Thursday, August 19, 2010
The Flinn vs. Cody Court Hearing Today. By geniusofdespair
Read Wedensday's Post if you haven't been following the issue.
I am at the hearing on Flagler today to see Stephen Cody's case against District 8 candidate Eugene Flinn, for not filing a resignation letter. Natacha's buddy, Cody, got the hearing pretty quickly to try to get Flinn thrown out, it is before Judge Ron Friedman. I will be reporting from the courtroom as best I can.
1:24pm Cody is here so is Flinn and Sola's attorney. Waiting on Flinn's attorneys. We are having hearing in chambers as judge Pando is using his courtroom. Media has arrived. One of Flinn's attorneys is here. 1:40 starting in office, intros being done. Now Cody is presenting case. TV media left, no one from Herald. Sola's office nothing to say (that is elections). Sola's attorney said 20,000 votes already cast in early voting. 60,000 absentee. Ben Kuehne doing Flinn's defense. He is saying that early voters will be disenfranchised.
Judge asked Cody when he found out. Cody is now saying he didn't know till the day before he filed the suit. 1:55 Cody cross of elections representative. Judge asking questions too, now Kuehne. 2:04 Village clerk now up. Cody asked if she had gotten resign to run letter and she said no. Kuehne is asking if the election filing papers were publically available months ago on line. She said they were. 2:13: Cody referring to last night's meeting with clerk. Cody cross of Flynn. Flynn admits he has not submitted resign to run letter. He said however his term of office ends Nov. 6th. He was sworn into office Nov. 7 2002 and the village charter says he, or anyone serving in the village, cannot hold office more than 8 years. The county job doesn't begin till November 16th, Sorenson's last day. 2:32 Kuehne read from home rule charter which says you have 10 days to file a complaint. Cody did not file his complaint within 10 days of the filing. Cody was saying the charter was superceded by State election law which gave no time limit. Since we have home rule and this is a county office...the charter would apply said the other side.
2:30 closing arguments. 2:46 basically Cody is saying the terms overlap. Flinn's attorneys are saying they don't. Geller speaking now in rebuttal. Focusing on home rule charter. Manner to challenge is in the home rule charter and Cody didn't abide by that. Also, Cody had brought up the other case of Resign to Run. Geller is the attorney for that case and explained why this one was different. Kuehne now quoting from election law of resign to run -- it is not based on hypothetical occurrences. Cody again finishing up. 2:57 Now Kuehne is presenting asking village attorney about charter and village policy. Side note, Cody said something about the home rule charter and boasted I should know I wrote/developed this...the judge corrected him and said the name of the person who did write/develop whatever they were referring to in the charter. Everyone laughed. Kuehne asks the village attorney for her opinion on when Flinn's term expires. She believes the 8 year cutoff for the term applies. 3:08 Judge said he was taking it under advisement -- he said he was definitely NOT taking Flinn's name off the ballot. Done!! For those who need it spelled out this means Mayor Eugene Flinn is in the race for the remainder!