Rusty Hardin

Attorney: Kurt Busch to ‘immediately’ appeal NASCAR suspension

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Kurt Busch’s attorney said he plans to “immediately” appeal NASCAR’s suspension of his client.

NASCAR indefinitely suspended Busch on Friday after a Kent County (Del.) Family Court Commissioner concluded that “it is more likely than not’’ that Busch committed an act of domestic abuse against his ex-girlfriend, Patricia Driscoll, in September.

NASCAR said that Busch could appeal the suspension and that it would “expedite” the process. A ruling on the appeal likely will come before Sunday’s Daytona 500.

Busch’s appeal will be heard on Saturday by a three-member panel. He cannot have a lawyer argue the cause on his behalf, but can have other representatives with him during the hearing. Additionally, Busch can appeal the panel’s decision to Bryan Moss, Final Appeals Officer.

Rusty Hardin, Busch’s attorney, issued the following statement:

“We are extremely disappointed that NASCAR has suspended Kurt Busch and we plan an immediate appeal. We assure everyone, including NASCAR, that this action against Mr. Busch will turn out to be a travesty of justice, apparent to all, as this story continues to unfold.

“We are confident that if the Commissioner agrees to hear newly available evidence that contradicts the testimony of Ms. Driscoll, he will be able (to) understand the actions of that night as well as Ms. Driscoll’s character and motivations and reconsider his judgment. He has already found that Ms. Driscoll lied under oath at least once. Our newly available evidence will make it clear that much more of her testimony was untruthful and was purposefully kept from the Commissioner by Ms. Driscoll’s attempts to intimidate and threaten witnesses.

“It is important for everyone to remember that the Commissioner’s report has to do with a civil, family law matter and no criminal charges have been filed against Mr. Busch.

“We ask everyone’s patience as this case continues in the court of law and are confident that when the truth is known Mr. Busch will be fully vindicated and back in the driver’s seat.’’

Kurt Busch’s attorney files motion to reopen protective order hearing

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Kurt Busch’s attorney has filed a motion in Delaware court to reopen the hearing on the protective order issued against Busch on Monday.

In a statement, attorney Rusty Hardin cited witnesses who “have come forward and provided information that contradict (ex-girlfiend Patricia Driscoll’s) version of events after the split, before the alleged assault and immediately following the incident.’’

A judge granted Driscoll, a protective order that also required Busch to be evaluated “for mental health problems related to anger control and impulse control.’’

Driscoll sought the order after alleging that Busch smashed her head three times against a wall in his motorhome last September at Dover International Speedway. Busch denied the allegation.

Dover Police investigated Driscoll’s allegation and sent its findings to the state Attorney General’s office in December. The Attorney General’s office has not announced if it will seek charges against Busch.

Hardin issued a statement Thursday about filing the motion and a request to the Attorney General’s office:

“Today, Kurt Busch’s legal team filed a motion in the Delaware family court to reopen the hearings on the court ruling imposed against Mr. Busch on Monday. As Ms. Driscoll’s contentions became ever more public, independent witnesses, who are close personal acquaintances of Ms. Driscoll’s, have come forward and provided information that contradict her version of events after the split, before the alleged assault and immediately following the incident.

“All the witnesses confirm Mr. Busch’s testimony that Ms. Driscoll presented herself to close friends and acquaintances as a covert agent involved in deadly conduct on behalf of the government. One witness was threatened not to talk; and another finds Ms. Driscoll’s story completely incredulous based on his knowledge of the parties involved.

“Ms. Driscoll’s frantic media onslaught of the last 48 hours at a time Mr. Busch is scheduled to drive in the most important NASCAR race of the year is further evidence that this is not about domestic violence, but instead about ruining the career and reputation of the man who left her.

“We are also asking the Attorney General’s Office to open an investigation of Ms. Driscoll to determine whether or not she has violated the Delaware criminal code offense of Tampering with a Witness through her repeated attempts to harass and intimidate witnesses who she fears will come forward with evidence that will totally undermine her credibility.

“We fervently hope that the Commissioner will delay his issuing findings in support of his order until we are given an opportunity to present sworn testimony from these newly available witnesses, which we know will support findings of perjury and lack of merit to her allegations.’’

 

Kurt Busch’s attorney will appeal protective order decision

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Kurt Busch’s attorney, Rusty Hardin, issued a statement Monday, claiming that he’ll fight a judge’s order to grant a protective order to Busch’s ex-girlfriend, Patricia Driscoll.

Here’s Hardin’s statement:

“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.”