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October 12, 2000 Article: Total Recall - Tacoma Reporter Frank Driscoll writes about the Recall of Pierce County Auditor Cathy Pearsall-Stipek. [Visit the Recall Cathy campaign website, Honesty Counts]

On Sept. 28, 2000 Washington State Supreme Court ruled that the Pierce County Auditor Cathy Pearsall-Stipek is guilty of "false swearing" and subject to a recall effort pushed by Dale Washam. The petition drive campaign will be managed by Diane Rhoades with petitions available soon.

On August 23, 2000 Auditor Cathy Pearsall-Stipek takes the stand in Thurston County Superior Court giving testimony in the trial for election law violations that occurred during the General Election in 1996.

9th Circuit decides - Susan Coffey won a new trial when the 9th Circuit Court of Appeals overturned Judge Jack Tanner's decision tossing out a unanimous jury decision of excessive use of force against Coffey at the secret warehouse in Pierce County during the 1996 General Election. The second trial occurred on Sept. 18, 2000 and lasted 2 days. The jury took 90 minutes to return a damage award of $1 compensatory $1 punitive to Coffey.

Pierce County Auditor Cathy Pearsall-Stipek found guilty of violating the state's Open Public Meeting Act, Thurston County Superior Judge Christine Pomeroy rules on Oct. 20, 2000. The judge also tossed out the $240,000 damage award a jury gave James Loeffelholz, the off duty sheriff deputy who claimed he was defamed by reports of the assault. The judge found jury misconduct as the reason for tossing out the jury verdict, something she has only done one other time during her eight years on the bench. See the trial exhibits.

On Nov. 17 the judge ruled that James Loeffelholz will have to pay defendants' attorney for the defense in this matter. Additionally, the judge will be forcing Pierce County to pay the legal fees incurred by CLEAN and Shawn Newman for violating the Open Public Meeting Act.

In March, 2001, Judge Pomeroy ruled that Pierce County must pay CLEAN's attorney Shawn Newman $50,000 plus 1/4 of the expenses submitted and awarded Hugh McGavick, the three private citizens' attorney, $50,000. Pierce County has paid their private attorney Tom West $80,713.10 to defend Pearsall-Stipek for violating the state's Open Public Meeting law. We have no idea how much West has been paid for to go after CLEAN the the three private citizens that began this fight.

Is $180,000 of taxpayers enough to spend harassing private citizens and a non-profit organization? We certainly believe so, but have found no way to date to resolve this legal mess that keeps costing taxpayers more and more money. The Pierce County Council should be asked why they continue this losing battle.

On March 23, 2001 Judge Pomeroy heard arguments over the findings of fact regarding the election law violations as well as the SLAPP suit - the two issue CLEAN and the three private citizens prevailed on, triggering the award of legal fees. The order is scheduled to be signed by Friday, March 30, 2001. The legal fees will accrue 12 percent interest until paid. Pierce County's attorney, West, announced their intention to appeal these decisions - continuing to spend taxpayer money in pursuit of covering up the assault at the secret warehouse where 28,000 ballots were remarked during the 1996 General Election.