CNews 2April09


Race To The Bottom is reporting "the jury is about to return with the verdict."

'There is no truth.'



CU defense attorney Patrick O'Rourke is currently doing a live by-telephone interview with the Caplis & Silverman show on KHOW; he just told them that if the jury agrees that Churchill was fired improperly, but fails to agree on monetary damages, the result is a hung jury. (available via live feed here (left hand side of the top banner; Firefox users may need to install an extension in order for the feed to work properly))

'There is no truth.'



The Denver Post is reporting the two questions submitted this afternoon by the deliberating jurors to Judge Naves (ht Leah):

The jurors asked: "Judge, we are feeling uncomfortable about the damages portion. Would you be able to meet with us to talk about what is required and other things regarding money? And is $0 an option?

Naves replied: "I cannot meet with you. Please re-read the instructions concerning damages if you find for the plaintiff but find no damages (you will have to) find in the sum of $1."

The jurors then had another question: "If all but one jury member can agree on a dollar amount for Question 4, can that person be replaced by another juror?"

Naves told them that wasn't possible, (Question 4 on the jury form deals with compensating Churchill for past non-economic damages and past economic loss.)

Update: John Aguilar's near-liveblogging concurs, and adds

The way the verdict form is organized, [Churchill co-counsel Robert Bruce] said, the jury wouldn't get to the question of damages unless it had already ruled that Churchill was unlawfully terminated from his post as professor.

little goebbels



We note in passing our prescience back in August of 2006, when we posted "Robbing CU To Pay Churchill"

'There is no truth.'



Another new Race To The Bottom post expresses concern about a problematic sentence in the jury instructions that seems to mistakenly imply Churchill's employment was at-will; RTTB points out that the at-will status of Churchill's employment was amended when CU granted him tenure (which amendment raises the bar for CU in that it must present "clear and convincing evidence" rather than simply "a preponderance of evidence" that it was within its rights to fire Churchill). Could this be cause for appeal in the highly unlikely event that Churchill loses this case?

Update: In what we'd guess is only the first such claim from DBAB, a commenter to this RTTB post notes "if the the university gets off because of the parameters of the judge's instructions, he will be proving Churchill's overall shcolarly [sic] and political perspective correct." So, for those keeping score, if Churchill loses, his scholarly and political perspective is proven correct. If Churchill wins, his scholarly and political perspective is proven correct. Got it? Good. Now, get back to scheduling those transport trains.

'Blah, blah, blah.'



All the news outlets are reporting that the jury is continuing its deliberations; John Aguilar at the Daily Camera reports that Churchill appears to be copping some Z's while he awaits the verdict. Some of our contacts who've followed the case say this does not bode well for CU (as if O'Rourke's trial-long incompetence weren't an early indicator), and some even quip that the delay in a decision is because the jurors are working out how much money to give The Perfesser. Heh. Gallows humor. We get it.

Update: Aguilar is reporting the jury worked through lunch, and are currently in their ninth hour of deliberation.
Update II: Aguilar is reporting that the attorneys for both sides were called into the courtroom in response to a jury question.

'Inherently political.'



Race To The Bottom has two new posts: Who Wins And Why, in which they hedge their bets a bit about their earlier prediction of a Churchill win, and The Obama Effect, in which they hedge their hedging.

Update: The comments to the RTTB "Prognostication" post include one from Professor Thomas Brown, who notes

*All* of the fabricated facts are still unaccounted for. Churchill's defense is that when he said that Army officers passed out blankets, he really meant the local Indian agent, not the Army. When he said that Army doctors violated quarantine, he really meant a fur trader doing home remedies, not Army doctors. When he said blankets came from a military infirmary in St. Louis, he really meant that a fur trader brought them from Baltimore. And when he said Mandan Indians at Fort Clark, he didn't really mean the Mandans, he meant all of the Plains tribes to the north of Fort Clark.

In other words, Churchill no longer defends any of the fabricated elements of his published tale. The Army, the Mandans, and Fort Clark have all disappeared from his latest conspiracy theory. If he can bamboozle an intelligent law professor with such nonsense, then I think he probably bamboozled the jury too.


'There is no truth.'



Vince Carroll over at the Denver Post notes the ironic dichotomy between Churchill attorney David Lane and CU attorney Patrick O'Rourke.
Of Lane:

Lane called just about everyone a liar during his closing argument. Former Gov. Bill Owens: "He's a liar." The university regents: "lying liars." The university's claims of a fair and unbiased process involving faculty who were actually predisposed not to fire a colleague: lies, lies, lies.

Of O'Rourke:

O'Rourke was more than halfway through his closing argument on behalf of the University of Colorado when I finally heard him utter the word "lie" — and it wasn't even in reference to Professor Ward Churchill.

He never called Churchill a "liar." He never called Churchill's witnesses "liars." He came to the fight of his professional life on his best behavior, all good manners and high decorum[....]

Can you say 'comprachico'?



Not really OT: Ann Coulter thinks that Obama firing the head of GM was just a good start:

Now that we're all agreed that the government can make hiring and firing decisions based on infusions of taxpayer money, I can think of a lot more government beneficiaries who are badly in need of firing.

Just off the top of my head, how about Barney Frank, Chris Dodd and everybody at the Department of Education?

How about firing all the former Weathermen, like Bill Ayers, Bernardine Dohrn and Mark Rudd, whose university salaries are subsidized by the taxpayer?

Nearly every university in the country accepts government money. Is there any industry in America more in need of some "restructuring" than academia? What's Berkeley's "business plan" to stop turning out graduates who hate America?

[...]

When is the government going to get around to firing 99 percent of public school superintendents? They're clearly turning out an inferior product -- i.e., America's public school graduates -- as compared to some of the foreign models now available.

In New York City, spending on public schools increased by more than 300 percent between 1982 and 2001, coming in at $11,474 per pupil annually -- compared to about $5,000 for private schools.

But in 2003, a New York court ruled that graduates of New York City's public schools did not have the skills to be "capable of voting and serving on a jury." (Worse, some kids coming out of New York high schools are so stupid they don't even know how to get out of jury duty.)

'You have a trigger finger, don't you?'



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If Churchill wins, it will be due to the incompetence of the University in handling this lawsuit. Think about it. CU hires this fraud of an academic. Either they didn’t know or knew he was a fraud but didn’t care. Either way, it’s incompetence on their part. What makes a person think that he still couldn’t win in court against such an incompetent institution?

  — Michael K. - 02 April '09 - 13:23
jwp: new conspiracy theory on O'Rouke.



CU is trying to wear out WART and Lane. O'R does a lousy job, Wart wins, then CU brings in the outside big gun for the appeal and crushes Fake Indian who is money-depleted by first trial.



I like.

  — A. Clayton - 02 April '09 - 14:55
Well, for its elegant meanness, I admire it, but do you really think CU's smart enough to figure something like that out?

  — jwpaine () (URL) - 02 April '09 - 15:04
There's no conspiracy to lose. It costs CU just as much to win this trial as to lose it. If they lose, then they spend even more money on an appeal. Why would they play to lose? Forget it. They really are that incompetent.

  [Wm T Sherman] - 02 April '09 - 16:20

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