Though we are not surprised by the Commissioner’s ruling, in light of the restrictions on the evidence he considered, we are deeply disappointed because we believe the evidence of Ms. Driscoll’s total lack of believability was overwhelming. It is important to note that the Commissioner’s ruling is a civil family court matter and totally unconnected to any criminal investigation or finding.
Regardless of the Commissioner’s finding, we know that Kurt never committed an act of family violence. The evidence was un-contradicted that Ms. Driscoll committed the criminal offense of trespass when she entered his motor home at night, while he was sleeping, uninvited, without permission, and refused to leave when he repeatedly asked her to get out. Mr. Busch’s conduct was totally reasonable and legal under the circumstances. He never intentionally, knowingly, or recklessly caused her any injury.
We intend to appeal the Commissioner’s ruling and will seek to persuade the family court judge hearing the appeal to consider new and previously unknown evidence from various people that have come forward since the conclusion of the hearing before the Commissioner. We have provided this additional evidence challenging Ms. Driscoll’s testimony and credibility to the Attorney General’s office for their criminal investigation, and we hope to persuade the family court judge to consider the same evidence.
Ms. Driscoll clearly committed perjury during her testimony before the Commissioner, and we deeply regret that Ms. Driscoll has been allowed to abuse the justice system in such a flagrant way.
Rusty Hardin Attorney for Mr. Busch
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