Russell Pearce's Sham Candidate's Lawyer Seeks to Stop Friday Hearing (w/Updates)

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tsontakislaw.com
Anthony Tsontakis: Grasping at straws instead of laws...

Just when you thought you could go one day without more shenanigans from the pro-Pearce crowd, here comes Anthony Tsontakis, attorney for sham recall candidate Olivia Cortes, with a desperate appeal to the Arizona Supreme Court, seeking to halt a Friday hearing where more evidence is to be introduced in a lawsuit against her.

As I blogged yesterday, Judge Edward Burke has scheduled a new evidentiary hearing for Friday where attorneys Tom Ryan and H. Micheal Wright will question new witnesses and present new evidence to the court linking Cortes' candidacy to the campaign of state Senate President Russell Pearce.

This, after a Monday ruling allowing Cortes to remain on the November 8 ballot for Legislative District 18, while at the same time concluding that Cortes was placed on the ballot by pro-Pearce Tea Party partisans and Pearce family members.

Tsontakis is apparently so worried about what might come of the Friday hearing that he's willing to pull a legal stunt of last resort, instead of allowing the process to continue and more evidence to be examined. 

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.)

Tsontakis even gets in a pat on the back for himself, stating wryly that, "This argument is not mere creative jurisprudence on the part of counsel."  (Supposedly, fixed-income Cortes is paying for this "creative jurisprudence.") Any new evidence uncovered would be "irrelevant," he states. 

The histrionics reach full force in his conclusion, where he declares that, "This baseless charade needs to stop," and asks the Supremes to stay the Friday hearing and quash the suit altogether, but not without first awarding him "reasonable attorneys' fees," natch.

Wright told me that there is a 2 p.m. telephonic conference today with the duty justice. 

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.

I can't wait for my front row seat at that show. As Ryan said, "This ain't Kabuki theater, this is the real thing." I'll be there with my Twizzlers. Buttered popcorn's too sticky for court.

UPDATE 3:54 PM: Tsontakis was, essentially, shot down by the Supreme Court shortly after the 2 p.m. telephonic hearing. The Friday hearing will take place as scheduled. I'm on the road at the moment and will update with more details shortly.

CORRECTION: Seems I've been misspelling Mr. Wright's first name. It's actually "Micheal" instead of "Michael." All apologies Mr. Wright! I've corrected it in this blog.

UPDATE 11:53 PM: Just a final note about Tsontakis' action today, which also included a couple of additional filings with the Supreme Court.

Without going too deep into the legal mumbo jumbo, one of these was an "application for interlocutory stay," which contained the following admission by Tsontakis:

"Less than twenty-four hours [after the Monday ruling], Judge Burke inexplicably decided to allow Plaintiff an additional day in court, set for this Friday, October 7, 2011, so Plaintiff could produce additional evidence allegedly implicating Petitioner and other parties in some fraudulent scheme to have Petitioner appear on the November 8 Recall Ballot as a `sham candidate.'

"Judge Burke's allowance for this additional hearing directly contravenes his order of the previous day...and could directly result in Petitioner Cortes's name being withdrawn from the Recall Ballot, a harm that is both immediate and irreparable." (Italics added.)

Tsontakis is confessing his worst case scenario: That Wright and Ryan will be successful, and end by finally removing Cortes from the ballot. Indeed, Tsontakis fears this so much that, ironically, it's one reason he wanted the Supremes to step in and block the Friday hearing. 

But they've refused any kind of emergency intervention, and Tsontakis is left with having to go into court and have his client further exposed as a tool of the Tea Party and of the pro-Pearce camp. In other words, it ain't fun to be him right now. Save for the fact that he will presumably, one day, be paid.


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100 comments
MarcBS
MarcBS

Here's my scenario - Cortes wins. Poetic justice for allowing Pierce to win in the first place. 

Jason
Jason

I read on azcentral.com that Cortes dropped out of the race.

That's the smartest thing she's ever done. Now it's between Lewis and Pearce, as it should have been from the getgo. 

AZGregory
AZGregory

Too bad she won't be appearing at the debate tonight.  That would have been highly entertaining, especially with Pearce fawning over her right to be there.  I agree they accomplished what they wanted, to get her name on the ballot and it could only go downhill from here.  At least it accomplished waking up the sleeping masses that pass for journalists in this Valley.  At this point, they are going to continue to hound Pearce and won't be afraid of him as they were before.

Guest23
Guest23

There is no way she could have handled or even articulated her thoughts in coherant english to the questions put forth to Lewis and pearce. Most of the questions would have probably flew right over her head.

US War Veteran
US War Veteran

I knew she was going to drop out ass soon as the ballots were printed, Rus-SELL did want her in the race anymore than he wants Lewis for fear she may pull enough votes to win, he just wanted her name on the ballot as a drop out so any votes she gets will not be counted and only hurt Lewis. If only we had a real DA or a real MCSO Sheriff to look into this.

teknik1200
teknik1200

Courts dropped out of the race!

It looks like she woke up to the fact she's getting played and set up.

Will she come clean?

US War Veteran
US War Veteran

What?  you mean Cortes dropped out?

teknik1200
teknik1200

yup, she withdrew today.  sounds like the lawsuit has her scared.

teknik1200
teknik1200

SOS says she will stay on the ballot.

She needs to be removed!  Otherwise they have still accomplished what they set out to do.

Oblivious Cortex
Oblivious Cortex

What a choice for Friday afternoon.  Diamondbacks game, or Judge Burke's courtroom.

Where are we more likely to see a grand slam?

Guest23
Guest23

The only thing that makes a baseball game possibly a better event to attend is the fact that I can drink beer and have a hotdog there. I do think the cortes hearing will be much more exciting but it sure would be grand if I could watch while sipping a brew and munchin' on a dog.

Guest23
Guest23

The LD18f forum between Lewis, Pearce, and if she can manage an intelligable sentence in English Olivia "the cham" Cortes

From azcentral:

"Tonight's Legislative District 18 recall-candidate forum will be available via live webcast at azcentral.com beginning at 5 p.m. State Senate President Russell Pearce and challengers Jerry Lewis and Olivia Cortes are scheduled to appear at the forum, which is open only to ticketholders."

" The forum also will be broadcast by the student radio station at the East Valley Institute of Technology, or EVIT, where the debate is being held. Tune in to KVIT 90.7 FM or go to www.kvitgoldmine.com."

It will be intereting to watch how well pearce can lie and keep a straight face. Also how well cortes will perform as her performances during newscasts have been difficult to understand. I am thinking we will need closed captioning to understand what she is saying besides the fact that her lack of familiarity with political lingo is going to make it very tough for her to understand the questions put to her as well as anything the others are saying. I figure she has been coached with as many "canned" answers" as she can remember but considering that she has no public speaking experience, we are aware of, how well will she do in front of 500 people... this could turn out sad, painful and embarrasing. I bet pearce supporters never guessed it would go this far. I just can't imagine how pearce is going to play off this whole cortes scandal esp since the judge has already stated that pearce supporters are behind her campaign.

Guest23
Guest23

What is this? I have just recently been checking out sonoranalliance lately and am not familiar with shane. Is he the editor there and exactly what is being referred to here, is shane removing any, some, all articles regarding cortes? Is he worried he could end up in court testifying about his knowledge? I am very curious.

Anon
Anon

Stephen, Great reporting. You're the only one who can keep this craziness straight. I'm sure the Pearce group has to come here to sort through all their lies and to regroup. You've got them tangled in a snarled web. Serves them right.

teknik1200
teknik1200

yup, it's nice to know some folks have the balls and diligence to expose this to the rest of us.

it's a shame to see today's media become marginalized, the crooks do want people to believe the truth, as we see with RPs clan they've done a good job of it. 

WhoKnows
WhoKnows

Seems good old Shane is removing stories or just blocking ALL comments on his fairy tales at sonoranalliance!

Guess he's not man enough to stand up to his garbage!

Can't stand the heat Shane?  Cuddle up with your "Cortes for Senate" t-shirt!

Guest23
Guest23

What is this? I have just recently been checking out sonoranalliance lately and am not familiar with shane. Is he the editor there and exactly what is being referred to here, is shane removing any, some, all articles regarding cortes? Is he worried he could end up in court testifying about his knowledge? I am very curious.

AnotherMesaVoter
AnotherMesaVoter

I was thrilled to see that this is going forward. I also would like to know if there is a live stream to the debate. I'm checking here from Stephen Lemons after the hearing on Friday. I know he'll give the most complete information from the hearing. 

Tommy Collins
Tommy Collins

The live stream should be on eastvalleytribune.com

WhoKnows
WhoKnows

Tommy - I HOPE it will handle the volume of people wanting to watch this!

After all, the last meeting they streamed from Mesa probably only had 10 people watching. :)

WhoKnows
WhoKnows

Anyone got a website for the live stream of the hearing or Thursday's debate?

Not surprised
Not surprised

Last I heard there weren't any plans for a video stream.  Supposedly it's going to be taped and aired at a later date on Mesa Channel 11.

I think it's pretty shitty that only 500 people are going to see this debate.  I also think it's crap that with the technology available today, that no arrangements have been made for a live video stream.

So that begs the question, who exactly is this debate for?  The candidates and sham candidate Cortes or the public?

Guest23
Guest23

I haven't seen one mentioned as existing anywhere, but who knows.

mbsanchez
mbsanchez

“Washington’s Ten Most Wanted Corrupt Politicians” for 2008.

Rep. Jerry Lewis (R-CA): Rep. Lewis may share a name with a world-renowned comedian, but there’s nothing funny about his addiction to influence peddling and earmarking. Lewis, the senior Republican on the House Appropriations Committee, is under investigation for approving hundreds of millions of dollars in federal projects to benefit clients of one of his best friends, lobbyist and former Congressman Bill Lowery. According to press reports, Lowery, partners in his company and their clients donated approximately 37% of the funds collected by Lewis’ campaign PAC over a six-year period (an estimated $480,000) in return. Lowery has benefited handsomely from his relationship to Lewis. His company more than tripled its income between 1998 and 2004 with help from Lewis, while increasing its client base from 21 clients to 101 over that same time period. Despite these allegations, Lewis maintains his high-ranking position on the House Appropriations Committee.

TeoBuneo
TeoBuneo

You are certainly one dumb son of a bitch, mb!

Guest23
Guest23

My bitch sanchez is just a troll. He most likely has no interest in who wins in this recall election and more than likely is a sad person with a sh*tty job and was picked on as a teen. He sits behind his computer and searchs for websites where he can find people posting that lean in one direction or the other and then he takes the opposite side making outrageous comments attempting to get a rise out of anyone. I find such worthless nimrods who probably cant get laid to save their lives. They are sad jokes that deserve whatever intellectual spanking they seem to beg for. Though, the best way to get rid of them is to ignore them, as feeding them is what keeps them coming back. Unfortunately, most comment forums and blogs have a steady stream of newcomers that are not aware of resident trolls and thus trolls have enough victims to feed their lowly egos. I am sure if you got anyone of them alone and in person they would tremble and cower like the weaklings they are, at least this has been my experience when I have tried to get them to meet me in person. So how about it my bitch sanchez, you ready for a meet and greet?

WhoKnows
WhoKnows

Are you so clueless that you don't understand this is a different person?

There is a porn star in CA named "Rusty Pearcer".  Is that YOUR guy?

Conservative American
Conservative American

Not the same person.  Why did you post that?  Did you learn how to lie and cheat from uncle Russ?

Slag off, scum

loushow
loushow

REICH WING TRICK:  A well-known trick of Pearce's Reich Wing is to accuse the opposition of what you are doing, such as whenever Pearce would cry "Illegal is illegal", or in the case of this attorney "Stop this charade!" . . . or their claim that "People from out-of-state are behind the recall" (when in fact that plenty of people from out-of-state are trying to fight the recall).

Due to the fact that Hypocrite Pearce never took his own advice, he is being eliminated from government service by The People.  All the trolls are having a very difficult time with this.

LiberalsNeedtoBeRoundUp
LiberalsNeedtoBeRoundUp

I am outraged by the out of state liberals trying to take down Pearce to further their agenda. They are pouring bucket loads of liberal money into this recall effort they fabricated. Mesa voters need to vote Pearce and shame these liberal turds back to Chicago. If Pearce wins, it will be a mandate to round up the illegals and send them back to where they came from.

TeoBuneo
TeoBuneo

Another nativist moron in desperate need of basic English grammar skills! Typical of these fools!

Gerry_C
Gerry_C

Hey Liberals,

I could easily say that you received money from a prostitution enterprise in an effort to denigrate your reputation and position.  Could I prove it?  No.  Can you prove what you are sayint about the funding coming from Chicago?  Why would someone from Chicago care?

Tommy Collins
Tommy Collins

Hey, Motormouth. Show us some of those folks from Chicago who are sending money to the recall.

I am a Phoenix 'outsider' who sent money twice for the recall. Independent. Arizonan.

Put up, or stop your postings.

Conservative American
Conservative American

Wow, you really are stupid.   Pearce and his goons did this, his family, his friends.

If he had an ethical cell in his body, he would resign.

WhoKnows
WhoKnows

So Western, Oldroids, Pearce's brother and nieces are "out of state liberals"?

Why is it about the ONLY money that Pearce got for his recall fight came from out of state donations?

Guest23
Guest23

Liberalsneedtoberoundup??? What so you can put them in concentration camps or something?.. the mindset of some of these pearce supporters amazes me. I have yet to read anything by a pearce supporter that even attempts to put forth a cogent argument.

All this propaganda that the right wing fringe keep putting forth about people/orgs outside of LD18 putting money into Lewis's campaign are laughable and never with any supporting evidence simply because it doesn't exist. The interesting thing is that if they looked at pearce they would realize this is exactly how pearce survives and gets the majority of his support. So pot kettle black ya moron.

The mandate to depot illegal aliens is already in place. It is more a matter now of deciding where or how the efforts/priorities should take place. Is it best to use our resources to arrest the most violent offenders first rather than spending the money on raiding local restaurants and motels for llegals that do not pose an immediate threat? Yes I would say this is the most logical and rational position. Do we need to revamp immigration policy, yes and I find very few to no one that disagrees with that position. Unfortunately pearce and his supporters like to paint anyone that doesn't support his exact positions as open border lefty wingnuts erroneously when this is rarely the case. Do pearce and his supporters have an honest ethically sound bone in their bodies... it sure doesn't appear so as this poster so readily shows us. Get a life, then a working brain, and then program it with knowledge off the top shelf, not what you have found in the waste bin.

mbsanchez
mbsanchez

what will be really funny. when everyone pleads the 5th. no testimony. fishing trip over. LOL

Jason
Jason

The 5th Amendment doesn't apply here, numbskull.

Your hero Pearce has been exposed as the corrupt, ultimate failure that he is, and Cortes has been exposed as a sham.

You best brace yourself. Jerry Lewis already has an automatic victory.

I hope I didn't type this too fast for you, your failure hero Pearce, or the sham Cortes. If I did, whoops...

Oblivious Cortex
Oblivious Cortex

What will be really funny, is when Olivia explains how the Reagan amnesty helped her get a green card, and she stayed married to a Mormon long enough to qualify for citizenship.

Ed
Ed

 hahaha.... that's mean -- but very funny indeed.

Tommy Collins
Tommy Collins

It may turn out that she was married to a pearce, which would explain why she 'owes' them her ummmmm loyalty.....

Guest23
Guest23

My Bitch sanchez, Sure you are laughing about this... As a moronic pearce supporter/troll you are probably crying buckets of tears over the fact that the tactic of playing sgt schultz and knowing nothing hasn't accomplished anything more for pearce than keeping cortes on the bill while anti-pearce supporters are winning points left and right. The judge has for the most part stated that he doesn't believe they know nothing and that pearce supporters are behind cortes campaign. I am sure one of those that rec'd a suppoena will be the owner of the signature gatherering company and she/he won't be able to state she/he knows nothing about who paid for their services, this alone will help complete the trail to pearce and further shut down any hopes you have of pearce winning the recall election. If this can be caterogized as a fishing trip, it is one that is like shooting fish in a barrel. So you just keep up attempting to fool anyone with your fake laughter that is really tears, ridiculous rhetoric that isn't substantiated with any facts and be prepared for further disapointment that is sure to take place as this situation plays out. I just can't wait to see pearce and cortes look like asses at the upcoming debate.

JeffFarias
JeffFarias

plead the 5th so as not to incriminate themselves  ??

Mistalee
Mistalee

"Any new evidence uncovered would be "irrelevant," he states."

So why is he attempting to block it?

The guy is a lousy attorney and a terrible liar. If the matter were indeed "moot," that is, simply a hypothetical rehashing of an already resolved issue, he would have no reason to file a last minute appeal to block it. 

Guest23
Guest23

Cortes's attorney is so wet behind his ears that if he bent over he would drown himself. Seriously though this guy was just licensed by the BAR eight months ago and is probably just using this opportunity to make a name for himself... not a good one mind you but as they say "any press is good press."

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