I have read about as much of Kelley’s final brief as I can bring myself to read at this time which is to say I got through about half a dozen pages before I had to stop lest I start to claw my eyes out. I thought of having Acrobat read it to me but I was afraid my head would explode! Kelley’s rant will make the rounds at the Department and at the Attorney General’s office where it will cause a lot of head shaking and muttering. I pity the poor people whose job it is to actually read all 44 pages so they can render an official opinion on it. My official opinion? It is just more of the same: Kelley braying ad nauseum. I won’t be wasting any more of my time on it. I’m sorry I wasted precious ink and paper printing it out.

[UPDATE] Well I finally finished reading Kelley’s brief. It wasn’t easy. What a sad excuse for a defense, if you ask me. He introduced all kinds of evidence that is not in the record, a procedural no-no. My motion to supplement the record with additional information was DENIED by Heather Parent, hence I was unable to refer to that material in my closing arguments. Kelley offered NO RELEVANT TESTIMONY at the public hearing. He made up for that with his 44 page tirade.

He also raised issues that are totally irrelevant to the determination of a water level for Clary Lake for example, he’s still trying to play the dam safety card. He also claims my testimony should be stricken from the record because I’m no longer a licensed land surveyor, but I didn’t testify as a licensed land surveyor.

I am confident the Department will give Kelley’s closing brief all the attention it deserves: None.