By Leslie Collins
Northeast News
Feb. 23, 2011

Some say potatoes, some say potahtoes.

In Michael Fletcher’s case, some say resident, some say domiciled.

Regardless, Jackson County Judge Ann Mesle ruled that Fletcher, candidate for 3rd District City Council, does not meet the residency requirements to run for office.

Mesle announced her decision following more than 10 hours of testimony on Feb. 17-18.

Sharon Sanders Brooks, incumbent, filed the residency lawsuit against Fletcher and provided court documents stating that Fletcher has resided in Long Beach, Calif., since 2006.

Kansas City’s charter requires a candidate to live in Kansas City two years immediately prior to election day. In this case, that’s Feb. 22, 2009. It also stipulates a candidate must live in the council district at least six months prior to the election.

Before addressing Fletcher’s residency, his lawyer, Michael Yonke of Yonke & Pottenger LLC, requested Brooks’ attorney, Clinton Adams of Kansas City, be disqualified from representing Brooks during the hearing.

Yonke argued that Fletcher and Adams previously engaged in legal conversations regarding Fletcher’s residency and had an attorney/client relationship.

Adams denied the claims. Fletcher said although he shared information with Adams, he never paid Adams, entered into a legal contract or asked Adams to represent him.

Mesle denied Yonke’s request, citing time constraints and that Brooks’ other lawyer was out of the country.

Adams then called Brooks to the stand, who toted her personal turquoise Bible to swear upon.

Prompted by her lawyer, Brooks read from a variety of court documents filed by Fletcher. Those documents requested that Fletcher’s law license be reinstated and each stated he resided in California.

Examples included filings from the United States Court of Appeals for the Ninth District, located in California, which read “Based on Mr. Fletcher’s residing in California since 2006,” “…this Court has the authority to transfer this matter to the 9th Circuit for the convenience of parties, namely Michael Fletcher, who is unemployed and who has a young family and who cannot afford to travel to Missouri…”

Other excerpts referenced Fletcher relocating to California with his family in 2006 with “hopes of starting his professional life over,” and a desire to be “closer geographically and to work with his twin brother attorney.” Others cited him being “domiciled” and working in California.

Following Brooks’ testimony, Yonke called David Smith to the stand, a former law partner and personal friend of Fletcher’s.

Asked why Fletcher moved his family to California in 2006, Smith said Fletcher received multiple threats following the Timothy Wilson trial in Jackson County.

Six Kansas City Police shot and killed the 13-year-old boy, he said.

“It involved very serious allegations – not only police brutality, but of police cover up… It was a very contentious case,” Smith said.

On the fraternal order of police website message board, numerous threats were made against Fletcher and his daughter, he said.

Adhering to friends’ advice, Fletcher moved his wife and daughter to California for their safety.

While his wife and daughter stayed in California, Fletcher continued to live in Kansas City and flew back and forth to visit on a regular basis.

A total of seven witnesses testified on Fletcher’s behalf, stating Fletcher lived in Kansas City and they saw him in Kansas City on a regular basis.

In addition, Yonke used the same court documents used by Adams to illustrate how Fletcher has remained active in Kansas City through a number of organizations.

When Brooks was called to the stand a second time, Yonke alleged that Jermaine Reed, also a 3rd District candidate, does not meet residency requirements. Yonke alleged Reed resided in Washington, D.C., until January, 2010.

“(During your press conference), you said it was your moral obligation to the citizens of this city and to your district to bring action against anyone who may not be a resident,” Yonke said.

Sanders confirmed that statement.

Asked if she researched Reed’s residency, Sanders answered, “No.”

At 11:23 a.m. Feb. 18, Fletcher took the stand to defend himself and exited the stand more than three hours later.

Since 1986, he has lived in Kansas City and since approximately 1989, he has owned a house at 4309 Walnut, he said. Currently, the house is for sale and he now lives at 2360 E. 12th Street.

In 2006, he relocated his family to Long Beach, Calif., due to threats he received following the Timothy Wilson case, he said.

He stressed he’s registered to vote in Missouri and has never voted in California, maintains a Missouri driver’s license and has paid Missouri income taxes through the present.

Asked why he didn’t stay in California, he said, “I wasn’t going to be chased away. Kansas City’s my life. It’s where all my friends are, all my colleagues are.”

Fletcher said he spends time in both Kansas City and California. From 2009 to 2011, he’s flown 60,000 miles back and forth, and returns to Kansas City on a weekly to bi-weekly basis, he said.

Asked why he filed court pleadings in California, he said, “I wanted to get my Missouri license (back) and I wanted to find a court where I could have my day in court.”

“Can you explain what your intent was in stating you were residing in California from 2006?” Yonke asked.

“Yes, I have (with other attorney’s) made every attempt to never state Michael Fletcher is a resident of California because I didn’t want residency brought up in my campaign…” Fletcher said. “What I wanted to make clear was I was a resident of Kansas City, nowhere else, which is why I said California domicile and I said it repeatedly.”

Asked the difference between domicile and residence, Fletcher defined domicile as having a house with no intent to permanently reside and said a person can have only one residence where he or she permanently resides.

“You are using definitions that are totally inconsistent with the definitions I am seeing in the case authority,” Mesle said.

Mesle said a person may have two residences but only one domicile and that domicile requires bodily presence in that place.

“I can bring you 50 cases of the opposite of what you just read,” Fletcher said. “I know what I was taught.”

Mesle also questioned Fletcher’s statement of working in California and questioned the validity of his statement that he could not afford to fly back to Missouri for litigations.

During Adams’ questioning, Fletcher said, “I reside in California… I’ve never said I’m a resident of California ever (in the court documents) based upon my California residence.”

Adams interrupted Fletcher saying, “Nothing further, your Honor.”

Fletcher’s appeal was denied Monday, but Yonke said they may take the case to the state Supreme Court.