Friday, February 11, 2011
Gracedale Hearing Today
Today, at 1 PM, Judge Stephen Baratta will take testimony and hear argument on whether an initiative banning Gracedale's sale violates the Northampton County Home Rule Charter. That document expressly states that "[t]he power of initiative and referendum shall not extend to the budget or capital program ... ." I'll be there, but fortunately for the County, only as an observer.
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42 comments:
Maybe they can arrest you while your there.
I'm hearing some interesting chatter in regards to forgery, in the courthouse lately, and it is not about the petitions, seems there has been a confab with Lehigh County DA Martin
que the Dragnet theme
see you in court
(more often)
You are not supposed to comment on this blog, even anonymously.
Whats happening, whats going on?
A ruling will probaby be put off until next week
no one can make their mind up that fast
except Ron
as he has very little to work with
You know I was growing weary of seeing Rons' adorable face on TV everytime there was a story about Gracedale. It became harder to look at his cute turned up nose and twinkling eyes after he was ousted as Council President. Today at 5 o'clock the WFMZ TV ran the court update. And once again I was forced to endure that handsome devils kisser. I then had a epiphany, I said; wait a minute, I want Rons handsome rugged good looks to be the face of the "Sell Gracedale" movement. It will make a great campaign flyer.
Thanks you, you handsome devil!!!
"Whats happening, whats going on?"
It dies not look good. Baratta was downright antagonistic with the County, even to the point of giving one of its lawyers a shot.
He had his mind made up when he walked in.
Otter looked and sounded downright giddy on his CH.69 sound bite. The Baratta quotes were pretty damaging to the county effort to halt the ref. vote. Looks like a done deal.
Bernie..why was Baratta chosen to hear these challenges? Luck of the draw? Why not Zito or Dally or whoever?
I presume Baratta was chosen by McFadden. Interesting. Angle tells me that in all the cases he's had over the years in NC, he's never had a R judge.
On the bench today, Baratta was intemperate. I distinctly heard him complain about an hour spent examining Vic Mazziotti on the most important matter facing this county in a generation. He also would put his face in his hands and start shaking his head. I expect that from Ron, but not a judge.
He referred to Mark Stewart, the att'y representing the county in the sale, as the buyer's attorney. When Mark corrected him, he snarked, "I thought that was why we paid our solicitors."
That was totally unnecessary. As a former solicitor himself, he knows damn well that the county has ALWAYS hired attorneys in specialized areas. He owes Att'y Stewart and John Stoffa an apology for that remark.
Baratta's argument (and he made th argument for the Pro-Gracedale crowd, not their attorneys) is intellectually dishonest. He concludes that simly bc the sale of Gracedale is not reflected in the 2011 budget, it necessarily follows that it does not extend to the budget. First, that's not the question. The question is whether the initiative extends to the budget. Second, it does. It will force the County to continue funding Gracedale. He knows that but argues like a Middle Ages priest, trying to determine how many angels can fit on the head of a pin.
He also rewards Ellen Weiss, a woman who admitted she filed all kinds of false affidavits by permitting her to intervene.
It was bizarre behavior that will not help him on an appellate level.
Bernie,
Seriously though, I don't even know if we have any Republican judges. I think the only one is Judge Giordano? And from the recently retired Judges or Judges that moved on, the only other one is Judge Simpson. I am obviously missing someone. Who are they?
Peace, ~~~alex+
Why is everybody always picking on me?
You are unbelievable.
Correction,
I expect exactly the response you gave.
Basically carrying a personnal vendetta to sell the place.
You are very very bad Mr Seinfeld
You infere that a Republican judge would side with Ron on all issues that are Ron. Are you saying there is corrupt Republican judges.
I did you a favor and forwarded that statement to Morganellis office.
Your welcome
The inference I am making is that Ron has been unable to get a fair shake in NC. It is not that a R judge would side with him,. It is that somebody has made sure he never gets one I find that to be a very strange coincidence. My comment is a matter of public record. Unlike you, I accept responsibility for what I write. Morganelli reads my blog. Now that you have forwarded my comment to him, I'll ask him to identify you.
"I don't even know if we have any Republican judges."
A majority of our bench is Republican.
Bernie,
My apologizes. I am still in the stone ages. I was thinking that Freedberg was still our PJ. Over the recent years, Democrats have sat on the County benchs: Freedberg, Hogan, Panella, Grifo, Williams, Moran, Franciosa. And currently there is Baratta, Roscioli, and Koury.
The only Republicans that came to mind were Simpson, Giordano, and Smith.
I completely forgot about McFadden, Daly, Beltrami, and Zito.
This makes better sense now.
Peace, ~~~alex+
Amazing how Baratta is the smart one here not you alky or the Northampton County Bollweevil.
The Judge understands the law a great deal better than you and you revisionist comrades.
Anytime people disagree with you and your precious Angle, they are either stupid, corrupt or some other lame excuse.
Poor Judge Baratta has the misfortune of having to deal with you, Stoffa and Angle. The three stooges of the County.
The judge has rightly pointed out that the money is in the budget, it is a budgeted item and the County is choosing to not fund it. It was a silly political move to begin with and if you were sincere and it wasn't Angle's idea, you would have cried foul in November.
No other County Council ever tried such underhanded bullshit before.
The Judge also realizes if you were to accept a smugly strict interpretation of the often overturned and political Home Rule Charter it would preclude any petition drive as everything the County does is in the budget.
The Judge is sifting through the bullshit you, Angle and Stoffa have been pedaling for years. There is a lot to sift through.
If the newspapers and especially Joe Owens weren't in the tank for Stoffa, they would have been exposing this nonsense like they did in the past.
Hopefully the judge will not be intimidated by the three of you. I doubt he will be as he is immune to the usual threats you toss around or Angles constant bleeding of folks by lawsuit. Stoffa now does it but he is using the people's money which is worse than Angle. You guy's ego's write checks your abilities can't cash.
The judge represents reality not the Stoffa dreamworld written by you and the newspapers.
Go Judge, at least there is one honest branch of government in Northampton County.
We The People
You are not supposed to comment on this blog, even anonymously.
Was this someone on the DA staff?
What is he talking about?
That person is not on any DA staff.
"The Judge understands the law a great deal better than you and you revisionist comrades."
The fact that he wears a black dress does not magically transform him into a legal scholar. I believe he committed legal error in the first case and in this one, there is no question that his whole approach is intellectually dishonest. Although conceding that the operation of Gracedale certainly has an impact on the budget, one way or the other, he is incongruously trying to simultaneously argue that an initiative preventing its sale will not extend to the budget. That's just nonsense.
"The Judge also realizes if you were to accept a smugly strict interpretation of the often overturned and political Home Rule Charter it would preclude any petition drive as everything the County does is in the budget."
That's the whole point. The right of initiative and referendum is intended to be very restrictive. There are only a few very limited areas where direct democracy is permissible.
"Hopefully the judge will not be intimidated by the three of you."
What on earth would make you think that a guy who can sentence you to death would be intimidated by a disbarred lawyer, a farmer and a genuinely nice guy. Of course he's not. But I am not intimidated by him or nonsensical arguments.
He deserves respect as a jurist, but is behavior at Friday's hearing was intemperate. He revealed his bias when he delivered that shot about the attorney hired by the County.
Angle gets mad and Judge Francioso is called senile. You and Stoffa get upset and Baratta is "biased" and "intemperate". Catch a pattern here O'Hare. You boys are acting like bratty little girls.
His black robe means quite a bit thank you. His judgement is far superior to yours.
Angle is as much a real farmer, as Popeye is a real sailor. Stoffa the "nice guy", is incompetent and untruthful. He told the petitioners before they started to collect names to "go for it" and "good luck". He cries to the newspapers that he didn't know he should have included the "sale" in the budget. What the Hell is he paid for. From Gracedale to the Prison to the drug rehab prison, he is clueless and has less leadership ability than a snail.
He never indicated to the petitioners that he had every intention of doing everything in his power to undermine their efforts, instead he wishes them luck. Underhanded and contemptuous behavior. Why not practice what he preaches and tell them before they start. Like you, he "assumed" they would fail, he was wrong-again.
The three of you have displayed despicable behavior throughout this Gracedale affair.
Now you three will get together and lick each others wounds and piss and moan that you are right and the world is wrong.
The three of you deserve each other. The sad thing is the County is stuck with all of you.
If Stoffa has any class, if this ends up on the ballot he will resign. He claims he can't pay for next year, yet his "budget of choices", covered the entire year with no tax increase. If you use the line that it was an intentionally unrealistic budget, then you are condemning Stoffa for playing games with the one serious job he has. I believe if that occurs a petition calling for his recall should be circulated.
You guys have really mucked things up in this county. No other Administration and Council has been as irresponsible and undemocratic as the current crew. Sad days in Northampton County.
Hope Lives
I think Stoffa should forfeit his salary for the non budget he delivered. I am quite sorry I voted for that hapless man.
Hope Lives ... you are an idiot!
Stoffa no tax increase in 7 years except for half mill for open space...wait until the Gracedale bills come in every year. Look out for a 15 per cent increase in taxes next year for the 68 per cent benefit package and tax increases for the next 5 years each year.
I have called Baratta intemperate for the very specific reasons I listed.
Well, the fix is in! Baratta will rule for his Gracedale goon/union thug cronies. He latched on to a ridiculous technicality to illogically prove that the Gracedale referendum does not affect the budget. What a joke! In this bizarro kangeroo court anything can happen and did. Bernie, we need your analysis of the hearing.
Here comes the tax bomb. Union jobs programs are very expensive. Even Obama couldn't maintain his for more than a year before teachers, cops, and firefighters started being thrown overboard when the money ran out to fund those "jobs saved."
Baratta leans left and made the widest possible interpretation he could to find for the union side. No surprise here. Thanks for taking a shot, Bernie. You did a helluva job and were up against a guy who didn't need much persuading to support the union and their tactics.
We should have won, both on the ballot and the HRC. We will take him up.
A comment from M. Molovinsky has been deleted. Nothing offensive, but it's only a matter of time until he deteriorates, and I have better things to do on my weekends than read him accuse me of posting anonymously.
"The inference I am making is that Ron has been unable to get a fair shake in NC."
Could it be possible that he has gotten a fair shake, and hasn't liked the outcome.
Lets face it, some of the issues were questionable at best.
If he truly feels that way, I am sure there are some avenues to follow in order to get a review.
Baratta is a real decent man, was an excellent lawyer and a dedicated Jurist. The real problem is that Angle and O'Hare cannot claim any of those things, so it must be about Baratta.
It is so funny to hear the baggers first scream about how if the "people" disagree with them in a democracy we must abide by the "law". Now that the "law" is not on their side, the judge must be evil.
You folks are crazy funny if nothing else. Hey maybe you can get Glenn Beck to plead your case. He was a great alky at one time.
Bozo
Bozo,
at least you chose an appropriate name, cuz that's about the only thing you got right.
the tea party is not behind this at all. BO has come to our meetings, to do his 'bottom feeding blogger' thing.
Angle has come to our meetings, but is not an 'active member' by the definition allowed in our bylaws.
Everytime something happens in the county that you don't agree with, someone throws the word "baggers" (a particularly disgusting term) out there looking for someone to blame.
How about looking at your peers and fellow countymen. THEY are the ones fighting this fight. Not some entity that you know nothing about.
They have excersiced their rights as citizens. You have the right to do the same thing. I applaud them for standing up and having the courage of their convictions. Fighting for the rule of law and the documents that have been accepted as the law (ie, the home rule charter), which is something the tea party stands for.
If you don't agree with what is and what isn't within the scope of your county government- move. Find a place that is full of like minded people. I hear China is taking in immigrants.
~Proud of the System
PS now dammit, I didn't mean for you to come off sounding like the green hornet and kato :/
I hear China is taking in immigrants.
Yes I hear there is room for one more since Pat Toomey returned and your "bagger" club got him elected
That giant sucking sound you hear although sometimes confused with BO is actually our jobs leaving for China thanks to the "Toomey"
"Fighting for the rule of law and the documents that have been accepted as the law (ie, the home rule charter), which is something the tea party stands for."
Well than we are all on the same page. The Judge is the final arbiter of what the law is and enforcing the "rule of law".
If that is the case and the judge says the petition is legal under the Charter, you are all for the ballot question. Or is it you are for the rule of law the way Stoffa, Angle and O'Hare say it is, otherwise it is a conspiracy, activist judge, etc.,etc.,.
Tine to man up and stand by your beliefs.
Republican for choice
The judicial process extends beyond just one judge. As a person who sat in on Friday's hearing, everything I said about Baratta is accurate.
Bernie, I have never seen someone sooooo venomous as you!
Try looking in a mirror.
Republican for choice said....
Well than we are all on the same page. The Judge is the final arbiter of what the law is and enforcing the "rule of law"....
If that is the case and the judge says the petition is legal under the Charter, you are all for the ballot question.
Bernie O'Hare said...
The judicial process extends beyond just one judge. As a person who sat in on Friday's hearing, everything I said about Baratta is accurate.
You are both correct. If the Judge rules that the referendum is valid, then yes, the tea party would stand behind what the Judge says. However, if there is an appeal in the case, then it would behoove them to continue to support the sale of Gracedale. I would personally like to see the sale supporters continue to fall ALL legal remedies before giving up.
~Proud of the System
Proud of the System said...
I would personally like to see the sale supporters continue to fall ALL legal remedies before giving up.
-it should be-
I would personally like to see the sale supporters continue to *exhaust ALL legal remedies before giving up.
dont ask me how the word exhaust became "fall"
In the "fall" RA will have "exhausted" all of his options and lose the Cousinhumperton vote.
Nice misdirection, but those who wish to save Gracedale from the "Three Stooges" have learned to try and think as sneakily as them.
When they attempt to appeal and appeal, all the while proceeding with the sale and trying even harder to undermine the Gracedale budget we will ask for a judicial injunction against a sale, pending those countless appeals. Of course if some judge somewhere agrees with them, we will appeal.
Also we will probably watch and if necessary ask for some sort of "independent' oversight of the Gracedale operation.
As the records have been examined it has become increasingly clear that Gracedale appears to have been engineered to fail over the past four years by our current leadership.
We may have to ask a judge to protect it from this Administration much like a child is protected from an abusive parent.
The tricks and deceit are becoming clearer every day.
God Bless America
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