Friday, August 17, 2007

A Hilarious Day In Starke Circuit Court

Sometimes a man who deserves to be looked down upon because he is a fool is despised only because he is a lawyer. Montesquieu, Persian Letters, XLIV, 1721


Our forefathers built a massive and imposing courthouse, a neo-Gothic monument of immense monolithic sandstone blocks, towering far above the swamps and prairies, fully intending to awe the ‘bacco-slobbering proletariat farmers and their God-fearing womenfolk with the grandeur of the primacy of law in our great republic’s grand constitutional scheme. Of course, politics being what it was and still remains, they had to throw in a few bas-relief sculptures of idealized Yankee soldiers and some silly decorative mythological bric-a-brac, to satisfy the tastes of some pompous politician’s wife. So the message got a bit diluted. But it didn’t matter really; those aforementioned proletariats were not going to be much impressed given that the tenants of the building were the usual mix of small town politicians and their patronage buddies, and that the place swarmed with pettifoggers intent on flailing these self same proletariats (which were well-aware of the general scheme of things). Yesterday, yet again, and hopefully for a long time to come, this archetypal American drama was played out.

Yesterday began Mayor Estok’s lawsuit against the Starke County Election Board and Mr. Chambers, his one-time police chief and later mayoral opponent. I was quite amused to see that this played out exactly as one would expect. Mr. Bedrock (treated in yesterday’s blog), is the lead attorney for His Honor. It seems Bedrock has a truly astounding 50 or so witnesses to call. The courtroom set-up is a little bit unusual as there are 3 attorney tables, 1 each for His Honor, Mr. Chambers, and the Election Board. This is a bench hearing so there is no jury.

Early on the Election Board requested the order of witnesses from the plaintiff’s attorney (Bedrock). This is routine courtroom stuff. The defending attorneys need to have their papers in order and plan cross-examination, etc, just to keep things moving. Well Mr. Bedrock had no evident plan for calling witnesses other than jumble of paperwork for 50-some witnesses. BTW, this didn’t seem to be some clever pretense of incompetence as one might expect in an ancient B&W Perry Mason episode. Remember, there is no jury to impress with the bumbling. And indeed it seems that this bumbling will cause the trial to go on extra days.

One typical witness called by Estok/Bedrock:
Q. When do you have to leave for work?
A. 6:15AM
Q. So why did you cast an absentee ballot? You could have voted at 6:00AM.
A. Well I thought there might be a line and it might take more than 15 minutes.
Q. So you committed a fraud! You could have got in line at 5:00AM and been first in line. You did not need to vote absentee.
A. Gosh. I have always done this in every election and nobody said anything before.

Another witness:
Q. You don’t sleep in Knox do you?
A. No. I am caring for my sick mother at night, out of town.
Q. So you live with your Mother.
A. Well, I guess. But I used to live with my Father in Knox and my stuff is at his house. And I come home to Knox every day and spend the day helping him out because he needs assistance just like my Mom.
Q. So you committed fraud! You aren’t living in Knox.
A. Jeeze. I’ve been going back and forth for years and have voted in 3 or 4 elections and nobody ever said anything. I’m sorry.
Then came the cross examination from the Election Board:
Q. When Mr. Estok’s investigator talked to you where did he find you?
A. At my Dad’s house in Parkview.
Q. Where did they serve you the summons to appear in court?
A. At my Dad’s house, here in Knox.
Q. So, it sems they know where you live?
A. Yah.

Then there was the attempt to get witnesses to say they had been intimidated:
Q. So did you feel pressured to vote for Mr. Chambers when his wife brought you the absentee ballot?
A. No, no! She was very nice. She answered all my questions and never suggested I vote for anybody. She was very patient and helpful.
Q. Didn't you find it odd that the wife of the candidate appeared at your house?
A. Oh no. When Mr. Chambers came to my house I asked him for help and he said that his wife or daughter or maybe some other volunteer would bring me the absentee ballot materials. No. The only time there was trouble was when that investigator for Mr. Estok came to the house and told me I could go to jail for breaking the law……
Bedrock: OBJECTION! Your Honor. I did not ask this witness anything about that!
Election Board: Your Honor! It’s his witness!
Judge. Ha. Ha. Ha. Let’s just move it along, please.

Very entertaining stuff. You should attend. Better than CSI.

5 comments:

Anonymous said...

Why in the hell should it be anybodys business wht I vote absentee? Why should I have to get out of my bed at 5:00am to go vote?
The people getting called in to testify is not fair. I they never vote again I wouldn't blame them. It is shit. In a world were we are so busy we don't have time to take a shit, but we make time to vote absentee then some asshole loses an election says I committed a fraud. Because I was in the area for five minutes that day. What the fuck ever!! The people of Knox, and all of Starke County are paying alot of money for this stupid fucking pissing match. Thousands of dollars. Where is it coming from? Tax payers dollars. First off the loser of this pissing match should have to repay the county for the money that is wasted going into this pissing match. Why should I have to pay to let some dickhead try to make a point. So if Denny wins the match then Rick should have to pay back the county, Why should someone in North Judson, Hamlet, or anywhere in Starke County for that fact have to pay for a couple dickheads that they probably never even heard of in the first place. I just don't think it is right to make people pay for a burden thats not theirs. Also can anyone anwser this why doesn't all of Center Township get to vote in the election for mayor?
Well anyways I am sorry that I vented I just feel alittle better. I just get tired of being screwed, and I never get to get off. You do not have to post this but I thought I would like to get it off my chest. Sorry

Anonymous said...

I can understand wanting to know who is paying for the Lawyers for the election board. I would also like to know if it is true that Mr. Estok is using funds from the police department to fund his investigator. Rumor has it that he is using Dennis Fornelis salary.

knox indiana said...

The lawyers for the Election Board are paid for out of the Starke County Budget, appropriated by the County Council. This action is quite proper. The Election Board is absolutely entitled to legal representation at the expense of the taxpayers.

I sincerely doubt that there is a shred of truth to the rumor that a private investigator is being paid for by the city. That would be truly horrible. I can't believe that of Mr. Estok.

Anonymous said...

I find this whole matter disturbing and the fact that there were so many absentee ballots is alarming. It is truly an abuse of a privilige. If it is so inconvienent for you to go to the polls, then go to the courthouse in person, on designated days during designated hours and cast your vote. When we have gotten so lazy that we want everything handed to us, this is the kind of situation we find ourselves in. Remember when you had to climb those marble courthouse steps and look at beautiful Lady Liberty on the staircase ceiling to go into the clerk's office and register to vote? It was a right of passage, a privilige, and a duty. And, after making the effort, by golly, you were sure going to vote. Now you can get registered during your BMV visit, or at your High School, or by your local politician at your front door, and never have that wonderful experience that gives you the right to passage. And how many of these newly registered voters actually vote. Not very many at all, start paying attention to turn out! I pray we never, ever see this kind of absentee voting abuse again in Starke County!

Anonymous said...

Dennis Fornelli is in the past. Time to move forward. The problem is voter's fraud. Let's do something about it. By the way, Ms. Cross, where were you sitting in the courtroom? I just read your Q&A paraphrasing of the witnesses testimony. I was there and....I never heard those quotes. I think you might have left out just enough of their testimony to change the entire meaning of what they were saying. Shame on you!