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Brannon's bond reduced

Tom Hasslinger | Hagadone News Network | UPDATED 14 years, 7 months AGO
by Tom Hasslinger
| April 2, 2010 9:00 PM

COEUR d'ALENE - The suit challenging the Nov. 3 general election is expected to go to trial.

Coeur d'Alene City Council seat 2 challenger Jim Brannon said Thursday he expects to meet the bond payment to continue the fight in court.

The bond is for $5,000, reduced from the original $40,000, after 1st District Judge Benjamin Simpson granted Brannon's motion to reconsider the bond amount on Thursday.

Now Brannon has seven days to post the new total, which he said he plans to do.

"My intention is to bring this to trial so the people can see the results of the election," Brannon said. "We didn't take this lightly from the beginning, and we're not taking it lightly now."

Simpson also on Thursday vacated the April 13 trial date due to several pending motions.

Those motions include reconsidering dismissing the city from the suit, the discovery order and its costs, the interlocutory appeal, the defendant's motion to compel and the plaintiff's motion for an extension of time to answer interrogations.

They'll now go before Simpson at 9 a.m. Tuesday, April 13.

That means the trial date would be scheduled sometime after that.

Brannon, who is challenging his five-vote loss to incumbent Mike Kennedy on grounds that inadmissible ballots had been counted during the election, said he's prepared to meet the bond to go to trial once it's scheduled.

He has already filed a $500 bond, leaving $4,500 to post in a week, and said people have already contacted him pledging financial support.

Brannon's attorney, Starr Kelso, said they were pleased the price had been dropped.

"It's certainly higher than we believe is warranted, but it is a refreshing change," Kelso said.

The new bond amount does not include attorney fees.

The order also excludes potential discovery costs associated with producing and copying documents, and shouldn't be "construed as a limitation on recovery of all other costs, in excess of $5,000."

It does cover fees associated with court filings, fees for service, witness fees and charges associated with reporting and transcribing depositions.

Earlier in the week Kennedy's attorney, Scott Reed, filed a brief in court supporting the $40,000 bond, but said Thursday he agreed with Simpson's decision to exclude attorney fees and some of the other potential costs from the new total.

"I would anticipate they would file a bond and we would proceed with trial," he said.

Should Brannon's suit prove successful, the bond would then be canceled, the order said.

Kootenai County Prosecuting Attorney Barry McHugh said the county is working with Kelso to view a number of documents pertaining to the case.

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