21 Nov, 59 tweets, 9 min read
SHARPIEGATE 2: Sterling coverage of Friday's trial by the unparalleled @tomryanlaw

MUST READ live-tweeting

(Threading for inclusion in article at bit.ly/AZlaw1112)
Ok, on line with the Sharpiegate hearing.
"Covid 19 had a significant impact on how we prepared for this election. Encountered significant issues with poll workers cancelling in the March Primary election. Went from precinct voting model to voting centers model."
Each ballot is identified with the voter's precinct, but the voter can drop it at any voting center, and when it is tabulated, it will be identified with the voter's precinct regardless of what voting center the voter uses.
Scott Jarrett, Maricopa County Elections Director is testifying on the accuracy of the tabulator machines. Kinda like Sherman's March through the South. "The night they burned Kolodin down, and all the voters were singing."
Alex Kolodin is the Rudy Giuliani of Election law lawyers.
"We will pass judgment on it after it is played," says Kolodin. "That's not how this works Mr. Kolodin. I can't play it and then let you decide. Do you have an objection?" "Yes, your honor lack of foundation." "What foundation is missing?"asks Judge Mahoney. "I don't know." Oof!
"Overruled" says the judge, smug in her omnipotence. "But your honor" whimpered the woefully ill prepared plaintiff's attorney.....
Mr. Kolodin is providing a textbook example of how NOT to raise a lack of foundation objection.
The County's training video is now in evidence and being played for the Court.
Technical difficulty playing the instructional video. Ah, the joys of televideo trials.....NOT!
Very detailed stuff about how ballots are accepted/rejected by tabulator machines. It's definitely not Boston Legal. Well except for Judge Mahoney's Boston accent....
Court is on a 15 minute break..... We will be right back with the latest and greatest from Sharpiegate! Stretch your legs. Freshen up that coffee. Much like the Terminator, "I'll be back."
Kolodin asks if he can take Aguilera out of order, and put off Jarrett's cross examination later. County declines. Kolodin explains Aguilera has work this afternoon. Sounds like someone should have taken the day off if this is such an important issue to her. Judge coming in now.
Judge "I fully expected Ms. Aguilera to be here the whole time. She brought this suit. Maybe this would have been a good day for her to take the day off." How the hell do you not have your client off and appear in Court for her hearing for the full time of the hearing? Oooof!
Kolodin fires off with another "OBJECTION FOUNDATION!"
Judge: "Identify the missing foundation, please."
Kolodin: "This is a technical question."
Judge: "Overruled. you can cross him on it if you want to."
from Kat C

“Definitely alert the court if your client isn’t available for the trial next time, Mr. Kolodin.” - Judge Mahoney.

I feel bad for anyone who chooses Kolodin for their co-counsel. He sounds like that classmate who doesn’t do their part of the project.
Kolodin is turning into a One Trick Pony - Objection! Foundation! Can someone get him a subscription to the Arizona Rules of Evidence. There are so many other objections to choose from.
Hearsay! A new one! Someone must have finally cracked the Rules of Evidence book. Lack of relevance and not probative! More new objections! "I simply don't have anything more intelligent to say on this."

Shock! Objection overruled!
It reminds me of the great scene in My Cousin Vinny where Marissa Tomei tells Vinny "It's called disclosure, Vinny! If you've been reading these books you'd know that."
I am beginning to suspect that plaintiff's counsel in Sharpiegate is a proud graduate of the Barbazon College of Beauty and Legal Careers......
There are definitely some strong overtones to the Olivia Cortes sham candidacy during the Russell Pearce recall election......
A quick refresher on Olivia Cortes...
Best DM of the day re: Sharpiegate: "I am not a lawyer, but I slept with one at a Holiday Inn Express last night!" High voltage signFireCollision symbol
At last, the piece d' resistance: Ms. Aguilera is called to the stand! Let the Sharpies begin! Release the Kracken!
She's an escrow officer. 20 years. (Someone tell her attorney not to keep repeating her answers.) Learning a lot about escrow work, because, heck, it will help us all understand Sharpiegate.
Asking questions about how Ms. Aguilera got to the precinct. Because again, it will help us all understand Sharpiegate.
Someone please clue in Mr. Kolodin that this is not the first witness to a murder scene.
tag, you're it dude!! It's literally in your name!!
Here is the crux of the claim: (1) she input her ballot, and tabulator kicked it out; and (2) poll worker suggested she reinsert it and the tabulator accepted it.
Kolodin wins his first evidentiary skirmish. Two poll workers, unidentified and nameless, said "Huh! Looks like we have a problem here." He overcomes a hearsay objection.
Sharpiegate attorney Kolodin trying to admit a photograph of a ballot. That is illegal to take photos of completed ballots. ARS Sec.16-515(g)&(h).
G. Notwithstanding section 16-1018, a person may not take photographs or videos while within the seventy-five foot limit.
H. Any person violating this section is guilty of a class 2 misdemeanor.
Court in recess so that Sharpiegate lawyer can advise his client of her Miranda rights. I'd love to be in the corner for that one!!!
My Poop emoji won't work right now. But if it did........
Back in session. Kolodin withdrew the illegally obtained image of a completed ballot. Probably the best legal advice he has given Ms. Aguilera through this whole process! Exhibit 19 is withdrawn.....
Understanding that you must first move for admission of an exhibit before displaying it seems to be a tough concept....
The Kolodin Klown Kar keeps rolling along......
Kolodin is done with Ms. Aguilera. County Attorney "No questions your honor." A nice way of saying "I got no further use for this witness, your honor."
Ms. Aguilera is done as a witness. Now we are in lunch recess. When we come back - blockbuster of a witness coming up: Mr. Aguilera!!! Go grab your baloney and cheese sandwich, wash it down with a Coke. When you comeback make sure you have your fire retardant asbestos suit on.
Sharpiegate is back in session! (I have to cut out just before 2 p.m. for, you know, my own legal work. You'll just have to wonder how this all turned out....)
Back in session. Discussion over who has how much time left. Not surprisingly the sides disagree.
Hey, getting retweeted by @Popehat is pretty damn cool!!
So we established that he voted, that he didn't keep an eye on Mrs. Aguilera at all times, and his ballot was counted. All of five minutes on the stand. No cross examination from any of the defendants or intervenors. He is dismissed. Why, oh, why was this witness called????
Next Sharpiegate witness in the dock. "Let's start with this. Mr. Garbino what is your name?" .....
Aaaand we have a winner! I'm not even waiting until this hearing is over! Good going Gus!!

Gustavo Litovsky @agusnox
“I don’t always sue in court, but when I do, I submit proof committed a crime” twitter.com/tomryanlaw/sta
Mr. Drobina - one of the plaintiffs in this case - has been established as a very careful voter when filling out his ballot. More hearsay of an unnamed and unidentified poll worker. The tabulator accepted his ballot. No evidence his ballot was not tabulated. What a waste....
Lengthy battle over the admission of Plaintiff Drobina's unsworn declaration. Withdrawn. Which raises the question: why was it offered in the first instance when you HAVE THE WITNESS ON THE STAND, UNDER OATH, AND ABLE TO TESTIFY?!?!?! Sheesh! Direct exam ends. No cross ex.
He will be when this Judge gets through this hearing and begins considering sanctions for frivolous litigation....

@PencilBloke · 6h
Replying to @tomryanlaw
He's the defendant?
The dock's where the defendant sits.
Kolodin just confused his witness Mr. Banco, for his client Mr. Drobina. And who amongst us hasn't made that mistake during the middle of a high profile trial before?
Mr. Banco now testifying election day problems with tabulator machines at his location.
Mr. Banco now on cross-examination. Brief redirect. No damage done to the County with this one.
Yes. You are correct. But what do you expect from a simple civil trial lawyer.

@Byronicgyro1: It would be more accurate to say that the lawyer was reminding their client of their right against self-incrimination. Miranda isn't the protections themselves so much as the precedent
Shapriegate law tigers now calling an expert witness: William James Sneeringer. Let 'er rip!
Retired software engineer. And from the sounds of his voice, he is an Octogenarian and then some....
Dr. Sneeringer is familiar with a software system that is NOT involved in this case.... Lawyer arguments ensue.
Judge is pointing out that Sharpiegate Expert Witness has never evaluated the system. In recess for the next 15 minutes. Judge Mahoney is demonstrating incredible restraint over this nonsense.....
I'm trying to understand how these Sharpiegate lawyers can stand there knowing that they have absolutely zip, zilch, zero, nada. It's like having to recite the Pledge of Allegiance in your whitey tighties in front of your 5th grade class.
Had to step away from the trial as I have a 3:30 conference.
Please unroll this evisceration, o' great @threadreaderapp

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More from @arizonaslaw

20 Nov
Thanks for GREAT coverage of this unreal "Sharpiegate 2: The Disaster" trial.
Dr. Sneeringer is still here, and Judge Mahoney is trying to referee his knowledge of a different voting system than the one used.
Dr. Sneeringer: "I know the industry."

Judge Mahoney DISALLOWS the witness. Expert, gone.
Read 31 tweets
12 Nov
UPDATES on Trump campaign's Arizona election irregularities lawsuit:
Parties arguing a Secy/State motion to remove the Trump campaign's declarations from persons submitted online.
Judge Kiley removes GOP's "Don't touch the green button" online declarations from evidence - the party solicited them online & on conservative media. The attys eliminated "spam" and others. Judge notes that means the solicitation process was unreliable.
Read 59 tweets

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