The Case Against the Mobocrats

Northampton County Bulldog Ron Angle and I formed an Unholy Alliance to prevent government by mob rule on January 25. We filed a Court challenge to a proposed initiative that place Gracedale's fate in voters' hands, instead of the people they elect. Judge Stephen Baratta heard the case on Friday, and he'll rule on Wednesday.

As an active participant, I took very few notes. The Express Times and Morning Call both have excellent accounts.

One of the points I wanted to make clear is that, although both Ron and I were suing together, I was not representing him. We each represented ourselves. Angle got some chuckles when he told Judge Baratta, "Nobody can represent me."

It really was standing room only. Court Administrator Jim Onembo made room for the press in the jury box. And there sat Morning Call columnist Bill White, The Express Times' reporter Sarah "Sassy" Cassi and Morning Call reporter Jenna "I'm on deadline" Portnoy. A hanging jury, to be sure.

I did have a pretty good handle on the law and the myriad of arguments that preceded actual testimony. But when it was time to call my first witness, I got in trouble very quickly. Unaware that the Elections Office had copied the petitions I was complaining about, I flailed around with the originals, moving at a snail's pace. Fortunately, the judge took a brief recess.

"What now? Are you going to try your exploding shoe defense?" asked Attorney Rich Pepper. He was referring to a closing I had once given to a jury in a DUI case many years ago. While walking up and down, making my points, one of my shoes inexplicably fell apart. Then the other. The jury laughed their asses off and my client was acquitted. The general view is that the jury felt sorry for a guy who was stuck with such a lousy lawyer.

That story, and the neatly organized petition copies, settled me down. Things went smoothly from that point forward. Ron Angle took two of the witnesses himself, giving me time to get ready. He was excellent. Of course, he's had so much experience in courtrooms he could probably pass the bar exam.

Election law expert Larry Otter represented the Gracedale Initiative Committee and Gary Asteak represented two witnesses. Both were very tough and knowledgeable, but both were also gentlemen. Larry Otter really did give Angle a can of hornet spray.

In the afternoon, two witnesses admitted they had lied in their affidavits, and had not circulated the petitions claimed when the petition was filed. That's 3,498 signatures down the toilet.

There were similar problems with other petition circulators. Two of them, brought in by the USW, do not even live in Northampton County. One circulator had his wife fill in biographical information. Another circulator was not even a registered voter.

There was also a woman who admitted to handing out as many as 15 petitions at one time, making it impossible for her to witness each signature.

Otter scoffed at my suggestion that petitions were languishing in bars and clubs until I called Bill Coker, who testified that he saw unattended petitions in various bars.

The Gracedale crowd tried to shout out at one point during the hearing, but Baratta stopped that very quickly.

You never know what a judge is going to do. Obviously, I think he has little choice but to invalidate the Initiative petition. The testimony revealed a real disregard for the integrity of the election process. In addition to circulators who lied in their affidavits, Voting Registrar Dee Rumsey discounted 1,000 duplicate signatures. That's simply incredible. Another 1,000 she disallowed comes from people not registered to vote in Northampton County. Basically, 10% of the signatures were outright fraudulent.

I never knew that myself until she testified.

If the judge agrees with us, the Initiative is dead. We'll find out Wednesday.