Newly elected commish Josh Brown defends his residency.

Last week Kitsap County Commissioner Josh Brown looked forward to his Feb. 6 residency hearing, saying it would “be the day I will get my life back.”

But as of Monday afternoon, he was still fighting a legal challenge proving more troublesome than expected.

The challenge to Brown’s legal residency was heard in court on Monday, when the newly elected officeholder defended himself against charges he does not actually live in the district he was elected to represent.

The trial was presided over by Jefferson County Superior Court Craddock D. Verser, who did not rule before the hearing adjourned Monday afternoon.

Silverdale resident Robert Ross filed the challenge on Dec. 31, claiming that Brown did not live in an apartment at 1015 Perry Ave., in Bremerton, and instead resided at his parents’ home near Hood Canal.

Ross hired the Seattle law firm of Davis Wright Tremaine and was represented by attorney Michele Rasodevich. Brown was represented by Silverdale attorney John Morgan.

As Rasodevich rested her case, Morgan moved for dismissal of the charges, which Verser denied.

Brown’s assertion is that he moved to the district with the intention of running for public office. He then used guidelines on the Secretary of State’s web site in order to establish residency and followed those steps.

Ross’ challenge maintains that Brown never established proper residency. His case centered on three charges: that none of Brown’s neighbors had ever seen him; that the apartment’s average utility usage was well below occupancy projections, and that Brown’s late-evening cell phone records originated from a tower close to his parents’ residence.

Rasodevich also called on private investigator Larry Walsh of Gig Harbor, who followed Brown after his November election and installation one month later. Walsh testified that he spent 73 hours trailing Brown, following him between the Perry Avenue address and his parents’ home.

Walsh, who was let into the Perry Avenue apartment by the court, described it as sparse and unfit for habitation, as Morgan objected to Walsh’s testimony.

“There was no vacuum cleaner,” Walsh said. “There was a greasy residue in the sink. There was very little of substance. I have a son that age, and his apartment is nothing like that.”

Walsh said he only saw Brown twice in the duration of his surveillance. Morgan asked Walsh whether he had thought to send Brown a registered letter to determine residency, a practice often used by government agencies.

“I didn’t think of that,” Walsh said, saying he “wouldn’t know what he would put in such a letter.”

Walsh said he had no proof that Brown spent the night at his parents’ home, noting this was only a theory.

When Morgan read back a quote from Walsh that was published in the Kitsap Business Journal – “I found him at his parents’ house on more than one occasion and know for a fact he spent the night there…I would see him leave the next morning” – Walsh claimed he was misquoted.

Larry Coppola, who wrote the article and attended the hearing, stood by the quote and said he had notes to support its accuracy.

Brown, who later took the stand, said he brought all of his possessions into the apartment and it reflected his sparse lifestyle in other locations.

He said he had not vacuumed the apartment since taking occupancy in May, but disagreed with Walsh’s assertion of the absence of cleaning supplies.

This was supported by the testimony of John Dylan Doty, a law student and long-term friend of Brown who took the stand late in the day.

Conflicting testimony was also heard between Brown and Arna Souza of Bremerton. Brown said he had discussed house-sitting with Souza, who was his former teacher, but never heard back from her to close the deal.

Brown, in the meantime, had registered to vote using Souza’s address. Souza said she had never given Brown permission to do so, and had just heard of Brown’s action two weeks ago.

Brown will also face a similar challenge from James Olsen of Bainbridge Island about his right to vote in the Feb. 6 election.

Olsen, who intends to continue his challenge regardless of the outcome of the current case, called Souza’s testimony “a neutron bomb.”

The trial was expected to continue on Tuesday.