For those who care about an honest voting system in this country,
this is an exceedingly important story. Please read it through, and pass it on.

(Go to the original site for live links.)

MCM

February 25, 2009
The (Non) Results of Monday Morning's Superior Court Hearing in Pima County, AZ
By David Griscom

http://www.opednews.com/articles/The-Non-Results-of-Monda-by-David-Griscom-090224-506.html

Evidence abounds that in all likelihood the 2006 
RTA ballot initiative (committing Pima County, 
Arizona, voters to pay via sales taxes $2 billion 
for improvements in local streets) was rigged 
[see here and references therein and/or my 
earlier OEN report].  In 2007, Arizona Attorney 
General Terry Goddard finally responded to 
pressure from Tucson election-integrity activists 
by initiating an investigation ...to be jointly 
carried out between his office and the Pima 
County Election Department (listed in the 
complaint as the suspects!).  Not surprisingly, 
the alleged perps ignored the devastating 
evidence of rigging offered them by activists 
John Brakey, Jim March, and Bill Risner and with 
the tacit support of the AG's Office rigged the 
investigation of themselves to produce 
(surprise!) no incriminating results [see my 
condensed history].

But the Pima County Democratic Party represented 
by attorney Bill Risner continued to press the 
issue in the courts, adding more and more 
evidence that the RTA initiative passed only due 
to vote flipping carried out by the Pima County 
election-computer operator Brian Crane, and they 
demanded that the actual paper ballots be 
recounted to prove or disprove this conclusion. 
It eventually became apparent that the only 
official in Arizona with the authority (and 
obligation) to order such a recount is AG Terry 
Goddard (a Democrat) ...who repeatedly insisted 
that there is insufficient evidence to justify 
such a recount and/or that voter "curiosity" is 
insufficient reason to let the voter know whether 
or not his/her vote had been stolen.

Last week, the Pima Republican Party aligned 
itself behind the Democratic Party's lawsuit, 
which had already been joined by the Libertarian 
Party.  And this Monday morning representatives 
of all three parties were in the courtroom of 
Pima County Superior Court Judge Charles 
Harrington to jointly press their demand that the 
RTA ballots be recounted.
What actually happened in that courtroom Monday 
morning was beyond bizarre.  The judge pointed to 
some obscure point of law, which he argued 
excused him from hearing further arguments and 
thus concluded that the suit should be heard by 
the Appellate Court (see my last paragraph for a 
glimpse of what was actually going on beneath the 
surface!).  In the ensuing brief discussion it 
came out that AG Goddard had just issued a secret 
order to take custody of the RTA ballots. 
Apparently, the secrecy was intended to keep only 
the plaintiffs in the dark, since the judge 
whimsically wondered out loud if this secret 
order was the same one he heard in the local news.

It seems that Goddard's plan is now to remove the 
ballots from a vault where they were totally 
secure and to transfer them to Maricopa County 
(where citizen poll watchers during the 2008 
general election witnessed election officials 
routinely flouting election laws, especially 
regarding ballot chain of custody - and where the 
election department owns a ballot printer capable 
of spewing out brand new ballots matching any 
template used in the past).  While Goddard has 
pledged that "...strict security measures will be 
taken to secure the ballots and the investigative 
process," he has yet to invite authorized 
representatives of the three major parties to 
witness the transportation and storage of these 
ballots.  AND their protracted storage in 
Maricopa County is a clear and present invitation 
for someone there to tamper with them.

So Monday morning's court hearing before a full 
house of concerned citizens ended practically 
before it started.  From the plaintiff's view 
point, the only good thing to transpire was the 
presence of the Tucson Channel 13 (KOLD) news 
team headed by veteran newscaster Bud Foster, who 
spent the better part of an hour interviewing 
Bill Risner outside the courthouse, before 
demanding that a Republican put on the microphone 
to assure balance in his newscast.  Republican 
2006 CD 8 congressional candidate Randy Graf 
promptly stepped forward and essentially seconded 
all of Risner's concerns about the integrity of 
Pima County elections [To watch Bud Foster's 
excellent news broadcast Monday night click here; 
you can also watch "out takes" of the same 
interview filmed by independent videographer J.T. 
Waldron].

Now here is a bit of the story behind the story 
that led to the bizarre null outcome of Monday 
mornings's hearing:  It seems that Judge 
Harrington had previously thrown roadblocks in 
front of the objectives sought by the Democratic 
Party's lawsuit and had shown himself to be 
inclined toward never deciding the case. 
However, the Democratic Party also has an 
additional pending lawsuit requesting the poll 
tapes of the RTA election (an additional form of 
evidence as to whether or not the ballots we 
counted correctly), which is assigned to Judge 
Javier Chon-Lopez of the same Superior Court as 
Judge Charles Harrington.  Having a different 
judge for this case was good for the Democrats 
(and their like-thinking Libertarian and 
Republican allies) since, according to Bill 
Risner, Harrington had unequivocally refused to 
consider "the constitutional provisions and case 
law submitted to him."  Hence, it was absolutely 
clear that Harrington would never allow those 
pleadings to be filed.  Meanwhile, the dark 
forces working behind the scenes (read the AG's 
office) were maneuvering to have Harrington also 
hear the case presently assigned to Judge 
Chon-Lopez; in fact, they had filed a Motion to 
Consolidate the two cases before Harrington.  It 
is for this reason alone that Bill Risner filed a 
notice of appeal before the hearing on Monday, 
i.e., in order to deprive Harrington of the 
opportunity to commit further mischief to the 
Democrats' case.  The notice of appeal pertained 
to only a part of the Democratic Party's case, 
and so on Monday morning Bill explained to the 
judge that he could still go ahead and hear the 
other parts.  Harrington, however, seeing the 
large crowd room, decided to use the Risner's 
appeal as a tendentious excuse to pass on a hot 
potato; thus, he claimed that he did not have 
jurisdiction to do anything and therefore was 
"compelled" to terminate the hearing.




Author's Website: http://www.impactglassresearchinternational.com/

Author's Bio: Ph.D. in Physics, Brown University, 
1966. Fellow, American Physical Society. Fellow, 
American Association for the Advancement of 
Science. Fellow, American Ceramic Society. 
Research Physicist at Naval Research Laboratory 
(NRL), Washington, DC, 1967-2001. 
Fulbright-García Robles Fellow at Universidad 
Nacional Autónoma de México, 1997. Invited 
Professor of Research at Universités de Paris-6 & 
7, Lyon-1, et St-Etienne (France) and Tokyo 
Institute of Technology, 2000-2004. Adjunct 
Professor of Materials Science and Engineering, 
University of Arizona, 2004-2005. Principal, 
impactGlass research international, 2005-present.
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