Saturday, September 23, 2017

Crystal Eschert - Charlotte City Council Doubles Down After Court Defeat

The potted plants on Charlotte City Council faced with ever mounting legal fees and what to many seemed a reasonable settlement have decided to double down with your tax dollars and appeal Federal Judge Frank Whitney's most recent decision in the Crystal Eschert vs City Of Charlotte case.

 

Behind closed doors Charlotte City Council again voted against Charlotte Firefighters, whistle blowers and Crystal Eschert.

The vote lead by Mayor Pro Tem Vi Lyles who in a recent debate with Joel Ford said "the city was wrong", apparently changed her mind behind closed doors. Lyles who has a reputation for speaking out of both sides of her mouth often sides with Mayor Roberts and other Democrats tending to vote with her peers.

Republican candidate Kenny Smith when asked if he agreed with the jury's decision in favor of Crystal Eschert back in July noted: "We lost in the court of public opinion". Smith went on to say
“I think we need to close the books and move on,” adding “I’m not going to support an appeal or a new trial.”

That maybe Smith's public stance but apparently behind closed doors he folded like a lawn chair.

Claire Fallon a critic of the fire department and the former chief balked at the idea of an appeal.

But plastic potted plant Ed Driggs who is often so confused he looks amused apparently voted against an appeal.

La Wanna Mayfield followed Lyles and voted to continue to waste taxpayer dollars.

ead more here: http://www.charlotteobserver.com/news/politics-government/article160984429.html#storylink=cpy
In July the City asked Judge Frank Whitney to overturn the jury's decision. The judge declined, and in August he granted a request by Eschert's lawyers that the city pay her legal fees totaling $628,000.00 plus the award for damages of $464,000 and interest.

Read more here: http://www.charlotteobserver.com/news/politics-government/article160984429.html#storylink=cpy

In July the city revealed that they had spent nearly $500,000 in outside legal bills with the firm law firm of Lincoln Derr. The City also spent $214,000 originally investigating the Eschert's claims, $90,000 reviewing department policies.

If you add it all up the City is in the hole more than $2,000,000.00 at this point. The appeal will nearly double the amount that tax payers will pay the city attorney's outside lawyer Sara Lincoln and if they lose they will pay Crystal Eschert's lawyer as well. All told just around $3 Million over a facebook post that was pretty much dead on anyway.

CP's Take:

Sara Lincoln is no match for Judge Whitney. The long serving federal judge is seldom remanded much less over turned. Whitney is well respected student of law, his rulings in the Eschert case show a by the book approach to dealing with the case. The 4th circuit court of appeals tends to fast track high profile cases yet manages to rule on mundane manners with efficiency as well. I'd expect the motion for appeal to be shot down in short order. Should the court hear out the claims by the city, seven months from now this will all about be over.

The facts of the trial forced former Chief Jon Hannan to retire and the city hired an outside consulting firm to review CFD's policies and employment practices. While not a clear admission of guilt it was certainly a result of the events involving Eschert.

In a city and county were democrats are always more interested in the WiiFM (what's in it for me) than doing the right thing, this this is not surprising. There's always a pot of gold at the end of the rainbow only those who get crazy get busted, Bill Culp, Patrick Cannon. But that doesn't keep the potted plants from asking WiiFM?

Not sure what the payoff is for the city attorney but I do know the taxpayers are getting hosed.


Read more here: http://www.charlotteobserver.com/news/politics-government/article160984429.html#storylink=cpy

32 comments:

Anonymous said...

Welp Kenny Smith lost three votes in this home. Would have voted Vi Lyles, but she too lied from public comments to behind closed doors. So she as well just least three votes. Time to write in Mickey Mouse. If leadership in this city can’t stick to what they say publicly, they don’t need to be in office. Think it’s time to relocate out of Charlotte to good old Gaston or Union County. Better yet maybe South Carolina.

Anonymous said...

Agree with the above, Kenny Smith just lost mine and my wife’s vote. To publicly state something to only lie, we don’t need that for a Mayor. We as well would have thrown the votes to Vi Lyles but she as well just played the lie game. We will join the Mickey Mouse write in cause.

Anonymous said...

The people of Charlotte needs to know now just how the current council members and mayor are spending your tax dollars. Pathetic bullying and probable retaliation all over again. Crazy

Anonymous said...

Absurd to do this, so glad we have an election upon us.

Anonymous said...

Vote Smith out before he even gets in we sure don’t need another liars representation. Take the quote of “ I’m a man of my word” how about “im a chicken shit and failed already”

Wasting my money said...

$$$ prior owner paid $750,000 in 2012 city paid $1,114,00 9 months later in 2013. Was this an inside flip?

Anonymous said...

I’m embarrassed to call Charlotte home. How this matter has been handled by people that are considered leadership is a disgrace. Looking back it has been about three years. This leadership group has put this young lady through hell and her family. Every city employee should question how this has been handled. Because each one of you maybe next. We have seen it happen to officers in CMPD. Charlotte doesn’t care about its employees and don’t see that changing anytime soon. Maybe the Charlotte voters need to drain the swap of this trash leading it.

Anonymous said...

#CLTisPrime to #CLTisPrime2Lie worst Council yet, let’s see what 2018 dumps on us all

Anonymous said...

Crystal Eschert was wronged and Crystal Eschert won by proving the lie many of us knew just by reading up on it. A jury of the peers in the community heard the case. That very jury unanimously ruled what Charlotte Fire Dept did was Illegal. So I see nothing to appeal, as members on council already agreed with that very jury. Crystal Eschert deserves better and deserves better treatment then what these leaders have given. What they are doing now is 10x’s worse then the old fire chief did.

Anonymous said...

Welp folks WSOC-TV is reporting now
http://www.wsoctv.com/news/local/city-willing-to-spend-more-money-appealing-lawsuit-by-former-arson-investigator/613311117

Anonymous said...

Our legal system is good, but not infallible. That is why there is an appeals system...and thankfully so.

A win by the plaintiff in district court trial does not void the right of the defendant to appeals.

Anonymous said...

This isn’t a district court trial, maybe read up. This is federal court. You maybe entitled to such, but with that cost interest daily on the award that adds up waiting. They have spent more then the award, so appealing makes zero sense .

Anonymous said...

It can be confusing, but it is Federal District Court for the Western Division of NC--there are Courthouses in Charlotte, Asheville and Statesville. Also have Middle District and Eastern.

North Carolina, South Carolina, Virginia, West Virginia, and Maryland are the Federal 4th Circuit.
There are 11 Circuits for Appeal made of multiple states plus the D.C. Circuit for various congressional & government agency cases.

Then there's the Supreme Court where some cases are heard past the Federal Appellate Circuit--especially if there are conflicts among decisions between different circuits.


The ones in the local courthouse are the NC State Courts: District and Superior in Meck County Courthouse.
If you are trying a criminal or civil matter of STATE law, you start there. If an appeal is involved, it goes to N.C. Court of Appeals, then N.C. Supreme Court (none of the courts listed in paragraphs above).

Some cases have State & Federal questions and can be filed in either court. Sometimes they are remanded from one court to the other. The Eschert case involved Federal questions, so it's in the Federal District Court.


Let's not choose Mickey Mouse but a real candidate.
I agree with write-in vote.
Vote out the liars.
Vote out the incompetents.
A couple are already guaranteed to be out.

This would be an epic time for a serious and qualified candidate to announce a serious write-in challenge.

Anonymous said...

Kenny Smith is holding Jennifer Roberts balls now! Lost my vote as well here in North Charlotte. I would never swing a vote to Vi Lyles either for her actions on this.

Anonymous said...

Above I’m still laughing but reality is Kenny Smith has no balls. Vi Lyles should be Vi Lies instead. I’m moving out of Charlotte in a few weeks, thank the Lord.

Anonymous said...

Hell let’s all write in Joel Ford for Mayor

Anonymous said...

At this point, Patrick Cannon is looking better every day.

Anonymous said...

Glad these folks don’t handle my checkbook, I’d be broke. Glad they don’t handle my brokerage account I’d be making no return on investments. Worst management of taxpayer funds I’ve seen in sometime. The Ferrell case they paid millions before it went to court. The police officer was found to be in the right. We should have not paid a dime. But they were quick to settle that. As for Mr Kenny Smith who I have met a few times. I really believed his vision of the campaign he was running. But since this flip my family will not support someone that can not be true to his word. We all know how Mayor Roberts mislead this city. Most recently her actions on prayer. Then looking across the table at Ms Vi Lyles she as well did the hide in your closet flip so nobody can witness her weak leadership. Good Luck Ms Eschert with your process and I’m glad to have my tax dollars go to you for this mistreatment you were dealt.

Anonymous said...

Bob and Sara sitting in a tree, screwing the people of Charlotte in 1..2..3.. BS

Anonymous said...

Anyone find Kenny Smith’s nuts yet? To think he wants the vote of us in a south Charlotte. Maybe he can ask his wife if he can have them back and put his big boy pants on.

Anonymous said...

At some point dollars from now the city will realize fighting this "won by jury" lawsuit is not going to save the reputation of the city its leaders both appointed or elected. The issue here is they don't want anymore suits coming up from the employees who know the serfdom they exist in. The cover up is always worse. More will come out related to people who condoned nd contributed to how the CFD was run. A detailed audit assuming it is honestly conducted(?) will disclose how money was distributed and used to buy favors and protect individuals who benefitted.

Anonymous said...

Maybe The Feds should be called in as with Cannon and get to the bottom of this “closed door” thing. The elected leaders are just as dirty as they others in city hall. They don’t even support their own police department. It’s more important to celebrate the one year Anniversary of Keith Scott shooting and looting of the city. Does anyone know if they ever held anyone accountable for the retaliation of this woman. I don’t recall seeing anything that they did. If that is true they should all be tossed out of office

Anonymous said...

Kenny Smith doesn't stand a chance unless he gets on the right side of City spending. Republicans will just stay home rather than vote for a spineless twit like Kenny.

Anonymous said...

His public response to this was a highlight and positive for many in voting for him. Since he coward behind closed doors to vote the opposite now. Unless he acts quick to change what mistake he just made, he will lose more votes. Several of my friends were turned off for what amounts to a public back stabbing by him. So he is doing damage and losing votes.

Anonymous said...

Cowards meet behind closed doors !

Anonymous said...

Bring back Harvey Gant for Mayor. Smith has no backbone and Lyles, well is just Lyles

Anonymous said...

“I feel stronger today that we are on firm ground” Kenny Smith
Really Kenny? You are a liar maybe you need to find God and give a little prayer. Because that sin of lying deceit will get you. Maybe I’ll take a knee as I remove your sign from my front yard. I was a supporter of you, now I’m not! You don’t stand up in support of someone to flounder in a closed session. I’m a republican, but just to not have you in office, I’ll vote Lyles! Grow a pair Kenny Grow a pair!!!!!!

Anonymous said...

5:51, I hope you're sending out that message in other forums like twitter and facebook (if you use it). Twitter works because the CLTCC meeting is going on right now and you can watch it here : http://charlottenc.granicus.com/MediaPlayer.php?view_id=2&event_id=61418

if you can stand it. You don't have to watch it for tweets tagged with #cltcc and @cltgov to have an impact.

Vi Lyles is not a good choice, either. Let's write in.

Anonymous said...

This council is useless and has no backbone to do the right thing. Everyone of them knows what and how this case was handled. Why do you think Carlee and Wall are gone. The deputy chief retired and went to Matthews. The Chief retired and the HR head moved on. Lot of back door politics but a few more need to go to include the city Attorney.

Anonymous said...

Trying to keep up with the city of Charlotte is like a drama novel. They have attempted multiple times to toss the case. Lost, attempted to toss the case, appeal and another attempt to tops the case. I saw the news now reports Eschert is appealing. Good for her, play stupid games Charlotte and you win stupid prizes. Now just watch those fees us taxpayers are on the hook for increase. Pay the ruling, apologize and let’s all move on. Oh but wait you are acting like a 400 pound brat kicking and screaming still. Those two running for mayor votes got awfully quiet.

Anonymous said...

Hope all you Char-Meck folks love where you live. I wouldn’t own anything in that shithole city. Poor leadership and poor political agendas. Where is the city manager, I saw Carlee more in the mens room then I have this Jones guy anywhere.

Anonymous said...

CLTCC had another closed session last night about Crystal Eschert.

Do you know what happened?