Earlier we showed you some of the fireworks from this morning's session of the DFC's public hearings. Well in the afternoo0n, Glenn Godfrey set things askew when he appeared with his new attorney Elson Kaseke. Here's what happened.
Former DFC Chairman Glen Godfrey appeared with his new attorney Elson Kaseke and his former attorney Dickie Bradley sitting nearby. Kaseke brought a letter that counsel for Merlene Bailey-Martinez Lois Young Barrow had to review. Co-chair Bailey-Martinez read the letter.
Merlene Bailey-Martinez,
"'Our instructions are that several summons were issued though none was served on client. None of these summons indicated the reasons why our client was being sought. We will ab-incio take several objections against your Commission's hearings. We will more particularly flesh out our objections in our oral presentations before your commission. Lastly be inform that our appearance and the appearance of our client along with us, based on our advice, should not be viewed by your commission as an acquiescence by our client as to the jurisdiction, legality, or impartiality of your commission which we challenge."
After a brief break to deliberate the commission called Godfrey and his attorney to the front table.
Herbert Lord,
"In view of the fact that he does not have a copy of the updated forensic accounting for you to look at and to decide based on what I have just passed to you, the areas and parameters in which we will be looking into, we will be obliged to deal with other wise, possibly looking to an adjournment to deal with that part."
Glen Godfrey, Former DFC - Chairman
"Mr. Commissioner I am prepared to waive any service of that because my legal advice is concerned that that forensic audit report you have there is not worth the paper it is written on. The best advice would be to try to recover whatever money, the $715,000...."
Merlene Bailey-Martinez,
"Mr. Godfrey."
Glen Godfrey,
"Please let me finish."
Merlene Bailey-Martinez,
"I need to interrupt you at this point. I am taking the Chair at this point and in taking the chair at this point, I will appreciate it if you would not cast any aspersions or make any derogatory remarks about 1) a document that you have never seen, according to the letter from Mr. Kaseke, and I don't know who understand it from but this commission will be used for you to make that kind of comment based on some information you received from somebody else on a document that the commission has tabled. The matter of waiving your rights, the commission is of the opinion that is not the road we want to go down and you have obviously not waived your rights or we would not have been told that you have not received any information on the questions that you are going to be asked. This letter cannot be construed as you waiving your rights on that matter. And so the commission will be giving you the information that you need to have in order to prepare a proper defense or a proper testimony...one minute Kaseke...Mr. Godfrey you wanted to say something."
Elson Kaseke, Attorney for Glen Godfrey
"I will speak for him."
Herbert Lord,
"Mr. Godfrey can speak for himself if he wants to...you are the counsel for him and you are writing saying that we are to serve everything we have on
to you but Mr. Godfrey seems to be saying different."
Merlene Bailey-Martinez,
"We will do so expeditiously and when Mr. Godfrey is summoned as a result of this letter, then you will come back and make whatever presentation you have. That is the purpose of having you here at this time."
Herbert Lord,
"Mr. Bradley while Mr. Kaseke and Mr. Godfrey are consulting, the package we passed to you for Mr. Godfrey has that been passed on subsequently to Mr. Kaseke and Mr. Godfrey...you've sent it....okay thanks."
Elson Kaseke,
"My instructions are the commission can disclose whatever it needs to disclose to us now."
Glen Godfrey,
"The service we refer to is service for the summons to appear today. We are here today. We want to give an appearance. I have come a long way to be here. I have businesses abroad. I am coming at great expense. I would really like to get on with this hearing. We are prepared to speed it up by, we're not saying we're being ambushed or anything. If you give us the notice of the things you want to question us about, we would take fifteen minutes and then we can proceed. I don't want to waste time."
Merlene Bailey-Martinez,
"Mr. Godfrey you're saying that but the letter is saying otherwise, that you have some concerns over the service and you have some concerns over disclosure. Are you now that that is not so?"
Elson Kaseke,
"Well I am instructed by my client to say that that is what he is saying."
Glen Godfrey,
"Just give us a few minutes and then we come back."
Merlene Bailey-Martinez,
"But I have to finish with Mr. Gabb so it will be a matter of time. So we are not sure and the commission.."
Glen Godfrey,
"Chairman I am prepared to go on until twelve o'clock tonight to get this thing over."
Merlene Bailey-Martinez,
"No we don't have that option sir. We do not have that option."
Elson Kaseke,
"Are we allowed to ask the commission why?"
Merlene Bailey-Martinez,
"Because the Commission has a time frame with which it operates, Mr. Kaseke. You said normal business hours here, the commission has a timeframe within which it operates. We do not want to have a situation where any testimony that Mr. Godfrey gives at this point in time is subject to some adverse judicial review because he was not properly served and the information was not properly disclosed to him. Mr. Godfrey you will be properly served, that is the decision of the commission and we don't want to disrespect the other witness to the extent that we have already, to inconvenience the other witness to the extent that we have already. You will be properly served. You can indicate to the commission or you could sit down with your attorney to find out an appropriate time."
Glen Godfrey,
"I have business abroad and I have to travel back and forth and sometimes I would need at least three days notice."
Merlene Bailey-Martinez,
"When are you leaving Mr. Godfrey?
Glen Godfrey,
"I'll be leaving tomorrow."
Merlene Bailey-Martinez,
"Then we'll have a problem with service again."
Glen Godfrey,
"That's why I say if you..."
Merlene Bailey-Martinez,
"We don't have all the documentation here sir. We do not have all the documentation to serve you. The ones that we had given to Mr. Bradley that Mr. Kaseke said he, what did you say, he mailed it? He mailed the documentation?"
Elson Kaseke,
"I say Mr. Bradley..."
Merlene Bailey-Martinez,
"How did you deliver it, how did you get to Mr. Kaseke Mr. Bradley."
Elson Kaseke,
"We are objecting to Mrs. Barrow. I don't know if she is part of the commission. Why is she here?"
Herbert Lord,
"Would next week Tuesday be too late?"
Glen Godfrey,
"Nest week Tuesday I think will be fine."
Herbert Lord,.
"10 o'clock in the morning."
Glen Godfrey,
"Ten o'clock in the morning is fine."
Herbert Lord,
"Can we set that date and agree to that now?"
Glen Godfrey,
"Absolutely."
It's set for next Tuesday, but straightening the Godfrey situation took about 50 minutes, and after that Gabb testified again. We'll have some more of his afternoon session later on in the newscast, so stay tuned.
