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September 17, 2010

Trial Update, Friday

Filed under: General — mary @ 10:08 pm

What in the heck happened today?  This was the day the whole thing was supposed to wrap up…maybe?  Well, it didn’t.  It’s going to closing arguments tomorrow morning at 9:30 am.  That’s right–Saturday morning!

The judge starts a jury medical malpractice case on Monday, he told the court, so he has to get this one done. 

Today’s activities started with negotiations in the back room between the lawyers.  It had to do with evidence that would be allowed or not.  Then Marte Chamness was called as a witness.  Contrary to what you might read elsewhere, she was treated very nicely in court.  No one ever implied that Marte ever did anything wrong.  The issue was about the poll workers and their lack of training or instruction.  They told Marte to sign the poll book, even though she told them she had moved.  That’s illegal.  Her husband voted separately and somehow knew to go to the new precinct, so he was no problem.

There have been several witnesses in this trial that all the lawyers have agreed are unqualified  (illegal) voters.  What’s amazing is how these voters “can’t remember” who they voted for.

Today, the private investigator who talked with two of those voters, took the witness stand to explain that he tape recorded two phone conversations with the couple.  They were a bit hesitant and unsure at first, but then the husband said he voted for “the incumbent” and his wife said she voted for Kennedy because she remembered she saw a newspaper article after the election that told how close the race was, and she said she felt good because she voted for the guy who won.

But on the witness stand, in court yesterday these two, Prior and Harris were adamant they “could not remember”.

Same with Rahana Zellers, who moved to a County address a month before the election.  She went to her split precinct (partly in the city and part in the county) and they gave her the wrong ballot.  She voted the wrong ballot but now she’s “not sure” how she voted.  She “probably” voted for Kennedy, she said.  Oddly, when Peter Erbland, Kennedy’s attorney got on the Skype internet conference with her (she now lives in Oregon), she said, “Oh, yes, I remember talking to you on the phone!”  Why was HE talking to her before her testimony?

There were many witnesses that were called and sent subpoenas, but they still did not show up.  I don’t know how that works or whether there’s a penalty.

And then there was the nice lady from British Columbia.  She grew up here in CdA until she was 24 years old.  Then she moved to BC.  She has lived there for 22 years and has applied and was granted “landed immigrant” status in Canada.  But she’s still a US citizen and wants to be able to vote in presidential elections.  I have no problem with that.

Where I go crazy is that this person, who openly claims BC is her “permenant home”, though she someday thinks she and her husband might retire in the States, she’s not sure.  She has a car registered in BC, she has a BC driver’s license, and they pay taxes (50%!!) in BC.  Interestingly, as a “landed immigrant”, she cannot leave Canada for more than 3 months within every 5 year period.  Gosh, under those restrictions, she’d no longer be a citizen here!

Anyway, folks, the BIG point is that this nice lady voted in our last City of CdA election.  And Judge Hosack, though he struggled with the decision, said that because of a federal law, and even though State law says City elections are different and more restrictive when it comes to residency,  he ruled she was a valid voter.

So there you go.  Someone who lives in Canada, and has for 22 years, and has absolutely no involvement in our town, can vote in our city election. But if you are a major business owner or land owner in CdA, but you lived across the street in Fernan, you couldn’t vote for the people who will manage the city where you pay a major portion of your taxes.

And she’s not the only one.  There are a total of five that have been identified from Canada or California.  Plus the three who “can’t remember” how they voted.  Plus the 10 extra ballots that were counted but have no verification.

That’s 18 votes.  It is a 4 vote margin.

Then there are the 53 people who had no Ballot code written in the poll books, so they might have been given the wrong one… and the list of problems goes on and on and on.

But Judge Hosack denied the motion by Challenge attorney Kelso to add “Malconduct” as a deciding factor for this case.  Starr has asked three times, and been denied each time.  I don’t get it.  If this is not malconduct, what is?

On the other hand, the Kennedy team tried to get the whole thing dismissed, late this afternoon.  The judge ruled against that one too.

So, on we go to Closing Arguments.   Tomorrow 9:30 am, courtroom 9 in the newer building on Garden Street.

Stay tuned.

9 Comments

  1. All, I can say is maybe Judge Hosack will come out with a statement like ” I don’t know what the last judge did, so I will give you 30 days to think of something.” … or something similar.

    Comment by Stebbijo — September 17, 2010 @ 11:24 pm

  2. From the CDA Press article

    “Canadian could decide election

    Federal absentee laws adopted by Idaho say those voters remain legal absentee voters regardless of how long they are away so long as they don’t register elsewhere.

    Which rule superseded which was the decision for Hosack.

    He said he had to rule in favor of the federal law, at least until the state legislature passes a stricter requirement, but added that the municipal argument had merit.”

    So does this mean if these people are registered to vote in another city, state or EVEN country their vote is no longer legal in CDA? This NEEDS to be brought up before and during closing arguements today.

    Comment by concerned citizen — September 18, 2010 @ 6:32 am

  3. concerned citizen,

    Idaho’s election laws are a mess, largely because our state legislature hasn’t been paying any attention to them. It was and is the responsibility of the Idaho Secretary of State’s office and the county clerks to inform the legislature so it can protect the vote of the people who actually reside in Idaho. The Secretary of State Ben Ysursa has failed in his duty just as Kootenai County Clerk Dan English has failed in his duty.

    As miserably as Ysursa and English have failed to perform their official duties, I must say I was sadly disappointed to not see even one of our current state legislators in court at any session of the election contest. Neither did I see Paula Marano, candidate for District 4B state representative nor Cliff Hayes, candidate for Kootenai County Clerk there. I would have thought that our local legislators and candidates might have at least shown some interest, but maybe they prefer to get filtered information from lobbyists and people with large checkbooks rather than seeing it for themselves.

    Former state legislators Gary Ingram and Kathy Sims attended several of the sessions. Kathy Sims is a candidate for District 4B state representative. It was heartening to see both of them there, still interested and committed to Idaho election integrity. A friend made an interesting observation. Denise Dobslaff is and has been a permanent resident (“landed immigrant”) of Canada for about 22 years. She declared her home in Canada to be her primary residence and place of abode. She owns 1% by inheritance of a small lot in Coeur d’Alene. She is allowed to vote in Coeur d’Alene City elections as well as in national, state, and county elections. Kathy Sims lived in Fernan and owns and operates a large family business in Coeur d’Alene, but she could not vote in Coeur d’Alene elections. A pretty good argument can be made that Idaho’s election laws actually give voting preference to people who do not live in Idaho, eh?

    Comment by Bill — September 18, 2010 @ 7:21 am

  4. Apparently Dan was correct earlier when he said that, under ID law, (some) out of area voters are legal. That’s mind blowing. But, it ties the judges hands effectively. What is legal cannot be thrown out. This does not bode well for the final outcome. Again. Dan is correct in stating that the judge cannot be blamed. It is the S of S and the legislature that have brought about this nonsense. Sorry, this state is more backward than Appalachia. In fact, I apologize to Appalachia for even comparing them to Idaho.

    Comment by rochereau — September 18, 2010 @ 8:40 am

  5. This is also one of the most corrupt states in the Union. It doesn’t get the attention of New Jersey or elsewhere because it’s a small state. But the corruption is the same.

    I blame our do-nothing Legislature, average IQ 80.

    Comment by Dan — September 18, 2010 @ 8:52 am

  6. You’re kinder than I am Dan. I call them flat liners! Again you are correct. Corruption isn’t a matter of degree…it is a lack of ethics or morals. Wrong is wrong….no qualifying factors.

    Comment by rochereau — September 18, 2010 @ 9:34 am

  7. Idaho is corrupt, but just once I was hoping that they would get it right. Knock myself in the head: what was I thinking?

    Comment by Stebbijo — September 18, 2010 @ 9:36 am

  8. “Idaho’s election laws are a mess, largely because our state legislature hasn’t been paying any attention to them. It was and is the responsibility of the Idaho Secretary of State’s office and the county clerks to inform the legislature so it can protect the vote of the people who actually reside in Idaho”.

    I am a CDA native and in my many decades residing here, I don’t ever recall hearing of a court deciding an election challenge in Kootenai County, until now. Bill’s talking about ‘responsibility’of our elected officials. What about the responsibilty of city and county voters, who keep re-electing people who haven’t done their jobs well and
    been neglectful in their duties?
    It’s also, disappointing when a minority of KC voters, elect local gov’t officials who will make decisions for the majority.

    Comment by kageman — September 18, 2010 @ 10:52 am

  9. kageman,

    You are absolutely correct. Right on the money.

    Comment by Bill — September 18, 2010 @ 2:17 pm

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