Showing posts sorted by relevance for query perjury. Sort by date Show all posts
Showing posts sorted by relevance for query perjury. Sort by date Show all posts

Shelley Lubben's Attempt To Set Up Ex for Felony Bribery Flops; Charges Dismissed

Porterville, Calif. -- In Tulare County Superior Court Monday morning, Garrett Lubben was exonerated of all felony charges initiated by his disgruntled ex when Judge Michael B. Sheltzer ruled that the iPhone video clips directed and filmed by Shelley during her divorce negotiations with her then-husband Garrett did NOT show an attempt to bribe Mrs. Lubben.



In his analysis, the Judge cited the California criminal statute in question, Penal Code Section 137(A), which requires:
  1. any person to give or offer or promise to give a witness
  2. something of value
  3. with a corrupt intent
  4. 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.


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.




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.







Shelley Lubben Evades Restraining Order, Then Attempts To Steal Car With Accomplice Jan Villarubia

Bakersfield, Calif. -- In Kern County Superior Court, Tuesday morning, Judge Stephen D. Schuett declined to make permanent a Temporary Restraining Order requested by ex-husband Garrett Lubben and their daughters to protect them from Shelley Lubben.

The judge wanted compelling evidence of the clear physical threats to the petitioners and cared very little for any activity that occurred before June 9 of this year. That's the date of the couple's mandatory mediation and settlement conference. The two appeared amicable, in that they waived their mutual declarations of financial disclosure, and had been able to come up with up a binding Settlement Agreement. It would appear the court officers mistook their eagerness to be out of each other's lives (particularly Garrett's understandable enthusiasm to be rid of her) for cordial amicability.

Here is the report from the June 9 conference. (click on image to enlarge)


Shelley Lubben Evades Restraining Order, Then Attempts To Steal CarWith Accomplice Jan Villarubia




Because many of the (ongoing) events cited by Garrett took place before June 9, the evidence presented provided insufficient basis for the judge to grant a Permanent Restraining Order. 

Incidentally, here (for the first time anywhere) is the Lubbens' Divorce Settlement Agreement:

I've highlighted the section regarding their eldest daughter's 2015 Jeep Wrangler:









According to Garrett, he"gave her everything up there [in Springville] in the divorce" for a good reason: so that the and his girls could "start over with minimal memories remaining and zero spousal support."

Notice the document contains the clause:
Each party agrees to execute or deliver any instrument, furnish any information, or perform any other act reasonably necessary to carry out the provisions of this agreement without undue delay or expense.
This is important because 1) Shelley has taken no apparent steps to turn the Jeep over to Garrett and/or her own daughter via the California DMV and the loan company. (Their daughter drives it exclusively, and Garrett makes all the payments); and 2) approximately one hour after court let out, Shelley came to Garrett and the kids' house to confiscate Teresa’s Jeep from their driveway!


When asked for comment one day prior to the hearing, Mr. Lubben had replied:
My guess is Shelley will show up with a domestic violence advocate from Tulare County and make a plea to confiscate her daughter’s jeep that happens to be in her name.
He sure called it.  Knowing that Garrett had put down $20k + on the Jeep, Shelley Lubben was willing to fuck over her own daughter to sell it back and pocket the cash from its equity. 

So, Shelley called for a police escort to remove the Jeep which is in her name -- but neglected to inform them that, per the divorce settlement, the Jeep is Garrett's property. That's our Shelley.
Jan Villarubia, Shelley and their "shared daughter" Tiandra, who drove in from Las Vegas (yes, across state lines) to assist Shelley in her illegal plan. Shelley's 2015 Jeep Rubicon is parked behind them.

Garrett writes:
She had Jan Villarubia with her today who was eager to drive off with a $50,000 Jeep. [I'll bet... see here and here -- ed.] My girls were extremely scared and when I came home after being called, Shelley was standing on the sidewalk 2 doors down with 2 police cars and officers who read the divorce settlement and sent Shelley away. All new lows for her which we experienced at the Lubben Haus today.
Shelley's accomplice in attempted Grand Theft Auto, Jan Meza AKA Jan Villarubio

Over on Facebook, con artist Shelley was still plugging away for the rubes:
God is SOOOO good to me.... The judge just threw out the case. And here's the cool part, there was an empty broken chair there and it was the only one no one sat in and I was feeling nervous and the LORD said to me, "Don't worry Shelley I'm sitting right next to you." sniff sniff He is so good. Thank you for your prayers. They mean the WORLD to me. Maybe you can pray specifically for me to sell my ranch or that God would provide a way for me to have a good income since your prayers work so well!
LOL it always comes down to money for our Shelley, doesn't it?  Always has and always will.

New routes

The hearing today concluded with the judge insisting that if Garrett wanted to protect his minor child, then he would be well advised to use the child custody path, which does make a lot of sense in the long run, particularly in light of the blockbuster charges against Shelley that Garrett has already disclosed in writing under penalty of perjury.

This mess ain't over by a long shot.

UPDATE: I am informed that the day after Shelley failed to steal her daughter's Jeep, she called her daughter a "fucking bitch" at CarMax. Nice, huh?