sunday morning. I intended to leave the motor home to be part of the living quarters. I assigned Sally the back room, and Monica and some of her children the front of the motor home, and arranged a boys room and the girls in the living room, Annette and Lenora and children in a room and Mother Gloria, father's wife, in a bedroom. We had our kneel down thank you prayer at that time. I said I would be there Sunday to have a meeting. And I and NaolIlie, in one car, and Isaac and Mother Jennifer and Mike Emack in the truck, traveled to SanAngelo and stayed in a motel. I went through the heavenly session there in the motel room, was directed to do certain things, hold a meeting at 10:30 a.m. R I time and be gone in the afternoon to go back to R I to establish our training sessions there. At 10:30 a.m. I arrived, dressed in my Sunday clothes, and we held a meeting from 10:30 a.m. until I :00 o'clock p.m. Merril Jessop and Allen Steed bore their testimony in support of this project and mission. I then gave a strong training, which included a reading of the revelation December 24, 2003, about certain men not holding Priesthood. All present received the revelation and the training as the word of the Lord. They were trained about the marred servant and how they had a living example at RI, wherein the Lord renewed strength in a heavenly way. That they were not left without an example that it could be done. I changed, intending to leave right away . I met with Ernest Jessop, the appointed presiding Elder for now at R17, with Merril Jessop and Joseph Steed. I handed Joseph Steed and Merril Jessop $20,000 to start the farming project and Ernest a couple of thousand extra. All gave their reports. There they informed me that the east neighbor had been over by the fence line watching all these families the day before and this morning, Sunday morning, and I was alarmed that we had been so careless in not hiding away these people. So I directed Ernest to move most of the people back
Record of President Warren Jeffs

into the trees. Move the trailer houses and motor home and tents as a priority of protection. I told them I would send David Allred to talk to the neighbor and just explain the families of laborers were there to build a couple oflodges, or houses. I then took the time to drive with Allen Steed, Merril Jessop, Joseph Steed, Ernest and Mike Emack up the road to where the water system will be established, to look at the house locations, and the orchard and garden locations. The discussion on the present condition was made declaring that in many places the distance from the well to the proposed site of the water tank, there was only a couple of feet at most oftopsoil and the limestone below that was so hard, it was like glass as they tried to scrape it. It wouldn't break through. They expressed their thoughts on how to deal with the present condition. I felt an alarm as I listened to them, as we drove back -- kind of a light-minded talk, especially with Allen Steed, discussion between the brethren -- how people do when they take a present condition without a living faith. Merril Jessop was most fervent in his expressions of faith, saying he knew the soils could be renewed. Others just said the soil is weak. When I returned back to the main house, with me ready to go, Allen Steed then asked, "Do you want us to get dynamite? That is where I was awakened to the fact that these men were receiving this test as it was, "Or should they get hammer drills, or attachments for the backhoes? They declared how slow going it would be and take much time to build this water system and dig the pipelines. I could see everyone was approaching this whole project with the attitude of how things are done in this earth today, and my simple answer after hearing it all was, "The Lord showed me He would soften the rock if we would be faithful." And they went on talking about what to bring and what to do. I told Joseph Steed, Merril Jessop, and Allen Steed to go back to Short Creek and bring what they needed to do their work. And a yearning feeling came over me, for I knew the Lord had sent me on this project, directed these lands to be purchased, and it is a land to be conquered and not by the power of mere mortal strength or wisdom or tools or abilities. I felt an alarm that these men were approaching this whole thing according to
Tuesday, January 6. 2004

Page 9

Marrialle 11
Husband: Father: George Malcom Emack ill

Michael George Emack
Mother:

Wife:

Father:

Fredrick Merril Jessop

Ruleen Jessop

Natural father: Frank Tilton Johnson
Mother: Lydia Ann [Barlow] Steed Jessop

Marriage Performed By: President Warren S. Jeffs as mouth
--

Duration: Time and Eternity

Date:

August 5, 2004 Merril Jessop W. Allen Steed Ernest Jessop

Location: Home of President Warren S. Jeffs at R17

Witnesses:

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Saturday, August 7, 2004

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Saturday. August 7, 2004

Page 64

Record ofPresidcDtWarren Jeffs

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August and at 9:00 o'clock p.m. I was meeting with Merril Jessop, his daughter RuIeen and her mother, his wife Lydia. She entered mto the covenants to help in the establishment of Zion and to live the fulness of the United Order. Then I informed her that the Lord wanted married to Mike Emack.

dining room and give them a training. But when 8:00 o'clock p.m. came I was stopped, the Lord stopped me. Then these men showed up and I simply said, '"You two come back and be witnesses." So at 9:00 a 'clock p.m. there was present Merril Jessop, Allen Steed, Ernest Jessop as witnesses with my scribe and Lydia the mother, and there RuIeen Jessop was sealed to Michael
Saturday, AUJ?:ust 7, 2004

Page 68

Record of President Warren Jeffs

George Emack for time and all eternity, in my office, the Lord doing it through Priesthood and· the Spirit of God, and Mike Emack was just happy and chipper and bubbly, very encouraged. I told him he could no! tell his family in Short Creek because what takes place on the lands of refuge is sacred and secret, and he understood, and I ·had Ernest Jessop find an apartment for them.

Record of President Warren Jeffs

Page 69

Saturday, August 7,2004

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Father'S Age

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This is an exact reproduction of the document registered in the State Office of Vital Statistics. Security features of this official document include: Intaglio Border, V & A images In top cyclolds,
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UTAH OEPARTMENT OF HEALTH

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Current as of AprilS, 2010

Michael George Emack FLDS Elder
DOB: 12/13/1950
Blood drawn on 419/2008 Father: George Malcom Emack III Mother: Martha Lilly Schatek

Sarah Hammon
DOB: "(811956

Cella Ann Barlow
DOB: 4/2711965

Alice Mae Hammon
008: 3128/1951

oos: 121611987

Ruleen John.on Jessop

UIah

Married: 71301197401 Ula/\ U<:<nse No. A 4029 Father: J . Marion Hammon
Mother. Alice Barlow

Married: 8/17/198510 Ulah
Father: Daniel Barlow

Married: 10124/199610
Father: J. M. Hammon Mother. Alice Barlow

Married: 8/512004 al R 17 Father: Frank Tittoo Johnson

Mother: Dorthea Marie Mills
Ann Marfe Emack

M other. l yda Am Bar10w Steed Jessop Fredckk Melril Jessop

DOB: 81611987 POB: Hildale, Utah
Ruth Emack

Rulon IIkhatI Johnson

008: 712912005

DOB; 1Oni1988
POB: Hildale, Utah

"'"' 0t0fVt Emldl J
008: 1211311991 POB: Hilda". Utah

Samantha ;Johnson 008; 12120/2007

Nolly Emack DOS: 11117/1996 POS: Hildale, Utah

Marla Emick OOS: 212211999 POB: Hiidale. Utah
Johanna Emack DOS: 8130/200 1

POB; Hildale, Utah

Malvina Emick OOS: Unknown
POB: unknown

This is Exhibit • .. affidavit of ..
10

.G.J:.:ic:.. ....!JI.ic.:ht!.!..<;;. sworn before me at .c;.Id.a.r <?c.d OJ
the Province of British Columbia this .. .7!!'..day of ..

G.· .

referred to

10

tne

Texas, LIS ./}

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.................................

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A Commissioner for taking Affidavits within the Province of British Columbia

Eval. ROSS .
sarrister and
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Nbn'S",

1301 VanCOuver.

of Attorney _ _ 86S Hornby

C V6Z 2<33 ..nQ3

CASE

NO. 998 COUNT Single INCIDENT No.lTRN: 9131753701
§ § § § § § §

THE STATE OF TExAs

IN THE 51ST DISTRICT
COURT

v.
MITCHAELGEORGEEMACK
STATE ID No.: TX08213405

SCHLEICHER COUNTY, TEXAS

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
Judge Presiding: Attorney for State:

BARBARA L. WALTHER ERIC NICHOLS/STEPHEN LUPTON
HON.

Date Judgment Entered: Attomeyfor Defendant:

4115/2010

RANDY WILSONIBRANDON HUDSON

Offense for which Defendant Convicted:

BIGAMY
Charging Instrument: Statute for Offense:

INDICTMENT
Date of Offense:

25.01 Penal Code
Plea to Offense: Findings on Deadly Weapon:

4/8/2008
Degree of Offense:

3RD DEGREE FELONY
Terms of Plea Bargain:

NOLO CONTENDERE

N/A

SEVEN (7) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Plea to l at Enhancement Paragraph: Findings on In Enhancement Paragraph: Date Sentence Imposed:
Punishment and Place of Confinement:

N/A
N/A

Plea to 2nd EnhancementIHabitual Paragraph: Findings on 2nd ·EohancementIHabitual Paragrapb: Date Sentence to Commence:

N/A

N/A

4/15/2010

4115/2010

Seven (7) YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN

SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A Restitution Payable to: · Court Costs: Restitution: VICTIM (See Attached Waiver and Stipulation of $ See Evidence) Attached Bill $N/A sN/A AGENCY/AGENT (See Attached Waiver and Of Costs Stipulation Sex Offender Registration Requirements do not apply to the Defendant. True CODE CRIM. FROC. chapter 62

o

CONCURRENTLY.

o

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The age "fthe victim at the time ofthe offense was N/A .
IfDgfendant ill to serve Ilen\;(mge jn TDCJ entc:r incarceration periodll in chronological order

From 8/2212008 to 8122/2008

From 112212010 to 4115/2010
to

From

to

Time Credited:

From

to

From

r'rom

'0

IfDefondllnt js to Born sentence in county jail at' is given credit toward fine and costs enter days credited below

N/A DAYS

NOTES: N/A

All pertinent information, names and a,ses:rm.ent, indicated above arll incorporated into tho IUnCl'llG"a ortho judcment bolow by reference.

o

This cause was called for trial in Tom Green County, Texas. The State appeared by her District AttoI'Iley. Counsel/Waiver ofCouDsel <select one) . t8l Defendant appeared in person with Counsel. Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to

!

J

95·
stand trial} made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant. The Court FINDS Defendant committed the above offense and ORDERS. ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if 80 ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9. The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) 181 Confinement in State Jail or Institutional Division. The COUIt ORDERS the authorued agent of the State of Texas or the Sheriff ofthia County to take, sa,£:ely cOllvey, and delivel' Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be con1i.ned for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the District Clerk. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay. any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of County, Texas on the date the sentence is to commence. Defendant shall be confined in the County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D Fine Only Payment. Tbe punishment assessed against Defendant is·for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the County Distdct Clerk. Once there, the Court ORDERS Defendant to payor make 8.lTaDgements to pay nIl fines and court costs as ordered by the Court in this cause. Execution I Suspension of Sentence <select one) The Court ORDERS Defendant's sentence EXECUTED. The Court ORDERS Defendant's sentence of con1i.nement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of ::ommunity supervision. The order setting forth the terms and conditions of community supervision is incorporated into this iudgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcel·ated.

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Furthermore. the following special findings or orders apply:

RENDERED and ENTERED on April 1:;, 2010, but SIGNED this day

of_v-,-,I'-.2f_/.:.../G _ __

BARBARA L. WALTHER
JUDGE PRESIDING

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[

Cause#

q9R
IN THE DISTRICT COURT SCHLEICHER COUNTY 51ST nmrCIAL DISTRlCT

TIlE STA1E OF 1EXAS VS. .

Attachment to Judgement Dated tt -11"-10

Fingerprint of Defendant Right Thlimb

Deputy

County Sheriff's Office .

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