Sunday, June 21, 2015

The Judge Slams the Door On Me and Opens a Window

As I was telling you, we were at an impasse: I knew the University had been making phone calls about me, but Acting Dean Jan Stewart was denying any recollection of having done so.

Now I was in a fix, because according to the rules, you aren't allowed to swear any new evidence after you've cross-examined. Unless it's rebuttal evidence. And even then, the courts will ask you: if you had evidence of the phone calls before you examined, why didn't you file it?

I didn't file it because there should have been no controversy about it. I didn't want to examine Jan Stewart to prove she made the calls: I wanted to ask her what she said, and under what authority. And that's what I told the judge when we argued the University's Motion to Quash. And in the meantime I did file an affidavit swearing as to what Mrs. Cantor had told me about the phone calls (at my criminal trial.) I also sent the University a letter, with a copy to Jan Stewart, including a link to the official transcripts of my criminal trial, showing them where Mrs. Cantor had disclosed the phone calls, and asking them if they could investigate and possibly help refresh Ms. Stewarts's memory on that point.

The University was still taking the position that I had no right to further examination of Ms. Stewart, and they were now also demanding that the Judge throw  out my evidence of the phone calls, and disallow any further examination of witnesses whom I had not yet cross-examined.

When we appeared before the judge, he read back Jan Stewart's testimony to me, where she denies any recollection of the phone calls. "Why do you still want to examine her? She's obviously  told you everything she knows?" he demanded.

Because she's obviously lying, I tried to explain. But the judge wasn't buying it. He threw out my subpoena. Jan Stewart was off the hook.

Or was she? In a move that surprised me, the Judge decided that I would be allowed to submit written interrogatories, which the University would have to answer, dealing with any issues left unanswered as a result of my initial examination of Jan Stewart. And he rejected the University's demand that I not be allowed to examine Security Chief Martin Grainger, or VP Neil Besner, who had both filed affidavits on the Motion for Summary Judgment. The examinations would proceed, but they must be completed by June 30th  or "there would be consequences.". He also declined to strike my affidavit, saying that he would admit it but give it limited credence on account of its hearsay nature. (Yes, hearsay is allowed on Motions for Summary Judgment.)

And here we are now, heading into the last week of June. The University is still maintaining the position that Jan Stewart does not recall making any phone calls; and at the same time they refuse to undetake an independent inquiry to determine who if anyone did make the alleged phone calls. As of this moment, there is no agreement between the parties as to if or when any cross-examinations of Grainger or Besner will take place. A notice of examination has been served on both Grainger and Besner, but the University is claiming that they are unavailable on the date which has been set down.

They have not as yet offered any alternate dates.

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