There were two issues brought before the court: The Challengers, Brannon/Kelso, were asking for a new trial, because certain evidence was not fully considered in the first trial. There were many good points made by attorney Starr Kelso, but the judge wasn’t having any of it. He denied the motion.
The second issue before the court was brought by both the City’s attorney and Mike Kennedy’s attorney. They were asking the court to make Jim Brannon pay for their attorneys fees and court costs. Mike Haman, the private attorney paid by the city to defend this case (who didn’t say much of anything the whole trial) was whining about how it was “frivolous” for the city to be included in the case. (Excuse me? It was a City election and the law says the City is responsible!) At least Kennedy’s attorney, Peter Erbland stated right up front that he did not think this was a frivolous case at all, but then he went on to claim that Kennedy’s costs were “exceptional” and should be paid by the challenger.
The judge was having none of that either. He said this was not a frivolous case and basically that everyone should pay for their own choices. He said there were many ways this whole case could have been handled—the city could have defended it more and Kennedy didn’t have to do anything—so each will pay their own. That seemed to make sense to me.
Now, tonight, at the 6pm meeting of the CdA City Council, Kennedy will be asking the mayor and council to use taxpayer money to pay for his TWO private attorneys in this case. We’ll see how that goes.
You can go in person to the meeting, which is in the Community Room of the Library downtown, or you can do what I’m going to and tune in on Channel 19. Get the popcorn ready, this will be high theatrics!