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Re: Judge in Lopez Case Admits to Being Chronic Procrastinator
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Home away from home
 
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What court is this in? Federal, state, or local?
Posted on: 2009/12/4 17:34
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Re: Judge in Lopez Case Admits to Being Chronic Procrastinator
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On November 17, Judge Maurice Gallipoli said he would rule on Jersey City Councilwoman Nidia Lopez' residency "in about two weeks." Today marks the end of the third week since that statement. That statement followed his original pronouncement on Monday October 26 that he would rule "by the end of the week."
Judge Gallipoli - will you please, pretty please, rule on this important matter? Similarly, did I miss the results of the Jack Shaw inquiry? Four months have passed and I haven't seen or heard anything about it.
Posted on: 2009/12/4 17:21
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Home away from home
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What I can not fathom is prior to the election, why were these facts not checked. It just baffles me. Were we all blind or is this just another example of JC politics. If she is not paying Jersey taxes and listed herself a resident of Florida then stay in Florida. I do not care if her husband works for Hudson County. He did not run election. Wonder where he filed his taxes?
Posted on: 2009/11/18 1:20
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Re: Judge in Lopez Case Admits to Being Chronic Procrastinator
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PBW: I'll bet another beer the decision is announced late next Friday - the day after Thanksgiving.
Posted on: 2009/11/18 0:12
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Re: Judge in Lopez Case Admits to Being Chronic Procrastinator
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Home away from home
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First off. The JJ has sloppy writing:
"Superior Court Assignment Judge Maurice Gallipoli said today BE plans to issue a decision in about two weeks." "Norrice Raymaker, who ran unsuccessfully against Lopez in May, FILES the suit against Lopez" The second one I went to the JJ website to make sure it wasn't a caption. Back to the issue at hand: "Lopez has not paid New Jersey income taxes in at least three years, but filed federal taxes in Florida during that time. Florida does not have a state income tax." I think that should some it up. Plus all her clothes are there. "She belongs to Iglesia Presbiteriana Nueva Esperanza church on North Street in Jersey City; has sought medical attention in and around Jersey City; and her husband Ben Lopez works for Hudson County." First off, I believe can you seek medical attention anywhere and not have to be a resident of that town. If that were the case, there'd be a lot less vacations in the world. Second, there are plenty of people here in JC that work in Manhattan. Doesn't mean they are NY residents, and the same go for their spouses. (and Hudson County ISN'T necessarily JC) Lastly, if her argument hinges on church membership, I think she's in trouble. But I would bet anyone a beer she keeps her seat somehow. How come it will be two more weeks? Thanks Diana for the post clearing a few things up.
Posted on: 2009/11/17 22:32
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Judge in Lopez Case Admits to Being Chronic Procrastinator
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Home away from home
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Judge to rule on Jersey City Councilwoman Nidia Lopez' residency
By Melissa Hayes/The Jersey Journal November 17, 2009, 4:07PM Nidia LopezReena Rose Sibayan/The Jersey JournalSuperior Court Assignment Judge Maurice Gallipoli said he would rule on Jersey City Councilwoman Nidia Lopez' residency in about two weeks.Jersey City Ward C Councilwoman Nidia Lopez should know in two weeks whether she can keep her council seat. Superior Court Assignment Judge Maurice Gallipoli said today be plans to issue a decision in about two weeks. Lopez took the stand Oct. 26 to defend her residency during a one-day trial before Gallipoli. Norrice Raymaker, who ran unsuccessfully against Lopez in May, files the suit against Lopez. Raymaker finished third behind Lopez in the council election and contends that Lopez' primary residence is in Florida and therefore should not be allowed to serve in Jersey City. Lopez has not paid New Jersey income taxes in at least three years, but filed federal taxes in Florida during that time. Florida does not have a state income tax. Lopez said she has lived in Jersey City since at least 2001. She belongs to Iglesia Presbiteriana Nueva Esperanza church on North Street in Jersey City; has sought medical attention in and around Jersey City; and her husband Ben Lopez works for Hudson County. Lopez' attorney William Northgrave declined to comment on the Gallipoli waiting so long to rule on the case. Diana Jeffrey, an attorney representing Raymaker, said she is awaiting the decision. "I have confidence the judge will render a fair decision based on the law and evidence," she said. http://www.nj.com/hudson/index.ssf/20 ... ule_on_jersey_city_c.html
Posted on: 2009/11/17 21:58
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Quote:
Posted on: 2009/11/15 0:20
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Newbie
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I have read the speculation regarding what would be the remedy should Ms. Raymaker prevail in her election contest petition filed against Nidia Lopez a/k/a Nidia Boehringer. For purposes of clarification, neither Ms. Raymaker nor any candidate or potential candidate have the ability to request a specific remedy from the court. The remedy is preordained by applicable statute and case law. Any speculation therefore that Ms. Raymaker will request a remedy that would position her advantageously is misplaced.
Ms. Raymaker intervened in this suit to protect the rights of the electorate of Ward C. Her interest was and remains to to ascertain the truth about Ms. Lopez's eligibility to serve as councilperson. In fact, the suit has enabled the voters to learn quite a bit about not only Ms. Lopez's eligibility, but also about her character, her competence, and her ability or willingness to be truthful, forthright and transparent. Like many of you, I look forward to receiving the court's ruling. I have confidence that whatever the outcome, the court is being guided by the law and the evidence as presented, and will order the appropriate remedy as dictated not by the parties but by the law. Diana H. Jeffrey, Esq. Co-counsel for Norrice Raymaker
Posted on: 2009/11/14 18:38
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Re: Testimony Finished in Lopez Lawsuit
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i would hate to have a one sentence decision after all this bruhahha ...
perhaps he knows what the decision is, but getting there may not be as straightforward as one would hope.... what is really bothering me is the 4k legal bill .... for that, i would not even be able to have a decent lawyer pick up the phone to answer a simple question .... and even if she is found to be ineligible to sit for the election, there is always that pesky thing called appeal ... and with the speed the our legal system deals with cases, it may be a few years before this whole thing finds its way through our courts ... perhaps that is her strategy .... do as little as possible until the next election cycle arrives ...
Posted on: 2009/11/12 23:38
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Re: Testimony Finished in Lopez Lawsuit
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Home away from home
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Gotcha. I think, since someone said they were asking for a special election with only the candidates from the last election, that I inferred the judge had more latitude there. I don't know the law that well. (except since there is an open container law, that probably means I can't have an open beer in a state park). If it's just a matter of looking at the evidence presented and deciding, what gives?
Posted on: 2009/11/12 22:26
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Re: Testimony Finished in Lopez Lawsuit
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I don't think he has any latitude. I think the scope of his deliberations is limited to whether or not she was eligible to run for the seat. If he determines she wasn't then the law provides for remedy which, I believe, goes:
- She vacates the seat. - An election is held within 50 days. - Candidates for the seat are limited to those who ran the first time around (according to previous posts in this thread. I haven't seen anything that backs that up, nor have I looked for it myself.) Quote:
Posted on: 2009/11/12 19:03
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Re: Testimony Finished in Lopez Lawsuit
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Home away from home
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I'm "hoping" it's taking so long because the judge does find her in the wrong, but is trying to figure out what the punishment should be, i.e. recommend she keep her seat, fine her, hold special election, let council pick someone, etc...
Posted on: 2009/11/12 18:23
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Re: Testimony Finished in Lopez Lawsuit
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For real real. It's the responsibility of the parties to present evidence to the court. The court will only consider the evidence presented, either through testimony or documentary evidence presented. That's it. Social studies fail.
Posted on: 2009/11/12 17:22
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Re: Testimony Finished in Lopez Lawsuit
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Home away from home
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The "court" may be checking claims? Since when do courts conduct their own investigations? Grounds for a mistrial right there.
Posted on: 2009/11/12 17:00
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Re: Testimony Finished in Lopez Lawsuit
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Home away from home
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The court may be doing some investigative probing before a decision is given like checking the airline's passenger list for the past couple of years to counter her claim she only went so often, interviewing neighbors in Orlando and the Sentinel reporter who interviewed her at the Orlando home and to whom she stated she lived there because "all my clothes are here".
Posted on: 2009/11/12 15:44
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Re: Testimony Finished in Lopez Lawsuit
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Home away from home
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Perhaps he is waiting for an envelop from
Team (Corruption) Healy Quote:
Posted on: 2009/11/11 20:29
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Home away from home
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Two things-win or lose, this political whore will be allowed to use the funds because this is civil, not criminal.
Also, $4K for legal fess is incredibly low, given the time that must've been expended. If she wins, she'll be giving them a huge city retainer. Can you spell kickback? She can in two languages! Everyone get ready to chant-Viva la puta!
Posted on: 2009/11/11 12:59
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Re: Testimony Finished in Lopez Lawsuit
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The last paragraph of the first article:
"An official at the Election Law Enforcement Commission said Lopez is allowed to and should be using campaign funds for the election-related lawsuit." I wonder if the Election Law Enforcement Commission official was making a personal assessment or citing actual policy/law? "Should" seems a little strong (although that could be a misinterpretation by the reporter.) I agree that if Lopez wins the suit then this shouldn't really be an issue. But what if she loses?
Posted on: 2009/11/11 12:57
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Re: Testimony Finished in Lopez Lawsuit
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Jersey City councilwoman paying lawyer with campaign funds
N.J. Supreme Court hears arguments on officials using campaign funds for legal fees
Posted on: 2009/11/11 11:30
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Re: Testimony Finished in Lopez Lawsuit
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Quote:
The back end of "later this week" was Oct. 30. It is now November 10. Hello Judge Gallipoli? The election is over. It's safe to speak now. Judge Gallipoli? Hello?
Posted on: 2009/11/10 16:50
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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But is that the position taken in the civil suit, i.e. the relief they are asking for?
Posted on: 2009/11/6 2:01
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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a little too much speculation.
there should be no restriction in a special election to only those who were on the May ballot. the objective is to determine whether Nidia Lopez met residency requirements to be on the ballot. if not, she should be removed from office and a special election held to fill that seat. any Ward C resident that meets the rules and signature thresholds for special elections should be placed on the ballot and have the opportunity to make their case to represent their Ward. I admire Norrice's courage to step in and pick up this lawsuit to fight for Ward C. I believe she would make an outstanding council woman, however, that is up to her Ward C neighbors to decide. here is hoping that a decision is rendered shortly.
Posted on: 2009/11/6 1:58
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Home away from home
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Ohhhhhh, okay. Just because that is the injunctive relief being sought by an interested plaintiff doesn't necessarily mean that it's an outcome supported by statute or case law. No harm in asking, of course, but just because that's what they're asking for doesn't mean there's necessarily any legal basis to give that to them, or that Judge Gallipoli is limited to grant them the relief exactly as asked for.
I think the way it was reported a few posts back is misleading. There may be precedent or specific statutory law providing for what to do in this (hopefully rare) circumstance, but it's just as likely that there isn't, and that the Judge has to fashion the relief (if any) as best he can from the authorities cited. It's an unenviable position for a judge to be in, as he essentially has to show his math and issue his decision in such a way as to withstand appellate review. If this is indeed the relief sought by Raymaker, I am sort of saddened by that. It's one thing to ask for Lopez to be removed, and to hold a special election. But under the circumstances to limit the field of candidates to position yourself, the third-place finisher, at the top of the heap, and to ask for an election under such circumstance to be for a full term until 2013, is a pretty ballsy overreach imho.
Posted on: 2009/11/3 19:50
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Just can't stay away
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It would appear - if Ms. Lopez is deemed ineligible to have been a candidate in the May 2009 municipal election - that the rationale is a legal "do-over," resetting the electoral clock. And, if so, only those candidates who had participated in the original contest would be on the special election ballot.
Judge Gallipoli - if voiding Ms. Lopez's eligibility as a candidate - would concurrently void the May 2009 election for Ward C. The apparent remedy (for the "original" Ward C candidates, as well as the Ward C voters) is an election as "should have happened" in May 2009, all ineligible candidates now removed from the ballot. Brighter, more agile minds can hopefully provide the statutory citation governing a special election, in this circumstance. My understanding is drawn from reading the original action brought by Mr. King, and later joined by Ms. Raymaker - that is the injunctive relief being sought - and the courtroom statements (and precendents cited) by the lawyers. All in all, a messy situation.
Posted on: 2009/11/3 19:32
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Just can't stay away
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Is there still the chance that she will step down before a decision is reached, and then Healy will be able to appoint someone? Or once this went to trial the judges ruling would dictate the decision?
I'm starting to think that she is going to get to keep the seat. it is going to hinge on what is the actual legal requirements to determine residency. It doesn't seem like having a drivers license makes the determination. Furthermore by her paying back FL it also seems to point that she is a "resident". I'm not saying she wasn't trying to duck the system, but I'm going bet she stays in office. Lastly who is paying for her attorney? Is she footing the bill or is this coming off of our backs?
Posted on: 2009/11/3 18:36
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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I, too, would be curious to see the statute. What if Lopez had run unopposed?
Does it seem as though Judge Gallipoli's decision was intentionally deferred until after the election? I could understand the rationale for doing so, just wished he hadn't said he'd rule by the end of last week if that was the case.
Posted on: 2009/11/3 18:09
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Home away from home
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Interesting. Any idea what's the authority, statutory or otherwise, for the 50 day special election and limiting to only candidates on the original ballot? While I personally think Lopez should not remain in the Ward C seat, based on all I've read, I don't know that it's necessarily the "fairest" (whatever that means) outcome that the challenger, here Raymaker, essentially gets a shot at a full-term for coming in third. There are plenty of disenfranchisement arguments to be made about such an outcome. I could see the 50-day/limited to original-and-eligible candidates special election being in effect for an interim seat until Nov. 2010, but this seems to be quite a reach.
Posted on: 2009/11/3 17:54
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Just can't stay away
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As noted in IWitness' most-recent post, this is a civil matter. That said, if Judge Gallipoli rules against Ms. Lopez, the May 2009 election will be voided, and a new Ward C election will be scheduled within 50 days.
And here's where it gets even more interesting: only those original candidates who were on the ballot in the May 2009 election are allowed to participate in this new special election. Six were on the May ballot, but only four of them would be qualified to run this time. [Ms. Lopez would be ineligible; Mr. King pled guilty to corruption.] Had Ms. Lopez resigned instead, before the trial, the same procedure for filling a Council vacancy would have been implemented for a Ward C opening as was just orchestrated for Ward B, with Council self-selecting (or self-approving) an interim replacement. By allowing the matter to go to trial, Ms. Lopez (and the HCDO) have run the risk of losing both the seat and the direct power to appoint a replacement. Now, according to Ms. Raymaker's attorneys, the rules will be different (if Judge Gallipoli finds against Ms. Lopez): a special election would follow, within 50 days; only the pre-existing, May 2009 candidates would appear on the new ballot; and the winner would serve until June 30, 2013 (the full term). Again, if Ms. Lopez is declared as having been ineligible, the May 2009 election will be voided, as if it never happened. The plot thickens.
Posted on: 2009/11/3 17:26
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Home away from home
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Quote:
a.) This lawsuit is a civil suit, not a criminal matter. As far as I understand it from the reporting on the case, Lopez faces no criminal penalties from this suit. Raymaker (and King before her) are seeking equitable relief, not prosecuting a criminal matter, which would be handled by the County prosecutor in criminal court, or maybe tax court. Might the outcome of this civil suit have an impact on potential future civil or criminal matters against Lopez? Sure. But that's not what's going on here, so anybody sitting back waiting for some kind of "guilty" proclamation or looking for Lopez to be sentenced should modify their expectations. b.) Sentencing in a murder case is a whole other ball of wax, which comes after a jury has convicted somebody of guilt beyond all reasonable doubt. Courts are permitted lattitude to consider a number of factors in determining an appropriate sentence, but only after the entry of a guilty verdict. Again, keeping in mind the distinction between civil matters and criminal matters, bench trials versus jury trials, the different burdens of proof (preponderance of the evidence versus guilt beyond a reasonable doubt), the actual determination of the fact-finder is supposed to be free of all outside influences, and limited to the evidence presented at trial. That's why we sequester juries in high-profile cases. c.) T-Bird: one need not go as far as Texas to find elected benches - just hop on the PATH train to NY. What a mess.
Posted on: 2009/11/3 14:59
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Re: Jersey City Councilwoman Nidia Lopez a Florida Resident?
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Regardless of what he/she is allowed to consider, I'm glad you wrote. Question: How come they are not allowed to hear opinion here, yet when murderers are sentenced, victim's family members are allowed to say how their lives are affected. Not that I want to compare murder to misdemeanors. I think if there's a murder a judge could assume the family is distraught. Back to the topic. I think she should be held accountable and resign/be dismissed, but it's not gonna change the council. They'll just appoint another Healy lackey. Actually, in this whole thing, I'm more surprised/disappointed in the Team Healy for not vetting her properly. But on course, half of the campaign was probably meeting in diners with Dwecks and the like insteading of working.
Posted on: 2009/11/3 14:26
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