2015: Appeal for Hays County's Saner Heads in Swami Prakashanand Saraswati Case

News 2015:Appeal for Hays County's Saner
Heads in Swami Prakashanand Saraswati Case

Group warns of Major Embarrassment for Hays County in Swami Prakashanand Saraswati Case

News, July 2015: A group calling itself The Critical Mass of Truth Committee sent a letter to Hays County prior to the start of the trial of Swami Prakashanand Saraswati in 2011. The group appealed for saner heads to prevail ahead of the decision to prosecute Swami Prakashanand Saraswati.

The Critical Mass of Truth Committee reviewed the State vs. Saraswati case (Cause Nos. CR-08-272, CR-08-273). It is our opinion that this case represents multiple levels of dishonesty, fraud, deceit and misrepresentation on the part of the complainants and law enforcement officials. Firstly, the complainants have made false and unsubstantiated accusations based on desires for revenge, the need for attention and possibly monitory gain. 

Secondly, law enforcement, including the Sheriff's Department, the District Attorney's Office and the presiding Judge have abused their powers and grossly overreacted given the charges involved and the facts in evidence. Before this case goes to trial and hits the media, there is a window of opportunity for saner heads to prevail. Hays County and the State of Texas have opened themselves up for major embarrassments including charges of racism and religious persecution. In order to restore fairness and justice, I suggest following possible remedies: immediate settlement by mediation with other Texas State and Federal Officials participating.

Swami Prakashanand Saraswati - The Disappearing Guru

Swami Prakashanand Saraswati - The Disappearing Guru. Why he disappeared

Summary:

The disappearance of religious leader Swami Prakashanand Saraswati in March 2011 following his conviction was widely interpreted by the media as proof of his guilt.  However, a close look at the record suggests that he may have fled because he failed to receive a fair trial in rural Hays County, Texas, and was facing an unusually harsh sentence disproportionate to the crimes of which he was accused.  

This site presents a wide range of documented evidence about his trial in an effort to raise awareness about the many troubling aspects of the accusations and trial that were underreported or ignored by the media at the time.  

Key facts:

• Hays County did no investigation before bringing the indictment against a respected religious preacher.  Hays county investigators did not question Mr. Saraswati, the parents and siblings of the accusers, Mr. Saraswati’s assistants, the other preachers at the temple, nor anyone else residing at Barsana Dham, where the alleged actions occurred.  Had they done an investigation, they would have found that:

o There were no witnesses (despite one accuser saying that the actions happened in public with dozens of onlookers)
o The accusers had never said anything at the time of the alleged actions, nor for years after
o The accusers continued to live at Barsana Dham of their own volition for years after the alleged incidents
o Discordant family dynamics were at the root of the accusations

• In the 5 years prior to the charges against Mr. Saraswati, no case was brought against any person for accusations so old (13 years) and so minor (inappropriate touching). The charges brought against Mr. Saraswati were designed to negatively influence the jury and the public against Mr. Saraswati, and to exaggerate the nature of the charges.  

• The bail set for Mr. Saraswati ($1 million cash bond) was the highest bond in 10 years (and possibly longer) for any criminal indictment in Hays County-- approximately 30 times the norm for similar charges.   The next highest bond—a quarter million dollars less-- was set for an alleged murderer and member of the Mexican mafia.

• An additional bond of $10 million was levied in order for Mr. Saraswati to receive his passport, necessary for his work in India.  This is an unprecedented amount in Hays County.  

• No witnesses came forward to corroborate testimony by three women who made accusations against Mr. Saraswati.  This was despite the fact that one of the women testified that the inappropriate touching happened in public, in front of ‘dozens’ of witnesses.

• The Hays County Sheriff’s office lost video recordings of the plaintiffs that potentially contained exculpatory evidence and were critical to the defense, and their backup copies were damaged beyond repair.

• Despite the loss of evidence, Mr. Saraswati’s attorneys were denied the right to depose or question the witness.

• One of Mr. Saraswati’s accusers falsely accused another religious leader of groping an underage girl.  Hays County Child Protective Services investigated and concluded that the accusations were false.  This evidence of previous false accusations was not admitted at the trial.

• Mr. Saraswati volunteered for, and passed, 2 polygraph tests, but they were not admissible as evidence.

• The sister of two of the plaintiffs testified that her sisters (the plaintiffs) were “habitual liars.”

• The court did not allow the 2 cases to be tried separately.  The law stipulates they be tried separately, but Assistant D.A. Cathy Compton said “I don’t give a shit about that,” and the judge allowed her to prevail.  Had the cases been tried separately it is almost certain that at least one-if not both- of the cases would have been dropped, and the outcome would have been very different.

• The court denied testimony from an expert witness on false memories and false accusations.

• The bail and sentence imposed on Mr. Saraswati were punitive.

BACKGROUND OF SWAMI PRAKASHANAND SARASWATI

Swami Prakashanand Saraswati was a Hindu spiritual preacher who established a worldwide network of religious centers and was widely known for his writing about the history of India and Hinduism.

Mr. Saraswati studied religion extensively in India during his formative years.  At the age of 21, he was given the renounced monastic order of sanyas by one of India’s most renowned spiritual teachers of the time, Jagadguru Shankaracharya, the religious head of Jyotir Math, one of the 4 main monasteries of India.  Mr. Saraswati took vows to dedicate his life to serving God and uplifting humanity.   He spent several years living in the forests of India, immersed in devotion, before embarking on his lifelong teaching of raganuga bhakti, or practice of devotional meditation and service.  In his preaching activities in the U.S., England, Ireland, Singapore, Europe, and New Zealand he inspired tens of thousands.

Mr. Saraswati was a prolific author who wrote more than 10 books about Hinduism.  His writings and speeches are distinguished by his intelligent and accessible presentation of the principles of Hinduism.  His writings have won acclaim from religious leaders and scholars in India and worldwide.  His best known work, The True History and Religion of India, chronicling the history of India and of Hinduism, won awards from the World Religious Parliament, which gave Mr. Saraswati the honorary title of Dharm Chakravarti (Spiritual Teacher for the Upliftment of Humankind).  

Accusations and Trial of Swami Prakashanand Saraswati

At the age of 80, Mr. Saraswati was arrested in April 2008 after two former residents of Barsana Dham accused him of groping them 12 years earlier.  The specific allegations focused primarily on the claim that he had touched their chests through their T-shirts and kissed them.  Notwithstanding his advanced age and the extensive period between the alleged events and the formal complaints, Mr. Saraswati was arrested and handcuffed after stepping off a flight at Dulles International Airport.

Remanded to Hays County, Texas, the District Court released Mr. Saraswati and allowed him to travel internationally on $11 million bail—an unprecedented amount, and well in excess of the amounts imposed on violent criminals.  Mr. Saraswati was also barred from entering Barsana Dham, his home.

Mr. Saraswati refused settlement discussions from the Hays County District Attorney, and proceeded to trial, beginning on Feb. 23rd, 2011.

The trial of Swami Prakashanand Saraswati, which took place in the rural town of San Marcos, Texas was unusual in several respects

• The only witnesses against Mr. Saraswati were the three women who made the accusations:  sisters Kate Tonnessen and Vesla Tonessen Kazimer, and their best friend Shyama Rose.  No witnesses came forward to corroborate their testimony despite the fact that the accusers said that dozens of people witnessed the incidents.

• Hinduism is widely regarded as one of the world’s most peaceful religions.  Barsana Dham members who attended the trial were invariably polite  and reserved.  Nevertheless the Hays County Sheriff’s Department positioned gunmen on the roof of the courthouse and instituted high-level security on entering the courthouse—acts of extraordinary intimidation.

• Key testimony from defense was denied admittance by the judge.

• The court denied testimony from an expert witness on false memories and false accusations.

• The judge denied virtually every motion from the defense.

• The husband of one of the jurors had previously worked for a security company that provided services to Barsana Dham, and had worked at Barsana Dham. The husband posted this on an online forum, after the trial took place. His wife was one of the people who appeared on camera on the day of Swami Prakashanand Saraswati's conviction. It shows that Swami Prakashanand Saraswati did not have a jury of his peers, and jury tampering likely took place.

All that place is a cult and a corp hiding place for tax evasion using stupid people as a front. Yes, I said stupid. Anyone who devotes themselves to any person is someone who has no spine and not enough intelligence to think for themselves and should not be allowed to use my oxygen. The guy who posted his bond is a business man who evades taxes by operating from a church, therefore pays no taxes. And also there was no cover up by the prosecutors. I should know, my wife was the biker lady on the jury. that whole place needs to be bulldozed with all the devotees locked inside. I was also able to oberve the stupidity first hand as the company I worked for was the security company there. One more reason I quit. These are NOT self sustaining entities as the devotees turn over all worldly posessions to the ashram or will be sent to hell. I bow to no man! And I will eat his meals before he does.

• On March 4, 2011, a jury found Mr. Saraswati guilty after only 30 minutes of deliberation.

Considering the numerous instances of irregularity in this case from the very beginning, it is not unreasonable to conclude that Mr. Saraswati decided to leave Hays County rather than face a biased and unfair legal process.

Mr. Saraswati, then 83 years old, failed to show up for his sentencing on March 7, 2011 and has never been seen again.  The jury fined him $200,000 and sentenced him in absentia to 280 years in prison, a sentence far exceeding that of violent offenders including convicted murderers, in Hays County.

Author Denounces Hays County District Attorney

News 2015: As San Marcos continues the hunt for
Swami Prakashanand
Saraswati, and author emerges to
condemn San Marcos

News July 2015: Author Karen Jonson has emerged to denounce Hays County, including the District Attorney and other officials. Hays County is an area in San Marcos, a small town in South Texas. 

Karen Jonson said that "WTF, Hays County?" is generally the first inquiry she hears when visiting other places in Hays County or USA.

In Karen Jonson's conversations about Mr. Saraswati with others, Karen Jonson found no person who had a positive comment about the Hays County Team.

The motivation for Karen Jonson's use of the word team is due to the fact that more than one person was involved. The whole of the Hays County administration was involved.

Karen Jonson had a deja vu about this after two situations occurred: Firstly, a different author told Karen Jonson that he/she recalled learning about the brief. The author recalled hearing about the fiasco. Being a person of legislative learnings, and an ex-student of a crime legislative coach who was one of the most productive and notable DAs of America's past, the author expressed perturbation by the San Marcos prosecutor's decision in this case.

Karen Jonson was also reminded of what Karen Jonson calls "the unsung heroes", a network of hidden forces who lobbied for Swami Prakashanand Saraswati to be convicted. 

Karen Jonson blames Hays County for allowing Swami Prakashanand Saraswati to fall through the gaps in the system

Karen Jonson commented that the group of Hays County politicians nearly allowed Mr. Saraswati to fully fall through the gaps in the system (while later allowing him to fall through the gaps in the system). Karen Jonson commented that, in posterity, the politicians had previously acquired the million dollars, so why bother about Mr. Saraswati coming back to America or otherwise? In the same light, Karen Jonson asks, why bother if Mr. Saraswati came back for incarceration or otherwise? In the end, Karen Jonson called Mr. Saraswati and his unseeing acolytes acute cramps.

Karen Jonson ends the denunciation on Hays County by grieving that Mr. Saraswati wasn't tried in Travis County. Had he been, Karen Jonson laments, they'd have had a high possibility of receiving a separate outcome, with the defendant, Mr. Saraswati, behind bars [for 280 years].

The Hunt for Swami Prakashanand Saraswati goes on. This is despite the fact that Mr. Saraswati was justified in leaving San Marcos. More about this topic is covered in the previous article.