BREAKING NEWS - BEACH BUNNY CASE!

This has just been posted on the OC BLOG by Jubal. I agree with the story and it is very interesting that Carol "Beach Bunny" Rudat didn't even show up in court to defend herself. 1 word...AMAZING

Justice Tentatively Served In Carol Rudat Case

I went to this morning's hearing on whether carpetbagging Orange Council candidate Carol Rudat would be removed from the ballot. It was an all attorneys show, as neither Carol nor Dave Rudat were there.

I arrived a few minutes late, as Judge James Gray was wrapping up his explanation as to why he was denying the writ to have Carol Rudat removed from the ballot. Basically, Judge Gray felt it was too late to remove her name from the ballot, because doing so would impact too many other elections and that consideration outweighed others.

Next, Judge Gray began discussing the matter of whether Carol Rudat actually lived in the Center Street bungalow, as he prepared to announce his ruling on whether votes cast for Rudat should be counted. It quickly became clear how Rudat had screwed up -- that Judge Gray would have ruled in her favor if she could have met just the minimum standard for proving residency.

"It is not difficult to prove residency," Judge Gray said. All that is need is a signed declaration from Carol Rudat and some supporting evidence such as a declaration from a witness, a water bill or a utility bill.

"Mrs. Rudat didn't do that, "Judge Gray said. He said her declaration was like a "campaign mailer full of emotional platitudes" and characterized it as being written "as if she's intentionally dodging the issue."

Ouch.

Judge Gray cited an axiom that he should find against the weaker evidence -- i.e. Rudat's declaration of residency -- and issued a tentative ruling that Carol Rudat's votes should not be counted, and offered Rudat the opportunity to request re-consideration of her delcaration of residency.

Mr. Burns, Carol Rudat's laywer, asked for a recess so he could have Carol Rudat come down and prove her residency. He said they didn't have enough time to respond to Phil Greer's filing the day before, since they had only received it at 4:30 p.m. That struck me as a hollow complaint, because Greer's filing contained nothing that was new (other than Corinne Schreck's statement) from Monday's hearing.

[Corinne Schreck own's the property next door to the Rudat's bungalow. She is there very frequently, because her son and daughter-in-law live in the back unit on the property. Still Judge Gray commented he didn't find her statement very strong because she doesn't actually live there].

Still, Judge Gray agreed to stay his ruling and asked Mr. Burns when he planned to come back to offer evidence to back up the declaration. At this point it was about 9:30 a.m. Mr. Burns said he could be back at 11:00 a.m.

Judging by the expression on Judge Gray's face, I was expecting him to tell Mr. Burns, "Your client couldn't provide evidence of residency during the 29 hours I gave her to do so, but you're going to somehow prove it in the next two-and-a-half hours?"

But Judge Gray witheld any comment he may have been thinking of making, and set the hearing for 4:00 p.m.

If Carol Rudat had any evidence to back up her declaration of residency -- such as a water bill with the Center Street address on it -- she would have provided it to the court. If she had done so, I doubt Judge Gray would have ordered her votes not to be counted.

It seems to me her only hope is to dig up a witness who will sign a sworn statement that Carol Rudat has lived there since April.