No Joy in Mudville–Jay Hupp prevails in Recall Hearing

Commissioner Jay Hupp outside Courtroom for his Recall Hearing

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Unfortunately, mighty Casey (the current recall petition against Jay Hupp) has struck out. The petition was badly written (intent is a core requirement) in its allegations, opined Judge Pomeroy.  Mr. Hupp had a very accomplished attorney, Mr. Meyers.  And I found myself guessing beforehand the decision would be confounding.

Having filmed the proceedings, I’ll post the video and stills I took as soon as I finish editing them.  The main courtroom where the hearing took place was packed with advocates from both sides of the issue and Mr. Hupp.  The attorneys and the Judge admitted they knew little or nothing of the merits beyond the allegations in the petition itself.  But the ruling in Mr. Hupp’s favor doesn’t preclude future better written recall petitions.

The Judge refused to find cause to enter Rule 11 sanctions against the Petitioners.  Rule 11 is reserved for those who file frivolous or specious lawsuits…basically SLAPP (intended to annoy or harass) lawsuits.  Judge Pomeroy found the lawsuit was filed in good faith.  She didn’t keep the courtroom crowd waiting…she ruled immediately after both sides had completed presenting their case.

Leonard Hunter in the Courthouse hallway

I will continue to engage, to the best of my ability, in Gonzo journalism (bless Hunter S. Thompson) while pursuing this issue.  I was confronted by Leonard G. Hunter in the Courthouse, who objected to my taking stills of the scene (including him) in the 2nd floor hall outside the main courtroom.  Mr. Hunter repeatedly approached me and held his hand or hat up to my camera while demanding I stop taking shots.  I refused and informed him of my 1st Amendment right to record the events, including him, in a public space.

Leonard Hunter intimidating a photographer in the Courthouse

After filming the hearing, I approached Mr. Hunter on the 1st floor of the Courthouse and informed him this photographer was not going to be dissuaded from capturing public events on film/video, including his image, or exercising 1st Amendment rights.  He vowed he would find a way to do so.  Mr. Leonard G. Hunter is the owner of the Lynch Creek Floral shop in Shelton.   More on this story as it develops.

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