While true that a temporary order is granted upon a one-sided sworn statement, there is plenty of opportunity to cross-examine or refute the allegations at the hearing on a permanent Order of Protection. I think you go a bit far to claim that Judges are advocates in dealing with these cases.
It will be interesting to see if Rep. Herbig drops it or seeks a permanent order. If what she alleges is true, I doubt she drops it. Rep Cornell D'Ouche will slink away into the shadows, lick his wounds, hopefully withdraw his candidacy for reelection and be happy he was not charged with a crime.
Given the pile of crap that has been brought upon her by filing the request for protection order (e.g. this thread, BDN & PPH newspaper comments including robo-commentary from Naran), it would seem unlikely that Rep. Herbig would have subjected herself to this without having some legitimate concern for her safety and the allegations are certainly more than enough legal grounds for a permanent protection order to be issued. Bowdoin wonder boy can refute them in Court if they lack merit. If they lack merit, he almost has to fight it in court given the hit to his reputation.
Calling for both of them to resign seems a bit reactionary as applied to Herbig, but perhaps not for him.
I'm a little surprised the PPH has it on the front page, seems like they would have ignored it, they are both Dems. Doesn't Sussman like them?
It sells papers like a living tabloid.
Bruce, I was referring to Rep. Cornell du Houx's quote: “We lived together for almost a year and were engaged to be married...”
The Bowdoin Orient chimes in:
"We lived together for almost a year and were engaged to be married and I have the highest respect for Erin. The statement is completely false. This is a personal matter between Erin and myself over an engagement that sadly did not work. This is just the messy breakup of a loving couple," du Houx told the Orient by phone, repeating almost verbatim a statement he sent via email to The Bangor Daily News.
This statement makes it very clear that at least one of them, if not both, has a residency issue with their jobs, and maybe with voting in local elections as well.
The article mentioned that the gentleman suitor is " a Marine and Iraq war veteran" and has a concealed weapons permit.
Hmmmm.... the thought pops into my head: DINO?
It will be interesting to see if Rep. Herbig drops it or seeks a permanent order.
It doesn't have to be a permanent order - typically these are one-year orders. The defendant can get it dismissed by showing that the claims of unwanted attention are baseless. Again, no criminal action or intent is required to get an order issued.
I think you go a bit far to claim that Judges are advocates in dealing with these cases.
lol. You owe me a new monitor!
It may be that she will reconsider her rejection of him.
That might take place at a later date, as I see a combat related PTSD settlement in his future.
Probably a big one.
No, not you I was quoting O'briens' post.
If du Houx resigns, would that set the stage for a Republican v Green contest for his Brunswick house seat?
There is an updated news story on this in the BDN. There is new information from Capitol Police Chief Russell Gauvin and a spokeswoman for House Democrats, as to how this situation escalated and what they tried to do about it.
[url=http://bangordailynews.com/2012/05/04/politics/police-tried-to-isolate-b... Information from BDN[/url]
One of the comments beneath the story:
........" Cornell Du Houx is the son of Ramona Du houx, the author of a highly slanted democrat blog http://maineinsights.com/ and also a democrat insider........... The democrat leadership would rather sweep this under the carpet and hope it goes away instead of protecting Mz. Herbig".........
......"If they will do that to one of their own, what do you suppose they would do to a poor defenseless taxpayer?"........
Tom C, Cornell Du Houx is no DINO.
On the contrary, he is a true believer in all things progressive.
...especially women's rights.
How would this have played out if these were Republicans?
Oh, the horror, the horror!
This is an interesting idea. When a Republican appointee was merely accused, and baselessly, it would seem, of domestic vioelnce, the goverornor demanded he resign his appointmentment.
When the fellow was exonerated the only consolation was: "S%cks to be you!"
However, what demands have been made on this recent fellow, who has already demonstrated abusive-type activity?
In order words, do domestic violence initiatives work to trip up innocent people, while giving abusers too much slack? Do they do the OPPOSITE of what they purport?
Did you see some of the comments after the original article? There are liberals trying to say that LePage and Republicans are to blame for this situation. And they actually believe it. Astounding.
I just remember our "tough" governor buckling like a wet cardboard box under the harpies' call to get rid of an appointee who was merely accused, baselessly probably, of domestic violence.
Then the harpies have been in Defon-1 mode for the last three month covering up for one of their own.
The hypocricy exposed. It is sweet.
"Nineteen and going south."
Liberals start slamming of Herbig: See bizarre comment at the bottom of this article.
What do you expect? It's his "Mummy".
The reason I say they should both resign, is that Herbig's actions would indicate she has neither the maturity nor the common sense to serve in the House. Nobody made her start the relationship with du Houx. According to news reports, she was married to someone else at the time, and her actions have damaged her reputation, her ability to serve the public, and her credibility.
I do not totally buy into the "she's a poor victim" mentality. There is no question that if du Houx has done what she alleges, it's wrong, and she deserves protection. However, that doesn't excuse, or erase, her own poor choices and lack of good judgement.
That's why I say they should both resign. Presumably, they would be replaced by Democrats, at least until the election in November. In that manner, the House could get on with the state's business, minus these distractions and scandals.
It is not surprising a man like this would support women's rights.
If he is engaged to a married woman of course he would want her to have an abortion.
If he is willing to threaten to kill someone he loves, of course he thinks most other men would too.
As to living together, most Legislators have an apartment or place in Augusta where they stay during session. If this were serious grounds for removal, Aroostook and Washington counties would never have representation because their delegations would either lose residency or die of exhaustion trying to commute.
Liberals start slamming of Herbig:
Remember what the harpies tell us:
"Women don't make false accusations - unless they are accusing a DEMOCRAT! Then they're psychopathical liars!"
In response to post #28 he obviously failed truing in the Marines!
An interesting quote from Brunswick place. "He said he didn't have a gun". yet he states he has a CWP .
Now it would not be a far fetched conclusion that he doesn't have it in his possession , so he couldn't surrender it ??
I know I will regret asking this but maybe TJC could clarify ,if judge can order him to surrender gun,why couldn't police search for it ,as stated interview w/ police.
Please do not turn this into a 2nd issue , I do not believe he should have one at this time and I'll leave it at that!
I believe that Alex has a right until deprived at a fair hearing. He also has the right to remain silent, though perhaps not the ability. If they have probable cause to believe that there's contraband at a particular place, at a particular time, cops can probably get a search warrant. Having a CHP does not equate to possession of a firearm.
At least one poster in the "comments" section denies that he has any firearms. I spend lots of time in Brunswick, and have seen the quite progressive Alex "around", but never at C&R Trading..
It doesn't equate, but why would someone have a CWP and not a gun? Sure, he wouldn't need to show that he'd taken a course if he produced his DD214, so it's easier for a vet to get a CWP, but, still, why go to the trouble of getting a CWP just to have one?
Secondly, guns are like potato chips - who has just one? If he gave his pistols to a friend, would he have to disclose that? If he OWNS guns that are not in his immediate possession - should that be disclosed? Sometimes guns will be surrendered to a "friend" in cases like this, but that is usually disclosed.
Then the judges' order is a suggestion?
Tom C I agree this does not make sense but given the circumstances why would it! Putting together CWP and no gun equals why to me ,and doesn't compute!
This also smells like Brunswick Police do not want to step in any of the do do around this mess , in some ways I do not blame them!
I'd expect that a progressive in Brunswick would be under a lot of pressure from his red/green, commielib, anarchosyndicofeminist, transgendered live-at-home-with-no-job-post-Hampshire-College-graduation constituents to NOT have a gun, even if he had one at one time. In short, it's plausible (in the mythbusters sense) that he could have 'unloaded' it for political reasons.
I'm not sure that's the case. I think he was ordered to surrender any firearms when served with the TRO.
That would be a gross miscarriage - that one could have their right to possess firearms releived under their personal protest when they had not had an opportunity to address the complaint.
IIRC, an emergency TRO can be issued on a simple complaint - the defendent usually has three days to answer it after it's issued.
So SHE goes to court and swears out a hysterical complaint. The judge issues the TRO based on this complaint. He has three days to answer. (That's why Wednesday is "protection from abuse order day" in most Maine courts - most TROs are issued on Friday so the defendent can stew over the weekend. I recommended every Maine citizen attend one of those to get an idea of the complete dysfunction of the legal system.) IF he shows up in court within three days to protest, the judge will slap a "mutual" on them, (unless the complaintant doesn't show) and schedules a hearing for later. The judge will usually issue the "mutual" regardless of the credibility of the complaint or complaintant.
As part of the "mutual" he may include such restrictions as not possessing any firearms.
And then the legal farce really begins!
RamonaHoux 18 minutes ago
Erin lied in her protection from abuse order which required Alex to surrender any firearm to the police. Erin checked the box on the order that said he had a firearm. She knows Rep. Cornell du houx does not own a firearm. He never has. That’s a matter of public record that the Brunswick Police have confirmed today.The couple celebrated their engagement at our house on Christmas they then went to Vieques on a vacation.
Erin is on three medications just to keep her stable. In college she
was institutionalized after she attempted suicide and cut herself. She
tried to destroy the career of her track coach at Boston College with
allegations that he verbally abused her. The college was embarrassed and
settled. The Coach is still there. If her allegations had any merit
why is the coach still there?She has a history of making false allegations.
I know I have implicit trust in anything Momsy Moonbat says; she's right up there with Edgar Alan MoonBeem in the trust department.
I do not believe that "he was in the past issued a permit to carry an item anywhere or any time" is probable cause to believe he has one at his house, now.