May 27, 2005
Day Five

Today's proceedings opened at 9:30. The TVW feed is pretty good today.

Broke for 15min at 11:20am. Play-by-play of the morning session is in the extended entry.


* Kevin Hamilton objects to introducing into evidence additional double voters.

* Korrell responds that these are related to earlier claims where the details only became available late in discovery.

* Dan Brady takes the stand to testify to summary documents on illegal votes, compiled from comprehensive records in the basement.

* Judge Bridges says that Democrats' objections of timeliness are reasonable, but will allow the Republicans to introduce the evidence anyway, because of
King County's late responses to discovery requests.

* Jenny Durkan wants to exclude evidence that the Monaghans absentee ballots were voted by unknown parties who forged their signatures, on the grounds that ... it doesn't matter .. she always objects to any evidence of illegal votes.

* Ahearne objects only to certain post-it notes.

* Bridges admits all of the exhibits save for the post-it notes.

* Durkan objects to exhibits certified by Huennekens. "If petitioners stipulate that every document certified by Huennekens is accurate, I'll sit down". Overarching objection: public records are admissible only if facts, not opinions. The punchline: any work by King County Elections staff and canvassing crew is "opinion" not "fact". [Then shouldn't that apply to ballot enhancement? -- Ed

* Ahearne doesn't object.

* When they make a movie of this trial, Jane Curtin will play Jenny Durkan

* Bridges will read the case cited by Durkan as the basis for her objection. But he'll admit the exhibit, calling it "helpful".

* Durkan object to King County records on ballots that went into the Accuvote on the grounds that there's insufficient foundation for it. [Hey, there's not much of a foundation for Gregoire's victory either, is there? - Ed.]

* Durkan's other objection: it was not an ordinary business record prepared in the course of ordinary work, but only because of response to litigation. [Hey, if King County had prepared this sort of analysis in the course of business before certification the election might never have been falsely certified in the first place! - Ed]

* Bridges overrules Jenny No yet again!

* Jenny No objects to election workers' handwritten observations about problems at polling places.

* Bridges overrules Jenny No yet again! But observes that he'll weigh the handwritten notes appropriately.

* Maguire wants to admit a large stack of polling place Ballot Accountability Sheets [one example here]. These show massive discrepancies between ballots tabulated and voter signatures counted.

* Jenny No objects to including them!

* Ahearne wants them to be included.

* Judge can't understand Jenny No's objections. Insists that they should cover every precinct.

* Maguire says he asked for every precinct, so they include whatever King County produced. (which is probably not complete).

* Bridges admits the Ballot Accountability Sheets.

* Maguire wants to admit the Big Binder, which is required to be created by statute.

* Jenny No objects!

* Ahearne: admit it.

* Bridges admits it.

* Maguire wants to admit poll book covers

* Jenny No says No! (hearsay! clearly different handwriting appears! contains opinions and conclusions! Don't know who wrote the notes! Might help prove that unverified provisional ballots that were unlawfully shoved into the Accuvote!)

* Bridges admits the poll book covers but will make an effort to avoid making a decision on the basis of clear hearsay that is unsupported by anything.

* Clark Benson testifies to a CD of detailed manual recount data provided by King County.

* David Burman objects to it on the grounds that it might not be accurate data. [ All three of the parties received copies of the CD. The Democrats have copies of it too]

* Bridges admits the CD

[ A reader just posted a "thank you" comment signed "Van in Baghdad". The IP address is from U.S. military in Iraq... Thank you for your service, Van. Your comment made my day! To answer your question, the Judge seems pretty unflappable.]

* Korrell admitting depositions from: Vicki Moore, Lisa Moore, Carlos Webb, Pierce County Auditor (in addition to Logan, Huennekens, Way, Fell, Kwan, Reed that have been posted online earlier)

* recess.

Posted by Stefan Sharkansky at May 27, 2005 09:27 AM | Email This
Comments
1. Valid objections... BUT I'M ALLOWING IT because of KING COUNTY'S OBSTRUCTION. HA!!!!!!

Posted by: Editor on May 27, 2005 09:49 AM
2. Ooooooh... The judge again cites the failure of King County to submit discovery evidence to the discovery schedule, and admits the evidence!

Posted by: Patches Pal on May 27, 2005 09:51 AM
3. Where is everyone? Am I the only schmuck who didn't get today off?

Posted by: Editor on May 27, 2005 09:51 AM
4. No. There are at leat two of us! We should have a party while everyone else is out of town. That'll show'em.

Posted by: pbj on May 27, 2005 09:54 AM
5. keep at it Editor (et al, Stefan). These updates are like a lifeline while I'm at work!

Posted by: chunkstyle on May 27, 2005 09:54 AM
6. Exclude things because the petitioners MIGHT use them!

Posted by: Fred on May 27, 2005 09:57 AM
7. Chunky, I believe I've run across you over at LGF a while back...

Durken objects to the admission to document 228... blah blah blah... Korrell countering... feed dead! I repeat - FEED DEAD!

Posted by: Editor on May 27, 2005 09:57 AM
8. Editor,

I’m here. I normally don’t have time to post because I need to actually accomplish something to earn money, but today is slow because of the holiday.

Posted by: lefty on May 27, 2005 09:57 AM
9. I like this Judge... good call on his part to admit the evidence... and here we go again, dems objecting.. of course they will object to everything just because they don't want anything admitted that is relevent to this case and proving of the Republicans case.. This is the only way that the Dems can do what they have been trying to do all along.

Posted by: me_b_watching on May 27, 2005 09:58 AM
10. Okay, switched to narrowband feed...

Posted by: Editor on May 27, 2005 09:58 AM
11. 228 Admitted

Posted by: Editor on May 27, 2005 10:01 AM
12. ... admitted with concern.

Posted by: Editor on May 27, 2005 10:02 AM
13. Yes!

Posted by: Dogbert on May 27, 2005 10:02 AM
14. test post... testing... testing...

Posted by: Editor on May 27, 2005 10:03 AM
15. yes, more admitting... Do the Dems understand yet that their tactics are NOT working? Probubly not they do not and have not comprehended any of this.. Objecting just as they like to vote...

Posted by: me_b_watching on May 27, 2005 10:04 AM
16. Object early, object often! :-)

Posted by: megs on May 27, 2005 10:06 AM
17. exatly Megs.!! :-)

Posted by: me_b_watching on May 27, 2005 10:07 AM
18. 'Objection, your honor, on the ground that this evidence will help prove the opposition's case!!'

Posted by: Larry on May 27, 2005 10:07 AM
19. I'm surprised he didn't admit the post-it notes. ;)

Posted by: Nathan Azinger on May 27, 2005 10:09 AM
20. Sounds like the way they vote in Chicago, my former home town.

Posted by: Jeannette on May 27, 2005 10:10 AM
21. OMG, Durkan (jokingly, I hope) agreed to drop her concerns if the petitioners agreed that any records Billy Boy certified are ACCURATE. Nice try, Jenny.

Posted by: Editor on May 27, 2005 10:10 AM
22. ?Over arching Objection???? never heard that one before... ROF

Posted by: me_b_watching on May 27, 2005 10:10 AM
23. Do we have the foundation to the "Objection Party?" Considering that some of the ancestors of the current Dem party come from the "Know Nothing" Party I'm not surprised. I'm just waiting for Jenny to a republican objection!

Posted by: Victor on May 27, 2005 10:11 AM
24. Editor & Stefan & others: PLEASE keep up the blow-by-blow summaries for those of us that can only check into the website and these comment threads several times a day - you are our only source for what is really happening over there as our local media refuse to cover this truthfully (eg: Westneat)

Posted by: Scott in Carnation on May 27, 2005 10:11 AM
25. I object!!! Certification of the election is just an opinion and not a fact!

Posted by: MrBeach on May 27, 2005 10:11 AM
26. Why did the Dem's try and block the most up to date and accurate information from being admitted into court this morning? Shouldn't we all want all of the facts for the Supreme Court to rule on?

This trial needs to be about getting to the bottom of things once and for all. I'm not very happy with my part right now.

Posted by: who'dathunk! on May 27, 2005 10:14 AM
27. I'm just curious...if you were the judge, wouldn't all these ridiculous objections make you wonder...What they're trying to hide? Why object to the evidence? They obviously object to the whole trial, but since that hasn't been thrown out they want to throw out all evidence.

I don't get it...but then again, I try to use logic in my life and that doesn't seem to apply to most Dems (not all...but most).

Posted by: megs on May 27, 2005 10:16 AM
28. Shame on you people. I read Danny Westneat’s editorial in the Times this am.
Don’t you all know its over, the GOP failed to prove anything.
Shame, Shame, Shame on all of you.

Posted by: Brad on May 27, 2005 10:17 AM
29. Has anyone else noticed that Jenny Durkan does not like to make eye contact with Bridges?

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 10:18 AM
30. Admitted, DUH

Posted by: Editor on May 27, 2005 10:20 AM
31. It seems as Jenny has only one oar in the water...
She looks like she is getting dizzy!

Posted by: Terry Clark C on May 27, 2005 10:20 AM
32. Jenny: "You know, I'm getting awfully tired of the Republicans playing the evidence card."

Posted by: Joe F. on May 27, 2005 10:21 AM
33. "Why did the Dem's try and block the most up to date and accurate information from being admitted into court this morning? Shouldn't we all want all of the facts for the Supreme Court to rule on?"

The donkey party doesn't like facts, and that's their only ability to throw off this case. Facts only work against them, particularly on the basis of the totality of the facts brought into evidence.

They FEEL that CG was elected.

And, I am adding to the GDP as well today. Though I will admit that it's a slower pace with everyone else being off.

On the good news side, I have more bandwidth at the office to catch more of the stream.

Steve

Posted by: Patches Pal on May 27, 2005 10:22 AM
34. megs - The way you have to look at this it this isn't really a trial to determine whether on not the election is set aside. It is an information screening excercise, so the whole thing can then be handed to the supremes. He's just packaging everything up for them. The less that is in the package, the better for the donx.

Posted by: Dogbert on May 27, 2005 10:23 AM
35. who'dathunk!, You would think so wouldn't you. Unfortunately truth doesn't even take second place! It is a win at all costs, damn the people!

Posted by: Fred on May 27, 2005 10:24 AM
36. I agree Dogbert. If the dems win their abjections to the evidence, then there is no case...But I feel confident that this Judge will admit all the evidence, so the trial can prove one way or another when it comes to the Judges of the Supreme court. I am just curious on what the Dems side will be when it is really there turn.. with objecting with everything so far, do they have anything to offer themselves?

Posted by: me_b_watching on May 27, 2005 10:27 AM
37. 37 Admitted

Posted by: Editor on May 27, 2005 10:30 AM
38. Object Object Denying that provisionals went directly into accuvote machine...danger Will Robinson...reality is escaping us...danger, danger!

Posted by: Terry Clark C on May 27, 2005 10:30 AM
39. hand notes... ADMITTED

Posted by: Editor on May 27, 2005 10:35 AM
40. Thanks for the by-play. I've been checking in on the action a few times each day. Really appreciate you folks telling the rest of us what's happening.

- in Little Rock, AR

Posted by: Timothy on May 27, 2005 10:38 AM
41. I agree with me_b_watching regarding the Dems case. Not sure what they are going to try to show since they're like Mike-e from the old cereal commercials; "(s)he hates everything!"

Posted by: HalHusky on May 27, 2005 10:40 AM
42. Jenny tried to object to precinct reports because precinct works were not asked to testify by petitioners, thus makes it hearsay...

McGuire says, "Uh, we thought it would be more efficient to admit report instead of calling 5000 poll workers."

283 ADMITTED

Posted by: Editor on May 27, 2005 10:43 AM
43. Thanks to those of you from out of state who care enough to pay attention to this. It really does / will have impact nationwide.

Posted by: megs on May 27, 2005 10:44 AM
44. I suppose that Durkan is really quite a nice person, and has cracked a couple of pretty funny jokes.

Still, and admittedly she doesn't have a leg to stand on...

...but if a major league baseball player had a batting average of .000, there would be a quick trip to the minors.

Gotta admit though, it's rather fun to watch her sweat. Look at her body language and facial expressions, shuffeling papers around like re-arranging deck chairs on the Titanic...her face is weary and shaky.

Posted by: scott158 on May 27, 2005 10:45 AM
45. The way Durkan keeps objecting, one has to wonder if she's the grande conspirator behind the fraud claim.

You'd think she'd learn to shut her pie-hole...

Posted by: Brent on May 27, 2005 10:51 AM
46. No, Dems don't like facts. They use made up numbers all the time.

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 10:52 AM
47. Do you think someone's scrambling to remove pages from KC's website, or did that happen early on?

Posted by: appalled on May 27, 2005 10:54 AM
48. megs, I'm a former King County resident. I'm just amazed there isn't a word about this trial on any of the major news outlets. This seems like one of the biggest news stories of the year, and all I hear is blather about some guy who killed his girlfriend and won't come down from a construction crane.

Posted by: Joe F. on May 27, 2005 10:54 AM
49. I suppose that Durkan is really quite a nice person

I'm not so sure, although I guess it depends on how you define a "nice person." One things I am sure of is that she does not like men and is on a personal mission to fight what she thinks is "the patriarchy."

Do a search on "Jenny Durkan" + "Dana Garvey"

What you will find is very interesting.

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 10:56 AM
50. I'm surprised Jenny hasn't objected to the evidence presented on the grounds that it may influence the judge!

Posted by: Bruce B. on May 27, 2005 10:56 AM
51. Joe F:

That's why I don't watch the news anymore...even FOX is getting pathetic and tabloid-ish. Sheesh!

Posted by: megs on May 27, 2005 10:57 AM
52. Ms Durkan is just one of many Dem puppets and just doing what their puppet master(mistress) wants. The Judge seems to be tangleing their strings...and doing a great job of it, I must admit..

Posted by: me_b_watching on May 27, 2005 10:58 AM
53. Ms Durkan is just one of many Dem puppets and just doing what their puppet master(mistress) wants

Durkan is more than a puppet. Mistress might be right. Check this:
Durkan and her partner

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 11:03 AM
54. watching from a distance-

I see a trend of

objection-overruled-objection-overruled-objection->shutyourpieholejenny

Posted by: Andy on May 27, 2005 11:03 AM
55. You also should note that Durkan is a personal attorney for Gregoire:

Durkan is Gregoire's henchwoman

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 11:06 AM
56. Thanks for all your commentary and real-time analysis. Can't get TVW streaming here. Only way to know how we're doing.

You'd think that by making all the objections, their side risks upsetting Judge Bridges. What's his demeanor like with regards to the objections?

Posted by: Van in Baghdad on May 27, 2005 11:09 AM
57. Joe F.--seriously? None of the local WA TV stations have this? That's NUTS.

Posted by: Bostonian on May 27, 2005 11:11 AM
58. Thanks DeadManVoting (aka Iguana) for the additional info... know it is real clear about Ms Durkan"s confusions...

Posted by: me_b_watching on May 27, 2005 11:14 AM
59. The NWCN stream of the TVW feed is very stable. You have to register, but so far I've gotten no spam related to my registration.

Posted by: Jim in Clark County on May 27, 2005 11:16 AM
60. The only problem I've had with NWCN is that the feed stops after a certain amount of time and you have to go click the link again and listen to their opening commercial again. sigh.

Posted by: megs on May 27, 2005 11:19 AM
61. Jenny's looking a bit discombobulated today...

Could it be all those "Over ruled" and "Admitted into evidence" rulings are getting her down?

Posted by: Cheryl on May 27, 2005 11:19 AM
62. Van, thanks for your service. Judge Brides demeanor is very even. He hasn't shown any frustration with the nonsense objections. He has just shoot them all down. While duly noting that they are concerns.

Posted by: Gpat on May 27, 2005 11:20 AM
63. Judge Bridges has the patience of Job! I've got to believe he is seething inside with the Dems objecting to everything and slowing up the process.

Aside, I'll bet his court recorders get really nice Christmas presents and/or bonuses!!!

Posted by: HalHusky on May 27, 2005 11:21 AM
64. As has been commented on other threads the "objection method" being employed by Jenny is possibly meant to get a reaction out of the judge so they can have grounds to claim bias and a misstrial. Welcome to the real world Jenny. Here facts happen whether you say "no" or not.

Posted by: Victor on May 27, 2005 11:21 AM
65. No Jenny, NO! Sit Jenny! Heel! Be a good girl Jenny, no more barking! No Jenny, NO! Jenny, what part of NO do you not understand?

;-)

Posted by: dano on May 27, 2005 11:21 AM
66. Let me see if I have this straight: according to the Dem lawyers, no documents the King County elections office produced with regard to the election are "fact", all are just "opinion"; so all the documents their canvassing board relied on to certify their election results were "opinion", not "fact", right?

I think this should be noted as the Dems scoring another "own goal". I love it; "King County's canvassing board didn't rely on any factual documents to certify it's election results your honor, it was all just straight opinion and conjecture!"

Posted by: California Dreamer on May 27, 2005 11:21 AM
67. While all of you seem to think it is good news for the Rs that the judge is admitting all the evidence over the Ds objections, there is another way to look at it. The judge has already basically decided that the Rs haven't met their burden of proof and is going to rule against them. He is now trying to make his decision as appeal proof as possible by eliminating any evidentiary objections the Rs may have on appeal. Just something to think about.

Posted by: Steven on May 27, 2005 11:23 AM
68. Thanks DeadManVoting (aka Iguana) for the additional info... know it is real clear about Ms Durkan"s confusions...

By the way, Dana in this case is a woman.

I don't know if this is an issue about confusion, but it certianly gives you a strong idea of her perspective.

She is also a leader in the UW Center for Women and Democracy, which is a far left organization coming out of UW (and thus supported by tax dollars indirectly, since money is fungible) and very active in what they consider to be a war on this nebulas thing they call "the patriarchy."

Of course, "alternative lifestyles" are one of the big things UW Women Studies promotes.

See this (Durkan and "friend" listed as donors) while Gregoire is on the board:

Seattle PI has a poignant column

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 11:27 AM
69. Whoops! That last link should be:

UW Women and Democracy

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 11:29 AM
70. Steven,
1) That's paranoid.
2) But that doesn't mean you're wrong.
3) But admitting this stuff to the record means that other courts will have to deal with it too.

Posted by: Bostonian on May 27, 2005 11:30 AM
71. I'll complete Stefan's joke for him as I think I know why he wants Jane Curtain to play Jenny in the movie:


"Jenny, you ignorant slut."

Posted by: Jeff B. on May 27, 2005 11:36 AM
72. DMV - I must have missed it. Was it in a previous edition of "UW Women in Democracy" that hailed the great improvement in womens' lives in Iraq?

Posted by: Fred on May 27, 2005 11:40 AM
73. Steven-I hope it's not a CYA maneuver (admitting all evidence) and a precursor/indicator on which way he's leaning towards, but I can certainly understand that point of view. Still, the Dems aren't winning any popularity points with him and that can't be totally discounted as an influence on his ruling.

Posted by: Van on May 27, 2005 11:46 AM
74. Durkan basically objects to any and all evidence that might be introduced into the trial to show the Democrats did something wrong.

That's a cute little strategy that would be good in grade school, I mean without evidence, it would not be much of a trial.

In the real world, one would expect a lot more professional behavior from a lawyer of her stature, then again, maybe she's just a lawyer that has always kissed the right butts in the reigning political party and that's why when it comes to a real trial, all she can do is object to absolutely everything.

This is going to hurt the Dems as its all part of the cumulative record that Judge Bridges will weigh upon.

Posted by: Jeff B. on May 27, 2005 11:47 AM
75. Pardon me while I suggest a different way of looking at things...

I think you are all a little too hard on jenny Durken. I'm not talking about her particular orientaion or ideologies, I'm talking about her court performance. You might actually consider cutting her a little slack. After all, she was probably assigned this rather daunting task without much option to back out.

Democratic machine: "Jenny, your job is to stop that republican steam roller trundling on down the road. Use any means you have at your disposal. Here are a stack of vaguely applical laws and some papers to shuffle. No other tools will be available."

Jenny "Uhhhh..."

DM: "Go get em Jenny. Were all right behind you!"

(boot) (slam) (click)

Posted by: Eyago on May 27, 2005 11:51 AM
76. If someone is a lawyer out there, please correct me, but I believe there is a reason for objecting even if you know you won't win. Everyone knows the trial will be appealed no matter which side wins. This is why the judge is making sure to allow everything (or practically everything) so that a grounds of appeal won't be because the judge didn't allow the evidence. By objecting, the Democrats get on record that evidence was objected to. Therefore, upon appeal they can cite that they did try to get evidence not admitted and the appeal can be based on the fact that the judge admitted evidence he shouldn't have. The objections are to make sure all the avenues of appeal are open if they lose the case. I would expect the same from the Republican side when the Democrats present their case.

Just my two cents worth.

Posted by: tc on May 27, 2005 11:57 AM
77. Fred - it's in the edition that I linked.

See Board of Directors, which has Durkan and Gregoire

Then, see that Durkan gave $10,000 usd to this group in 2004. That is major money to be giving as charity.

To see Durkan making a $ contribution with her partner (Dana), go here:

National Gay and Lesbian Task Force Foundation

.... and see page 11

Posted by: DeadManVoting (aka Iguana) on May 27, 2005 12:10 PM
78. "While all of you seem to think it is good news for the Rs that the judge is admitting all the evidence over the Ds objections, there is another way to look at it. The judge has already basically decided that the Rs haven't met their burden of proof and is going to rule against them. He is now trying to make his decision as appeal proof as possible by eliminating any evidentiary objections the Rs may have on appeal. Just something to think about."

Steven,

Early on in the trial...I was concerned about how and why the Judge was handling the Dems objections to the evidence...
However, Judge Bridges has made it crystal clear over the past 2 days - in his explanations of why he is allowing the Republicans evidence to be admitted - that he believes the evidence is *relevant*, *important*, etc....

This pretty much establishes that the Judge
has confidence in the Republican case.....

Posted by: Deborah on May 27, 2005 12:21 PM
79. Just testing [i]something[/i]
and [b]this[/b] too

Posted by: Jason on May 31, 2005 11:35 PM
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