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 HE'S GOING THE DISTANCE
THE MORNING MAYOR SHOW KMPH 840 AM Daily at 10 The valleys only local talk and news radio show January 7, 2008 The Sabatino Report Tuesday, Joan Clendenin and John Shores will discuss the Measure M proposal for charter review election. Listen to the Morning Mayor Show on KMPH 840 AM at 10. Breaking News Frank Carson, attorney for former Mayor Carmen Sabatino requests an out of county judge to hear the lawsuit filed by the Mayor against the City of Modesto. The suit contends the City illegally spent tax payer money to confuse the voters and slant the advisory election. FRANK C. CARSON, ATTORNEY AT LAW 811 Fifteenth Street Modesto, CA 95354 Telephone No. (209) 549-0984 FRANK C. CARSON (CSB #136261) Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF STANISLAUS CARMEN SABATINO, ) Case No.: 620253 ) ) MEMORANDUM RE: Plaintiff, ) PREVIOUS RECUSALS BY ) THIS COUNTY’S JUDICIARY v ) AND POTENTIAL CHALLENGES ) FOR CAUSE CITY OF MODESTO, and DOES 1 ) THROUGH 100, inclusive, ) Date: January 22, 2008 ) Time: 8:30 a.m. Defendants. ) Dept: 15 __________________________________________) STATEMENT OF FACTS The plaintiff, Carmen Sabatino, is a retired former politician and past Mayor of the City of Modesto. In a prior case, People v. Carmen Sabatino (1061284) the entire judiciary of Stanislaus County recused itself from hearing the case or any part of it. This blanket self-recusal necessitated a judge being borrowed from San Joaquin County to hear the case. The case went to trial, mistried and eventually all charges were dismissed. The litigation involving that case and related issues extended into early 2007. ISSUES It seems, therefore, appropriate to again bring in an out of county judge who is unconflicted, does not reside in the city of Modesto, nor is a potential voter in the district elections that are the / / / / / subject matter of this litigation. Should an attempt be made to bring Judge Franklin Stephenson (of San Joaquin County) back to adjudicate the matter, the plaintiff will challenge him for cause. The plaintiff will challenge any conflicted judge or magistrate assigned to decide in this case. Respectfully Submitted, ________________________ Frank C. Carson
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