Extreme Religious Persecution of Swami Prakashanand Saraswati by Hays County District Attorneys Sherri Tibbe and Cathy Compton
Administrator
County District Attorney Sherri Tibbe and Cathy Compton
In 2011, Swami Prakashanand Saraswati (Shree Swamiji) was convicted on
charges of groping Kate Tonnessen, Vesla Tonnessen Kazimer and Shyama
Rose - three white women - 15 years earlier. There was no evidence or
witnesses to back up the accusations by Kate Tonnessen, Vesla
Tonnessen Kazimer and Shyama Rose. Furthermore, Hays County Sheriff
and Hays County District Attorney Sherri Tibbe (who prosecuted the
case) admitted or defended destroying crucial evidence, on which Swami
Prakashanand Saraswati's defense hinged.
How a Swami with no prior accusations was convicted based on no
evidence or witnesses? Many groping cases don't even have witnesses.
They occur behind closed doors. Kate Tonnessen, though, made the
bizarre claim that dozens of people were present when she got
"groped". She couldn’t remember their names or anything about them.
Conveniently, none of them showed up in court. Kate Tonnessen, Vesla
Tonnessen Kazimer and Shyama Rose were unable to answer 200 questions
about the alleged incidents. At trial, Kate Tonnessen, Vesla Tonnessen
Kazimer and Shyama Rose had a prepared skeleton story of what happened
- each unable to answer anything outside of that skeleton story.
The charges were ridiculously weak. Even to their best friends, to
whom they told everything, Kate Tonnessen, Vesla Tonnessen Kazimer and
Shyama Rose had not made even a whisper of the allegations was made
until 10+ years after the alleged crimes. They had never even spoken
about it to each other, even though two of them were sisters. I have
been assured by criminal prosecution attorneys, as well as criminal
defense, that the case should never have been brought from the
beginning. Nothing that Kate Tonnessen, Vesla Tonnessen Kazimer and
Shyama Rose ever did prior to 2007 - neither in behavior nor in word,
indicated that anything had happened to them 15 years earlier. They
returned to the temple year after year. They had been employed by the
temple years after the alleged "groping" took place. They were not
even witnesses of each other.
On the other hand, there were a lot of defense witnesses who said the
accusers were "habitual liars". They said that Swami Prakashanand
Saraswati never spent time alone with girls, and that no groping ever
took place. What's more, defense witness after defense witness had
some physical evidence to back up their statements (photos, documents
etc.). Prosecution had nothing but an inconsistent story told three
times. None of the women's family members or childhood friends
supported them as witnesses in the trial.
A sister of Kate Tonnessen and Vesla Tonnessen Kazimer claimed that
her sisters were "habitual liars". They blackmailed their family. They
threatened to "bring down" the organization if their family did not
leave. This was a family feud. Swami Prakashanand Saraswati was
collateral damage.
The biggest criticism is in the way the Hays County District Attorney
and Sheriff's office led the joint investigation into the allegations
against Swami Prakashanand Saraswati. There was no investigation
whatsoever. How could the Hays County District Attorney and Sheriff's
office bring about charges against Swami Prakashanand Saraswati when
they:
1. Didn't interview Swami Prakashanand Saraswati at all;
2. Didn’t interview anyone at his temple;
3. Didn’t even visit the Barsana Dham to see that Swami Prakashanand
Saraswati was surrounded by crowds all the time;
4. Didn’t visit any of the locations where the alleged events
occurred.
These were generic charges. They could be applied to any Hindu
religious leader. There was no effort to specifically investigate the
allegations against Swami Prakashanand Saraswati. The ‘evidence’ and
‘investigation’ were 100% the women's statements.
An investigation would have shown that Swami Prakashanand Saraswati
has given speeches and religious services to literally millions over
the years. Hundreds of thousands have come to Barsana Dham. He has
stayed in the homes of families around the world since he was 30.
There was NEVER one whisper made against him of sexual misconduct.
This is not the pattern of a child abuser (i.e., lots of opportunities
for contact, in the public eye, but all of a sudden, in his late 60’s
and 70’s he starts groping girls? Such behavior would normally have
been noted much earlier). Furthermore, ALL of the Hays County District
Attorney Sherri Tibbe and Hays County Assistant District Attorney
Cathy Compton's "information" about Swami Prakashanand Saraswati and
Barsana Dham was scraped from wikipedia, ant-Hindu facebook pages and
other internet sites.
Kate Tonnessen had already cried wolf to child protective services.
She alleged that a minor had been molested by Kripaluji Maharaj, the
religious leader of the temple. In that case, CPS did conduct an
investigation. The investigation cleared and dropped that accusation.
Kate Tonnessen, then, in fury pushed Shyama Rose and Vesla Tonnessen
and Tui Rose to make accusations against Swami Prakashanand
Saraswati.
Not only was the ‘evidence’ and ‘investigation’ based 100% on Kate
Tonnessen, Vesla Tonnessen Kazimer and Shyama Rose's statements - the
women's recorded statements were destroyed or lost by both the Hays
County District Attorney's office AND the Hays County Sheriff's
office. The tapes went missing from the Hays County Sheriff's office
evidence room. The backups at the Hays County District Attorney's
office were corrupted and unusable. The computers used to copy the
tapes also vaporized from the Hays County Sheriff's office. Swami
Prakashanand Saraswati's defense team fought to get access to that
evidence - evidence which their case hinged on. After all, Kate
Tonnessen, Vesla Tonnessen Kazimer and Shyama Rose's initial
statements to the police were the crux of the case. There was no other
evidence. A visiting judge demanded that the evidence be handed over
to Swami Prakashanand Saraswati. Only after that, did it come to light
that it had all vaporized. Someone did not want that testimony to ever
see the light of day. Can you honestly say that you believe this is
normal that every trace of the defense evidence can vanish from
multiple locations?
Most similar offenses (but current offenses, not decade-old) of
groping would be rolled into 1 count of misconduct for each purported
victim (2 counts total). Instead, they made it 10 counts for each girl
- a total of 20 counts. It sounds extreme. The judge and press loved
to dramatize that number. The nature of the charges (groping rather
than rape etc) should have been of a lower class charge, eg 3rd degree
felony or misdemeanor instead of 2nd degree felony. The higher
category of charges were only for PR purposes.
There was a sealed warrant for arrest of Swami Prakashanand Saraswati.
With no warning he was arrested as he disembarked from the airplane,
into Dulles, VA airport. They could have waited for him to come to
Austin and inform at that time (or arrest at that time). Without
questioning or giving him right to call an attorney, Swami
Prakashanand Saraswati was put into jail in Virginia for 3 nights.
They did not provide Swami Prakashanand Saraswati with a telephone or
a lawyer. They, more than likely, didn’t even read him his rights.
Swami Prakashanand Saraswati was taken to Austin in handcuffs with
armed escort.
Swami Prakashanand Saraswati's bail and bond were probably the highest
in state history according to several expert lawyers—and this for 2nd
degree felony, not rape, not murder, not multiple murders, etc.
During the 2 week trial, the prosecuting Hays County District Attorney
gave no reason whatsoever as to how the Hindu religious leader, Swami
Prakashanand Saraswati, could be guilty - or even possibly how he
might be guilty - other than he was a Hindu religious leader, and his
"fanatic" supporters "would defend him, wouldn't they?"
Hays County District Attorney Sherri Tibbe and Hays County Assistant
District Attorney Cathy Compton spent the entire trial attacking the
defense witnesses on religious grounds. The judge didn't put a stop to
it despite repeated demanding cries from defense lawyers for a
mistrial. Defense witnesses were portrayed as liars, based on no
evidence other than they were "fanatics". They were liars by default.
Hour after hour, Swami Prakashanand Saraswati’s defense witnesses were
mocked and insulted and portrayed as evil, criminal and brainwashed
without any evidence or reason given. If you were a small town
conservative jury member, what verdict would you have given?
The perception that Hays County District Attorney Sherri Tibbe wanted
to portray to the public and the media was that someone dangerous was
in the courtroom. Hays County District Attorney Sherri Tibbe and Hays
County Assistant District Attorney Cathy Compton were shadowed by
scary looking security guards as they entered and exited the
courtroom. Even the media asked Hays County District Attorney Sherri
Tibbe what the unprecedented level of security was all about. Hays
County District Attorney Sherri Tibbe never gave an answer. Hays
County District Attorney Sherri Tibbe continually called Barsana Dham
a "compound" to stir up memories of other cases that have nothing to
do with Barsana Dham.
To a conservative and highly uneducated jury, Swami Prakashanand
Saraswati was the follower of a religion that sounded like “Voodoo.”
This fear was accentuated when one of the women accused Swami
Prakashanand Saraswati by-proxy of being a devil worshiper. Hays
County Assistant District Attorney Cathy Compton called him a “fox.”
Hays County District Attorney said he should definitely go to jail for
400 years because he sits on a chair, is driven in a Lexus, and
traveled to Las Vegas on religious duties. The irony is that Hays
County District Attorney Sherri Tibbe herself drives a Lexus, and also
sits on a chair as most humans do.
In closing arguments, the Jury was carefully instructed by assistant
Hays County Assistant District Attorney Cathy Compton to "use your
gut" in deciding the verdict. The gut feelings of the Jury were that
Swami Prakashanand Saraswati was a bad man. He deserved to go to jail
forever (something the defense characterized as a "death sentence")
despite the fact that defense had physical evidence which demonstrated
that Kate Tonnessen, Vesla Tonnessen Kazimer and Shyama Rose gave
false statements. The closing arguments are a summary or reiteration
of the key points of the trial. So it is clear that the entire
prosecution case was based on nothing but swaying the uneducated jury
with tired old racist stereotypes and clichés.
Perhaps the low point of the trial (if it could get any lower) was in
the closing arguments. When reacting to Swami Prakashanand Saraswati’s
lawyers chart with the timetable of the events, Assistant District
Attorney Cathy Compton threw her hands at those dates and said: "these
dates don't matter. I picked those dates!” Kate Tonnessen, Vesla
Tonnessen Kazimer and Shyama Rose had all claimed (and then
contradicted themselves) that they had filed the reports on their own,
independent of the Hays County District Attorney’s office. If the
Assistant District Attorney selected the dates on which Kate
Tonnessen, Vesla Tonnessen Kazimer and Shyama Rose were groped, how
can the women have them in their reports? Reports that were supposedly
done without collaboration and without any "help" from the Hays County
District Attorney's office? This alone should have been grounds for a
mistrial.
The most obvious feature of the persecution of Swami Prakashanand
Saraswati was that Hays County District Attorney Sherri Tibbe and Hays
County Assistant District Attorney Cathy Compton created a vacuum in
which there was as little as possible for Swami Prakashanand
Saraswati's lawyers to argue against.
The most insidious aspect of the trial was that the women's
inconsistencies and inability to remember anything or answer any
questions was presented as PROOF that they were telling the truth.
Hays County Assistant District Attorney Cathy Compton told the jury
that the women were intelligent enough to have made up a much better
story. Hays County Assistant District Attorney Cathy Compton told the
jury that the lack of evidence and inconsistence was conclusive proof
that Swami Prakashanand Saraswati was a guilty.
Its like saying that a murder suspect is definitely guilty because
there is no evidence. The lack of evidence proves just how skilled he
is at covering up his crimes. Its like saying that a woman is
definitely a witch because she used her magic powers to conceal the
evidence and make the witnesses give false testimony.
In real trials, only the evidence and testimony presented in court is
weighed up by the jury. In witch trials, evidence which proves the
witnesses are lying, is proof that the witnesses are truthful.
For example, Kate Tonnessen said in her testimony that Shyama Rose saw
her being groped by Swami Prakashanand Saraswati. However, Shyama Rose
testified that she never saw it happen to anybody. Shyama Rose said
that she never told anybody about it, and Shyama Rose never testified
she ever talked to Kate about it like Kate Tonnessen said. The
contradiction between the two testimonies, according to Hays County
Assistant District Attorney Cathy Compton, is proof that the women
were truthful and by extension, that Swami Prakashanand Saraswati was
guilty.
Swami Prakashanand Saraswati volunteered for, and passed a polygraph
test, but unfortunately it was inadmissible in Texas courts:
http://www.liveleak.com/view?i=a05_1222970419
Swami Prakashanand Saraswati was given 280 years (to be served in
concurrent 14 year terms) for a crime he did not commit. However, the
fact is that Swami Prakashanand Saraswati was not convicted of 280
years. The Hindu faith was convicted for 280 years. The Hindu faith
was charged, abused and convicted. Swami Prakashanand Saraswati was
selected for internment, because of who he is.
After the trial, it emerged that Hays County District Attorney's
Office has a history of dishonesty, corruption and falsifying of
evidence. In 2009, Hays County Assistant District Attorney Lynn Peach
stormed out in protest of the utter dishonesty of her colleagues at
the Hays County District Attorney's office. An innocent man had been
imprisoned based on false evidence (in 2009). As a result of Hays
County Assistant District Attorney Lynn Peach blowing the whistle, the
man was given a new trial. He was then acquitted. No action was taken
against Hays County District Attorney Sherri Tibbe who initially
defended the falsification of evidence. After Lynn Peach resigned,
only corruption was left at the Hays County conviction factory.
Swami Prakashanand Saraswati's accusers, according to Austin American
Statesman were:
1. Kate Tonnessen, age 31
2. Vesla Tonnessen Kazimer, age 30
3. Shyama Rose, age 27
Swami Prakashanand Saraswati and his 30-year-old organization, JKP
Barsana Dham had enjoyed the support and commendations of Presidents
of the USA, Governor of Texas, successive Austin Mayors. Before 3
women came forward in 2007, there had been no hint of any wrongdoing
on his part. Now the Hindu religious leader is missing - for a crime
he did not commit. His Hindu supporters (who only ever wanted to
practice their faith in the privacy of their own homes and temple) are
being terrorized by waves of rumours and smear campaigns, hackings,
veiled threats by the U.S. Marshal via the media. The media is
choosing to look the other way. All for what? All because of the
baseless accusations of 3 women.
The following note was posted by a supporter of Barsana Dham (Radha
Madhav Dham) on one of the dozens of articles written by Eric
Dexheimer, who followed the case since its inception. Eric Dexheimer
has acted as a mouth-piece for the Hays County District Attorney
Sherri Tibbe and the extreme hate group "The Truth Project" (whose
membership includes some of the false accusers against Swami
Prakashanand Saraswati and who is led by Karen Jonson who uses the
pseudo name Rishika). This message succinctly conveys the helplessness
and frustration of the Swami's supporters, at how the case has been
handled by the media over the past 3 years:
"To Eric Dexheimer:
Why is it that you have written NOT ONE WORD about the extremely
prejudicial manner in which Shree Swamiji and the people at Barsana
Dham were treated during the trial? The DA was verbally abusive, mean-
spirited and religiously prejudiced filling the jury’s heads with
wrong information with nary a concern for justice or truth. Hour by
hour she mocked and insulted Shree Swamiji and Barsana Dham,
portraying the people there as evil, criminal and brainwashed.
She even mobilized a small army of armed officers to “protect her from
the vegetarian, over 50 and peaceful minded devotees” who came to
support Shree Swamiji . Did you know that they ( Hays County Assistant
District Attorney Sherri Tibbe Cathy Compton and Hays County District
Attorney Sherri Tibbe) had snipers in position on the roof of the
courthouse with guns trained on the Barsana Dham devotees the day of
the verdict who are parents, grandparents, doctors, housewives, office
workers, you name it - i.e., ordinary people - did you know that???
No, that was not of interest. You just piled on - even this story
about the name change was leaked to you by a woman who runs a hate
blog. Of course, now that I have spoken up in support of the ashram, I
will be attacked here in this forum because, God forbid, I’m not
joining in all the verbal bloodletting. Okay, I’ll say it so you all
don’t have to. I’m evil, I’m brainwashed, and I’m criminal. There, now
I did that for you.
Eric, use your considerable intelligence to look into the broader
circumstances of the trial. The charges were 15 years ago, there was
no evidence, there were no witness, there was lost testimony, there
was an outrageous bail/bond amount and the punishment was totally off
the charts - 280 years! 280 years!!! A murderer in Texas gets 25
years! Lawrence Taylor gets 6 years’ PROBATION for rape of a minor!!!
Case after case - do your research, Mr. Dexheimer.
And remember that as a man, if you get into an elevator with a woman
and you are alone with her, in a matter of a few minutes while the
elevator takes you to another floor your life can be ruined and you
can easily be convicted of molestation - without evidence, without
witnesses - purely on her testimony. I can tell you that I will no
longer be alone with any woman except my wife.The judge, the Hays
County District Attorney Sherri Tibbe and Assistant District Attorney
Cathy Compton partook of a real southern style lynching. I myself have
been sobered to my core. I thought trials like this were the stuff of
an older, more biased generation. It is not so. Prejudice is alive and
well in Hays County, Texas."
A young supporter of the Swami, who attended the trial said:
"When I read To Kill a Mockingbird in High School I thought it was a
sad book and times back then were tough...I could have never forseen I
would experience such a circumstance in my life. It was completely
surreal, as it was happening I kept thinking this isn't real, this
can't happen in real life."
Administrator
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