Hemenway, a local attorney representing Hollister of Philip Berg’s dismissed Hollister vs Berg, attacked Judge Robertson’s misuse of Internet hearsay when the judge held that Obama’s ‘native’ born status was sufficiently vetted by being “blogged, texted, twittered and otherwise massaged.”
This WorldNetDaily article is a must read.
I also suggest a read of Kerchner vs Obama, a case represented by New Jersey attorney Mario Apuzzo. His jurisprudence of challenging the prima facie evidentiary value of Obama’s well-publicized (little understood) Certification of Live Birth supports Hemenway’s demand for discovery and access to Obama’s original 1961 birth registration.
Here is part of Endnote 7 in Kerchner et al vs Obama et al. His explanation of legal challenges to prima facie evidence of the famous Obama C.O.L.B. supports HRS 338-18 authority for Hemenway to access Obama’s blocked vital information per 338-14.3.
Hawaiian law expressly provides for verification in lieu of certified copy of a birth certificate under HRS 338-
14.3. Even the Hawaii Department of Home Lands does not accept a certification of live birth (COLB) as conclusive evidence for its homestead program.
[From its web site:]
“In order to process your application, DHHL utilizes information that is found only on the
original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.”
[Additionally, at the bottom of the COLB, it states:]
“This copy serves as prima facie evidence of the fact of birth in any court proceeding.” Under the concept of prima facie evidence, the presumption that the fact exists fails when evidence contradicting that fact is presented and in such case the interested party needs to present other competent evidence to prove the existence of that alleged fact. If he fails to do so, the alleged fact is not proven, even if the opposing party produces no further evidence. To date, Obama has presented no additional evidence other than the internet image of his COLB regarding where he was born. Hence, the prima facie validity of the COLB must fail and Obama should be compelled to produce other objective, credible, and sufficient evidence of
where he was born.