Winona, MN Accused Judge Says One Thing, Evidence Another

Judge James A. Fabian in his final order issued September 29, 2009 places perjury as a new argument even though perjury was submitted in a one-hundred and twenty-one page document titled: NEW FINDING [PERJURY] May 12, 2008 and Judge Fabian had not taken this case under advisement until May 20, 2008 as both are listed on the docket ledger. This case started off with Judge Fabian stating that his mother’s house had asbestos and lead and she is eight-nine-years-old and then pressuring the Bourne’s with his ‘bias’ “Why not just sell the house and get it over with.”  The Bourne’s had concerns over Rick Lubinski’s and Susan Gallas’ honesty addressing the hazardous asbestos and lead paint.  In the end with this final order issued September 29, 2009 Judge Fabian has approved the sale of this home. He is allowing the perjured belief that the 400 square feet of asbestos flooring has been removed and the house is safe. He is making the Bourne’s pay all costs and attorney fees thus rewarding Rick Lubinski’s and Susan Gallas’ apparent perjury with a large money windfall from this now completed and finalized home sale.  Thousands of Minnesotans have expressed outrage and anger over this Judge’s actions and are voicing strong opinions demanding the removal of Judge Fabian.