I am still baffled why Judge Caldwell decided to delay the release of this verdict for so long?
Caldwell filed her ruling in November, but both the city and Dorothy found out about it only recently. Both parties said they asked the Minnehaha County clerk of courts office multiple times in the past six months and were told the judge had not made a decision.
“Quite honestly, that just blindsided our office. We had inquired before if there was a decision and had been told that there was not,” Tornow said.
WOW! I knew that Dan’s lawyer had asked for the ruling several times with no avail, but I was unaware that the city did the same. And while I’m no fan of Tornow, I truly believe he is telling the truth on this one, otherwise there would have been an appeal decision a long time ago.
Charles Fechner, Minnehaha clerk of courts, said normally the office doesn’t send such filings to the lawyers unless it’s requested.
“All I can say is we were never given notice to send them out. Unless we are told they want copies or to send them out, it’s not an automatic that we send copies to the attorneys,” he said.
HUH? Didn’t Tornow and Dorothy just say they asked for the rulings? While I think Luther is a decent journalist I’m curious why she didn’t pursue this a little more? I’m still clueless as to why Caldwell sat on this for so long. As I speculated before, I personally think it was an attempt to protect Munson, but who knows at this point. And was former SD Supreme court justice and city attorney ‘in the know’? Is there anyway to make a judge fess up?
This is all really fishy. You would think a decision as huge as city code violating the US Constitution that someone in the clerks office would have said something? Says a lot about our justice system, huh?
I would also like to give a piece of advice to Mayor Huether;
Mayor Mike Huether criticized the inefficiencies of code enforcement during his campaign and talked about consolidating the process, which spans multiple departments.
He asked the city attorney’s office to speak on his behalf regarding the lawsuit Wednesday, Tornow said.
While it was probably a smart move by Mike on such a delicate issue, I really encourage him to get directly involved. First off, fire everyone involved TODAY! Secondly don’t appeal the decision and thirdly change the city charter so it will allow due process, because as it sits now, you are violating the US Constitution and that isn’t very cool.
I would also like to thank Mr. Daily for his citizen advocacy on this issue and allowing South DaCola first hand access to the story. This was never about Mr. Daily, this was about you and your constitutional rights. Dan dropped $40,000 of his own money to protect your rights. At the least we owe him a ‘thank you’ at the most a contribution to his legal fund would be nice.
I agree with L3wis, Mr. Daily deserves kudos for his hard fought victory.
I also am baffled by the pace the verdict was delivered and the timing. Both Attorneys have been making requests, and it defies logic that those requests somehow consistently “slipped” by the Clerk of Courts, who stated clearly that procedure states they send them out when requested. You’d have to think there is a paper and/or electronic trail to follow. This seems like a violation of the 6th Amendment to me.
At the same time, it also defies logic that Munson could yield that type of censorship power over the Judge and/or the Clerk of Courts neither of whom are under his direct control in any way. It would seem the only way one could have that kind of coercive effect is if Munson had photos of someone with a dead girl or a live boy. And if that’s truly how Munson rolls, then why didn’t he manage to get everything he set out to do accomplished and then some, when in fact he didn’t?
I also agree with L3wis that heads should roll, but isn’t that going to be up to the County, not the City to figure out?
Let me clarify. I don’t think Munson knew about it. I think there was other ‘forces’ involved protecting the verdict from him. But we may never know. As for heads rolling, not only in the Clerk of Courts but at city hall. Why these fuckups are still around is beyond me. Besides Tornow and Hartman there is a laundry list of people that should be let go over this, including the top. I still remember Cooper telling the council that they were working on a solution, but it seems nothing has been done.
Well, if you put any stock in Plaintiff Guy’s last 1,247 posts on the topic, Munson was just like GW Bush was to the kook fringe Left:
Both an evil genius who can manipulate entirely autonomous people, groups and/or nations into doing his bidding all while maintaining a code of silence that made it impossible to prove any direct link that could be exploited by any justice system AND at the same time a mumbling, incoherent dolt who fell bass-ackward into victory after victory and was so dense he needed people to help him tie his shoes.
Now I don’t think Munson is a saint, but I do think he’s genuine. Maybe he loves this City so much that he tried everything he could to protect it, even when it was in the wrong. If that’s the case then how is Munson any different than your average Soccer MILF?
“Maybe he loves this City so much that he tried everything he could to protect it”
Loving a city, means loving it’s people not it’s government. The main part of the oath of office is to uphold the US Constitution. It was pretty obvious that the code enforcement hearings were unconstitutional, you don’t need a judge to figure that out. The mayor, the council, the attorney’s office and the department heads should have done everything in their power to rewrite the charter to ensure due process.
As for Dan, he does say some pretty crazy things, but you would be pissed to if you had to drop $40,000 to prove something that is obvious.
Sy, aren’t you implying that Munson was in some sort of criminal conspiracy over this thing?
Sy, please tell me you’re not going with the Munson loves his city bullshit! If so, could I get a full list of those in local government who does and doesn’t feel the same?
My final statement was meant as Plaintiff Guy-esque snark.
Looks like I need to polish up my skills.
Honestly, I’m in aggreement with L3wis, I don’t think Munson knew nor did he manipulate the details of this case or it’s main players.
I just think that somebody didn’t want the info to get out until the election cycle was completed and Munson’s administration was over.
Definately. Am I the only one that finds it ironic that the verdict came out the same day Mike was sworn in?
Perhaps since it was filed in November, it may be too late now to appeal. Appeals usually have short, firm time limits. And theoretically, the filings are public record so the rebuttable presumption is the parties “should have known”.
I’ve reviewed l3wis articles and your comments. News here is what you can’t find in printed or network media.
This matter is ongoing and July 1 should be another great day for democracy.
I’m impressed with how citizens are becoming involved. Home Rule Charter is an evil to fight if we are to remain free. Perhaps, you should google about this. There’s action from a suburb of Chicago and cities in Colorado. I was in Canon City CO last week for business and to meet with Mr. Ferris.
There’s national attention to set up a non-profit similar to the ACLU. It’s a simple theme; protect and defend the constitution.
Sioux Falls is a great place. It’s distinguished in many respects. Soon, it could also become the poster child for oligarchy in state’s constitutional cases.
City councilors and the mayor sure have been quiet about it all. Huh?
Yes, quiet. Silence is a form of damage control.