I am not kidding, this was a BIG day! It started out slowly, with lots of testimony about Absentee Envelope and Ballot counts, voided ballots, duplicate ballots, etc.
Then two of the witnesses were No Shows—Dustin Ainsworth and Nancy White, so the Challenge team then called Kootenai County Prosecutor Barry McHugh as a witness. Barry was amazing in his repetition of the phrases, “I’m not sure”, “Not that I recall”, and “It’s possible but I don’t recall that specifically”.
But the FIRST big thing happened right before lunch. Challenge attorney Starr Kelso asked KC Prosecutor Barry McHugh if he was aware that KC Elections Manager Deedie Beard’s computer had been “cleared”, as ordered by County Clerk Dan English?
Barry answered YES, but he was unable to pinpoint when it was done. He said “sometime in the last 6 months”. Deedie Beard was the main person during the election; the Head Honcho, because we’ve all realized Dan English did nothing and knew less. Deedie retired from her job as of November 30, 2009, about a month after the election. Sometime in the spring, they “cleared” her computer, even though there was an active lawsuit in process and the County legal team thought the County would be brought back as a main player in the litigation. This last part was the testimony today from Deputy County Prosecutor John “Witch Hunt” Cafferty.
They cleared Deedie’s computer! Who would do that with a legal investigation underway?
Then we broke for lunch and enjoyed the sunshine for a few minutes.
After lunch, a funny thing happened. I walked into the courtroom to see a whole line of City officials sitting up in the front row of the big section! (If you don’t understand, check out yesterday’s post from Day 2) They decided to move up in the world. It didn’t last long, though, because after a break, they all moved back, crowding into their small left-side pews.
And Mike Kennedy was sitting in the back row typing away on his laptop computer during the court proceedings.
But the new witness after lunch was a game changer, in my view. It was Tim Hurst from the Secretary of State’s office. Tim is in charge of all election issues in the state.
There were FOUR big breakthroughs during Tim’s testimony. Tim verified that State law requires the Clerk to maintain a Record of Absentee Ballots for each election. Here’s the law, it’s really short and easy to read:
MUNICIPAL ELECTIONS
50-451.Record of applications for absentee ballots. [effective until january 1, 2011] The city clerk shall keep a record in his office containing a list of names and precinct numbers of electors making applications for absent elector’s [electors’] ballots, together with the date on which such application was made, and the date on which such absent elector’s ballot was returned. If an absentee ballot is not returned or if it be rejected and not counted, such fact shall be noted on the record. Such record shall be open to public inspection under proper regulations.
The problem is that the Kootenai County Elections Dept didn’t keep that record! Dan English even testified to that effect on Monday. He said they just used the Sec. of State’s Data Base site that changes every hour of every day. It’s what they call a “dynamic” site in “real time”.
But Mr. Hurst said that the data base does not count for the record required by law.
The SECOND big thing Mr. Hurst said was that, after all the various reports, counts, totals, tallies, etc., he said the Absentee Ballot report of Nov. 6th is the most accurate record available which shows the legally valid absentee ballots received. That total shows 2041 valid absentee ballots received before 8pm on election day.
This is important because the City and County insist that 2051 absentee ballots were counted by the machines on election day, and that’s the number the city council approved without any questions.
But Mr. Hurst said that the machine tally just tells how many ballots were counted, NOT whether they were legitimate votes. And there’s no report to back up the number 2051.
The THIRD big news from Mr. Hurst was the whole issue of a Recount vs. Election Challenge. Kennedy’s attorney asked Hurst if a Recount should have been requested. Hurst said a Recount is simply putting the same ballots through the same counting machine. He said it does not determine which ballots are legally valid. The ONLY way to do that, he said, is to file an Election Challenge, as allowed by state law. Which, of course, is why Starr Kelso filed the Challenge almost 10 months ago, and why this trial is finally in process.
The FINAL but probably most important point made by Mr. Hurst was when Starr Kelso asked him if the Clerk’s failure to keep and maintain the Absentee Ballot Record, as required by law, would be considered a “failure of duty”. YES, Mr. Hurst responded.
After that shocker, the tone in the courtroom seemed to change. There were fewer snide remarks from Kennedy’s attorneys, and Mike Hayman, the City’s hired attorney, actually sat up straight and started paying attention.
There was a break taken so all the attorneys could confer, then another one and finally one more conference. They were obviously negotiating important things.
The end result was that they agreed to throw out the illegal votes of Nancy White and Dustin Ainsworth, who both voted for Kennedy, and to throw out the vote of Sgt. Proft, who voted for Brannon. (Proft is from Post Falls and is serving in Afganistan. He wanted to vote absentee and was told by Dan English to use the County Courthouse address in CdA as his voting address, but he has never lived in CdA. When Proft heard what happened he wrote to admit for whom he voted and he apologized, though of course it was never his fault.)
The other item to come out of the conferences was that Starr Kelso asked the court to add “Malconduct” as a deciding factor in the case. The judge said he would take it under advisement at a later time.
That’s it for today, boys and girls. I need to get some sleep. Sitting all day is a hard job!
Thanks for keeping us informed Mary!
Comment by benjitheman — September 16, 2010 @ 7:13 am
Mary,
Thank you so much for the updates. We are finally learning “why” the city and county have tried everything possible to stop going to trial. How embarrassing for them!
Comment by LTR — September 16, 2010 @ 8:09 am
Gotta Love the Kennedy PR/TABLOID Machine over on DFO’s love-fest blog. How’s this for a headline?,
“Soldier Loses Vote In Brannon Case”
Not, Kennedy loses two votes.
Not, soldier was wrongly instructed to cast an illegal ballot by the County Clerk’s Office, but that dastardly Jim Brannon stole the soldier’s right to vote. Can you say National Enquirer Headlines!!!
Also, over on the Press, note how Dan English makes a statement that appears to conflict with Sgt Proft’s own signed Affidavit.
http://www.cdapress.com/news/local_news/article_3b4bde41-139b-519d-ba22-33d2a1fb16b8.html
http://media.spokesman.com/documents/2010/03/0429_001.pdf (Sgt Proft’s Affidavit)
This is getting fun now and I am ever more confident that no matter who end up “winning” in the court room, that our city’s voting process will be vastly improved moving forward.
Comment by CDAShenanigans — September 16, 2010 @ 9:27 am
After reading Mary’s thread, I’m more troubled by this case than I was last night. What an eye opener!
Comment by kageman — September 16, 2010 @ 9:43 am
NO SHOW- Mr. Ainsworth here.. Thanks Mary for pointing out that I was not in the court room when called. However, you seem to only state the facts that best represent your biased view. You failed to mention that I had been in the court room for almost two and a half days (I was subpoenaed to appear on Monday at 9.30am)I had just left my business card with Starr’s son Matt, some 30 minutes before I was called. I have been honest with every person I have spoken to about this election, including the private investigators. I was proud to have voted in the city election as a new resident, unfortunately it’s clear I was not a resident long enough to qualify under the 30 days to be a legal voter in the city of CdA. I spent the entire election day wearing my ‘I VOTED’ sticker proudly and reminded every person I came in contact with that they needed to get out and vote, no matter who they wish to vote for. I love my home and have called CdA that for over 18 years. I love giving back to this community since it has done so much for me since my arrival. I enjoy helping others with what abilities I have been blessed with. Mary- your abilities truly are special and unique, I only hope in the future they can be funneled into a positive direction..
Comment by dustin ainsworth — September 16, 2010 @ 10:27 am
HE’S BAAAAAAAAAAAAAAAACCKKK!
As predicted Drumroll………
DFO has indeed “Headlined” tubob, aka, “Mr Bloggy” with his very own take on the Voting Trial. (Or the “Brannon Trial” as DFO insists on always referring to it.
http://www.spokesman.com/blogs/hbo/2010/sep/16/mr-bloggy-reacts-brannon-trial/
I hope Judge Hosack can’t be hypnotized by “Mr Bloggy” the way DFO is! (over and over and over again..some people just never learn)
DFO has also already placed stebijo” in the cooler after making just one post – where have we heard this before?…
The “Thought Police” as always are in full swing over at the Spokesman’s mind-control blog as they herd their little sheep into the opinion-pens they want them in.
Comment by CDAShenanigans — September 16, 2010 @ 10:43 am
Thank you for your comment, Dustin.
Comment by Dan — September 16, 2010 @ 11:50 am
Dustin, I’m glad you are commenting here. What I wrote was:
I did not make any judgment about your absence.
I’m glad you are happy to live in CdA. But your evaluation of your own voter behavior and attitude seems to be missing all the anger and disrespect I’ve heard you have written over on the Spokane blog. Something about how ridiculous the Election Challenge is and how you were going to appear in court wearing a speedo and an “I heart Mike Kennedy” shirt? Haven’t you also made disparaging remarks about Jim Brannon and others who are working on this case?
It seems you are not being completely honest, Dustin.
Comment by mary — September 16, 2010 @ 12:18 pm
That said, readers, please tune in later for today’s trial update, you won’t believe what City Attorney Mike Gridley said! He’s getting very testy.
Comment by mary — September 16, 2010 @ 12:22 pm
I think Dustin was playing to a crowd over on HBO. Obviously he meant well.
Comment by Dan — September 16, 2010 @ 1:25 pm
Legal Beagles want to know, why wasn’t Ainsworth or White put on the stand? It would have been interesting to hear their excuses, and Ainsworth’s wife was called as a witness also? I don’t think you can do that. Lets get to the fraud please.
Comment by WannaBe JD — September 16, 2010 @ 1:37 pm
COME TO THE SECOND AMENDMENT RALLY TOMORROW (FRIDAY) 2:00 Meet at S.E. Corner of Lakewood and Northwest BLVD.
We are proceeding to Walter Minnick’s Office across the street.
Minnick has a D+ Rating from the NRA for statements such as, “Firearms with no legitimate sporting or recreational use should be banned”
Most of you attending the trial or following the news know that our Constitution is under attack and legislators who would strip us of our Constitutional rights must be removed from office.
This is a short event, but the CdA Press will be there to see if YOU are there supporting our rights.
Comment by citizen — September 16, 2010 @ 7:41 pm
I was in the court house today and I guess that Deedie Beard has decided, as the elections clerk of Kootenai County, which state election laws should be followed. She even overruled the Asst. Deputy Secretary of State Hurst. And just think the ol’ gal, God Bless her, has been in and ended up run the county election office for the last 27 years. Well maybe the past 27 years worth of elections should be scrutinized like the last one.
None of the numbers on any of the reports are or have been reconcilable and the MOST important report was evidently kept or even created.
Comment by Ancientemplar — September 16, 2010 @ 8:27 pm
Great stuff, Mary. I love your quotes
Comment by Stebbijo — September 16, 2010 @ 8:35 pm
like – “failure of duty” – the State acknowledging that the County Clerk messed up.
I also like the fact that Judge Hosack is considering malconduct under advisement or whatever. But, at least he is not throwing it all out of the ball park. Here is a post I did when this stuff was just getting started. Also,sounds like Hurst is throwing English out the door. Destroying evidence(RECORDS)like government correspondence aka RECORDS (public records, I might add) – I believe, is a federal crime. OMG – that is for sure.
Comment by Stebbijo — September 16, 2010 @ 8:54 pm
You know, I was also going to say that Mary’s remarks about the missing witnesses was, to me, more a statement of fact than good or bad. To capitalize “No Shows” hardly comes off as anything more than inert emphasis. (I think if there was unrestrained malcontent, she could have gone on quite a bit, and she didn’t.)
Comment by benjitheman — September 16, 2010 @ 10:25 pm
Thanks. To answer WannaBeJD’s question: Dustin Ainsworth, Nancy White and Sgt.Gregory Proft were are declared to be invalid voters. The attorneys had a meeting in the judge’s chambers (the back hallway) and made a deal to remove all three votes without having the witnesses testify. They agreed that Ainsworth and White voted for Kennedy, and Proft had sent an affidavit swearing he voted for Brannon.
Ainsworth lived in the county until he moved to CdA just 2 weeks before the election. (you have to live here for at least 30 days) Deedie Beard admitted in her testimony yesterday that the poll workers made an error by allowing him to vote.
Nancy White is another story. She may have some trouble ahead because Deedie volunteered the comment, while on the stand, that she heard Nancy White is being investigated by the Prosectuor’s office. Nancy used to live in CdA, sold her house about April of ’09 and moved out to Hayden or thereabouts. She’s a realtor and had Kennedy signs everywhere. Then she voted by using her old address in CdA…not good.
I told you about Sgt. Proft already.
There are a number of other witnesses and alleged illegal voters, we’ll see what happens today (Friday)!
Comment by mary — September 17, 2010 @ 7:44 am