Russell Pearce Recall: Lawyers File Emergency Motion to Delay Judge's Ruling (w/Update)

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oliviacortes.com
Will Judge Burke delay a decision in the Cortes case? Stay tuned.

UPDATE: Judge Burke has just ruled thrown out the complaint, despite this 11th hour effort by Wright and Ryan. Will post decision shortly.

UPDATE 2, 1:30 PM: You can read Burke's ruling, here.

CORRECTION: The judge denied a request for a temporary restraining order. The lawsuit is still alive, though Cortes will remain on the ballot.

With local reporters and politicos on tenterhooks awaiting Judge Edward Burke's ruling in the lawsuit aimed at throwing recall sham candidate Olivia Cortes off the November 8 ballot in Legislative District 18, attorneys Tom Ryan and H. Michael Wright have filed an emergency motion seeking to delay Burke's decision until more evidence can be introduced.

"Because of the publicity from [Thursday's] hearing, people have started to come forward," explained Ryan, who along with Wright brought the complaint on behalf of an LD 18 voter. "We're getting closer and closer to the Pearce camp and Querard."

That's state Senate President Russell Pearce, of course, the man being recalled, and Constantin Querard, the Republican political operative many believe to be behind Cortes' diversionary candidacy. 

Querard heads up the independent expenditure fund Arizona Deserves the Best, and he spearheaded the review of the petition signatures submitted by Citizens for a Better Arizona, which forced the recall.

Burke announced after Thursday's hearing that he would rule today. This, after testimony from Cortes and various die-hard Pearce supporters who helped circulate nomination petitions to put her name on the ballot. 

In that same hearing, a paid petition circulator from the company Petition Pros testified that the purpose of Cortes' candidacy was to pull votes from Pearce's main rival Jerry Lewis, leaving Pearce the victor. Though Pearce's supporters denied this was the case.

I'm trying to get a copy of the motion from the court, and will post it if and when I do.

More on this developing story as I get it.

UPDATE: Judge Burke has just ruled thrown out the complaint, despite this 11th hour effort by Wright and Ryan. Will post decision shortly.

UPDATE 2, 1:30 PM: You can read Burke's ruling, here.

CORRECTION: The judge denied a request for a temporary restraining order. The lawsuit is still alive, though Cortes will remain on the ballot.

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28 comments
VOrtiz
VOrtiz

I think white's on both sides are trying to keep a good latina from getting elected. We need to stick together and cast the Hispanic vote all for Olivia Cortes! Even if she doesn't win, we need to show solidarity with our votes for Cortes!

Oblivious Cortex
Oblivious Cortex

The New Times has really fallen down on the job with this story.

I don't mean the Lemons coverage.  I mean the "Ask A Mexican" column.

We still know nothing about Olivia Cortes.  And all of these Mexicans know each other, so I'm suggesting New Times readers  ask M B Sanchez about Olivia, every time he comments in her defense.

Like, how did Olivia get her green card in the first place?    Is she a loyal conservative Republican because she benefitted from the Reagan amnesty?  Did she marry an American just long enough to qualify for citizenship?  Does she still vote in Mexican elections?

ExpertShot
ExpertShot

It doesn't matter, she's on the ballot, a Judge said she was a valid candidate and unless they appeal to a higher court, that's the decision.  The point of the whole recall was to remove Russell Pearce as Senate President.  The point was NOT to remove him as senator for LD18.  No one filed recall petitions on him until he started having enough power to actually get his initiatives passed.  Whether Lewis or Cortes wins is not the issue - if they lose, Pearce will remain senate president.  I don't give a hoot if LD18 has effective representation or not - Lewis or Cortes, either one will do.  But if both stay on the ballot, Pearce WILL win.  Certainly he will have a greatly increased chance of winning.  Jerry Lewis should bow out NOW!!!!  He should do so while this issue is still before the courts and if Cortes also bows out the Court can call the election fraudulent because of the tea party actions in getting Cortes on the ballot.   If she stays in she will win.  In a one-on-one race it will be close but in a three-way it will be hands down Pearce.  Keep your eye on the prize - removing Pearce as Senate President.

the bookchuck
the bookchuck

On an even more positive note, it appears that all of the the illegal (lacking the required 'fine print' attribution and containing the ripped-off "Si Se Puede" slogan) Cortes signs in Mesa have been removed, as of today. I would assume that this was done by the City of Mesa, showing that at least one department within the city government has the cajones to enforce the law.

Tommy Collins
Tommy Collins

It's my understanding that Mesa removed the Cortes signs last Friday after her testimony on Thursday that she didn't know anything about the signs. If signs are posted by the candidate they don't have to say who paid for them. Since this is not the case and no one claimed to have paid for the signs, they were removed as being in violation of election law posting requirements. I haven't heard about anyone rushing to Mesa to claim and re-post the signs. It may be that the pearce camp simply feels they have already done enough damage to the pearce campaign and there is no value in spending any more time and money to have them put back up. Now, the campaign is taking a new path and trying to paint pearce in a cleaner light and that tactic seems to be failing, as well.

Conservative American
Conservative American

I will say one thing, Cortes has bigger testicles than Russell Pearce.  She has been exposed, HE has been exposed.  Get the message out, send this racist white trash hillbilly home, vote him out, goodbye Russell, go back to 1960.

Jagv051465
Jagv051465

OH,come on,nobody is going to vote for a sack of rocks,no even Latinos even if the sack of rocks name is Cortez.

Lazik11
Lazik11

The point of the whole endeavor was to expose Cortes for what she is.  The media FINALLY picked up the story and shed sunlight on the cretins.  Let her be on that ballot. Let it be a reminder of Pearce's corruption to everyone when they get in that voting booth.  Cortes name is now synonymous with Pearce to everyone in LD18 now.

maxparraz
maxparraz

HAHAHAHAHAH!!! LOSERS ! LOL

Jason
Jason

Even if Cortes is allowed to remain on th eballot, Lewis will still win.

Pearce is, simply put, a FAILURE. Just like you.

Bnbk
Bnbk

Back again My Bitch Sanchez ? This battle is far from over My Bitch Sanchez, celebrating a bit prematurely,don't you think ?

maxparraz
maxparraz

who cares? of course Cortes doesn't stand much of a chance, but at least she won the RIGHT to be a candidate, something you liberals wanted to deny her!

Guest23
Guest23

You really are a moron. The point of any of this was never to deny cortes any rights, just to preserve the integrity of an election process that pearce has shit all over. Mr. or Mrs. Bitch sanchez, whichever you are, you simply do not seem to have an ounce of integrity within you. Sad to think if you have/had children that they would grow up thinking you are an example to emulate.

Fed up in LD18
Fed up in LD18

No, nitwit. That's a wishful wet dream on your part.  Even the judge saw that Cortes was being played for a sucker by Pearce. If she were a legitimate candidate, no one would have a problem with her candidacy.

The wisest thing she could do is resign the race. Let's hope she wises up.

Rob
Rob

"The court does not find Western credible. His testimony that he has no idea who designed, posted, and paid for campaign signs supporting Cortes or who paid the professional petition circulators is too improbable to be believed".

per·ju·ry   [pur-juh-ree]  noun, plural -ries. Law .the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry. http://dictionary.reference.co...

Jason
Jason

Judge Burke made a poor decision here. I hope Mr. Ryan appeals and we can get Cortes booted.

Tommy Collins
Tommy Collins

Jason, I don't agree. I think Judge Burke made the right decision based on law, rather than pure emotion. I see this as being similar to a criminal incident where the cops 'know' they have the right guy, but don't quite have probable cause... no smoking guy. Western lied about his knowledge and intent and there's no way to disprove his testimony about his lack of knowledge. Cortes seems genuinely honest and stupid, the absolute best choice for a shill candidate. It's obvious she doesn't have a clue what being a state senator is all about, and likely may not even be able to spell senator, but IF she fits all the legal criteria she does have a right to be on the ballot.

Do I think it stinks that she is allowed to remain on the ballot? Yes.

I think Judge Burke conducted due diligence to arrive at his decision. AND he called a spade a spade.

(official disclaimer: I am not a lawyer, never played one on TV, but dated one at one time in my life, and I have friends who are lawyers. Just simply my uneducated opinion posted here)

Oblivious Cortex
Oblivious Cortex

He made the right decision, and it's time to stop calling her the Sham and start calling her the Dupe.

Jewel in the desert
Jewel in the desert

Even though the judge has ruled can the new information being gathered by Ryan and Wright still be exposed to the public?

Robert Hernandez McDonald Jr.
Robert Hernandez McDonald Jr.

That was a chicken shit ruling. Apparently no one in state government or the courts has the balls to take responsibility when laws are broken especially when the subjects are rich or powerful.

Azhistory
Azhistory

I've heard that when all of this shakes out, the real loser will not be Russell Pearce, but his brother, the Justice of the Peace. Apparently he's the real head of the family and probable ring leader of this crap. 

Tommy Collins
Tommy Collins

Interesting. Lester comes across as being somewhat limp. He may simply be the brains behind it with russ as the 'bouncer'.

US War Veteran
US War Veteran

SWEET!!!!!!Rus-SELL Pearce either just got a bad case of diarrhea or is shitting brinks, either way his bowel movements are not normal.  ROFL

Jason
Jason

I was kind of hoping Judge Burke would release his ruling saying that Cortes was being booted.

Remember, a vote for Lewis is a vote for truth, justice and the American way.

A vote for Cortes is a vote for Pearce.  

JeffFarias
JeffFarias

getting the popcorn ready.

Jason
Jason

I've got a case of cold beer.

Bnbk
Bnbk

This just keeps getting better & better. I can't wait for the next episode.

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