"Not Disposed"

Published by Dick Schaefer, Award-winning, Unpaid, Part-time Contributing Writer and Amateur Investigative Reporter

Date:  8/16/2010

"Not Disposed" ..... such is the current "disposition" of Case # 10GA-CC00030, Larry Miskel v. Ronald Jost ..... at least it is recorded that way on Case.net as of 5:35 p.m. on Monday, 8/16.

The Honorable Gael D. Wood, Circuit Judge of the 20th Circuit, is apparently carefully considering the facts of the case as presented to him by attorneys for both appellant and respondent as well as Missouri statutes and case law.  This judge listened intently to a great deal of testimony given in the case.  He asked questions for clarification and when he didn't thoroughly understand something.  I like this judge!  I believe he will render a well-reasoned decision in this case where appellant Larry Miskel, who lost the election for Presiding Commissioner of Gasconade County to respondent Ronald Jost by only 16 votes out of 2788 total votes cast (< 1%), is seeking a partial recount of certain votes in question.

My personal observations and reflections:

1. As a retired person, I was privileged to be able to sit in for the Miskel v. Jost hearing on Friday afternoon, 8/13.  Not everyone can attend court trials or hearings.  So many of our fellow citizens have to work.  I never attended a court hearing or a jury trial, except for serving jury duty for one court trial, during all the years I worked in the corporate world.  I should have spent a vacation day or two doing so.  I understand that now, but I didn't understand it when I was busy earning a living and making money for my employer.
2. America, for all our problems, is a nation of laws.  Americans have the right to take problems which they cannot otherwise resolve into a court of law.  We have the right to have our case heard by an objective third party and in some cases by a jury of our peers.  We take that right for granted, it seems to me.  It was reassuring to see the legal system applied to the case of Miskel v. Jost.
3. I was proud of all who participated in the Miskel v. Jost hearing.  Appellant Miskel and respondent Jost were both civil and respectful.  The attorneys for both parties (P. Dennis Barks, representing Miskel and Brett J. Hellmann, representing Jost) were civil, respectful and well-prepared.  Judge Wood was very engaged.  He listened closely to attorney arguments and to witness testimony, and he asked penetrating questions.  The witnesses (Mayor Miskel and County Clerk Lietzow) were both competent to give sworn testimony, and they both gave truthful testimony.  All participants played important roles in terms of exposing details of the contested issue so that Judge Wood could understand the facts on both sides of the case.

To all Hermann Hearsay readers, if you've never taken the time to attend a court hearing or a court trial, I recommend that you do so some time.  You will learn a lot, and like me, you will be reassured that our American legal system works.  Perhaps it doesn't always work perfectly.  But it does work pretty darned well!