The legal residency challenge against newly elected Kitsap County Commissioner Josh Brown was dismissed yesterday:
[visiting Judge Craddock] Verser ruled that in spite of phone and utility records, and an energy usage expert, as well as engaging a private investigator, Ross simply did not prove the case that Brown didn't live in the district he was elected to represent.As we've learned before, the standard for the challenger to prevail in a residency challenge is nearly impossible to meet, no matter how implausible the challenged voter's claim of residency. But Brown may also face a felony complaint:
Brown and a former teacher, Arna Souza of Bremerton, had discussed Brown house-sitting for her ... but that no agreement was reached. Brown, in the meantime registered to vote using Souza's address. Souza said she never gave Brown permission to do soPosted by Stefan Sharkansky at February 08, 2007 11:54 AM | Email This
I like the part of the story in the Kitsap sun which said Mr Brown's apartment was searched and although there were some clothes, he had no underwear or socks in the apartment. And no furtiture except for a futon.
Impossible burden. YES. How can someone say they living there and have no underwear or socks at their apartment??
Posted by: Bill4728 on February 8, 2007 11:47 AM
Judge Craddock Verser ruled that the plaintiff's case (Mr. Ross et al.)In Re the Election of Joshua W. Brown did not meet the clear and convincing standard of proof. Case dismissed.
Obligatory hugging of defendant, defense counsel and jubilation among his supporters filled the court room. Happy Days return to Kitsap County Admin. Building.
However at the end of the day Joshua W. Brown still has to deal with the filing of fraudulent voter registration in the period of Feb - May 2006. This matter is a criminal matter and not the challenge of an election. This time Josh Brown's courtroom sworn testimony and Karen Flynn affidavits will make the case easy for the County Prosecutor.
I wonder if this event leaves Commissioner Brown politically wounded or just burnishes his reputation for political extreme games.
Subject: JOSH BROWN BEATS THE RAP --- TAR EVERYWHERE THOUGH
Judge Craddock Verser ruled that the plaintiff's case (Mr. Ross et al.)In Re the Election of Joshua W. Brown did not meet the clear and convincing standard of proof. Case dismissed.
Obligatory hugging of defendant, defense counsel and jubilation among his supporters filled the court room. Happy Days return to Kitsap County Admin. Building.
However at the end of the day Joshua W. Brown still has to deal with the filing of fraudulent voter registration in the period of Feb - May 2006. This matter is a criminal matter and not the challenge of an election. This time Josh Brown's courtroom sworn testimony and Karen Flynn affidavits will make the case easy for the County Prosecutor.
I wonder if this event leaves Commissioner Brown politically wounded or just burnishes his reputation for political extreme games.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thanks for the short opine: who is the Editorial Board to lecture the plaintiff in this case. Did any of you bother to sit in and listen to the very inconvenient testimony by and about JWB? Or did you rely and the sketchy and curious coverage of your Reporter Brynn Grimley?
The actions of the plaintiffs and other voters bringing challenges stand leagues above the Sun's lecture about how to spend their energies. Please, save the self-serving lectures.
If you had attended you would have seen Brown admit to hatching a scheme to commandeer his 8th grade teacher's address identity for purposes of filing a fraudulent voter registration in the district he was preparing to declare candidacy. Brown did this act consciously, knowingly and with full knowledge this was a fraud.
Your paper glosses over this with the glib statement that Brown thought this was a "misunderstanding." The owner of the property made it perfectly clear she had no deal with Brown to allow him to live at that property. This was the same witness Attorney John Morgan did everything in his power to bar from testifying -- and for good reason. This woman confirmed Brown was willing to perjure himself as well as submit fraudulent voter registration.
Sorry Sun editorialists, the issue now is not where he lived to a more focussed and vexying: do we want a sitting Commissioner who uses fraud and perjury as MO of his office? And Mr. Hauge, Brown contributor, supporter and provider of legal defense in the early stage of the trial, is not the impartial prosecutor to hear this matter. The matter must pass out of the sphere of Brown influence.
The Sun should so some self reflection about why they did not do any journalistic investigation on Brown during the election. I know why and you know why but the Sun remains hypocritical to a unusual degree.
Posted by: James M. Olsen on February 8, 2007 12:59 PMTotally, totally unbelievable. You just have to say where you want to live and the law won't do anything about it.
Posted by: swatter on February 8, 2007 03:36 PMThe plaintiffs produced cell phone records showing that Brown made late night and early morning calls from the Jefferson County cell tower closest to his parent's home -- and miles away from his apartment. His calling pattern didn't vary widely from January through December of 2006. However, the judge admitted while reading the verdict that he didn't quite know how to interpret the bills or the calls.
The energy expert testified that excluding electric heat, "moderate" electricial usage would be around 500 KW hours, and "light" usage at 250. Brown consistantly used less than 65. That's about enough to power the empty refridgerator - without hot water. Yet the judge said he found the energy usage, because it varied slightly, to be a factor in his decision that Brown occupied the apartment.
He didn't even comment on Brown admitting to a felony on the stand or to stealing wi-fi signals.
Finally, just before recessing at the end of closing arguments, he asked if there was any evidence Brown owned any physical possessions other than what was in the apartment.The plaintif's attorney was forced to answer in the negative - in spite of discovering a storage unit in Poulsbo during the trial. They weren't allowed to enter that fact or get the unit open because the trial was already underway. Makes you wonder what's inside, and what will be inside Brown's new house, doesn't it?
Posted by: Just A Guy on February 8, 2007 03:56 PMOur county commissioners are nominated by district. This time, it was the Central Kitsap district residents who were supposed to nominate candidates "from within their own number," that is, from among residents of that district.
Trying to prove Brown wasn't then a resident is difficult if you start your investigation in mid-November. The minimal electricity usage and the statements of neighbors who never noticed anyone, much less Brown, living in that apartment for many months, make it reasonable to think that the apartment probably wasn't Brown's actual place of residence. But, there is a difference between thinking that something is probably so and being reasonably certain that it is so.
The status of the apartment in January is surely odd, but that is again something that doesn't say a lot about where he lived in the preceding July to November period. The question was whether he was eligible to be a candidate back in September and November, not whether he had underwear in his apartment in January. That's a cute way of putting it, but I think people ought to step back for a bit and consider just what they expect a judge to do when asked to extrapolate from such evidence to determine the residency of Brown from late July to September or even early November 2006.
Posted by: Micajah on February 8, 2007 04:01 PMMaybe he's an astronaut! :-o
Seriously, this is stupid. The guy did NOT live in the district where he said he did. Why is he being protected by this judge?
Posted by: Seabecker on February 8, 2007 05:22 PMLike perhaps Depends?
Posted by: Janet on February 8, 2007 06:19 PMJim S
Posted by: James Sommerhauser on February 8, 2007 08:00 PMThe testimony from the JWB gang of 8th grade buds from N. Kitsap High saw less that 6 visits to the campaign office and all at pre-arranged times JWB was "door belling." No witness testified Brown ever answered the doorbell or took a call at the apartment land line.
Mommy visited twice and Daddy zero -- of course, Brown was always at Mommy/Daddy.
Phone records had first call of the day and last call of the day come from the cell tower closest to Mommy/Daddy.
Daddy testified he saw Josh daily even though he worked 0630 -2000. When asked where he say son Josh, Daddy said he saw him when he got up to use the bathroom at night. Hmmm !!!
Mommy's testimony was equally odd. Never stopped in to see great son -- of course not since he was with her at all odd hours.
What about the storage unit where Brown stored his gear? Brown perjured himself that all his belongings in live were in his sham apartment. The inconvenient truth was that Brown had a storage locker with his real "stuff."
Judge Verser's verdict tailored his ruling to nit picky anomalies in the record of the plaintiff lie the fact Daddy wouldn't stretch the truth because he had a Top Secret clearance.
Nice try but the testimony made it very clear this Candidate played fast and loose with reality.
GWB's issues are not over even if they were all singing Happy Days are here again . . .
Posted by: Shogun correcting the record on February 8, 2007 08:31 PMIn general, judges are extremely hesitant to overturn any election. And given their affinity for Democrats, even more so. Justice is not blind in this state, but willfully ignorant when Democrats are involved.
Posted by: pbj on February 9, 2007 12:41 AMBrown testified again and again that he was a modern Mahatma with only a few worldly possessions and they were "all in his apartment." Because of evidencery issues (perhaps), plaintiff Ross was not able to enter incontrovertible evidence that young Mahatma had a storage unit squirrled away. In this unit were the "other worldly possessions" he didn't think Attorney Radosevich was talking about. Brown's apartment was a campaign office/stage prop for a guy who so need Mommy Dear's cooking and support.
Perjury may be a fun game to play but it is very troubling to me to hear such a stream of lies, evasions and manipulation.
In fact the D's did know he did not live in the required commissioner district including officals of the Kitsap Court system. They treated it with a broad grin and one big yawn.
Posted by: James M. Olsen on February 9, 2007 06:07 AMAnd I have to agree with Neutral Observor who asked if Josh was busy doorbelling 18 hours a day, why didn't he bother to doorbell his own neighbors?
A good question was also raised and excellent observation made by the Kitsap Business Journal when they asked why, on the day the suit was filed, didn't Josh Brown just call a press conference and invite reporters in for coffee? It would have put the entire issue to rest immediately, completely negated the lawsuit as well as neutralized his opponents credibility over the long term - not to mention saving himself a ton of money and time. The only logical reason was because it would have been obvious he didn't live there.
Finally, I'm a Democrat who voted for Josh Brown. But to see him lie on the stand, admit to a felony and admit to stealing wi-fi signals makes me want to puke. I believe my party leaders should have been the first to insist Josh Brown come clean and open the door to his apartment as soon as this became public - not protect him at all costs. I believe the people running the Kitsap Democratic Party should be holding their own to the same standards they would be demanding if this were a Republican and not one of their own. What they've done makes them little more than hypocrites who embarass all Democrats.
Posted by: Just A Guy on February 9, 2007 08:34 AMWhat say you Judge Vesser?
Posted by: Tyler Durden on February 9, 2007 10:10 AMWhy didn't Dicks, Endresen, Hauge, Flynn, Bozeman and all those civic leaders come to Brown's defense by saying they stopped by his pad?
Other than Mommy/Daddy and two very weak testatments from his chums, no one saw the inside of 1015 Perry. So, Just a Guy, how does Brown call a news conference just to come to his "stage pad," without altering the carefully choreographed lie? The press would have come because for the most part they have spun, delayed and carried water for Brown from the primary on.
The reason great mentors Dicks, Endresen, Hauge et al didn't come to court is they stench would have left them damaged.
Happy Days are here again woffs from the Commissioner's chambers for now . . .
Posted by: Shogun on February 9, 2007 03:14 PMI guess the effort is to recast the record before the bell stops ringing. Unfortunatley there were enough impartial observers in the court room who heard a tawdry tale of lies and half truths for the whispering in the halls at Kitsap County HQ for the next 4 years -- if we go that far.
As to the charge of "wasting huge sums of taxpayer money with this unfair trial of Commissioner Brown," would the Democrat letter-writer prefer a more discrete handling of Brown's flagrant disregard for RCW and democracy to be left cigar-smoking Prius driving Kitsap County Dem Political Commissar?
It would have been easier to "move on" with Joshua W. Brown had he really "moved in."
Posted by: Shogun on February 10, 2007 11:53 AMBeing quite involved in the Republican Party in the past , several Executive Board positions , State Conventions , the whole bit , I have never met the fella who brought forth this suit . I am sure political bias spurned it on , but it was anot an effort of the Republican Party . Kitsap Republicans have been loosing elections on our own , we do not help of those who misrepresnt the facts and hide illegalities . Mainly democrats .
but obviously why would anyone take lightly a County Commissioner stating on a witness stand he signed an affadacvit saying he lived in a house that he did not ? Or if they did not think that was important to them , not acknowledge someone did because it is against the law ..
i believe we have reached a time in Kitsap County where these matters of law and integrity just no longer matter to the media , they have become shills for their issues and integrity be damned .
Posted by: mickshledon on February 10, 2007 12:55 PMProjecting to the first day of April, I can hear on National Public Radio (NPR), or was in in a Charlie Bermant article, that a book is forthcoming: The XXX-Generation Frugality for Idiots by Josh Brown. Chapters to include a) how to cut your Wi-Fi cost to zero b) how to establish residency and not even have to move c) how to use a futon as a bed/desk/stage prop. I can't wait to see the review of the Frugality for Idiots by the Kitsap Sun.
I can see the glowing book cover kudos on the value of the philosophy from Congressman Dicks, Mayors Bozeman, Quade, Kordonovy and other civic leaders.
Book signing can be at 1015 Perry, room 204. (campaign office/bachelor pad made famous in the trial)
The excitement is building for our new Commissioner hero Brown.
Posted by: James M. Olsen on February 14, 2007 03:51 PM