The Boulder land grab case is playing out pretty much as we expected. Courts are extremely reluctant to slap anyone with a perjury charge, and that goes double for a retired judge and his lawyer wife.
Former district judge Richard McLean and his attorney wife, Edith Stevens, did not fabricate evidence in the infamous Boulder land-grab case, a judge ruled today.
In fact, evidence shows that McLean and Stevens had clearly used the land they obtained from neighbors Don and Susie Kirlin under Colorado's "adverse possession" law, said Boulder District Judge James Klein.
The Boulder Daily Camera has the most complete report, complete with an exhibit photo which they don't bother to identify or date.
Our guess is that Judge Klein may be looking for new employment after the fall election. If the number of hits that this site gets when we write about it is any indication, many more folks than usual will be voting not to retain the guy. Usually, every judge gets about a 40% non retain vote. It doesn't take that many folks to move it to 50%.
Judge James Klein might have done himself some good if his second hearing had been a public hearing. Instead, he ruled on the documentation.
Susie Kirlin on Monday said she was shocked at the decision and accusations made by Klein.
“We are dismayed that the judge brushed aside the overwhelming evidence that the path across our land was created after this lawsuit was filed,” she said. “We gave the judge a national expert’s analysis of seven aerial photographs taken between 2004 and 2007, proving that the first time the path appeared was in 2007.”
She said Klein’s decision to rule on the case without holding a hearing was also disappointing.
“We requested a hearing so that the judge could fully understand the scientific support for that proof,” Susie Kirlin said. “We are shocked that the judge refused to hold a hearing, disregarded the expert’s analysis, and claimed he could see the path in a 2003 aerial photo that not even McLean and Stevens argued showed the path.”
Acting in private, without public arguments means that none of the litigants got to challenge each other in court. That is not good. Someone is clearly lying. The public is denied the chance to take a good look at Judge Klein's handling of the situation and the presentation of the witnesses.
If we were Boulder voters, we would be voting not to retain Judge Klein because he refused to make the hearing public.
Judge Klein certainly will NOT be getting my vote this November. Talk about dirty politics.
Posted by: Meg Needler | July 06, 2008 at 06:06 PM