Lawmakers in California are in a hurry to indoctrinate the kids in that state on global warming. Not everyone is happy about it:
"I find it disturbing that this mandate to teach this theory is not accompanied by a requirement that the discussion be science-based and include a critical analysis of all sides of the subject," said Sen. Tom McClintock, R-Thousand Oaks, during the Senate debate.
The adverse possession case in Boulder is still in the news with an editorial in the Boulder Daily Camera.
We got a comment to our post yesterday that we are unable to approve because it presents facts that we can't easily verify. We can and will print them as allegations that seem plausible:
[David Carpenter wrote: so, there is the rub. If a surveyor signed and sealed a plat showing a nonexistent path, he would face personal and professional civil liability from the aggrieved parties, even if the surveyor's boss ordered him to show the path.]
The surveyor, Mr. Stone, was not the one who testified in the original trial, but his boss (Mr. Wright) did, using the [allegedly] fabricated evidence he [allegedly] helped create.
[Surveyor William Stone was [allegedly] instructed to include the disputed pathway on a drawing of the Kirlins' lot but was never asked to lie about his own observations.]
Mr. Stone may not have been technically "asked to lie," but he was [allegedly] pressured, forced under duress to swear to a false affidavit, which invalidates it. The brains that [allegedly] conjured this up knew exactly what they were doing and who would take the fall for it.
Mr. Stone is a witness for the Kirlins and apparently came forward of his own volition to set the record straight. Even the filed Motion mentions that he is not a disinterested witness (as are the others) and his sworn testimony is damaging. He should be commended for his honesty and ethics to come forward with the WHOLE truth. He has more to lose than gain here, but he is doing what IS right. However, Mr. Wright, who was [allegedly] "instructed" by McLean/Stevens to do what they wanted, should be the one sued. HE was part of their deception.
It appears McLean/Stevens don't care whose life or career they ruin, so long as it's not their own. They also made a monkey out of Judge Klein who ruled so erroneously in this case. Shame on them all. Judge Klein needs to vacate his ruling and do it soon.
We will make a prediction on this case, and we dislike intensely what we are writing. In the end, the Kirlins will lose their land.
While it appears likely that they were the victims of a fraudulent lawsuit with fraudulent testimony, any appeal to the local prosecutor to prosecute for perjury will be rebuffed. There is an unpublished appeals court opinion that allows him to do that, and he will.
Likewise, all ethics complaints against the judge, the plaintiffs, and the plaintiff's lawyer will be rebuffed with the claim that for attorney regulation to act, someone in the legal system must find that perjury existed. That can't happen because it won't be investigated and tried.
While they may find some sympathy if they try to get the local judicial performance commission to recommend that Judge Klein not be retained, the lawyers on that commission will browbeat the non lawyers into recommending that he be retained.
If they make a complaint against Judge Klein to Judicial Discipline, they should recall that it takes six of ten votes for that body to take action and five of the ten current members are judges or former judges. We can thank Governor/Lawyer Bill Ritter and Attorney General John Suthers for that little twist.
In short, the system is skewed against them, not because they are in the wrong, but because they are not lawyers, whom the system protects with a vengeance.
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