In his analysis, the Judge cited the California criminal statute in question, Penal Code Section 137(A), which requires:
- any person to give or offer or promise to give a witness
- something of value
- with a corrupt intent
- to influence the witness' testimony
Bribery is a specific intent crime. "Corrupt intent", the judge noted, requires that the person intends to induce the other party to commit an unlawful act, such as to lie or commit perjury.
However, Judge Sheltzer pointed out, Garrett had only asked that she exonerate him -- to come clean about what had happened -- he never asked her to lie.
The court chalked up the October 31, 2015 video clips as merely a record of their separation / divorce negotiations.
Lying her ass off
Shelley Lubben, clad in a pale pink pant suit, testified hysterically that she came forward with these charges a short while after the recordings were made. She brought them to the Tulare County sheriff on May 5, 2016, which just so happens to be a week after Garrett blocked her calls and texts (which had vacillated between the two running themes of "let's work it out and be together" and "I'm gonna get you and make you pay!")
However, on the recordings themselves Garrett clearly states that the date of recording was October 31, 2015, some six months before the jilted Shelley decided to seek vengeance on him. On the stand she initially claimed that the videos were shot between February and April of 2016, so it immediately became apparent that something was amiss.
However, on the recordings themselves Garrett clearly states that the date of recording was October 31, 2015, some six months before the jilted Shelley decided to seek vengeance on him. On the stand she initially claimed that the videos were shot between February and April of 2016, so it immediately became apparent that something was amiss.
After the time-stamped video was played in court, and its actual recording date confirmed, Shelley changed her tune:
On the recordings, Shelley can be heard off camera, shouting directions and telling Garrett what to say next.
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| Shelley Lubben: Witness for the Prosecution |
Damning correspondence
Another important piece of evidence came to light at Monday's hearing, one which the prosecution sought unsuccessfully to have excluded: a July 2016 email from Mrs. Lubben to Garrett in which she offers to pay $5,000 toward his defense against these very felony charges once the "Lubben Ranch" is sold.
On the stand, Shelley never missed an opportunity to (unconvincingly) claim victimhood -- in this instance that she had been the victim of Garrett's manipulation, and "a domestic violence victim". Her voice slurred slightly, she also fell into the trap of answering questions about her own veracity which had not been asked, closing with a crocodile tear-laden unprompted outburst that she "would never lie in a court of law.'
Under cross examination, Shelley was belligerent, and bristled when Mr. Lubben's attorney stated the obvious -- that she had set Garrett up and used the recordings as a bludgeon when she did not get her way. In response, Shelley seemed annoyed and defaulted to her "I'm a victim" position.
Here is the full transcript of the event, as transcribed by the court reporter:
Shelley stormed out of the hearing, with boyfriend Joe Valley in tow, as soon as the judge ruled against her and tossed all charges (but before he'd even finished speaking). Lubben's request for an extended restraining order against Garrett was also denied.
Following the hearing, a jubilant Garrett Lubben addressed the case on the courthouse steps.
Following the hearing, a jubilant Garrett Lubben addressed the case on the courthouse steps.
