Ken Mulvaney for Mayor

News Release

MULVANEY LEGAL FILINGS SEEK DEFAULT JUDGMENT AGAINST DYER, PAGE - BLASTS CITY ATTORNEY'S ILLEGAL USE OF TAXPAYER DOLLARS TO DEFEND DYER

(Orlando) Frederic B. O'Neal, attorney for Orlando Mayoral candidate Ken Mulvaney today filed three motions in the Orlando ballot fraud lawsuit contesting the results of the March 9, 2004 Orlando Mayoral Election.

 The Mulvaney filings seek the following:

    - A default judgment against Buddy Dyer and Ernest Page for failure to comply with Judge Theotis Bronson's order dated April 8, 2004 that denied the Dyer motion to dismiss the election contest lawsuit and ordered Dyer and Page to answer the election fraud lawsuit.

    - A motion in limine to bar participation at trial by Dyer and Page was filed.  When the default judgment is ordered, according to Florida law, Dyer and Page will be barred from participation in the election contest trial.

    - Mulvaney's reply to the Orlando Canvassing Board's answer to the election contest.  According to prevailing Florida law, City Assistant Attorney Amy Iennico is barred from using taxpayer dollars to defend Dyer and Page(Markham v. State (Fla. 1st DCA 1974) and additionally incorrectly stated in the Canvassing Board's answer to the lawsuit a Florida statute that deals with "mail-in ballots" and not "absentee" ballots.

 Additionally, O'Neal has filed a "Notice of Trial" seeking an "immediate" trial as required by Florida Law.

 "Mr. Dyer's attempt to delay this trial notwithstanding, we intend to move this trial forward on behalf of the voters of Orlando," stated Mulvaney.  "The citizens of Orlando need to know that the votes cast on March 9, 2004 reflect the true results and that Mr. Dyer's razor-thin victory was legitimate and not the result of fraudulently obtained absentee ballots," concluded Mulvaney.

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