Saturday, May 22, 2010

Bowser Refuses to Clear Right of Way -- Judge Long Returns Bowser to Gloucester County Jail



I spent Friday afternoon in court again.  I am watching, taking notes, and generally learning about the cases that come through this courtroom, the arguments heard, the decisions made, etc.  This Friday afternoon was a very interesting one, with only one of the cases being divorce related.

The first case I watched was one in which the defendant was led into court sporting his orange, county-issued jumpsuit.  The judge explained to this man that he'd had a survey performed of the "right of way" in question, and the cost of that survey was $2000.  Furthermore, the judge explained, the cost to clear that right of way was estimated at $2400.  The judge asked the defendant whether he was prepared to clear the right of way himself.  The defendant started to explain his position on the matter, and the judge cut him short. "are you going to clear it?"  The defendant obliged the judge and offered his single word answer, "No."


The judge reminded the defendant that he was going to be liable for the $4400 and would be returned to the county jail, and asked him if he wanted to change his mind.  The defendant responded with, "if I agree to this, I will be saying that everything I have been fighting for for five years is not true. No, I would rather stand on the truth and take the punishment."

And with that, the man who, presumably, is spending his time in the county jail for non-compliance with a judge's order, was led back out of the courtroom.  I wrote a note to myself...."Story here" as it seemed to me I had just witnessed something that has a very long history, and which was likely to be of interest.  Two things struck me about the less that five minute exchange between the players.  The defendant was not angry or belligerent sounding, seemed genuine and convinced he was standing up for the truth.  Judge Long seemed resigned to the fact that this defendant was not going to back down.  He did not beat the guy up, just gave him a second chance to change his mind, and then returned him to the county jail.  It seemed as if this scene had been played out more than once on this case.

Later that night, and again today, I spent some time researching the case, and it is, indeed, an interesting one.  The defendant charges corruption in the county, corruption that involves judges and attorneys, and more.  And his case is a simple one on the surface.  This is a land dispute.  The defendant, Bowser, claims he witnessed a surveyor on his property, marking and pounding in steel posts, changing, he contends, the actual property lines for property which he owns, robbing him, he says, of over 8 acres of land, when the "right of way" is included.  From what I was able to find on the Internet, this case has been in the Gloucester County circuit court for at least 3 years, with Bowser defending himself against the plaintiff who, according to Bowser, he has never been able to meet in court.  The plaintiff's attorney has been the only one there, and has, according to Bowser, been allowed to enter into evidence, faulty documents, while the defendant has had his documents, supporting his property claim, routinely denied.

Interestingly, this defendant, Bowser, also ran for Gloucester County Sheriff in 2007... although, just before the election, Bowser was sent to the county jail for his refusing to comply with a court order.... I am not clear as to whether the court order for which he was sent to jail is the one that ordered him to pay plaintiff's attorneys fees when the plaintiff filed a non-suit, after which the judge dismissed Bowser's counterclaim, or whether this was another order, requiring Bowser to clear the right of way.  Whatever the order, the sentence just before election day ensured he would have little chance of being elected to the position he sought.  He contends he was a front runner in the primary, with 36% of the vote.  Whether this is accurate or not, he was not elected Sheriff in the 2007 elections.

And here he is, two and a half years later, still fighting the same battle and still spending his time in the county jail, convinced the corrupt judges and attorneys are simply continuing a scheme to steal land from the rightful owners.....  Is Bowser's case a credible one?  I don't really know.  I'd like to see the transcripts, though, I suspect, there are great gaps in such, since much of what transpires in this court transpires without benefit of record....  Regardless, more research is called for and more research I shall do.

I actually was in court Friday afternoon until 6PM, with other cases lasting beyond the "closing time" at the Gloucester County Courthouse.  I will write about those cases in the days to come, but the one that took only five minutes left me with so many questions, I simply had to pursue it first.

2 comments:

  1. I'd like to know more about this one, it sounds like a real hot potato.

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  2. That's what I thought too... needs a good investigative reporter type to sniff out that trail...

    ReplyDelete