| MONDAY, 25 JUNE 2007: DAY- FIVE OF TRIAL IN TALLAHASSEE CASE ~ REPORTING FROM THE FRONT LINES ~ JURY VERDICT: NO JUDGMENT FOR PLAINTIFFS --- WE WIN!!! written and submitted by Jerome Heinemann ( W V ) The day began in USDC Court, Tallahassee, at 9:00 am with Closing Arguments first by Andrew Byrne, Tallahassee attorney for Kennedy - Dallas-faction. All during the trial Byrne was assisted by two additional attorneys from his law firm, and one attorney / parliamentarian " expert ", James Slaughter from North Carolina @ $3000.00 per / day. Today however, Slaughter was not present although throughout the entire trial to date, Slaughter seemed " joined-at-the-hip " with Byrne! After Byrne made the first of his two - part Closing Statement, he was followed by Defendants Shawn O ' Hara (MS), then Jerome Heinemann (WV), then Nelson 'Skip' Foley (ME), then Jeanne Doogs (TX), and lastly by John Blare (CA) in the order they appeared in this lawsuit. Each side had a total of one hour to present their Closing Arguments. Without prior rehearsal or prompting, each Defendant, acting Pro Se, presented the case in their own words and when the Closing Statements were over, they complimented each other as if building a brick wall and then some. Lastly, attorney Byrne gave the second part, the rebuttal, of his two - part Closing Argument. After that, the Federal Judge read his Instructions to the Jury and the Jury then left the courtroom to begin their deliberations. After about forty - five minutes, a request came in from the Jury for six copies of the 2003 - 2005 RPUSA Constitution, some yellow marking pens, and the list of the exhibits entered into the trial by all parties. Then after more than four - and - one - half hours of deliberation, the Jury announced it had reached a Verdict. The charge to the Jury was as follows: " Do you find by the greater weight of the evidence that the vote changing officers at the June 2005 Tampa convention was valid?" All the Jury had to do was check off either "YES" or "NO" and the Jury gave a resounding unanimous "NO"! A "Yes" would have made Kennedy and her cohorts the National Officers of the RPUSA, a "No" means Kennedy and her cohorts are NOTHING within the RPUSA! It was clear from the testimony that Texas is NOT a legitimate State Party Organization (SPO) compared to the Texas legal requirements for political parties - the same is true about some others " allied " to the Kennedy - Dallas - faction ! True to past performance when not getting her way, after the Jury Verdict against her, Kennedy began pounding on the table with a large writing object, and the noise was obvious to everyone in the courtroom, including the Federal Judge since her antics were interrupting his final instructions and appreciation to the Jurors for being on the Jury and reaching a decision. The Judge almost stopped his talking to chastise Kennedy, but motioned to her attorney to bring her under control. The attorney was by now really " red-faced " either from embarrassment or anger or both for losing -- again! That ' s right, this is the THIRD LOSS in a row for Cooper & Byrne, PLLC while " representing" the RPUSA, as they called it! While they originally lost the 2004 Florida ballot line case for Ralph Nader, they were given a reprieve by the Supreme Court of Florida and Nader was given the ballot line for the Reform Party of Florida. But this same law firm LOST in the USDC, Gainesville, Florida, in the FEC v. RPUSA, et al., when the RPUSA was Ordered to repay the U.S. Treasury the sum of $333,558.00, plus interest. Both the Order and Judgment were issued on 22 and 23 November 2005 -- and Kennedy is listed as one of several responsible for repayment of the Debt -- not to mention that no expenditure can be made by any element of the RPUSA until the Debt to the U.S. Treasury is repaid in full! That raises the full spectrum of this case as to how these attorneys have been paid for the last three - years with NO PUBLIC FINANCIAL DISCLOSURES as required by law. Every time we attempted to open this door in court, the Judge sustained all objections -- but we established that an official record, or lack thereof, definitely exists! On 1 March 2007, the 11th Circuit Court of Appeals, Atlanta, Georgia, UPHELD the USDC, Gainesville, FEC v. RPUSA, et al., case -- and now the Debt and Injunction are locked in stone! That was the SECOND LOSS for Andrew Byrne -- until the THIRD LOSS in a row in this case today! This case was styled, RPUSA v. O ' Hara, et al., Case No. 4:05cv426, USDC, Tallahassee, Florida. And this is the eleventh or twelfth loss in a row for ole - Bev in the last seven years since she has tried to sue her way to the top instead of becoming a competent person capable of being elected and carrying out her duties! BUT the good news is that this is the first time Bev can be held personally liable for her frivolous actions and that will be commencing most probably in the very near future. Meanwhile, Andrew Byrne, Bev 's attorney, will be banished to New York City come 1 July 2007! This is the second attorney to be shown the door at Cooper & Byrne & Blue, PLLC since this case began seventeen months ago -- the first being Jackson Maynard, Jr. Senior partner Cooper is trying to " cut his losses " when the countersuits begin -- or so it would seem! An ironic twist-of-fate is that Valli Sharpe-Geisler made an agreement with the Kennedy-Dallas-faction to pay homage and acknowledge Kennedy and her cohorts as national officers of the RPUSA in an announced " out-of-court-settlement " last Monday when the case began. In exchange Sharpe -Geisler was promised she would not be further sued into the " hundreds-of-thousands " of dollars! In short, Kennedy testified that she was " authorized " to make these offers at settlement when in fact they they amounted to threats of extortion! But since Sharpe-Geisler sold out her integrity for fear of material loss -she in effect " switched sides " from a defendant to a plaintiff ! But now that the Defendants have WON - now Sharpe - Geisler is just as much liable for this frivolous lawsuit in general, compensatory and punitive damages, among a host of others! Sooo.. po-Valli is now facing not only a loss of good faith in her fellow Reform defendants - now she is facing being sued for restitution for having stabbed her fellow Reform defendants in the back! While the Kennedy - Dallas - faction vacationed in the Doubletree - Downtown, the Defendants stayed in the Motel 6 - Downtown -- in opposite directions but both within easy walking distance if necessary. The Defendants traveled by taxi each day, partied around the swimming pool as desired, and generally ate together and discussed the various issues involved in this case together. The Jury was a very educated group of Citizens, all college graduates, and they could easily see the difference in the demeanor between the Kennedy - faction and the Defendants! In fact there was no comparison when comparing Kennedy, Weill, both McKelveys, Collison, and Slaughter -- and all of the witnesses called by the Plaintiffs! Their credibility was easily defeated in Cross-examination. As for the Defendants, each was called to the witness - stand and came across with decency, integrity and intelligence in all phases -- particularly in Cross-examination! The Jurors realized this conclusion and stuck to their basic instincts of applying Common Sense and Common Knowledge to determine fact from fiction! In the end, all the money at their disposal, and still the Kennedy - Dallas - faction could not buy themselves a political party ! And in spite of having an organized effort in front of the Jury, assisted with attorneys at every hand -- and even with a complete " make-over " for ole - Bev, including a new hairstyle, new cloths, and a new look -- still underneath Kennedy was her ole - terse self and worse! Not only was she a poor witness for her side, Janelle Weill, Diane & Alec McKelvey, David Collison and their superstar, James Slaughter -- all failed to deliver any integrity from the witness - stand! It was all choreographed too slick to be believable! As Lincoln once said, " You can fool all the people some of the time, some people all the time, but not all the people all the time! " This was one Jury of our fellow Citizens who were NOT FOOLED by glitz, smoke and mirrors or deceit! NOW WATCH THE REFORM PARTY USA REALLY REUNITE AND MOVE FORWARD FOR THE MUTUAL BENEFIT OF ALL CONCERNED! ALAS, ALAS -- THE RPUSA IS FREE AT LAST ! |
| CORRECTION: THIS ARTICLE WAS WRITTEN BY HEINEMANN AND WAS EMAILED BY FOLEY WHICH CAUSED THE WEBMASTER TO INCORRECTLY ATTRIBUTE WORK TO FOLEY. PLEASE ACCEPT MY SINCERE APOLOGIES REGARDING THIS ERROR. THANK YOU ! |