Justice Tentatively Served In Carol Rudat Case

I went to this morning's hearing on whether carpetbagging Orange Council candidate Carol Rudat would be removed from the ballot. It was an all attorneys show, as neither Carol nor Dave Rudat were there.

I arrived a few minutes late, as Judge James Gray was wrapping up his explanation as to why he was denying the writ to have Carol Rudat removed from the ballot. Basically, Judge Gray felt it was too late to remove her name from the ballot, because doing so would impact too many other elections and that consideration outweighed others.

Next, Judge Gray began discussing the matter of whether Carol Rudat actually lived in the Center Street bungalow, as he prepared to announce his ruling on whether votes cast for Rudat should be counted. It quickly became clear how Rudat had screwed up -- that Judge Gray would have ruled in her favor if she could have met just the minimum standard for proving residency.

"It is not difficult to prove residency," Judge Gray said. All that is need is a signed declaration from Carol Rudat and some supporting evidence such as a declaration from a witness, a water bill or a utility bill.

"Mrs. Rudat didn't do that, "Judge Gray said. He said her declaration was like a "campaign mailer full of emotional platitudes" and characterized it as being written "as if she's intentionally dodging the issue."

Ouch.

Judge Gray cited an axiom that he should find against the weaker evidence -- i.e. Rudat's declaration of residency -- and issued a tentative ruling that Carol Rudat's votes should not be counted, and offered Rudat the opportunity to request re-consideration of her delcaration of residency.

Mr. Burns, Carol Rudat's laywer, asked for a recess so he could have Carol Rudat come down and prove her residency. He said they didn't have enough time to respond to Phil Greer's filing the day before, since they had only received it at 4:30 p.m. That struck me as a hollow complaint, because Greer's filing contained nothing that was new (other than Corinne Schreck's statement) from Monday's hearing.

[Corinne Schreck own's the property next door to the Rudat's bungalow. She is there very frequently, because her son and daughter-in-law live in the back unit on the property. Still Judge Gray commented he didn't find her statement very strong because she doesn't actually live there].

Still, Judge Gray agreed to stay his ruling and asked Mr. Burns when he planned to come back to offer evidence to back up the declaration. At this point it was about 9:20 a.m. Mr. Burns said he could be back at 11:00 a.m.

Judging by the expression on Judge Gray's face, I was expecting him to tell Mr. Burns, "Your client couldn't provide evidence of residency during the 29 hours I gave her to do so, but you're going to somehow prove it in the next two-and-a-half hours?"

But Judge Gray witheld any comment he may have been thinking of making, and set the hearing for 4:00 p.m.

If Carol Rudat had any evidence to back up her declaration of residency -- such as a water bill with the Center Street address on it -- she would have provided it to the court. If she had done so, I doubt Judge Gray would have ordered her votes not to be counted.

It seems to me her only hope is to dig up a witness who will sign a sworn statement that Carol Rudat has lived there since April.

Comments

[rumor has it]

perhaps she did duck on the response because she does not want to perjure herself. What will she do at the 4pm hearing? I have been told there are more witnesses forthcoming to attest she did not move in on time. If Rudat perjures herself, does anybody know if she could lose her real estate license?????

[Very Interested]

Great Coverage Jubal...Thank you for the late breaking news. We are all on the edge of our seats...come 4pm.

Someone needs to check when Lynn Daucher established residency and if it also contradicts with her candidate filings.

How about you , Jubal?

[One Who Knows]

Jubal:

Re Anonymous @ 1:15 P.M.'s suggetion that you look into Lynn Daucher's residency, look no further than Elections Code Section 2026 which reads:

"2026. The domicile of a Member of the Legislature or a
Representative in the Congress of the United States shall be
conclusively presumed to be at the residence address indicated on
that person's currently filed affidavit of registration."

Members of Congress, or the State Legislature, can live anywhere they want.

[Rudat's Campaign is Over]

Dear Carol,

If the judge rules your votes don't count will you and your husband please remove your campaign signs? I hope you will at least show a little class on your way out of town.

I hope Rudat's name stays on the ballot without her votes being counted, that way people can vote for someone who can't win and hopefully demonstrate to the two top contenders (both of whom are idiots) that there support is thin.

[One Who Knows]

"I hope Rudat's name stays on the ballot without her votes being counted, that way people can vote for someone who can't win and hopefully demonstrate to the two top contenders (both of whom are idiots) that there (sic) support is thin."

This is nonsensical. If Rudat's votes aren't counted, how would the two top contenders know that their support is thin?

[Does anybody have strong support]

Lets remember, nobody really has strong support in Orange or any other city. Unless you can prove otherwise, most folks just vote incumbent, because the evil known is better then the evil unknown.

"Lets remember, nobody really has strong support in Orange or any other city. Unless you can prove otherwise"

Hey if you want proof, pay for your own polling, otherwise wait and see for your self like everybody else.

Jubal:

Re Anonymous @ 1:20 P.M. suggestion that "Members of Congress, or the State Legislature, can live anywhere they want".

1770. An office becomes vacant on the happening of any of the
following events before the expiration of the term

e) His or her ceasing to be an inhabitant of the state, or if the
office be local and one for which local residence is required by
law, of the district, county, or city for which the officer was
chosen or appointed, or within which the duties of his or her office
are required to be discharged.

Lynn office became vacant when she moved to her new domicile. Why does this not apply to her Mrs. Someone who knows or Lynn.

[One Who Knows]

"Why does this not apply to her?"

Read your own post. Has Assemblywoman Daucher ceased being an inhabitant of the state?

No.

Is an Assembly office "...local and one for which local residence is required by
law, of the district, county, or city...?"

No.

[crystal]

I hope this information could be useful,and if anyone could help shed light I would be greatful .

I’am a victim of psychiatric abuse its a crime, and in hospital I have witnessed the twisted mentality of mental health professionals such as abuse like punishing me with force drugging of antipsychotics , chemical restraints ,isolation for days at a time with in appropriate meals, and nursing staff threating me with anything they thought of and it just depends on how mad you got the staff that day. I never did anything out of control or did I get violent,yet I was just standing up for patients rights and making my argued opinions in result I would get tortured with over dosing of forced antipsychotic drugs. I have even witnessed nursing staff murder a co-patient and it was sickening,frustrating and very sad part of my life. I also have a young friend who got an E.C.T done and it has completly fried his memory. after the reinforcement of drugs I have had tremors symtoms of N.M.S head pains, heart cardiac pains,weight gain ,dizzyness and sleepiness all caused by side affects of antipsychotic drugs. I suffer each day with the symptoms and I don’t think I will live that long on psychiatric medication its deadly look at the statistics if anyone can help me with this prosectution I would appreciate all the help I can get please I can name a few people who were responsible for the murders of some people:
Dr. David Cochrane (psychiatrist)
R.N: Mark Samuel ,R.P.N: Sandy ,Robb

All this took place at the Northeast Mental Health Center abbreviated N.E.M.H.C use to be called the north bay psychiatric hospital
P.O. Box 3010 4700
Highway 11 N
North Bay, ON,CA
my hope is that someone will help me prosecute and bring this to justice

[Nance]

Mark Samuel, Nurse Sex Offender Convicted
On Sept 8,2005 RN:Mark Samuel was sentenced to five years in Jail with all but two years suspended,having been convicted in January 2004 of unlawful sexual contact with a 6 year-old girl . Mark Samuel counseled the girls mother. when the counseling ended , the three became friends attending family fuctions together. The violations occurred during sleepovers at the Nurses residence during the summer of 2003. Mark Samuel has been released from prison and is now at risk to the community of North Bay Ontario Mark Samuel emyployed 2007 for Assertive community treatment Team North Bay, ON
Northeast Mental Health Center
P.O. Box 3010 4700
Highway 11 N
North Bay, ON,CA