The Factual Basis is the heart of the action motion. It should
state the facts in a manner that vindicates the Accused. This is an
opportunity for unanswered advocacy; to take full advantage of the
opportunity to present the facts as you and your client perceive them.
Under all four of the basic systems of advocacy you have an opportunity
in this part of the Action Motions 2K10 to clearly individualize the
issues to your client.
Write these facts plainly so that any lay person can understand
the injustices done to your client. Give great consideration to the
effect each aspect of the motion will have on the model of
representation you are using.
of Factual Basis
Randall Sherrod Is Using The Disqualification/Recusal Motion Of
Judge Pirtle As A Delaying Tactic
one believes that by attempting to disqualify Judge Pirtle,
Randall Sherrod is seeking fairness for Douglas Palmer in a judge,
or fairness in any other way, that person is a prime candidate to
purchase the Brooklyn Bridge. Randall Sherrod does not think Judge
Pirtle is a material witness. Randall Sherrod is not seeking a
fair trial for Douglas Palmer. Randall Sherrod only wishes to
delay the presentation of evidence against Dr. Erdmann. Randall
Sherrod wants to continue his cover-up of Dr. Erdmann's
unprofessional and criminal behavior.
No Evil, Hear No Evil, And, By All
Means, Speak No Evil
Sherrod, Mr. Hill and Mr. Ware were like the Three Monkeys who
saw, heard and spoke no evil. Sherrod sees no evil in Erdmann's
failure to document his findings. Hill saw the evil in Erdmann's
biased opinions and put a stop to it in his jurisdiction, but
failed to warn County Commissioners throughout the state who were
still using Erdmann to perform hundreds of autopsies each year.
Ware also saw the evil flourishing in his jurisdiction, but he put
his fingers in his ears when law enforcement officers asked him to
do something about it.