08292003 - News Article - Supreme Court denies Riga's petition - Conclusions of law, facts due today; judge could rule by Sept. 5 - ROBERT CANTRELL

Supreme Court denies Riga's petition
Conclusions of law, facts due today; judge could rule by Sept. 5
NWI Times
Aug 29, 2003
nwitimes.com/news/local/supreme-court-denies-riga-s-petition/article_9e3f9736-3890-59c2-b204-3b870c5794c1.html
INDIANAPOLIS -- The Indiana Supreme Court on Thursday unanimously denied a petition filed by attorneys for Schererville Town Judge Deborah Riga asking that jurisdiction be taken away from a local court to hear a voter fraud case.

The Supreme Court also said that no motion for rehearing or to reconsider may be filed.

Essentially, that means that Lake Superior Court Special Judge Mary Beth Bonaventura will continue hearing the case brought by Schererville attorney Kenneth Anderson, who ran and lost to Riga in the May 6 Democratic primary.

Anderson won at the polls by more than 80 votes but when absentee ballots were counted, he lost by 11 votes.

Anderson contested the election, which set in motion a series of legal maneuvers that wound up at the Indiana Supreme Court. The court ruled Thursday, placing the matter back on the table in Lake County.

Edward Hall and John Craig, Anderson's attorneys, said they are pleased with the ruling.

"We're thrilled about this," Hall said. "We believe the Supreme Court followed the law. This is certainly a victory for the voters of Schererville."

Robert Vann, an attorney for Riga, could not be reached for comment. Riga also couldn't be reached.

Now it depends on Bonaventura.

The case to overturn the election went to trial Aug. 6.

Attorneys' conclusions of law and findings of fact relating to that trial are due today. Bonaventura has said she will rule by Sept. 5, Hall said.

Hall also said they are asking Bonaventura to invalidate 22 votes.

"If she invalidates 22 votes and remands the Recount Commission to recertify the election results after the fraudulent votes have been thrown out, Anderson will be the winner," Hall said. "In the initial recount conclusion, Riga won by 11 votes. If this happens, Anderson would be the winner by 11 votes."

An election board panel previously voted to uphold the election results, saying corruption was not rampant enough to overturn the results, Anderson had reportedly found at least four illegal absentee ballots from voters who no longer live in Schererville.

Previously, Bonaventura had decided to go forward with Anderson's election contest, and had rejected Riga's petition to stop it. Riga had contended it should be heard in another venue.

No matter what happens next week, it's possible that once Bonaventura rules one side or the other may take the case to the Indiana Court of Appeals, tying the issue up in courts for several more months.