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Pastner cleared of Ron Bell lies
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<blockquote data-quote="brandon_cox" data-source="post: 436039" data-attributes="member: 3408"><p>Wow. Just wow. It’s hard to believe all the trouble our pal RB and his paramour JP have gotten themselves into. Making false allegations of sexual assault and lying to your attorneys and the court about a dress that contains CJP’s semen is a spectacularly bad idea. There is a status conference tomorrow so by the end of the week we should know a lot more about where the case stands. I’m going to wait until the Judge makes his ruling before posting in depth but here are 3 quick thoughts going into tomorrow’s hearing.</p><p></p><p>It would be highly unusual for a Judge to strike a Counterclaim and enter a judgment of default this early in the litigation, as CJP is asking the court to do, but there is nothing “usual” about this case. Miracle Whips and JP have not responded to any of CJP’s mandatory and non-mandatory discovery requests. That’s a huge no-no. The Judge has the discretion to do anything from granting a Motion to Compel, awarding attorney fees and giving the scumbags one last chance to respond all the way to throwing out their Answer and Counterclaim. Let’s see what he does.</p><p></p><p>CJP’s attorneys are also asking the court for permission to depose Miracle Whip’s former attorneys. Arizona, like all jurisdictions, has a crime-fraud exception to the attorney-client privilege. The argument is that RB/JPs attorneys’ Motion to Withdraw is prima facie evidence of the Defendant’s perpetuating a fraud upon the court. This is further bolstered by all of the jailhouse recordings in which the Defendants all but admit that they are lying their asses off. It will be fascinating to see if the Court allows the depositions of the former attorneys. That would very harmful to the Defendants.</p><p></p><p>Finally, it’s important to remember that Miracle Whips is on probation for the next 4 ½ years. Perjury is definitely a crime, although it is rarely prosecuted (if it was, half the people in contested divorces could be charged). However, Miracle Whips needs to be really careful in his testimony. If he keeps lying, the Judge can easily pick up the phone and share his thoughts about it with RB’s probation officer. Alternatively, the probation officer can decide to revoke him on his/her own. RB can’t be revoked on anything he did prior to his probation being transferred to Arizona, but going forward it’s all fair game. CJP and especially his attorneys have a lot of friends in high places in Tuscon. RB has none and can’t even get a lawyer to represent him (so far). He can easily find himself back in jail.</p><p></p><p>So, let’s see how it goes this week. It should be fun.</p></blockquote><p></p>
[QUOTE="brandon_cox, post: 436039, member: 3408"] Wow. Just wow. It’s hard to believe all the trouble our pal RB and his paramour JP have gotten themselves into. Making false allegations of sexual assault and lying to your attorneys and the court about a dress that contains CJP’s semen is a spectacularly bad idea. There is a status conference tomorrow so by the end of the week we should know a lot more about where the case stands. I’m going to wait until the Judge makes his ruling before posting in depth but here are 3 quick thoughts going into tomorrow’s hearing. It would be highly unusual for a Judge to strike a Counterclaim and enter a judgment of default this early in the litigation, as CJP is asking the court to do, but there is nothing “usual” about this case. Miracle Whips and JP have not responded to any of CJP’s mandatory and non-mandatory discovery requests. That’s a huge no-no. The Judge has the discretion to do anything from granting a Motion to Compel, awarding attorney fees and giving the scumbags one last chance to respond all the way to throwing out their Answer and Counterclaim. Let’s see what he does. CJP’s attorneys are also asking the court for permission to depose Miracle Whip’s former attorneys. Arizona, like all jurisdictions, has a crime-fraud exception to the attorney-client privilege. The argument is that RB/JPs attorneys’ Motion to Withdraw is prima facie evidence of the Defendant’s perpetuating a fraud upon the court. This is further bolstered by all of the jailhouse recordings in which the Defendants all but admit that they are lying their asses off. It will be fascinating to see if the Court allows the depositions of the former attorneys. That would very harmful to the Defendants. Finally, it’s important to remember that Miracle Whips is on probation for the next 4 ½ years. Perjury is definitely a crime, although it is rarely prosecuted (if it was, half the people in contested divorces could be charged). However, Miracle Whips needs to be really careful in his testimony. If he keeps lying, the Judge can easily pick up the phone and share his thoughts about it with RB’s probation officer. Alternatively, the probation officer can decide to revoke him on his/her own. RB can’t be revoked on anything he did prior to his probation being transferred to Arizona, but going forward it’s all fair game. CJP and especially his attorneys have a lot of friends in high places in Tuscon. RB has none and can’t even get a lawyer to represent him (so far). He can easily find himself back in jail. So, let’s see how it goes this week. It should be fun. [/QUOTE]
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Pastner cleared of Ron Bell lies
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