IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL
CIRCUIT,
LEON COUNTY, FLORIDA, CIVIL
DIVISION
ALBERT GORE JR., et al.,
Plaintiffs,
v. CASE NO. 00-2808
KATHERINE HARRIS, SECRETARY
OF THE STATE OF FLORIDA, et al.
Defendants.
__________________________________/
EXPEDITED MOTION BY JUDICIAL WATCH, INC. TO
TAKE JUDICIAL
NOTICE OF INDEPENDENT EXPERTS’ REPORT AND/OR
FOR LEAVE TO PRESENT TESTIMONY
Judicial
Watch, Inc., by counsel, hereby moves this Court to take judicial notice of its
independent experts’ report and/or for leave to present testimony. As grounds therefor, Judicial Watch, Inc.
states the following:
1. On Thursday, November 30, 2000, the
Court granted special “observer” status to Judicial Watch Inc., a non-profit,
non-partisan, public interest watchdog organization. Judicial Watch, Inc., and its expert, Mr. Kevin Haggerty, a
Certified Public Account at the accounting firm of Johnson Lambert & Co.,
which has expertise in ballot counting and fraud detection, began reviewing
certain disputed ballots from Palm Beach County that are at issue in this
case. This review was conducted
pursuant to the Florida’s Public Records Act, Fla. Stat. Ann. § 119.07, and an
oral order entered by the Hon. Jorge LaBarga of the Palm Beach County Circuit.
2. After reviewing ballots, Judicial
Watch, Inc. and its experts made several findings which are reflected in a
written report prepared by Mr. Haggerty and Johnson Lambert & Co. These findings including the following,
among others:
i. Palm Beach County officials admitted
to Judicial Watch, Inc. and its experts that the various counts and recounts
have yielded inconsistent results for the total number of votes cast, as well
as inconsistences in the total number of votes cast and the combined total of
votes for the various presidential candidates.
In short, Palm Beach County’s numbers do not add up;
ii. Palm Beach County officials admitted
to Judicial Watch, Inc. and its experts that they kept no records of how
specific disputed ballots were adjudicated;
iii. Palm Beach County officials admitted
to Judicial Watch, Inc. and its experts that ballots were allegedly destroyed
during machine counts, and, accordingly, officials and “volunteers” attempted
to “recreate” these ballots;
iv. Chads have been taped onto ballots,
allegedly to prevent them from falling off, and /or allegedly because the
“voter” had changed his or her mind;
v. Palm Beach County officials used
envelopes to delineate the disputed ballots for each candidate, but some of the
disputed ballots were placed in the wrong candidate’s envelope. 3. Judicial Watch, Inc. respectfully
submits that the independent review of the disputed ballots that it and its
experts have undertaken can be of substantial assistance to the Court in its
adjudication of the issues raised by this election contest, and in particular
its decision whether to conduct recounts, because Judicial Watch, Inc. and its
experts are the only persons to have undertaken a review of the ballots free
from any political motivation and interest.
4. A copy of the independent experts’
report, which was finalized December 1, 2000, is attached hereto, as are the
resumes of its author and principal.
5. In addition, Judicial Watch, Inc.
and its experts will be present throughout the trial of this matter and
prepared to give testimony should the Court or any party so order and/or
desire.
WHEREFORE,
JUDICIAL WATCH, INC. respectfully requests that the Court take judicial notice
of its independent experts’ report, bringing it into the official record,
and/or grant it leave to present testimony at an appropriate time, as it deems
just and proper, as the report and testimony is relevant, probative and in the
public interest on the issues of whether, and if so ordered, how to conduct a
recount.
JUDICIAL WATCH, INC.
By: _____________________________
Larry Klayman, Esq.
Fla. Bar. No. 246220
501 School Street, S.W.
Suite 725
Washington, DC 20024
(202) 646-5172 (office)
(202) 646-5199
(facsimile)
Attorneys for Judicial
Watch, Inc.
CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2000 a true and correct copy of the
foregoing EXPEDITED MOTION BY JUDICIAL
WATCH, INC. TO TAKE JUDICIAL NOTICE OF INDEPENDENT EXPERT’S REPORT AND/OR FOR
LEAVE TO PRESENT TESTIMONY was served, via facsimile and first class U.S. mail,
postage prepaid, on the following:
Attorneys for Albert Gore
Jr. and Joseph Lieberman:
Mitchell W. Berger, Esq.
John D.C. Newton, II,
Esq.
BERGER, DAVIS &
SINGERMAN
215 South Monroe Street,
Suite 705
Tallahassee, FL 32301
Attorneys for George W.
Bush and Richard Cheney:
Barry Richard, Esq.
Michael Carvin, Esq.
GREENBERG TRAURIG
101 East College Avenue
Tallahassee, FL 32301
Attorneys for Secretary
Katherine Harris and the Florida Elections
Canvassing Board:
Joseph P. Klock, Esq.
Jonathan Sjostrom, Esq.
Donna E. Blanton, Esq.
STEEL HECTOR & DAVIS
215 South Monroe Street,
Suite 601
Tallahassee, FL 32301
Deborah Kearney, Esq.
General Counsel
Florida Department of
State
400 South Monroe Street,
PL 012
Tallahassee, FL 32399
Attorneys for Miami-Dade
County Canvassing Board:
Tucker Ronzetti, Esq.
Assistant County Attorney
111 N.W. 1st Street
Miami, FL 33130
Attorneys for the Palm
Beach County Canvassing Board:
Andrew McMahon, Esq.
Palm Beach County
Attorney’s Office
301 N. Olive Avenue,
Suite 601
West Palm Beach, FL 33401-4705
Bruce S. Rogow, Esq.
BRUCE S. ROGOW, P.A.
500 East Broward Blvd., Suite 1930
Ft. Lauderdale, FL 33394
Attorneys for the Nassau
County Canvassing Board:
Michael S. Mullin, Esq.
191 Nassau Place
Yulee, FL 32097
Attorneys for the
Republican Party:
Ben Ginsburg, Esq.
STATE REPUBLICAN
HEADQUARTERS
420 West Jefferson Street
Tallahassee, FL 32301
Attorneys for Matt
Butler:
Terrell C. Madigan, Esq.
Harold R. Mardenborough,
Jr., Esq.
McFARLAIN, WILEY, CASSEDY
& JONES
215 South Monroe Street,
Suite 600
Tallahassee, FL 32301
And:
Craig Meyer
FLORIDA DEPARTMENT OF
AGRICULTURAL
& CONSUMER SERVICES
The Capitol, Plaza Level
10
Tallahassee, FL 32399
_____________________________
Paul J. Orfanedes