Simultaneously on 12/23/03,

Defendant Howard Dean managed to state to that he “completely pulled ourselves out” of the Judicial Watch lawsuit where Dean is named as a defendant,

www.boston.com/news/politics/president/articles/2003/12/23/dean_seeks_distance_from_suit/

and Defendant Howard Dean, through counsel, appeared and filed an answer to the Judicial Watch lawsuit calling for dismissal of the same.

abcnews.go.com/wire/Politics/ap20031223_2227.html

Huh, how does a defendant to a civil lawsuit “pull out” and wash their hands of the matter? Answer: they can’t.

Deception, smoke and mirrors will not hide the plain truth that Defendant Dean filed an answer to the Judicial Watch complaint on the same day he stated that he was distancing himself from the suit. Defendant Dean’s papers requested that the suit be eventually dismissed.

The fact is that defendant Howard Dean can not lawfully “pull out” of this dispute and, in fact, regardless of what lawyer filed Dean’s pleadings in Vermont Superior Court on 12/23/03, the filings belong to Dean not to his counsel on the case. These papers have the same legal force and effect as if they were penned by Dean’s hand. They were filed with the consent and authorization of Defendant Dean.

Dean’s lawyer, William Sorrell, is prohibited from filing anything on Howard Dean’s behalf that is not consented to by Dean himself pursuant to attorney ethical considerations.

Dean’s contradictory statements and conduct on 12/23/03 are the ultimate test of just how gullible are his supporters and how long the media will overlook his deceptive conduct.

See Also, Howard ‘no comment’ Dean,

sandiego.indymedia.org/en/2003/12/102191.shtml

It seems as avoidance and deception are Dean’s preferred methods of handling tough issues. Under a legal analysis, Dean’s concurrent “pull out” and court filing, move his rhetoric to the classification of a common lie.

The irony of Dean delegating to the Vermont Attorney General, William Sorrell, is the vast conflict-of-interest between these two cronies who have been friends and allies for the last quarter century. See Affidavit below……

State of Vermont
Washington County, SS.


Washington Superior Court
Civil Action, Docket No. 656-12-03 WnCv

JUDICIAL WATCH, Plaintiff,

V.

STATE OF VERMONT,
DEBORAH L. MARKOWITZ,
GREGORY SANFORD,
HOWARD DEAN, Defendants.


AFFIDAVIT OF SCOTT HUMINSKI CONCERNING DISQUALIFICATION OF THE VERMONT ATTORNEY GENERAL’S OFFICE



NOW COMES, Scott Huminski (“Huminski”), pro se, under oath and hereby deposes and swears as follows:

1) Attached hereto as Exhibit “A” is a true and correct excerpt from a Boston Globe article of 9/22/2003 entitled A Meteoric Rise in Vermont Politics.
2) Attached hereto as Exhibit “B” is a true and correct excerpt from a
transcript of Howard Dean’s Burlington, Vermont speech of 6/23/2003. In Exhibit “B”, Howard Dean acknowledges and thanks the Sorrell family prior to his own mother and brother.
3) Attached hereto as Exhibit “C” is a true and correct excerpt from the Vermont government website regarding Vermont Attorney General William Sorrell.
4) Attached hereto as Exhibit “D” is a true and correct excerpt from the Brattleboro Reformer article of 1/04/03 entitled Dean Bids Adieu.
5) Attached hereto as Exhibit “E” is a true and correct excerpt from the George Washington University, Democracy in Action, July 7, 2002, Peter Freyne interview.
6) Attached hereto as Exhibit “F” is a true and correct excerpt from the Rutland Herald article of 7/12/03 entitled Supreme Court Process is Less Bruising in Vt..
7) Attached hereto as Exhibit “G” is a true and correct excerpt from the Rutland Herald article of 6/11/03 entitled Six on Short List to Fill Supreme Court Vacancy.
8) In September of 2002 Howard Dean agreed to review the report concerning the 2001 police shooting of Robert Woodward produced by William Sorrell’s Vermont Attorney General’s Office at the request of the Friends of Woody organization and Howard Dean also agreed to read a similar second report generated by the Friends of Woody contradicting the Attorney General’s report.
9) In 2002, upon accepting the task of reviewing William Sorrell’s office’s report on the Woodward shooting, Howard Dean failed to alert Justice for Woody members that he had a very long-term and close relationship with William Sorrell and Sorrell’s family.
10) Howard Dean chose to endorse William Sorrell’s report concerning the Woodward shooting for the reason stated in Exhibit “E” that Dean had respect “for the attorney general as a human being and as a really smart lawyer. He is not somebody who has ever been afraid of prosecuting the police when it was necessary to do so, so that's why I do have confidence in the attorney general.”
11) Upon information and belief, in the Woodward matter, Howard Dean’s duty to support and promote his long-term friend William Sorrell (see above paras. 1-7) conflicted with; (1) his duty to the people of Vermont, (2) his duty to his oath of office, and (3) his duty to further the cause of justice and fair play as set forth in both the Vermont and federal constitutions.
12) Upon information and belief, William Sorrell and his Vermont Attorney General’s Office will return the favor(s) from Howard Dean set forth above in the instant litigation conflicting with his duty to; (1) The people of Vermont, (2) the Vermont and Federal Constitutions, and (3) State and Federal law.
13) Upon information and belief, William Sorrell’s duty to Howard Dean conflicts with and exceeds his duties to the people of Vermont and the State of Vermont.
14) This affidavit will be followed by the appropriate moving paper after an appearance for the defendants has been filed with the Court.

Dated at Cary, North Carolina this 19th day of December, 2003.


_________________________
Scott Huminski, pro se


SWORN AND SUBSCRIBED to before me this 19th day of December, 2003



__________________________________
Notary Public Exp. ______





Exhibit “A”
www.boston.com/news/nation/articles/2003/09/22/a_meteoric_rise_in_vermont_politics/

Boston Globe
A meteoric rise in Vermont politics
Younger sibling's death may have been catalyst
By Sarah Schweitzer and Tatsha Robertson, Globe Staff, 9/22/2003

(excerpt)

It seems clear that Dean was always intrigued on some level by politics. He was an elected prefect at St. George's and in 1977, shortly before entering medical school, Dean scouted office space for Ed Koch's first New York City mayoral run, though neither Koch nor his campaign workers remember him.

Yet he could never fully immerse himself. Something, it seems, held him back -- until he left New York. Midway through his second year of residency in Vermont, shortly after Judy joined him in the same program, Dean plunged in, starting with a phone call to Jimmy Carter's local organizer and a neighbor, Esther Sorrell.

Sorrell was the doyenne of Democratic politics in Burlington, credited with helping to revive the Democratic Party in Vermont after more than a century of Republican governorships. Sorrell, who died in 1990, was a state senator with a vast array of supporters, many drawn from the ethnic base of onetime mill workers.

Dean's connection with Sorrell was magnetic. She was taken with the smart young doctor who stuffed envelopes for her political causes and, upon occasion, attended Catholic Mass with her. "It was just like having another son," said Lorraine Graham, a Sorrell friend.

Dean was awed by Sorrell's political instincts and connections. Soon Dean was leaving Judy on her own Friday nights to spend them at Sorrell's salon, camped in her living room in the turreted corner of her modest home. There, Dean and Sorrell, and a handful of party stalwarts, ate cherry pie and watched "Washington Week in Review" and "Vermont This Week," the women offering critiques and sharing war stories while Dean listened.

"He was a sponge for that stuff," said Bill Sorrell, Esther's son, whom Dean would later appoint state attorney general after failing in an effort to have him named to the state Supreme Court.

Exhibit “B”

www.gwu.edu/~action/2004/dean/dean062303/dean062303spt.html

George Washington University Online Transcript,


"The Great American Restoration"
Gov. Howard Dean
Burlington, VT
June 23, 2003

TRANSCRIPT -- TRANSCRIPT – TRANSCRIPT

Thank you! You are unbelievable. Thank you. Thank you. You are unbelievable. Five thousand people here and they had to shut--the fire marshall shut the place down; there's people behind us. I appreciate your sticking with us; I know the sound system doesn't go that far back. Thank you so very, very much. I really appreciate it.

Let me thank Peter Clavell, who's been a great friend, a parent and a great mayor for many, many years. I think it's 14. Let me thank Jim Jeffords. I am so proud of Jim Jeffords' courage. The courage to stand up for what's right in America and put his principles before party.

And let me thank the senior Senator from this incredible state, Patrick J. Leahy, who has stood up, who has stood up for civil rights before it was fashionable and stopped right wing judges from being appointed to the Supreme Court. Patrick Leahy, thank you so very, very much.

And I want to thank Gray. Isn't he unbelievable? Gray, your generation is fueling this campaign to take back this country so that your generation will inherit an America that we were taught to believe in.

It is great to be home. It's where Judy and I got our start as parents and doctors. It's here in Burlington that our children Anne [phon.] and Paul were born. Just up the street is where I first met Esther Sorrell, my mentor, who gave me so much guidance and without whom I would not be standing here today. And I wonder, somewhere in this audience, is her granddaughter McKenzie [phon.] Sorrell and her daughter McKaila [phon.] Sorrell Wallace. Are they here anyplace? Alright. Thank you so very, very much.

And it's from here that I drove to Montepelier in August of 1991 to become the governor of this proud and remarkable state.

I thank Judy, my children, my family for their unconditional love and support: my father and my brother Charlie for their inspiration and eternal presence in my life, my mother and brothers Jim and Bill, who sustain me to this day.

(click on the above link for the remainder of this piece)

Exhibit “C”

www.atg.state.vt.us/display.php


Attorney General William H. Sorrell

A native and resident of Burlington, Vermont, Attorney General William H. Sorrell graduated from the University of Notre Dame (AB, magna cum laude, 1970) and Cornell Law School (JD, 1974). Bill served as Chittenden County Deputy State’s Attorney from 1975-1977; Chittenden County State’s Attorney, 1977-78 and 1989-1992; engaged in private law practice at McNeil, Murray & Sorrell, 1978-1989; and served as Vermont’s Secretary of Administration, 1992-1997. As State’s Attorney, he personally successfully prosecuted several significant matters, including the first case allowing the admissibility of DNA evidence in a Vermont State Court and a ten-year-old homicide in which the victim’s body had never been found.

Governor Howard Dean appointed General Sorrell to fill the unexpired term of now Vermont Chief Justice Jeffrey Amestoy, commencing May 1, 1997. He has enjoyed strong voter support in standing for election in November 1998, 2000 and 2002. His current term of office will expire in January 2005.
Exhibit “D”

www.justiceforwoody.org/media/articles/html/casa1.htm

Brattleboro Reformer

Dean bids adieu

By KATHRYN CASA
Reformer Staff
Saturday, January 04, 2003

(excerpt)

This community continues to be divided over the Dec. 2, 2002, police shooting of Robert Woodward. William Sorrell exonerated police in that incident. But at least two different analyses have found fault with the Sorrell report. As governor you resisted calls to intervene. Do you continue to stand by the attorney general's findings?

I've read one of the analyses of the report and I thought it was very good, it was by the friends of Woody ... It is impossible for me, as someone who wasn't there, to know what went on in the church. I have a long association with the attorney general and I have an enormous amount of respect for the attorney general as a human being and as a really smart lawyer. He is not somebody who has ever been afraid of prosecuting the police when it was necessary to do so, so that's why I do have confidence in the attorney general.


Exhibit “E”

www.gwu.edu/~action/2004/dean/dean0702/freyneint.html

George Washington University,

Democracy in Action, July 7, 2002

(excerpt)

Peter Freyne Interview

FREYNE: He was a co-chairman of that group with a fellow named Rick Sharp, who's a lawyer, who's still around but pretty much beneath the radar since. Rick ran for the State Senate eventually in the '80s and got creamed. But Howard went and became chairman of the [Democratic] county committee, which he did.

QUESTION: When did that happen?

FREYNE: That would have been around 1980... It's the party job. Perfunctory thing. You run a meeting. There's not a whole lot of activity on it. You get together at election time... They're always looking to find someone for those jobs--who wants to do it? But then I guess he went to the Democratic Convention, became a delegate, the whole story about him and Esther Sorrell...has already been written up. Billy Sorrell's now the Attorney General; Howard tried to appoint him Supreme Court Chief Justice but it didn't fly. Sorrell didn't get through the committee. They had set up a mechanism for judicial review of some kind and Sorrell didn't make the cut.


Exhibit “F”

rutlandherald.nybor.com/News/Story/68525.html

Rutland Herald

Supreme Court process is less bruising in Vt.
July 12, 2003
By DAVID MACE Vermont Press Bureau

(excerpt)

That doesn’t mean there aren’t tiffs. Douglas recently rejected the board’s list of candidates and asked for more, joining Richard Snelling and Dean in doing so. In 1997, Dean hoped to tap his administration secretary, William Sorrell, for the chief justice slot but couldn’t convince the board that Sorrell’s lack of experience as a judge didn’t disqualify him.

Dean ultimately chose Republican Attorney General Jeffrey Amestoy, and Sorrell became attorney general, a post he’s held ever since.


Exhibit “G”

www.rutlandherald.com/News/Story/66910.html

Rutland Herald

Six on short list to fill court vacancy

June 11, 2003
By TRACY SCHMALER Vermont Press Bureau

(excerpt)

The nominating board is made up of six lawmakers - three from the House and three from the Senate - three lawyers elected by the Vermont Bar Association and two lay people appointed by the governor.

Its function is to screen interested candidates and send a list of finalists to the governor to choose from. A governor can only appoint someone to the bench from that list. A governor can reject the finalists and ask the board to submit a new list.

That's what former Gov. Howard Dean did the last time a vacancy came open on the high court. Dean, a Democrat, had wanted to appoint William Sorrell to the bench. Sorrell, who is now the state attorney general, was Dean's administration secretary.

But the board did not include Sorrell's name on any of its lists. Finally, after a public and controversial back-and-forth between Dean and the board, Dean appointed Amestoy, who was the Republican attorney general at the time.


CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of December 2003, copies of the foregoing affidavit were sent by United States mail, postage prepaid, to:

Vermont Attorney General’s Office
109 State Street
Montpelier, VT 05609

Andrew D. Manitsky, Esq.
Gravel and Shea
76 St. Paul Street, 7th Floor
P. O. Box 369
Burlington, VT 05402-0369




___________________________
Scott Huminski