The Dark Side of Otters: Spraint

Thanks to all the information supplied by Marlin Perkins, Esq., both here and here, I was able to prepare somewhat for Larry the Otter's demand for $21,960 in attorney fees on Friday. But he was still able to spraint me several times.

My co-Objector, Ron Angle, was never properly notified of Friday's hearing. He was sprainted with a subpoena late Thursday night, but had a prior commitment Friday morning. So I faced the Otter and a gazillion gloating Gracedale goons, waiting for the guillotine like their comrades in the days of the French Revolution, alone.

Judge Baratta started things off by stating that, even though I've lodged an appeal, he believes he still has jurisdiction over a claim for attorney fees, and cited two Supreme Court cases as I wiped some spraint from my rented suit.

In reaction to my argument that the Election Code makes no provision for attorney fees, Attorney Otter claimed he was entitled to them anyway because the Judicial Code permits that sanction for vexatious, dilatory or obdurate behavior. But he never pleaded that anywhere in his motion.

Judge Baratta suggested I waive that little nicety, which would have given me at least some kind of prior notice of the precise misbehavior. You know, due process. Baratta argued that Otter would just swim up the Delaware and file another pleading anyway, so I might as well get it over with now. Now Judge Baratta has already ruled against me and the County at every opportunity. I've appealed him. I've kicked him around on my blog when he ran for retention. Did he think for one minute that I'd be stupid enough to follow his advice just so he could give everything to the Commonwealth Court, wrapped in a nice little bow?

Yep. And I did, too, wiping a little more spraint from my suit.

Otter called me to the stand and sprainted all over me. He also called John Mammana to the stand to explain how the Otter was retained. Mamanna insisted he has no interest in politics.

Then why did he give money to pro-Gracedale Controller Steve Barron, I asked? Mammana admitted that, in addition to Barron, he also recently gave money to DA John Morganelli. Gee, I wonder if he or his wife is circulating one of John's nomination petitions like they did with Gracedale.

Mammana's wife, incidentally, is one of the Gracedale circulators who signed more than one petition. I asked him about that, but he had no idea how many times his wife had signed the petition. But having contributed to Morganelli, I'm sure they're safe so long as they are not welfare cheats or illegals.

Mammana testified that he and other members of his supposed grass roots group scrounged around and paid the Otter a grand total of $500. That's all they expect to pay. Judge Baratta seemed a little concerned that Otter had never memorialized his fee arrangement in writing, as suggested by the Pennsylvania Rules of Professional Conduct. As a suspended lawyer, I never pursued that issue with Mammana or Otter. I'd just get sprainted, and rightfully so.

But I did call the Otter to the stand and guess what? It turns out that, in addition to the $500 he took from the Gracedale Goons, he grabbed another $1,500 from the Steelworkers union, one of the two bargaining units at Gracedale. They've tried to remain in the shadows, but all along, this initiative drive has been very much their issue.

I questioned Otter about an election case in which attorney fees had been awarded against him, and in which the Commonwealth Court had castigated his "disingenuousness." Otter sprainted they were all a bunch of "thugs," which should look good on appeal to that very Court.

At the end of the case, the Otter asked the Court to at least award him witness fees, even though he had filed no Bill of Costs and some of those witnesses were actually my own. I pointed out that he'd never bothered to file a Bill of Costs. Judge Baratta started giving me the "we might as well get it over with" argument again, but I had been sprainted enough. I had just gone through a full blown hearing on a matter in which I think the Court has been divested of jurisdiction, and on an issue that was never raised in the Otter's motion. Now I was being asked to pay Otter for my own frickin' witnesses.

At this point, I began sprainting myself, telling Judge Baratta that we had moved into Ridiculousville and that Otter's motion is clearly frivolous. The judge backed off, after which the Otter told me I owed him lunch.

I was willing to pay that, but in the brief time it took me to telephone Angle and tell him he could stop shopping for rubber underwear, the Otter slipped away. I called him and he agreed to a rain check.

Judge Baratta's ruling is expected today. If prior experience is any indication, I'll get sprainted.