KOOP Trial Short-Circuits
By Lauri Apple, Fri., June 6, 2003
In the first (and only) minutes of the trial, Evans gave Zunker another opportunity to request a motion for the judge to recuse himself from the case. Zunker said yes, the judge obliged, and that was that. Zunker, who immediately left the courtroom, couldn't be reached for a post-trial comment.
Evans offered to find another judge to hear the case within a few days, but Ellinger's attorney -- his brother Rory -- had flown in from St. Louis and couldn't easily reschedule. A follow-up hearing likely won't occur for several months. Former KOOP treasurer and current City Council Member Raul Alvarez, whom Ellinger had subpoenaed as an informed witness of station goings-on at the time of Ellinger's dismissal, dutifully appeared in court, while other witnesses -- including former KOOP President Eduardo Vera and Treasurer Bob White -- did not. Subpoenas weren't issued until late last week, a spokeswoman for the constable's office said.
"What's really galling," Ellinger opines, "is you had all those people there, and just a few months ago, we had this motion for discovery and the judge said [to the KOOP side], 'I know the Ellingers.' But when the cards are really on the table and they're about to lose, [Zunker] postpones it. That's pretty chickenshit."
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