Pearce Recall Update: evidentiary hearing on ‘sham’ candidacy this Friday

Posted by AzBlueMeanie:

Judge Edward Burke denied a restraining order to keep "King" Russell Pearce's stalking horse candidate Olivia Cortes off the ballot last week, but an evidentiary hearing on the merits is scheduled for this Friday at 3:30 p.m.

And attorney Tom Ryan says he will call witnesses who will clearly demonstrate that Olivia Cortes is a "sham" candidate put up by Pearce supporters. Attorney: Witnesses will say Cortes candidacy in Pearce recall is a 'sham' – East Valley Tribune:

Attorney Tom Ryan said he has found new witnesses who he said will prove that Cortes knew from the start that she was a “sham” candidate, being put in the race solely to draw votes away from Jerry Lewis, the other challenger to Pearce. That would contradict Cortes’ own testimony last week that she decided to run after hearing an inspiring talk about the Constitution given by Greg Western in the Mormon church they both attend.

Ryan also said he will present evidence that those involved in Pearce’s own campaign were involved in helping Cortes. There were no such links presented last week.

* * *

Ryan refused to name the witnesses, at least at this point, or exactly what he believes they will say.

“Some of them are very reluctant,” he said, and might try to avoid being served with a subpoena.

“Others are going to be hostile witnesses,” Ryan continued. “I don’t want them thinking, ‘I’ve been warned and I’m going to get the heck out of Dodge.’ ”

* * *

Ryan said Tuesday that one byproduct of last week’s hearing was that others have come forward with information. And one of those pieces, he said, is about Cortes.

“I’m alleging that she knew what her role was, that was to be a shill and not to be a serious candidate, contrary to what she said,” Ryan said. And Ryan said he will undermine Cortes’ own description of how she got into the race.

“If you think that this whole process started with Olivia Cortes and going to Greg (Western) and saying, ‘I listened to you speak and I want to run against the most powerful man in Arizona,’ I’ve got a London Bridge I want to sell you up in Lake Havasu City,’ ” he said.

Ryan said witnesses also will show direct links between the Pearce campaign and the push for Cortes.

* * *

Ryan said he believes Burke has the power to declare her candidacy void, with notices placed in polling places and inserted into absentee ballots informing voters that she is no longer a candidate and that any votes for her will not be counted.

If Tom Ryan can actually get all of his witnesses to appear and to testify, this should prove entertaining. Bring the popcorn!

UPDATE: The attorney representing recall candidate Olivia Cortes has filed an emergency request asking the Arizona Supreme Court to halt the scheduled Maricopa County Superior Court hearing on Friday. Pearce recall: State's high court asked to halt Cortes hearing:

Attorney Anthony Tsontakis in his motion alleges that the Superior Court under Judge Edward Burke "has abused its discretion, acted in excess of his jurisdiction, and acted arbitrarily and capriciously in permitting further evidentiary hearings."

* * *

[T]he attorneys that filed the lawsuit requested an additional hearing, saying that they have new witnesses that can tie the Cortes campaign directly to Pearce campaign organizers. The attorneys have declined to say who those witnesses are, or what information they may have. Burke agreed to hear the additional evidence.

I do not have enough information from this sketchy report to determine on what basis Anthony Tsontakis is asking the state Supreme Court to intervene in a trial court matter. A trial on the merits of the case, which is what this evidentiary hearing is, typically follows the motion hearing for a restraining order. There does not appear to be anything out of the ordinary here.

UPDATE II: Stepehen Lemons at the Phoenix New Times has more. Russell Pearce's Sham Candidate's Lawyer Seeks to Stop Friday Hearing:

In his "emergency complaint for special action," Cortes' legal beagle argues that the underlying lawsuit is "more moot than the Arizona sky is blue," and goes on to criticize the lower court for having "abused its discretion" and "acted in excess of its powers" at several points in the legal wrangling. 

(You can read Tsontakis' complaint, here.)

* * *

[Plaintiff's attorney  H. Michael] Wright told me that there is a 2 p.m. telephonic conference today with the duty justice. 

[Plaintiff's attorney Tom] Ryan pointed out that the upcoming Friday hearing is not moot because Judge Burke did not grant Tsontakis' motion to dismiss the underlying lawsuit.

Tsontakis' emergency complaint is "unlikely to succeed," Ryan told me, and he predicted the Friday hearing will go forward as planned, but with one change: Burke is giving Ryan and Wright two additional hours, allowing them to begin the hearing at 1:30 p.m. instead of the previously scheduled 3:30 p.m.

UPDATE: Well, that didn't take long. "The Arizona Supreme Court will allow a scheduled Maricopa County Superior Court hearing into the legality of recall candidate Olivia Cortes' candidacy to go forward Friday." Pearce recall: Arizona high court declines to block Cortes hearing.