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Nazareth, Pa., United States

Thursday, March 03, 2011

Judge Baratta Helps Me Focus

I've been grousing about a Court Order requiring me to tell Judge Baratta why I'm appealing his decision in the Gracedale ballot challenge, which is focused solely on the Election Code. My response is not even due until 3 days after he transmits his record and whatever additional opinion he chooses to file, so it wouldn't do him any good. But if I forget about it, my entire appeal could be dismissed.

Although I was sure I was just spinning my wheels, I decided to work on that statement and filed it yesterday, eight days before it's due and with enough time for the Judge to see the error of his ways, go to Confession and write a second opinion that recants.

I doubt that will happen, but am glad I took the time. The judge was right and I was wrong. It's not exactly a "concise" statement, and even rambles a bit, but it has helped me focus on what is important. What's really wrong with the Judge's decision, with all due respect, is his unwillingness to do his job. Sure, he handled this case quickly, but it was almost too quickly. Unlike the Commonwealth Court, which can and does spend nights and weekends doing line-by-line reviews of election challenges, it strikes me that Judge Baratta was more interested in getting rid of a hot potato. If he thought it was important to sit down and determine whether there was any significant overlap between the Registrar's findings and the signatures that he invalidated, he had all the information he needed, right in front of him.

When the Commonwealth Court was confronted with a ballot challenge to over 90,000 signatures a few years ago during a case in which Gracedale lawyer Larry Otter himself was involved, each judge on the bench worked on portions of the numerous petitions. The Court actually had litigants sit down and check the voter databases, something that was never even considered here.

Judge Baratta has allowed an initiative even though it is undisputed that of 23,391 raw signatures, 1,166 are from people who are not even registered voters, and another 1,173 people signed their name more than once. With the 2,722 signatures that he himself rejected, the Court has to know that this petition fails to meet the 19,631 threshold. There could be an overlap of 1,000 and it would still fail to meet the threshold.
Gracedale Rule 1925(b) Statement

14 comments:

Anonymous said...

Rons appeal
Rons appeal
repeat after me
Rons appeal
you fool no one

Anonymous said...

denied,dismissed.

Hold for psychiatric evaluation

Sigmund F.

Anonymous said...

Amazing how much taxpayer provided time, money and effort Angle and Stoffa are funneling into this fight to ram their idea down the throats of a public that clearly does not favor the sale of Gracedale.

Biggest County policy blunder in history.

Sad, very Sad when two old farts(Angle,Stoffs) let their stubborn egos drive policy instead of logic, reason and compassion.

Sad, very sad!

Anonymous said...

Seem to be seeing a trend on your blog site Bernie.....more people are against you than for you! But keep on going.....you are just making more of a fool of yourself

Bernie O'Hare said...

I have no problem standing up to people who are wrong, even when they form a lynch mob.

Bernie O'Hare said...

Anon 4:25, What's sad is your amazing inability to grasp facts. The County hasn't sent a nickel on this lawsuit. And the one it is spending money n is designed to prevent a mob from bringing government to its knees by making financial decisions.

brenda said...

I cant wait to see the outcome...I am waiting on the edge of my seat! Where is Larry Otter from? Very expensive ! Hope he loses

Bernie O'Hare said...

Larry the Otter swims up the Delaware from Doylestown.

Anonymous said...

judges are Salaried individuals, O'hare is representing himself Pro Se. There is little tax payer money being used to fight this whatsoever Anon 4:25am. Go count sheep, you'll be more useful to society than your incorrect posts on this blog.

Marlin Perkins, Esq. said...

1. Grooming.

• All otters must continually groom their fur to maintain its insulating qualities. Otters spend a substantial amount of time grooming, and many species of river otters have designated areas on land for drying and grooming their fur. Most vigorously dry themselves by rolling on the ground or rubbing against logs or vegetation.

• Researchers have observed sea otters spending at least 11% to 48% of their day grooming. They use their paws and claws to remove debris and to comb their fur. They may also aerate their fur by blowing air into it and beating the water with their feet to whip it into foam. An otter's flexible body and loose-fitting skin allow it to reach every part of its fur.

2. Sprainting.

• River otter feces, commonly referred to as spraint by otter researchers, is enormously important in otter communication. Spraint is a visual and olfactory indicator of an otter's presence. Otters produce small amounts of spraint several times a day, depositing it in conspicuous designated areas and spraying it with scent.

3. Play.

• Some researchers believe that sliding is a form of play in river otters. For some species, otters of all age classes have been observed sliding. Others believe otters only use these slides for low-energy travel, maintaining that otters generally do not climb to the top of a slope for another slide. These latter researchers have observed very little behavior they interpret as play.

4. Sleep.

• Freshwater otters generally rest and sleep on land, either above ground or in dens. They are not particular about where they sleep and often do so even in areas of moderate disturbance. Individual animals often have several resting places.

• Sea otters sleep at sea, floating on their backs on the surface. They often sleep in strands of kelp which keeps them from drifting.

Anonymous said...

What the...?

Anonymous said...

Good luck, Bernie. Don't step in Otter's spraint.

Bernie O'Hare said...

Att'y Perkins, Hilarious!

Anonymous said...

Hey atty Perkins, I believe you are as much a licensed lawyer as O'Hare is.

Now that is hilarious!