Freedom Of Speech Goes On Trial In Ohio

[WaTcHeR]

I've always said that Ohio has one of the most corrupt governments in the nation!

A blog I use to read "Erie Voices" www.erievoices.com/blog/ pretty much on a regular basis, until it was closed down due to a law suit. The blog pretty much pushed the First Amendment rights on freedom of speech and grievances against the government in Ohio.

The following stories might be interested to some of you who have blogs, message boards, web sites, ect., or for those who just believe in the First Amendment.

[WaTcHeR]

NM Judge Rules Charge Unconstitutional, Could Impact Ohio Case

04/09/2006 - FARMINGTON, NM---In a case which could have a significant impact on the criminal charges being prosecuted in northern Ohio against disbarred attorney Elsebeth Baumgartner, a state district judge in New Mexico has ruled that a charge of criminal libel, lodged against a Farmington man for criticizing a police officer, was unconstitutional.

In issuing his ruling, state District Court Judge William Birdsall said that the state could not criminally charge Juan Mata for criticizing a Farmington police officer because the law was unconstitutional on its face and violated Mata’s free speech rights. He dismissed the charges against Mata with prejudice, meaning that they cannot be brought again.

"In a time when fundamental rights are increasingly under siege, it is incumbent upon the courts to safeguard the liberties provided for in our state and federal constitutions," Birdsall wrote in his order.

Mata, 32, had been convicted on a charge of criminal libel and sentenced to 360 days in jail, subsequently suspended, as the result of a letter written by Ron Adamson, a lawyer representing Mata. Adamson had accused Mike Briseno, an officer with the Farmington Police Department, of 11 felonies and asked the police department to investigate an alleged incident against Mata involving Briesno in 2004. Mata did not sign the letter.

Mata had circulated a petition which asked the police department for an investigation of Briseno and picketed the department with signs calling Briseno a liar. He said that the police officer repeatedly harassed him and argued that he had a constitutional right to circulate a petition and to criticize the police officer.

The police officer had claimed that Mata’s accusations were false, that his actions were an attempt to destroy the officer’s credibility. He claimed that Mata scared him because Mata had videotaped the officer from his own property when Briseno drove by Mata’s residence. The officer said he was frightened when Mata drove by him when he was issuing tickets at a location in the city.

Mata was subsequently charged with criminal libel, harassment and stalking two months after he and his family filed a civil rights lawsuit against the city in November 2004 alleging police brutality. He and his lawyer maintained that the criminal charges lodged against him were in retaliation for his lawsuit. The city settled the lawsuit with Mata in November 2005 for $75,000 but did not admit any wrongdoing.

Following his conviction last year, his attorney had appealed to the state district court, arguing that the statute under which Mata had been convicted was unconstitutional and that Mata’s actions were constitutionally protected. He said that his client never should have been charged because the charges violated his free speech rights.

The judge had been scheduled to hear Mata’s appeal on April 17. The city maintains it will pursue the stalking and harassment charges.

Mata’s attorney says his client is being prosecuted for exercising his right to criticize a public official and to file what in essence is an internal affairs complaint against Beison and other members of the police department.

The New Mexico Court of Appeals had declared the criminal libel law unconstitutional in 1992, leaving the city few options.

Bob Johnson, executive director of the New Mexico Foundation for Open Government praised the judge, saying that “the judge is the last line of defense when other agencies are trying to crack down on people’s civil rights. It’s a welcomed ruling”.

Baumgartner has been charged with numerous felony counts of intimidation, retaliation and falsification for criticizing retiring visiting judge Richard Markus and other public officers in northern Ohio, alleging that he has engaged in case fixing and other corrupt activities. In addition to filing the criminal complaint against her, alleging that he was intimidated by her criticism of him, he has also filed contempt charges against her because she publicly criticized him during court proceedings.

Baumgartner was arraigned last week on new charges of intimidation and retaliation on complaint of her former business partner and his wife for alleged postings on a web site which she financed and was a principal.

The statutes at issue in the Baumgartner case have never been tested for their constitutionality and appear to be unconstitutional on their face, in violation of free speech rights as is the New Mexico statute.

[WaTcHeR]

Rulings like this are looking good for PoliceCrimes.com and other site that Criticize Police Officers!

[WaTcHeR]

The following post are from the "cache" from Google. I have gathered what I could that's left from the "erievoices.com/blog."

[WaTcHeR]

Erie Voices "Forcibly Removed" From Ottawa County Municipal Building

Thursday, November 25, 2004, 02:38 PM
Wednesday November 25th 2004, Erie Voices frontman, Bryan DuBois was "forcibly removed" from Ottawa County's Municipal building after trying unsucessfully to file a motion to quash an outstanding bench warrant on behalf of Elsebeth Baumgarter.

Bryan was accompanied by Joe Baumgartner and upon entrance the clerk ordered a sheriff's deputy to escort Joe from the building.

Bryan spoke with the deputy for a few minutes and was then run out of the building by the same deputy.

During the conversations Bryan had with the authorities in the building:

Probation Officer Jody Royster refused to help Bryan - and explained that he had no authority over the clerk and that he couldn't help Bryan talk to someone in authority.

The sheriff's deputy refused to pass on a request to speak with someone in authority

The clerk of courts refused to speak with Bryan
Bryan then headed over to see Ottawa County Prosecutor Mark Mulligan. After Bryan pointed out to Mulligan that he was the top law enforcement agent in the county and that he had the authority and influence to make a phone call and get this irregularity taken care of Mulligan told Bryan:

"It's not my mission in life to help you."

"There's nothing I can do for you."

"I have nothing against Elsebeth Baumgartner."

And when it was quite apparent that Mulligan was denying help intentionally in order to keep the warrant in place for Baumgartner, Bryan brought up the fact that Mulligan could do whatever he wants because he's the prosecutor and as an example of Mulligan's discretionary powers Bryan pointed out that Mulligan isn't prosecuting Ray Kest - even though Kest admitted that he stole $16,000 from the taxpayers in Lucas County. [but he's doing everything he can to screw with Baumgartner]

Of course upon the mentioning of Ray Kest, Mulligan moved back through the door to his office and closed in in the middle of the conversation.

Next Bryan went to see the Ottawa County Sheriff Elect Bob Bratton (who was the most forthcoming) Bob told Bryan that he'd look into all of this and pass the motion to quash back over to the municipal building so that they could examine it's legality.

(Duh, you boneheads! I was already over there and you kicked me out of the building!)

Royster gets on the phone again and explains that he checked with Sandusky Municipal Court and the charges were indeed dropped against Baumgartner (which were the alleged probation violations) and that Royster "didn't know why they were dropped." (suddenly Royster wants to pretend he has "authority" over why Sandusky Municipal Court dropped the charges against Baumgartner after he just spiritedly explained that he doesn't have authority over the clerk in his own building)

Next, Royster understands that he just screwed up by not helping Bryan and he tries to get the judge on the phone who issued the warrant in the first place: "Nonbiased" Visiting Municipal Judge John Adkins.

Royster explains to the Judge that the charges were dropped in Sandusky and that since the charges were dropped there's no reason not to pull the warrant on Baumgartner - and believe it or not the Judge responds in this way: (paraphrasing here - it's second hand information according to Royster)

"Oh she's guilty of other violations."

---

Oh yeah, Elsebeth Baumgartner is being treated fairly. Don't ever wonder about that folks.



Sandusky Register November 25th 2004

SANDUSKY - Misdemeanor charges related to two incidents at the Erie County Courthouse were dropped Tuesday against a disbarred Oak Harbor attorney.

May Erie Voices formally request that we start referring to Dr. Baumgartner as a successful pharmacist, DNA researcher, biotech lawyer, expert on legal fraud, mother of two beautiful adult daughters, and wife of successful pharmacist and former 12 year school board member?

Good.

That's settled.

Oh, by the way she was disbarred for political reasons. The same reason that Mark Mulligan and Tim Braun chased her down in Texas (because she knew all about what was going on behind the scenes in that scary little Ottawa County) was the same reason she was disbarred.

Heck, if I was Tom Moyer I'd be scared of her too. There aren't too many lawyers out there who would be willing to go to the mat for their clients like she did. Baumgartner goes to jail for her clients - and even then if she doesn't get satisfaction (an investigation) she travels to Columbus to confront the Chief Justice and call him a liar in open court when he tries to claim that he didn't know what was going on Erie County with Kevin Baxter (the allegations of coercing sex from a murder trial witness - Krista Harris)

Oh yeah, if you never heard about that - you should check it out in the Columbus Dispatch. The article was entitled "Moyer, lawyer lock horns." Accompanied by a nice profile shot of Elsebeth pointing her finger at Moyer during the court proceeding.

Sandusky Prosecutor Lynne Gast King requested that two counts each of resisting arrest and disorderly conduct and one count of criminal trespassing against Elsebeth Baumgartner be dismissed, according to court records. Judge Erich O'Brien dismissed the charges without prejudice Tuesday.

It took him all of 20 minutes to review the case and dismiss the charges.

Gast King said the charges were dropped after a Sandusky resident, Bryan DuBois, brought to her attention that no action had been taken in more than a year on Baumgartner's motion to dismiss O'Brien from her case because of prejudice.

Hey, who is that guy?

"If it's been hanging around all this time, I do believe there are speedy trial problems, and the case should be dismissed," she said.

Baumgartner was arrested when she appeared at the Erie County Courthouse on Oct. 20 of 2003 during a pretrial hearing for Krista Harris, a Sandusky woman who has since been convicted of taking tens of thousands of dollars from an elderly relative.

She was convicted - but there were so many irregularities in that case they will be forced to take another look at it after we remove Baxter from office in January. And then the County will owe Harris a ton of money because they didn't protect her rights from Kevin Baxter or Special Prosecutor Dean Holman.

According to Erie County Sheriff's office reports, Baumgartner, who was seated as a witness for Harris, was escorted from the courtroom at the request of Visiting Judge James Sweeney after he questioned the reason for her presence and she asked him, "Are you a real judge?" during proceedings.

And he wasn't a real judge because he was illegally appointed to the case.

She later returned to sit in the audience area, and when Sweeney asked that she be removed again, she began making statements that "all government officials were corrupt" and that they endorsed raping women and children, according to reports.

I have no idea where Mr. "Staff Reports" got this information. Because I have the entire file and those statements are nowhere to be found in the police report.

Mr. Staff Reports must've been talking to Kevin Baxter again. Now if I had to guess she probably yelled something about how Kevin Baxter raped her client - and about the irregularities in Harris' case.

Damn - I'd love to have a lawyer like her.

But you see what happens when a lawyer provides a vigorous defense for their client and breaks the unwritten rules of "lawyerhood?"

They disbar you.

Sweeney had barred Baumgartner from the courthouse during proceedings relating to Harris' case on Jan. 6, stating that her presence was "a distraction and a disruption" to her case. Her return to the courthouse on Jan. 26 of this year resulted in additional charges.

Mrs. Baumgartner, I can't fix this case with you hangin' around like this. And charging you with contempt isn't enough - I'll have to remove you so that you can't testify on Harris' behalf.

Deputies? Escort her out...

Baumgartner, currently a resident of Palm Beach County, Fla., could not be reached for comment.

But I heard that the SR tried - so it seems like we're getting somewhere at least...

---

Update: We reviewed the files again, and the only quotation included in the report is that she asked Sweeney if he was a "real judge" and that he was "a senile old man who is not a real judge."

Let's check on this Sweeney character...Baumgartner hasn't been wrong yet.

[parody alert]

December 31st at 11:50 pm the lights go on in the Erie County courthouse as the last minutes of Judge Ann B. Maschari's term quickly tick by...

Maschari: Order in the Court!

Maschari: The honorable Ann B. Maschari is presiding!

[Maschari quickly sits down at bench and feigns the review of a fake court docket]

Maschari: Okay, State of Ohio versus Kevin Maschari...Kevin, where are you?

Kevin: Right here mom.

Maschari: Get on the stand, hurry...

[Kevin hurriedly sits down on at witness stand]

Maschari: You are being charged with felony theft for allegedly stealing a whole bunch of money from a Mickey Mart or Strawberry Hill farm market or something like that...

Kevin: It was the BP in Castalia.

Maschari: Whatever.

Kevin: Okay

Maschari: How do you plead?

Kevin: Well I did steal the money...so what should I say?

Maschari: Objection! [whispers to Kevin] You're not supposed to say that...

Kevin: Okay, mom this is weird...what should I say?

Maschari: You say, "not guilty."

Kevin: Okay, I'm not guilty.

Maschari: Okay, the defendent pleads not guilty. Defense call your first witness. The defense calls Kevin Maschari. Very well. Kevin where are you?

Kevin: I'm right here Mom.

Maschari: Oh! There you are! Okay, did you steal the money?

Kevin: Yeah.

Maschari: [turns to court reporter who isn't there] NO!! OBJECTION! MOVE TO STRIKE! Okay, strike that last response from the record. [whispers to Kevin] You say "no I didn't do it."

Kevin: Mom, we're the only people in here...Okay, no I didn't do it.

Maschari: That's it! You're badgering the witness. This court dismisses the charge - on grounds of insufficient evidence!

Kevin: Huh?

Maschari: Go home Kevin, I just dismissed the charges.

Kevin: Mom, you're a flake.

[WaTcHeR]

Defense Counsel Leonard Yelsky: And did you own 30 percent of Island Express Boat Lines, or approximately thereto?

Kevin Baxter: Correct, yeah, about that.

Yelsky: And did you not negotiate this loan with a woman -- no, no -- what about the GEM situation? Did you get $50,000 from GEM?

Baxter: Part of the package -- you know -- it was a package between the Citizens Banking Company, the City of Sandusky and GEM. Ultimately what occurred was that there was a $50,000 GEM loan, Greater Erie Marketing loan, made to the Rocket, Island Express Boat Lines Limited.

Yelsky: And you were an owner of the Rocket?

Baxter: That's correct.

Yelsky: And you benefited from that loan?

Baxter: The company did.

Yelsky: You say you didn't?

Baxter: Well I haven't seen anything yet.

Yelsky: A lot of people invest in things and don't see it for a long time.

[Yelsky is trying to get Baxter to admit to the very unethical practice of using his public office to secure anything of interest for himself -- akin in the private sector to "insider trading."]

Baxter: You asked me a question, did I benefit.

Yelsky: You're denying you benefited from it. That's okay.

Baxter: The company may have benefited. I have not -- you know -- I mean, I guess it depends on what you mean by benefit.

Yelsky: If your company gets money, does it help you or hurt you?

Baxter: Well, you know, it helps, obviously, from the business that you're trying to establish.

Yelsky: You never got an ethics opinion on your GEM loan or your city loan did you?

Baxter: No written opinion, no.

---

Erie Voices would love to ask Mr. Baxter this question:

Kevin, if the county commissioners approve a $15,000 bill to the legal counsel who helped you secure your federal grant for your private boating business, would that help you or hurt you?


Baumgartner Gets All Charges Dropped In Sandusky Municipal Court
Tuesday, November 23, 2004, 07:17 PM
Tuesday November 23, 2004

Five misdemeanor charges against Dr. Elsebeth Baumgartner were dropped today by Sandusky Muncipal Judge Erich O’brien. Baumgartner filed an unopposed motion to dismiss a charge of "disorderly conduct" that was filed October 20th 2003 and a charge of "persistent disorderly conduct" and "criminal trespassing" and two counts of resisting arrest that was filed on January 26th 2004.

The incidents that led to the arrests occurred during Krista Harris’s case in which Baumgartner was acting as a witness and paralegal for Harris. Baumgartner was charged with "persistent disorderly conduct" for asking retired visiting Judge Donald Sweeney if he was lawfully acting as a judge in Krista Harris’s case. Sweeney ordered Baumgartner removed from the courtroom and upon her attempt to re-enter the courtroom in order to sit in the audience area she was arrested by Sheriff’s deputies on "persistent disorderly conduct" charges.

These charges were the catalyst for Ottawa County Visiting Judge John Adkins issuing an unlawful bench warrant for Baumgartner.

(Probation cannot be summarily revoked on a charge alone – there must be a conviction. So says the United States Supreme Court – but what do they know?)

The dismissal of these charges are an important step in allowing Dr. Baumgartner's safe return to the State of Ohio.


The Ongoing Island Express Tax Avoidance Tab (Updated)
Monday, November 22, 2004, 09:58 PM
Let's do the math on Erie County taxpayer's expenditure for Erie County Prosecutor Kevin Baxter's private boating business:

$28,883.50 In Legal fees for boat
$177,000.00 + Bus. taxes still owed for boat
$250,000.00 Grant Approved by Erie County Commissioners through Revolving Loan Fund
$500,000.00 Vermillion Port Authority
$100,000.00 Illegal low interest loan from Sandusky
$50,000.00 Grant from G.E.M. (Greater Erie Marketing)

Total: $1,102,883.50

(The Sandusky Register would run an article similiar to this but they're too busy running pro-Kevin Baxter fluff pieces.)


Open and honest communication isn't just a catch phrase to be used whenever it suits somebody's purpose.

It's mandatory, particularly when our tax dollars are at work.

Okay, EV readers! Stop laughing already!

Yes, the Sandusky Register really wants you to think that they care about our tax dollars - which of course explains why they haven't followed up on Shawn Baxter's accusations about Kevin Baxter abusing our tax dollars.


Kevin Baxter Won't Be Happy We Found This...
Monday, November 22, 2004, 09:49 PM
Now we all know that cases were getting backed up in Ann Maschari's court - but we had no idea it was this bad!

Look what we just found in Erie County Courthouse records that was filed back in 2003!

It's 2002-MS-048 if you wanna go look yourself!

[WaTcHeR]

EV Reader Mail: Politicians Pillow Talking With Strippers About Business...
Sunday, November 21, 2004, 05:37 PM
Here at Erie Voices we've always wondered why strippers and prostitutes always have "bad eyesight" after they witness a crime involving a powerful businessman or politician.

But here at Erie Voices, the truth is the truth - and it doesn't matter who tells us. We go right to the source and check out the accuracy - and this fine little tart who claims to be an "exotic dancer" has been giving us some pretty nice leads lately. (including a rather disturbing police report from Put-In-Bay where no witnesses are named and even though somebody got tossed through a plate glass window - nobody was charged with a crime)

Her story is checking out so far...

Here are some excerpts from her first email.

Jenna writes:

I'd love to read that transcript. [of Elsebeth Baumgartner's falsification trial] I heard that the last portion of the minutes of the council meeting were intentionally omitted and that the Mayor and councilman Greer lied about the meeting on the stand. The missing minutes contain statements from Port Clinton businessmen and one councilman strongly in support of B's position which was: 1) There's a better deal on the table from Put in Bay; and 2) some of the people involved in Island Express have a very bad track record and it's illegal to enter into a public contract with a prosecutor's private company.

You gotta love pillow talk sources!

Well B was right. Baxter and the Rocket boys imploded their company and breached their dockage contracts because they couldn't pay their bills. Instead of having transient dockage from the Put in Bay company for free and a bigger dockage contract in 2002, the City of Port Clinton three years later will spend $165,000 for the dockage and lost three years of revenue from PIB.

The Rocket boys were so desperate to protect their scams they charged B with a crime for her alleged defamation of their company.

[Island Express Principal Joe Fratoe filed out a citizens complaint charging Baumgartner with "falsification."]

I always wondered why guys who are so greedy didn't just sue her for defamation but they never did. Mark Mulligan and higher ups wanted her taken out because of threats to their Island activities, they were able to pull it off. And of course their lying under oath convicted her of a crime for talking about them!

One of my girls, (S) was present at the trial because she is a good friend to a witness for B. She has a copy of a police report that proves one of Baxter's boys lied under oath. Also she reports that Judge Hany and lots of other courthouse types are regulars at Diamond's and other tittie bars.

Your posting the invoices proves she was right about public money being used to get that federal grant, so all of the people involved in that company who took the stand and said Baxter never used his office to help them raise money were lying too. I understand some of them have really deep pockets.

Jenna

P.S. I need your fax number or address to send you the article.

---

And now that I've seen these invoices I say to myself, "I wonder what else Baumgartner was right about...they did go after her with everything they had - tried to call her "crazy."

And the other thought that goes through my mind is this:

Boy, we've got some incompetent law enforcement officers around here. I mean, all it took for me to discover this crime was a fax machine.


No County Funds Were Used For Kevin Baxter's Boat Deal? (updated)
Friday, November 19, 2004, 06:31 PM
Then what's up with this law firm named Eastman & Smith who was paid with county money to run around the Ethics problems that Kevin Baxter would have as a result of the Ohio law that says government officials aren't allowed to use government positions or funds to secure business deals?

It sounds complicated but it's pretty simple folks.

Check it out:

Shawn Baxter is saying that his brother Erie County Prosecutor Kevin Baxter used Erie County funds illegally in order to secure a grant used in his private boating business. According to the invoice that just got faxed to us, Erie County citizens paid a whopping $15,883 to the law firm Eastman and Smith for....

(we'll just type out the text on the invoice)

---

To: Peter Daniel, Erie County Finance Director

From: Gary A. Lickfelt, Assistant Prosecuting Attorney

Date: August 15, 2002

Subject: Eastman and Smith Invoice Nos. 11059 and 12396

Please find enclosed one original and one copy of Eastman and Smith's invoices 11059 and 12396. These invoices involve legal work done by Eastman and Smith in evaluating and implementing a Federal Grant. Please see that these invoices are promptly paid. If you have any questions with regard to the invoices, please contact me.

Enclosure

c: File

GAL/emp
ltr/Eastman invoices 11059 and 12396

---

Followed by this cover letter was about 7 pages describing how Eastman and Smith assisted Erie County with a federal grant for a "ferry boat" service.

Here are some of the best/most damning lines in the invoice that describe the services rendered by Eastman & Smith that were paid for by Erie County tax dollars:

7/03/01 Finish analysis of potential contract between Rocket and Erie County

07/06/01 Finish drafting and reviewing memo regarding ethical issues in joint venture agreement

07/13/01 Evaluation of alternative structures that can be used for agreement between Island Express and local public agency; evaluate legality of Put-In-Bay agreement

---

Erie County Commissioners best kept secret: Erie County residents apparently own a ferry boat service!

Hooray! Sounds like an awesome source for county revenue!

(Anyway, that's what Tom Ferrel is gonna have to say now that we just proved that Erie County funds were used for the furtherance of Kevin Baxter's private ferry boat service!)

And oh, by the way - Kevin Baxter does have a county car.

The $20,000 payment got approved in 2000 by the Erie County Commissioners and it said so in a Sandusky Register article dated Friday March 10, 2000 written by Alex Davis. (I've got that right in front of me too)

So, Tom Ferrel, you're either lying about not knowing about this stuff, or you don't pay attention to what you're signing.

Which is it?

---

Erie Voices readers, if you'd like to make sure that Tom, Nancy, and Sparky get a copy of this post, cut and paste it into a wordpad document and send it to this fax number: 419-627-7692, and then send it to this county email address: [e-mail]

And heck, put a handwritten note on the fax too: "I want Kevin Baxter's resignation."

Then sit back and watch the heads roll...

(Someone has to teach these people not to misuse our public funds)

---

Update:

We had that talk with Shawn Baxter today.

When Kevin Baxter gets around to throwing Shawn back in jail for bringing this stuff up again - (Kevin threw Shawn in jail for 10 days for talking about Kevin's malfeasance in public) Shawn asked me to tell all my readers that brad kane left out some juicy quotes from Nancy McKeen during the meeting he crashed.

According to Shawn:

1. Tom Ferrel started rocking in his seat and looking up at the ceiling as Shawn spoke (For all of you Annette LaCrosses out there - that's a sign of nervousness and anxiety)

2. When Shawn brought up the fraudulent legal counsel payments we just wrote about Nancy McKeen said - not once - but twice, "I wondered about that..." .

3. brad kane is dim for not mentioning McKeen's comments. (Just kidding - Shawn didn't say that - Erie Voices did - sorry brad. Nancy's comments could've started Kevin's implosion a whole lot faster - and you chose not to print it)

4. Tom Ferrel pounded his finger on the table after Shawn mentioned that Kevin was getting public funds for his boat business - and Tom said, "KEVIN BAXTER DID NOT GET ANY FUNDS FROM ERIE COUNTY!"

No kidding Tom.

Kevin Baxter never got the money.

Eastman and Smith did.

[WaTcHeR]

Shawn Baxter Turns Up Heat On Dirty Brother Kevin Baxter
Friday, November 19, 2004, 04:34 AM
Erie Voices called Shawn last night - he's supposed to call us back this afternoon with more details about his meeting with the Erie County Commissioners

We talked with Shawn a few months ago after Kevin and his co-horts manipulated the NCIC database to have Shawn's brother Ejay arrested in Florida.

Apparently, Kevin likes to use taxpayer dollars to do whatever he wants.

Like, also - Kevin likes to run his boat business out of his county office. (that's a no-no)

We have the phone records to prove it. (Hat tip to Judicial Watchdog Dave Palmer)

So anyway, here's what transpired at the County Commissioners meeting the other night:

Sandusky Register November 19th 2004

Shawn Baxter stopped by the Erie County commissioners meeting Thursday to voice some complaints about his brother, County Prosecutor Kevin Baxter's dealings with the county.

Way to go Shawn. We can't wait to talk to you tonight!

"His attitude was confrontational," Commissioner Sparky Weilnau said. "Just to come up and start asking questions like that, there is a lot of questions I would have about his questions."

Well then ask him Spark!

Shawn can tell you all kinds of stuff about Kevin's illegal drug use, about Kevin coercing sex out of murder trial witnesses, and fixing court cases for his friends!

"Just to walk in and start yelling about another official like that, that hasn't happened since I've been here," said Commissioner Nancy McKeen, who first took office in 1997.

So what Nancy?

You've never had an official as bad as Kevin Baxter around here!

The commissioners, who don't have a regularly scheduled public comment portion of their meetings because attendance is low, usually have people with comments call the clerk in advance so time can be allocated on the agenda.

"The way our meetings are set up, there really isn't time for people to just come in with issues," Commissioner Tom Ferrell said.

What's that Tom? You don't have time to hear about your county prosecutor? Don't have time to fit it into your schedule?

(We'll have to look into this guy...)

Ferrell, who took office in 1989, said this has happened before, although it is quite rare.

People have complained about the county and county officials before, but they usually set something up on the agenda or contact one of the commissioners in advance, Weilnau said.

Okay, can we put you commissioners on notice right now about the beautifully crafted removal complaint we're filing on January 1st with about 10 exhibits and research on Baxter to show that he had sex with a murder trial witness (witness tampering - felony) theft in office (about 100 counts) and drug abuse?

Just warning you!

We don't want to blindside you!

Shawn Baxter had three complaints about his brother, Kevin. First, Kevin and a number of other public officials had been sued by E.J. Baxter, another brother, and Kevin's legal fees had been covered by the county.

Okay, there's another example of theft in office, baby.

When county officials are named in lawsuits because of actions or claims of action that happened while they were in office, the county covers the legal fees, Ferrell said. It has happened a number of times; County Engineer Jack Farschman has a similar situation.

Shawn was arguing Kevin had been sued as an individual, not as prosecutor.

That's true. We saw the lawsuit. It said, "Kevin Baxter, an individual."

"He should be paying his own legal fees," Shawn said. "I don't think the taxpayers of Erie County should have to pay for that."

Damn right, Shawn.

Kevin Baxter said several public officials were named in that suit, which has since been dismissed without prejudice, and he was named because of his status.

"You wouldn't be calling me if I weren't the prosecutor," Kevin said.

Shawn also claimed Kevin gets a county car to drive and his ferry boat company illegally got a county grant that hasn't been repaid.

Well how about those back taxes Kevin? Are they paid?

Oh! Don't answer that! We don't want to have to bring you up on falsification charges!

The commissioners and Kevin said he doesn't receive a county car and only gets mileage on his own car when he goes to conferences. The ferry company got a federal grant through Vermilion, but it was repaid.

"We never got any money from the county," Kevin said.

Nope, but you hid the Ohio Ethics Commission decision about the boat deal - and you got money from the city.

Shawn said he would be back to another commissioners' meeting with proof of Kevin's improprieties. The commissioners asked him to get on the agenda in advance and submit his questions in writing.

Shawn, don't worry about it. Just sign an affidavit for us, and we'll add you to the complaint we're filing after the first of the year.

"Any time somebody starts making accusations like that, we want to have it in writing for the record," Weilnau said.

It's in the minutes, Sparky. Calm down.

Kevin said his brother won't come back with any proof because none of his accusations are founded.

Yeah right Kev.

Then why are you looking so pale lately?

"This stuff has been rehashed for five or six years," Kevin said. "How many times can you write the same story?"

Until somebody listens to us about how crooked you are.

---

Shortly after the meeting Kevin Baxter was seen outside his county officer yelling, "This is outrageous! How dare you question my bi-partisan integrity!"

[WaTcHeR]

Erie Voices Sets Record Straight On Sandusky City Commission's Media Policy
Thursday, November 18, 2004, 07:31 PM
Erie Voices went to the meeting, and this is what we got out of it:

1. The press conferences are one more opportunity for the city commissioners to address the concerns of Sandusky citizens and the media.

2. If a tough question is asked and it takes city personnel time to come up with the information or answer, the press conferences are an opportunity to pass the information to all media outlets at the same time.

3. The city is not trying to hide anything, and they'll answer questions the best they can.

---

Okay, we're fine with all of this.

And Mike Will, it's not your fault that certain people in Sandusky can't understand that when the city commissioners offer their opinion outside of the city commissioners meeting that it only amounts to their opinion on the topic - and should not be taken as the city's official position.

(Mike had to explain that when the lawmakers are not assembled in a lawmaking session - that anything they say is opinion and not in set in stone because they're not officially casting their votes on it.)

So forget all of this Commie talk - there is no information shut down.

Whew!



Outsiders Upset That Insider Ray Kest Is Above Law
Thursday, November 18, 2004, 06:37 PM
Look at all of these silly Toledo Blade letters to the editor:

Isn't it funny that these silly people think that Ray Kest should be subject to the same laws that "normal" people are?

Perhaps they should've sent these letters to the guy who really needs to read them: Ottawa County Prosecutor Mark Mulligan.

After all, he's the guy who thinks that chasing a supposed "crazy" scientist halfway across the nation on a sham felony warrant is necessary but charging Ray Kest for stealing $16,000 isn't.

(The "crazy scientist" would be Elsebeth Baumgartner: The lady with two doctorates and a DNA analysis firm in Cleveland who says, "Mark Mulligan needs to be investigated for fixing cases and letting insiders off the hook.")

---

If I worked for any city or county government agency and converted government funds for personal use, I would be prosecuted (no deals) and jailed. What is it that places Ray Kest above the law?

He should have been suspended a long time ago, without pay.

DON J. MOONEY
Erie, Mich.

---

Now Kest has plenty of time to study. Now that the fiasco is done with, Ray Kest will have plenty of time to study for his advanced degree at his ol' buddy's condo in Acapulco. Don't forget the sunblock!

Michael S. Zawisza
Sandralee Drive

---

Ex-treasurer needs to explain himself. Perhaps Ray Kest is right after all. I, too, would like a job where I could be out of town 57 percent of the time and have my tuition, books, and hotel expenses paid for from a special fund set up specifically for such purpose.

I bet most citizens of Lucas County would like to also. What is the name of this new program and where can the rest of us sign up? "No politician left behind? Perks and more perks, free for the taking!"

I guess truth and justice come with a cost/benefit analysis, according to the special prosecutor. What's the purpose of a trial if all that taxpayers get in return is a possible six-month sentence and a presumption for probation? Why not just let all the criminals go, not just the white-collar ones?

Lucas County deserves better. Ray Kest needs to explain his school loan, his expenses, and why he is so much more special than the rest of us.

Hugh Woo
North 109th Street


Redfern Wins Unopposed Seat; Toots Own Horn; Fails To Answer Simple Question About Veracity
Thursday, November 18, 2004, 01:03 AM
It's been a few days since Chris Redfern failed to answer our original questions about his alleged false statement in his campaign ad - but now that he figured out that we aren't some pansy "news" organization that accepts stonewall answers to tough questions - Chris changed his mind about his openness.

Now he isn't talking.

Hey, that would've been a good idea in the beginning Chris - but now that you've already answered once - it looks silly to ignore us!

We'll just remind people that you answered once and the reason you're not answering again is because you probably lied about your campaign ad and there is absolutely no defense when caught lying. (well, other than an apology - but politicians like you don't apologize - so your answer to this problem is to ignore us.)

Okay, EV readers, are you ready for some Redfern horn tootin'?

Sandusky Register November 17th 2004

The state representative for Erie and Ottawa counties was re-elected Ohio House of Representative Minority Leader Tuesday night by the Democratic caucus.

"I am considered the highest ranking Democrat in the state of Ohio," House Minority Leader Chris Redfern, D-Catawba Island, said. "I've come a long way in the past couple of years."

If I do say so myself...

Redfern, the 40-year-old former Ottawa County commissioner, was unopposed in his re-election bid to become the lead Democrat in the Ohio House for the term starting in 2005. He has held the position since 2003.

"I've won more (minority) seats and raised more money than any other minority leader since 1982," Redfern said.

---

This reminds me of the Russian Pravda article detailing the foot race between the American and the Russian.

Since the race was nationally symbolic - it was widely anticipated and important for both countries to win during the cold war - but after the Russian lost to the American, the Russian propoganda machine ran this headline the following day:

RUSSIAN RUNNER-UP IN FOOT RACE, AMERICAN FINISHES NEXT TO LAST

[WaTcHeR]

Sandusky City Commission Announces Information Lockdown!
Wednesday, November 17, 2004, 10:16 PM
We can't help but think Erie Voices has something to do with this - but we won't jump to any conclusions.

Sandusky Register November 17th 2004:

Keeping track of what's going on at Sandusky City Hall could be more difficult in the future because of a new city policy limiting the release of information to the media.

Yep, that's always a good policy. (sigh)

Gentlemen, what we need here is more transparency - not more obstruction of our view.

The city announced Tuesday it will collect questions from the media but will answer the inquiries only at a press conference, which will be scheduled each week.

Does that mean that our public records requests won't be honored? If it has nothing to do with our public records requests - then why would anyone of consequence care about these silly press conferences?

And about these press conferences: what makes these guys think we want canned political answers?

We don't want people telling us what to think. We think for ourselves and we decide if you're doing your jobs and then we act and vote accordingly.

City Commissioner Leroy Sizemore said it will help the city put a positive spin on news.

Leroy, you're not supposed to come right out and say this.

"We are going to have our information channeled so it is accurate," Vice Mayor Dan Kaman said Tuesday night. "We want to spend time getting the facts and presenting all the information."

This is certainly admirable, but as far as collecting information - we rarely get a straight answer out of anyone - so we seek information out on our own and then we write about it. We form our opinions and then we write about them because they're based in the values that are important to us.

For instance we don't care about the dimes involved with EMP's Osborne Park pool when we know there's dollars being lost in heavy scams involving insiders that nobody wants to talk about.

Commissioner Dannie Edmon said the decision will thwart his efforts to improve communications with city residents, calling local newspapers an important tool in keeping the public informed.

Again, if we rely only on information that is given to us we're controlled by the holder of the information.

Our communities need people to get curious - to start poking their noses around. Start making phone calls. Start shaking things up. If you want accountability - you don't just say, "We want accountability" you make phone calls and you demand it by confrontation!

"I think they are trying to curb some of the negative publicity coming out of city hall," Edmon said Tuesday. "This makes it seem like the city has something to hide."

The "information sessions" are an effort "to provide accurate and consistent information to the media," according to a Tuesday press release from City Information Officer Kelly Kresser. They are also "designed to answer inquiries received during the previous week," she wrote.

In other words, we won't get the truth - we'll get a canned political response after everyone at the city decides what the story is.

The city did not specify if the conferences would be held the same day each week.

Kaman said most citizens get their information about city government from the newspapers and radio, but doesn't believe the new policy will keep information from residents.

"I am sure if it is something major, {the city} will answer it," Kaman said of questions from the media outside of the press conferences.

Okay, do you think a multi-million dollar lawsuit brought against the city in federal court for denying access to the courts to minorities and women is a big deal?

Is Iscman going to contract that legal defense out to an outside law firm?

Since City Manager Mike Will took office in June, he has been trying to institute strict controls on the kind of information released to the media.

Will's initial policy was that all media questions had to be channeled through his office if the questions involved opinions from city staff members.

Recently, however, Will decided that all information must come through his office.

Will did not return phone calls on Tuesday.

"Some things are official and can be made unofficial," Edmon said of the new policy.

And then Edmon muttered to himself, "Things are heating up. We're unofficially screwed."

Edmon said he supports press conferences for certain subjects, such as announcing a new fire chief or manager, but doesn't believe the proposed weekly conferences should be used to address every question.

Thursday will be the first press conference and is scheduled to answer questions the Register has been posing for more than a week: The city's new time-keeping system and the recent locations of the speed trailer.

Ah, we see that the Register has some really tough questions for those evil city commissioners. Be on the look-out SCC! They'll chew you up and spit you out!

(muttering) the speed trailer, and time keeping system...sheesh!

SR, don't forget to ask Mike Kresser what kind of car he drives.

Then report it as front page news.

Tuesday evening, Commissioner Brett Fuqua said the decision for weekly press conferences will not affect questions from the public, only the media.

Um, what's the difference?

Is there a "media license" that sets them apart from the "regular folks?" Or is the "media" a person you can put a collar on because he has a boss?

Is Erie Voices the media?

Fuqua, who was elected in 2003 after a campaign which criticized the former administration for not being accessible to the public, said the press conferences are necessary to ensure accuracy.

Okay, Fuqua got the public accessibility problem straightened out with the city commission - now who do we talk to about not having a court system that is accessible to the public?

Don Iscman?

"If something needs to get out, I am sure it will get out," Fuqua said of questions on non-press conference days.

Ex officio Mayor Mike Kresser said the press conferences are being held so all media outlets get the information at the same time.

"Now everyone will have the same story," Kresser said.

Look "media," this is the story. You repeat it this way, in these words and we don't want to see any deviation. We have to reach consensus on how the story will be played. Does everyone understand? Damn it, I said does everyone understand?!

Commissioner Dave Waddington wanted to wait to comment until he talked with Will.

He had to get his story straight with Mike Will.

Waddington said Tuesday night he was aware the city was talking about the new policy, but didn't know it was official.

Commissioner Suanne Brown could not be reached for comment Tuesday night.

Thursday's press conference starts at 3 p.m. in the second floor conference room at city hall, 222 Meigs St.

I'll try to make it. No promises though. I'll be busy chasing down public records, so I'll have to set time aside.

Kaman said the public is invited to attend. He also said citizens should call the city manager's office if they want questions answered, depending on the information sought.

(That's just in case any tough questions are asked.)

---

Later that night: [parody alert]

Leroy Sizemore addresses a crowd formed near the city building. The crowd is demanding to know whether or not the city is still insurable because of recent racial profiling incidents and the denial of access to the courts which has resulted in numerous sure-win lawsuits brought against the city. The city's insurance company is threatening to drop their policy - and the information is "leaked" to the evil media.

The crowd clamors louder and louder...

Sizemore: [smiling nervously] Folks, all of your questions will be addressed by our minister of information. Please direct all of your questions to him.


Sandusky Register Worried About Trolley Servicing Metroparks Pool, Erie Voices Concerned With Illegal Contracts With Law Firms
Tuesday, November 16, 2004, 11:19 PM
This is a perfect example of how our local rag, the "Sandusky Register" is complicit to the stark perversion of the role of media in our society.

We quoted Louis Brandeis awhile back about how "electric light" is the most effective policemen when it comes to honesty in public service. Louis meant that publicity destroys corruption - and if that publicity or "electric light" is kept off willingly by those who wield the media's power - our entire society suffers.

Here is a perfect example: The Register reads this website. There's no doubt about it. We track their IP's and we know that they read us at least 3 times a day.

Well isn't there someone at the Register who is more concerned about the ton of money that gets pissed away through illegal retention of Baumgartner and O'Toole by the Erie Metroparks than the EMP's swimming pool at Osborne Park? Is there someone who has the guts to ask Granville what he's doing with all that money?

Get a clue, Register.

At some point before our society crumbles the people who are in charge will have to realize that there are more important questions that need to be asked than whether or not the EMP should leave open a run down pool so that residents can "enjoy" their resource more. Or whether a city trolley will service the park so all the boys and girls can have fun and giggle, and have a fine and dandy time.

Do it now before it's too late.

After all, we're running out of money.


Sandusky Register Asks A Seriously Important Question That Everyone Should Seriously Take Time Out Of Their Day To Answer
Monday, November 15, 2004, 08:38 PM
Sandusky Register's survey question for November 16th:

If the $200,000 were no object, would you ride a ship like SpaceShipOne?

a. I'm packed; where's my ticket?

b. Probably

c. I doubt it

d. Better things to do with the money

---

The Register's "spaceship question" narrowly beat out these runners up:

---

If you could have all the money in the world, how much would you want?

a. A million dollars

b. A billion dollars

c. A quadrillion dollars

d. A bazillion quadrillion majillion dollars

---

If you could have a perfect life and never have to work for it, would you do it?

a. Sure

b. Not Sure

c. Definitely

d. No

---

Not even considered for printing by the Register were these questions:

---

Do you think that Chris Redfern should tell the truth during his political campaigns?

a. Yes

b. No

c. Couldn't care less. Let's talk about spaceships, dude.

---

And this one:

---

Do you think it's a big deal that Jon Granville basically admitted in emails to Erie Vocies that the Erie Metroparks spent a ton of county tax dollars illegally through unbid legal counsel during their fight over the Huron River Greenway?

a. Yes, I think it's a big deal.

b. No, I don't think it's a big deal

c. Who cares, let's talk about spaceships, dude!



Quote Of The Week: Elsebeth Baumgartner On Case Fixing
Saturday, November 13, 2004, 07:32 PM
"In a courtroom, the rules of evidence are wonderful - when they're followed. And what I've learned from all of my experience with the Ohio judicial system is that a judge can actually control the outcome of the case through his control over the admission of evidence."

[WaTcHeR]

Jeff Newcomb's Comments
Friday, February 18, 2005, 09:52 AM
Erie Voices would like to thank Jeff Newcomb for getting angry about the recent indictment of The Editor on “intimidation” charges.

So let's do an "agreeable fisking!"

Jeffrey Newcomb writes:

You mean to tell me that passing a note in a courtroom is grounds for an indictment? J.Man whoever the [bleep] you are. You should be telling this man Mr. Dubois to be raising HOLY HELL. How dare you write your opinion to sugar coat the Bull[crud]. This wasting of taxpayer’s dollars is enough for someone to flip the [bleep] out. People are working to hard to a messed up economy to be going through bullshit like this. The problem is J.Man instead of people like you writing to Bryan you need to send a letter to congress and ask DO you know how taxpayers are spending [their] money in Erie County? Indicting people for passing a [bleeping] note in court. BIG [BLEEPING] DEAL. You people are all sick [Bleepers]... Brian if you listen to this freak you’re falling for the trap.


Jeff, we sense that you’re upset about this so we’d like to explain: In this case, Ottawa County Prosecutor Mark Mulligan has indicted someone who has been intensely criticizing him for months on their blog. We share your disgust because 1. It’s a waste of time and taxpayer resources, and actually contrary to the taxpayer’s interests because we’re acting as taxpayer advocates on this site (by pointing out waste, fraud and abuse – like the Island Express Story) and 2. Mulligan is acting out of self interest because he knows there was no intimidation (The victim is an older guy who was actually pretty mean looking and outweighs me by at least 100 pounds) and Mulligan believes that he can silence my criticism with criminal charges.



A few weeks before we called Mr. Mulligan “dishonorable” in an Ottawa County courtroom for ignoring the intimidation of Elsebeth Baumgartner by Ottawa County officials [in the form of sham bench warrants] – I had a discussion with Mr. Mulligan about why I was forcibly removed from the Ottawa Municipal building because I was trying to file a “motion to quash” in Baumgartner’s criminal case. (Which she’s already served 231 days on that first offense nonviolent misdemeanor) The Ottawa Municipal Clerk stonewalled me, wouldn’t divulge her name, and then provided an order from Mark Mulligan explaining that she could not accept filings from Dr. Baumgartner! I reminded Mulligan that as the top law enforcement officer in the County he had a responsibility to look into misconduct of other court officials – but instead of showing any interest in what I had to say he walked away from me and explicitly told me that it was not his function in life to help me. (Yes, Mulligan actually said that.)



Of course, when the PC News Herald asked Mulligan about the indictment he obtained on me – Mulligan attempted to make it appear like he’s just “doing his job” - but like you said, “passing a note is ground for an indictment?” Keep in mind that while Mulligan finds it appropriate to indict The Editor of Erie Voices for “intimidation” Mulligan didn’t think it appropriate to seek an indictment on Ray Kest – even though Kest stole $16,000 from Lucas County taxpayers! The irony here is just too much: We’ve been critical of Mulligan because he doesn’t seek indictments in serious cases of misconduct – but he prosecutes people who are critical of his office on sham/weak charges – (prosecuting Elsebeth Baumgartner for "falsification") and in my case he prosecutes me over a note!



Mulligan would like us to forget that he immediately recused himself in the Bucholz case because of a purported "conflict of interest (Bucholz was the former Ottawa County Coroner who was accused of falsifying information on his voter registration card) yet Mulligan gladly stayed on Baumgartner's case and prosecuted Baumgartner until a Judge kicked him off the case because of misconduct. In Baumgartner's case there was a serious conflict of interest because they used to be friends, and now Baumgartner was accusing Mulligan of misconduct. Yes he stays on her case for payback. Mulligan uses the recusal system whenever it benefits him - and when it doesn't, he ignores his duties and vindictively prosecutes his enemies.



To better understand the vendetta between Mulligan and Baumgartner, here’s a little history:



Baumgartner ran against Mulligan for the Ottawa County Prosecutor position in 1996 and was forced to withdraw from the race because of a family tragedy. There has always been a sense of gamesmanship there – and now it’s been reduced to a ridiculous pissing match between lawyers. Even before the race in 1996 Joe and Elsebeth Baumgartner were friends with Mulligan and his wife – so they all personally know each other. Joe was a college roommate with Mark, and now because of the estrangement between them Mark uses his office to harass the Baumgartner’s. Between 1999 and 2000, when Dr. Baumgartner blew the whistle on thefts she investigated in the Benton Carroll Salem School System, (illegal contract steering and certain school employees were claiming to be in 3 different places at once in order to be overpaid by the school system) Mulligan refused to prosecute the thieves and he failed to investigate the harassment of Dr. Baumgartner’s daughter Jessica. Jessica was being harassed by one of the thieves who was upset that Dr. Baumgartner caught his fraudulent submissions to pay by the BCS school system. (Athletic Director Gary Quisno)



Since Dr. Baumgartner is a federal grants expert and was Ohio’s leading biotech transfer attorney before she went afoul with Ohio’s legal establishment – and Mulligan would have us believe that everything she’s saying is “false” then what person is qualified to warn us about the illegalities of a public contract? If we don’t listen to Baumgartner, whom do we listen to? Baumgartner was hired by the University of Michigan and Ohio State to ferret out the ownership of intellectual property that originated in those Universities – which is a very complicated thing - but Ottawa County Prosecutor Mark Mulligan would have the public believe that Baumgartner can’t interpret a simple contract in the Oak Harbor school system? I mean - it’s completely laughable!


You mean to tell me that passing a note in a courtroom is grounds for an indictment? J.Man whoever the [bleep] you are. You should be telling this man Mr. Dubois to be raising HOLY HELL. How dare you write your opinion to sugar coat the Bullshit.


This is frustrating us too Jeff. But the fact is, in order to accept what has happened to Dr. Baumgartner – one must throw out everything you’ve ever learned about justice. What they’re doing to her – and now me because I defend her is simply unjust. It’s not a matter of finding a legal way to charge me through the “seamless web of the law” because a prosecutor can charge anybody with anything if he really wants to – it’s a matter of gauging Mulligan’s discretion and seeing how he uses it to further justice. We’re trying to point out waste fraud and abuse – and we get indicted while the people who are stealing are asked to simply pay the money back and they get off scot-free! We’d like to note that Mulligan has suddenly shown interest in the Genoa case of theft in office after being criticized on Erie Voices. Mulligan understands that the public is now seeing his prosecution double standard – and he must’ve started to feel some heat about it. Mulligan indicted me because he can’t help himself. He must believe it’s easier to send me to jail than deal with the criticism. Even those who are criticized on this site should recognize what’s happening here – and recognize that it’s fundamentally dangerous in our system of government. (and if they don’t, Erie Voices will just have to shut down when I go to jail!)


This wasting of tax payers dollars is enough for someone to flip the [bleep] out.


We agree Jeff. Not only are the people being misled by the legal establishment – they don’t seem to understand the harm that will be caused if they tolerate people like Mulligan charging those who stick up for the taxpayers. As usual, it’s up to the taxpayers to put pressure on the government to do the right thing – beucase if there’s one thing that’s painfully obvious here: You can’t count on these guys to police themselves.


People are working to hard to a messed up economy to be going through bullshit like this.


Not only that, but Mulligan is using your money to indict me! Over what? Because I passed a note with a business card attached to a man who had just perjured himself – in order to inform him that I was willing to expose his perjury! Again, no interest from the Prosecutor’s office about the perjury – and no interest from the Judge who was supposedly “adjudicating” for justice! These men have sweeping authority to use their discretion in order to ensure justice and not one of them has asked for more information on the perjury! Instead they INDICT me! Kinda fits in with the assertion that the court system is fixing Baumgartner’s case, doesn’t it?



Elsebeth even says in her letters to reporters that Judge Markus was specifically assigned to this case by Tom Moyer to shut her down – which makes perfect sense because Elsebeth has accused Tom Moyer of misconduct because he has failed to police the legal system in Ohio. Moyer ended a contempt hearing on Baumgartner when she called him a liar in open court – so Moyer is probably still upset with her. Back in 2001 Elsebeth said that The Ohio Supreme Court’s Office of Superintendence needed to do something about Erie County Common Pleas Judge Ann Maschari. How much more proof do we need that Baumgartner was right about that? Ann Maschari leaves thousands of cases pending in Erie County Court – without ever sparking a probe from the Ohio Supreme Court - while we pay Maschari a six-figure salary to do a job that she’s not doing! Meanwhile, Erie county residents must pay for a 4th judge to cover for Maschari’s ineptness that is enabled by Tom Moyer!



Does this upset you as a taxpayer?



It should!

[WaTcHeR]

The problem is J.Man instead of people like you writing to Bryan you need to send a letter to congress and ask DO you know how taxpayers are spending there money in Erie County?


Jeff, you’ll be happy to know that we’ve been getting hits on this website from Washington DC. (Government Internet systems from the House of Representatives) We believe we have their attention even though the Ohio Attorney General’s office has declined to help us (Petro’s office actually told us “You need to call Washington DC”). We think that Mulligan and Baxter’s conduct is going to force a federal probe – it’s just a matter of time.


Indicting people for passing a [bleeping] note in court. BIG [BLEEPING] DEAL. You people are all sick [Bleepers]... Brian if you listen to this freak you’re falling for the trap.


Don’t worry about it Jeff. I’m not falling for the trap. I think Mr. Mann was just trying to give me a bit of advice and he’ll be happy to know that I’ve already contacted a lawyer and we’re working on my case. As usual, we’ll keep everyone posted on this vindictive charge.


Let freedom ring.


Ditto that – for as long as possible!

[WaTcHeR]

Jump On The Bandwagon Sandusky Register! Let's See Those Public Forums On Your Website!
Thursday, February 17, 2005, 03:53 PM
Tropical TV Man says Newspapers being killed by blogs
Jason Salas, of NBC affiliate KUAM News in Guam, has written that Newspapers are a dying medium, and their impending death in a result of blogs.

He contiunes: “The rise in blogging applications and the millions of people flocking to use them, serving as ad hoc reporters, has already blurred the definition of what a traditional professional in our beloved field is. One of the main advantages of being a journalist in years past was that you belonged to a somewhat-elite industry, meaning only that you had to be officially employed as such. Now anyone can just jump in and arguably be legitimate…most newspapers will fall victim to their own ignorance/arrogance and failure to realize they’re too far behind the times until it’s too late. They’ll be dead before they know it - a sad but not unexpected casualty in the name of industrial progress. “

Whether old media relents and gets with the program or withers away is yet to be seen, but its interesting to note that even from Guam, mainstream media commentators are catching on.





Delores Donald's Letter To The Editor
Thursday, February 17, 2005, 03:40 PM
Very persuasive (but misleading) letter in the Register the other day. I noticed that the Register also published a few pro-Fuqua letters in their print version that they didn’t publish online (maybe some of those online readers should complain about not getting their money’s worth!)

Larry Fuqua was the head of the Erie County Adult Probation Department and he was placed on administrative leave by the new judges on their first day in office. Knowing what I know about Ejay Baxter’s case – and how it was mishandled by the Erie County Probation Department – I think it’s a pretty good indication that Fuqua was not doing his job correctly. I believe that Judge Binette and Judge Tone had good enough reason to let him go.

Putting trust in Tone and Binette’s leadership is a whole lot easier because, to my knowledge, their integrity and work ethic has never been questioned.

Delores Donald writes:

In efforts to encourage a continuation of unity among the citizens in this fine community, as a newcomer I believe that from time to time, it is important to remember some of the obstructions and impediments that we as a nation had to overcome.

We shall never forget the history lesson of our past and how the ugly blemish of bigotry has stained the image of our nation throughout the world, how hypocritical it would be for us to ask our young men and women to go over to fight and die for the rights of others to vote, had it not been for the great Martin Luther King Jr., and his ultimate sacrifice for our civil rights here in America.

Miss Donald is setting this letter as if Fuqua’s employment is a civil rights issue. Just because Fuqua is black doesn’t make this a civil rights issue. If he wasn’t doing his job – and he serves at the pleasure of the judge – then Tone and Binette can exercise their discretion to either fire him or continue his employment. Now just because I said that – doesn’t make me a racist – so don’t even try it. (But I welcome any information that could change my mind about whether or not Fuqua was doing his job.) You’ll notice that when the Register published the story about Fuqua being placed on leave – Fuqua denied that it had anything to do with Amy Montgomery’s charge for theft of County funds. (Did it?)

With that said, I'd like to focus in on this city and the license that it gives to our elected officials to implement their authority, in the name of justice, to practice injustice against Mr. Lawrence Fuqua Jr.

What evidence does Miss Donald give to prove that the action against Fuqua was “unjust?”

She gives none. She only can say this as if it should be taken as fact.

It is wrong to use your position to punish anyone for exercising their constitutional right to vote in opposition to your cause.

Miss Donald makes this statement as if one of the judges already made the admission of “firing” Fuqua because Fuqua voted against Binette or Tone. In fact Binette did not specify why Fuqua was placed on administrative leave – but that it was NOT because Fuqua supported Kevin Zeiher for judge. (Perhaps Binette kept his reason private so as not to embarrass Fuqua? Honorable men do such things, ya know) In fact, there are people who continue to work for the Erie County Court system who voted for Kevin Zeiher.

When we have individuals who have overcome so many obstacles arising from the defaults of the past improve themselves, and become an integral part of this community, it retards the progress of the city as a whole.

It’s good that Fuqua was able to secure his position with the Court system – but with that job comes trust that he’s doing his job. We can point out specific cases where his job was not being done – and there is no sense in keeping him around at the expense of the taxpayers if he’s not earning his keep (like Ann Maschari.)

In spite of the continual effort to thwart the noteworthy accomplishments of our valued and beloved Mr. Fuqua, we will continue to love and respect him.

Delores Donald
NCNW President
Sandusky

[WaTcHeR]

Larry Bumphus Article From Lorain Journal
Wednesday, February 16, 2005, 12:33 PM
This article appeared in the Lorain Morning Journal shortly after Sanduskian Larry Bumphus was found guilty rape and aggravated burglary. Bumphus’s conviction was overturned by the 6th District Court of Appeals on the very first item that Bumphus’s lawyer claimed was grounds to order him a new trial. The appeals court found that Joey Toothbrush Cirigliano violated the defendant's rights.
Way to go Joey Toothbrush Cirigliano!
Rape trial jury finds Sandusky man guilty
SANDUSKY -- After deliberating for about five hours yesterday, a jury found Larry Bumphus guilty of two counts of rape and one count of aggravated burglary, according to Erie County Prosecutor Kevin Baxter.

''We're pleased,'' said Baxter, adding he thought the evidence supported the verdict.



Baxter is “pleased” with the conviction – even though he and Joey Toothbrush Cirigliano violated some of the most basic rules in American jurisprudence.

The charges stemmed from a Sept. 23, 2000, incident in which Bumphus, 47, allegedly forced a woman, who was letting her dog out, into her Scott Street home, then forced her to have sexual intercourse and oral sex, according to Baxter.

In his closing argument, Baxter recalled the woman's testimony that she did not know Bumphus before the incident and she did not consent to sex.

''There was nothing in her testimony to suggest there was any consent there,'' Baxter said.



Bam! Right there.



Where did Baxter get his law degree? Doesn’t Baxter know that it’s not up to Bumphus to prove that he didn’t rape the young lady? Doesn’t this County Prosecutor – with all his years of experience know that the burden of proof is on the State to prove that the defendant committed a crime?



The victim is the complaining witness – and if she’s saying that she was raped – and no physical evidence supports her claim – then the State cannot convict this man.



If all it takes is the word of the victim then Kevin Baxter should also be in jail for rape because in this affidavit, Sanduskian Krista Harris is claiming that Kevin Baxter coerced her into sex under threat of incarceration!



This is such a fundamental violation – it’s almost unbelievable. Baxter seems to be shifting the burden of proof onto Bumphus when it’s really up to the Prosecutor to produce evidence in order to obtain the conviction. Judge Markus did the same thing to Elsebeth Baumgartner in her so called “libel trial.” (These guys seem to be working together to preserve their crooked system – even though they’re violating our rights at such a fundamental level.) Isn’t it curious to know that Baxter also used Mark Mulligan – who has just indicted The Editor of this website – in order to convict Elsebeth Baumgartner of “falsification” even though Baumgartner was only representing Krista Harris through Harris’s sworn testimony in her affidavit? Would it pain you to know that Kevin Baxter also used the “intimidation” statute to charge his brother Ejay with 40-some counts of “intimidation?” There again, no specificity of the charges – (like in The Editor’s case) just a sham indictment that claims Ejay “intimidated” someone. Kevin Baxter ran Ejay out of Ohio – and then harassed him in Florida with a sham bench warrant from Joey Toothbrush Cirigliano! (which the Register also refused to report)



Erie and Ottawa Counties are out of control, baby!



In her testimony, the woman told jurors she could not remember certain details about the incident, such as going to a gas station and talking to a clerk there, Baxter said. She also was defensive during her cross examination by Bumphus, who represented himself at trial.



''Defensive, yes, hostile, yes, combative, you bet, when she's being called a liar by the same man who raped her,'' Baxter said.



Kevin Baxter: Judge Marschari, I’d like for you to appoint “special prosecutor” Dean Holman to this “theft case.” It involves Krista Harris – who I cannot prosecute personally because I have a conflict of interest.



Ann Maschari: Very well Kevin.



Krista Harris: Kevin Baxter appointed Medina County Prosecutor Dean Holman to prosecute me because I know all about Baxter’s misconduct! That sonofa[bleep] bragged to me about fixing cases while we were doing coke together!!



Ann Maschari: Miss Harris you seem to be very hostile.



“Special Prosecutor” Dean Holman: [chuckling to self] ''Defensive, yes, hostile, yes, combative, you bet, when she's being called a liar by the same man who raped her,''

Kevin Baxter: hehe [hi-fives Holman]

A rape kit performed at Firelands Regional Medical Center turned up samples of bodily fluids that later testing showed matched Bumphus' DNA, Baxter said.

In his closing, Bumphus said he and the woman met that day and she was willing to sell him jewelry and trade sex for drugs. However, visiting Judge Joseph E. Cirigliano sustained Baxter's objection that there was no evidence of that claim.



Interesting idea “judge.” Could you let us know when you get to the part where the prosecutor proves that the defendant raped the victim?



Bumphus acknowledged the matching DNA found in the rape kit and in samples of his saliva taken by Sandusky police, who had a search warrant for the samples.

''I know it was my DNA because we had sex,'' Bumphus said. ''Ladies and gentlemen, it was consensual.''



Makes sense.



Bumphus also countered that Sandusky police and the woman never found a pair of underwear that were torn from the woman, who also had no bruises or marks around her waist or hips.



Huh?



The State never found the necessary evidence that they needed to convict this man of rape? There were no marks on this woman indicating she had been raped? No bruises, no marks on her waist or hips?



Sounds like Larry Bumphus got scrubbed by KB and the Toothbrush.



''It was a scuffle,'' Bumphus told the jurors. ''We've heard about those ripped panties for three days. Nobody knows where those panties are at.''

''The whole element of forced rape disappeared,'' Bumphus said.



Again, if Bumphus didn’t rape the woman – how could Bumphus admit evidence of a crime that didn’t occur?



Erie County Prosecutor Kevin Baxter: Yeah, Erie Voices, we were faced with the same problem. But my office [through Dean Holman] just under prosecuted Jim Hofmann – and so now we have to come down hard on this black man to give the appearance that we’re “tough on sex crimes.”



Joey Toothbrush Cirigliano: Happy to oblige you Kevin.



The woman also changed certain details as she recalled the incident for a responding Sandusky police officer, hospital nurses and a detective who was working on the case, Bumphus said.

''When are those stories going to stop changing?'' Bumphus said.

Sentencing is scheduled for Aug. 20, according to Baxter.



At the sentencing, Toothbrush gave Bumphus 40 years in prison – and his conviction was overturned on appeal – based on the very first assignment of error. (That way the 6th District doesn't have to address the other mistakes Toothbrush made)

Larry Bumphus has been sitting in jail this whole time for a crime he probably didn’t commit. (And I bet the 6th District is getting pretty tired of Joey Toothbrush Cirigliano)

---

Shawn Baxter told me that he ran into Joey Toothbrush in the Erie County Clerk’s office. According to Shawn, Joey Toothbrush tried to ignore him but Shawn confronted him by saying, “Hey, what are you still doing sitting on the bench? You’re 80 years old! Get out of here!”

I wish I could’ve seen that.

Toothbrush: “I hope Tom Moyer appoints me to your intimidation case Mr. Editor – because me and Mark will fix the case and I'll sentence you to 5 years in Marion.”

[WaTcHeR]

Register's Alarm Bells Going Off
Wednesday, February 16, 2005, 08:16 AM
Teach these kids before it's too late

Sandusky Register February 16, 2005

Editorial


The finding by the Knight Foundation that more than a third of college students surveyed think the press should get "government approval" before publishing anything is chilling and ironic.



It's chilling because that many college students -- 36 percent of a survey of 112,003 students -- are that ignorant of the protection the First Amendment offers everyone.



Well Sandusky Register, what are you waiting for? I’ve got a perfect template to use to teach these kids: I criticized the Ottawa County Prosecutor for about 5 months – and then he turned around and charged me with “intimidation” with a facially defective indictment in order to shut me up.

Do you think there’s a story in there somewhere?



It's ironic because the finding comes as the distinction between freedom of speech and freedom of the press has less and less meaning.



Guys, there should be no distinction between the two. Freedom of the press meant that you could write anything you wanted – just as long as it didn’t interfere with someone else’s rights. (You’re allowed to say and write anything you want.)



The fact is, journalists have no special legal standing (other than the oft-debated and murky "shield laws" that protect, more in theory than in practice, journalists from a legal requirement to reveal confidential sources) to discover or disseminate information. The distinction has been more of a practical matter than a legal one.



Right.



During a court proceeding on December 1st 2004, I was trying to figure out if Judge Markus considered me a member of the press – and when he beckoned me in open court to rise and identify myself – I did so – and he referred to me on the record as a “member of the media.” Then he turned around and threatened me with an “intimidation” charge for trying to uncover perjury in his courtroom.



From a legal standpoint, anyone can avail himself or herself of the public record and tell other people what was discovered -- but as mass communication became more and more massive, it became practical to let the so-called pros do the digging and disseminating. Freedom of the press belonged, all but exclusively, to him who owned one.



Now, I own a press. It’s called “Erie Voices,” and as you all can see – one of the biggest story I’ve written and documented so far is the fact that the local press seems to be covering for those in local government.



(Ann Maschari’s misconduct was never revealed to the public in the newspaper until the day she left office, the proof of Kevin Baxter’s misconduct is being held away from the public.)



But mass communication is losing its mass. From desktop publishing to the Web log, or "blog," anyone can say whatever he or she wants, to as many people as care to read or listen.



(Much to the chagrin of the Register it seems)



In other words, freedom of the press is freedom of speech. The practical distinction grows smaller and smaller.



Right. That’s what I was taught in school. Freedom of the press protected our rights as Americans to express ourselves - especially politically - in the written word.



As Andrew Sullivan says on his blog: “The Revolution will be blogged.” I interpret the “revolution” to mean that the people are using blogs to peacefully revolt against the corporate driven media which is protecting a web of lies brought about by those in power – who work hand in hand with politicians to frame debate in America.



It's far too early to tell whether we should be alarmed by the results of the Knight survey.



Huh?



It’s not too early Sandusky Register. When it becomes obvious that young Americans are not aware of their rights or don’t understand them – the day the test results are revealed would be a perfect time to get concerned.



After all, slightly more than half -- 51 percent -- of the students surveyed think the press should be able to publish freely. And there's still a chance that a significant portion of the 36 percent might somehow see that freedom of the press is part and parcel of their freedom.



It's been said journalists and journalism educators don't do enough to show the public how a free press is in their interest.



That’s because the “journalism educators” are part of the corporate landscape. Their schools are “feeding” the industry with new journalist automatons that will conform to exactly what their prof’s are telling them.



For a variety of reasons, from valueless "infotainment" puff pieces to a dearth of real digging, it's harder and harder to convince the man in the street that restrictions on the press are a problem for him.



As you can see, the Register is doing a fabulous job on preserving the public’s appreciation of the “dearth of real digging.” – Annette LaCross won’t even publish prima facie evidence of our County Prosecutor’s misconduct and abuse of tax dollars and the fact that the evidence was provided to the Erie County Commissioners!



Why are they withholding the information? Because they know they’d have to identify this website – and there’s no way they’re going to tell the public about Erie Voices in their corporate newspaper!



And, ironically, the growing pressure from the mavericks of the Web [read “Erie Voices”] and the newsletter might be what saves the press from government control, even as it erodes the influence of the corporate media.



That is the intention. Glad we’re seeing eye to eye.



For when the public takes the reins of public opinion in its own hands, it will see for itself how dangerous it would be to let the government take those reins.



Damn right.



Now – let’s get back to Ottawa County Prosecutor Mark Mulligan.



Do you guys realize that he’s trying to throw me in jail because I’m criticizing him? Toledo Blade, and Cleveland Plain Dealer, don’t you guys see a story here?

"Hi! As you know, a Prosecutor can indict a ham sandwich, so I know from personal experience what Bryan is going through – but the real topic of discussion here is when is the Toledo Blade, and Cleveland Plain Dealer going to be concerned about Bryan’s indictment because if we let these County Prosecutors charge journalists with crimes for pointing out misconduct – what will this country become?

[WaTcHeR]

Kristina Smith's News Herald Article
Tuesday, February 15, 2005, 01:10 PM
Kristina Smith’s Article In News Herald Corrects Injustice In Legal System



I might get on Kristina for some things [she thinks Erie Voices is full of “venomous personal attacks”] – but this article is a perfect example of the correct role of media in society. Way to go Kristina Smith! She wrote the story about how a juror was coerced into giving a guilty verdict last month in an Ottawa County courtroom. Judge Paul Moon recognized where he went wrong with the coercion and ordered a new trial.



Judge orders new sex trial
Juror wasn't sure of guilty verdict

By KRISTINA SMITH
Staff writer

PORT CLINTON -- A judge threw out a jury's decision to convict a former Lacarne man of molesting a 12-year-old girl and ordered another jury trial Monday in Ottawa County Common Pleas Court.

A new trial for Dale Powell, 48, of Bay Township, is set for May 3. He will be tried on the seven felony and misdemeanor charges on which the jury convicted him.

"We will go back to trial and convict him again," Ottawa County Assistant Prosecutor Lorrain Croy said.

Convict the man again if that’s what you must do. We have system checks on the judicial system and we use them to protect innocent people from wrongful conviction. If the prosecutor is forced to convict him again, then they must convict him again. We must follow the rules – especially those that involve protecting our rights!

Powell was released from the Ottawa County Detention Facility on bond Monday afternoon. Ottawa County Assistant Prosecutor Lorrain Croy and jail staff did not know what Powell's bond was.

Judge Paul Moon took responsibility for the need for a new trial after juror Sonya Claar of Graytown said Moon and jurors intimidated her into convicting Powell after eight hours of deliberation Jan. 27.

Way to go Judge Moon. It’s never too late to take responsibility for our mistakes – and this type of action – when it’s done correctly shows that there is honor in admitting when we’re wrong.

After the first trial, Moon asked the jury members to affirm their guilty verdicts, and all jurors but Claar did. Claar, however, said, "I cannot answer yes to that, Your Honor."

Moon said he thought Claar said she could not answer the question at all and told her, "You have to." After reviewing the trial transcript, Moon said his response to Claar was inappropriate.

"It flies in the face of the sanctity of the defendant's right to a jury trial," Moon said.

Even though he’s admitting a mistake, Moon does so.

"If this is all my failure to perceive an appropriate response from a juror, then so be it," Moon said.

Powell's attorney, Thomas DeBacco of Port Clinton, said Moon made the right decision.

Parents of the 12-year-old victim, who is now 14, shook their heads as Moon read his ruling. They were not available for comment after the hearing.

Sure it’s disappointing – and we’re not saying the gentlemen is innocent – but even in trying times Judges and jurors and prosecutors must follow what they believe is right. Judge Moon will probably not make this same mistake twice.

Croy said the girl will have to testify again.

That can be an ugly thing (testifying about something horrible that happened to you) – but while the criminal justice system is in place to protect society from criminals, we must also come to grips with the fact that the government is the most powerful entity in our society and making sure our elected officials do their job is necessary in order to protect us from the loss of freedom and violation of rights we’ll experience if even the most wretched among us have their rights violated.

Six of the 11 jurors who affirmed their verdicts attended the hearing Monday and gave sighs of exasperation at Moon's decision.

Disappointing about the need for another trial – but Moon did his job.

"They are upset that their verdict is being questioned, and they're here to support that verdict," Croy said.

Some of the jurors who could not attend called Croy before the hearing to show their support. They also denied bullying Claar into the verdict, Croy said.

Claar said she agreed with the convictions regarding the 12-year-old girl's testimony -- two counts of gross sexual imposition, a third-degree felony, and one count of public indecency, a fourth-degree misdemeanor -- court records show.

She disagreed with convictions on one count of disseminating harmful material to juveniles, a fifth-degree felony; one count of furnishing alcohol to a minor, an unclassified misdemeanor; one count of criminal trespassing, a fourth-degree misdemeanor; and one count of compelling prostitution, a third-degree felony, court records show.

Those charges resulted from three girls' allegations that Powell bought them alcohol and showed them pornographic movies.

Croy said she did not know why Powell would have a new trial on the convictions Claar did affirm involving the 12-year-old.



Port Clinton Economic Development
Tuesday, February 15, 2005, 11:29 AM
KJ Koon writes:



When is Port Clinton's leadership going to come to grips that it's not one of the Erie islands and get down to the real business of actually trying to manage the city? I mean how is it that the neighboring town of Oak Harbor can manage it's finances, maintaining a thriving downtown business marketplace, all without all the catastrophe that seems to constantly befall Port Clinton? There is no holy grail of tourism in Port Clinton's future, at least not that the city will run on, so let's get down to the business of attracting some real industry and jobs to the area, and stop hoping for the money to fall from the sky or out of a passing tourists pocket.



We don't need to construct another "attraction" or museum, or another fancy mural to gaze into. (Who thought of that anyways?, a hot dog stand would have at least returned some of the investment and got patronage from the city park and baseball diamond across the street!) A municipal marina would be a great idea, but it's not the silver bullet that will save the city and should not consume all the directors’ attention and city's resource. Sound financial planning, an aggressive economic development plan which involves attracting actual business, and more competent leadership are the city's only hope from where I sit.



---



Mr. Koon,



Thanks for writing in.



If any more ideas come to mind - please send them in! We all need to stay focused on the real issues here - because it's pretty obvious that our leadership wants to put bandaids on fleshwounds. One of the points I've heard - and I believe it to be good advice - is this: When talking about business development - always ask a proven business developer - and if you've hired a financial consultant for the City - listen to him.



Downtown Port Clinton has plenty of business people who are probably willing to give feedback to the city on ways to develop the city's economic growth - but the City's leadership must listen to them.

The Editor


Deer, Minivan Collide; Baxter, Mulligan Form Inter-County Deer Crime Task Force
Tuesday, February 15, 2005, 12:16 AM
Deer, Minivan Collide; Baxter, Mulligan Form Inter-County Deer Crime Task Force

BAY TOWNSHIP -- A Port Clinton man was not injured when a deer ran into his mini-van Saturday night on Ohio 53.

James K. Frey, 52, 1003 Glendale Drive, was driving northwest on Ohio 53 near Township Road 112 at 9:33 p.m. in a 2000 Dodge Caravan, according to an Ottawa County Sheriff's Office report.

A deer was running east and struck the left front of Frey's mini-van, according to the report.

---

[Crowd forms in front of Ottawa County Courthouse]

Mark Mulligan: [Addresses the cameras] Ladies and gentlemen, thanks for gathering here on such short notice. We called this press conference tonight to deal with this new wave of animal related crime that seems to be sweeping our county - and neighboring counties as well. [glances at Erie County Prosecutor Kevin Baxter] We must hold these deer accountable for their actions. If we don’t stop them dead in their tracks – it will open the door to more and more deer related crime.

Kevin Baxter: I agree, Mark. [Baxter stands, moves toward podium] Uh, hi folks, I’m Erie county Prosecutor Kevin Baxter – and I just wanted to take this opportunity to let you know that we’re we are currently forming an anti-doggie dumping task force in Erie County – and if you’d be interested [glancing back and forth between Mulligan and cameras] we’d also like to look into forming an inter-county deer crime task force.

Mulligan: Mr. Baxter, that sounds like a fabulous idea. I’d be happy to form a committee and get together with your office so that perhaps we can make the best of our tax dollars in this regard. [Mulligan smiles] I’m proud to serve the citizens of Ohio with you.

[Mulligan, Baxter shake hands; air filled with camera flashes, shutters clicking]

PC News Herald’s Kristina Smith: Good evening folks, we’re down here in the heart of Port Clinton - in front of the Ottawa County Courthouse – and the Ottawa and Erie County Prosecutors have just announced a new ground breaking law enforcement initiative…

[WaTcHeR]

Reader Feeback
Monday, February 14, 2005, 11:38 PM
Erie Voices readers share feedback on PC Mayor’s answer for economic development



Yes, it’s another [not-so-bright] idea compliments of Tom Brown: “Let's rent bikes and send the riders on Port Clinton's ‘Great Bike Adventure.’”



How about starting out at the abandoned "Rocket docks", past the laundry mat reported so diligently by the News Herald as the one where 2 people had sex on a table while another video taped it, through the Perry St / Jet Express/Mayhews congested traffic area (good luck there), through Erie Gardens (good luck there too), down some neighborhood streets where they will have to fight the extreme potholes and (on a rainy day) extreme flooding and backed-up sewers.



OK, where else is there to ride in Port Clinton? And in the summer, with all the drunken locals and tourists (and Alice Robie Resnick if she's visiting), you'd be taking your life into your own hands to ride a bike in this area. What is Tom Brown thinking?



Hey, don’t worry about the crime around here – we’ve got Mark-I’ll-indict-a-ham-sandwich-with-your-tax-money Mulligan to protect us from people like Ex-BCS Superintendent Charles Burns when his buddies throw you through a plate glass windows.



John Sherry writes:



I was in Port Clinton this past week and thought what the hell I will buy a news herald [WHAT A WASTE OF FIFTY CENTS]. I did read in the news herald that mayor tom brown is jumping up and down again with joy. It seems that tom is all excited about getting somebody to come to port Clinton an rent bikes out to the summer people who hang around port Clinton. Tom wants those summer people to rent the bikes and use them to ride around Port Clinton until it is time for them to get on the ferryboat going to put-in-bay. Tom thinks the bike rental will be good for port Clinton, in his head he thinks that renting bikes out will bring [MONEY AND JOBS] to port Clinton, ole tom needs to get his head out of his [bleeeeep] and stop living in a dream world.

[WaTcHeR]

Well that's it, that's all that is left of the "Blog." It's not alot just a very small percentage, the rest has been deleted or removed at the request of the government. I'm sure this post will be removed one day as well? And I'm very sure it will go right back up again!

This is what could happen, at least in Cuyahoga County, Ohio. If you attack [exposed] area judges, prosecutors and other officials and local newspapers, the government supposedly can come in and threaten your ass with 112 years in prison.

I guess the Cuyahoga County Government doesn't have to go by the U.S. Constitution?

[KC]

She said that on or about April 4, 2005, she advanced a $2,000 down payment on the purchase of a 2005 Kia Sportage titled in Bryan DuBois' name with the understanding that the vehicle was part of his compensation and available for company business. Baumgartner or businesses she controlled made or reimbursed Bryan DuBois for all monthly loan payments on the vehicle up through February 2006.

On May 20, 2005 at approximately 8 p.m. Baumgartner said she was eating dinner with DuBois at Terry's Tavern in Bay View when DuBois received a call from his estranged wife Mandy. He invited her to join in dinner. A short time later, Baumgartner says she observed part time police Chief Proskowski enter a building down the street accompanied by a number of Bay View police officers and thought it strange that such a small village would have so many officers on duty. About 15 minutes later, just as defendant had finished eating, she observed Proskowski, and several police officers approaching Terry's Tavern. DuBois gave her the keys to the Kia, which was parked in front of the restaurant on private property and advised her to "get in, lock the doors, I'll pay and need to use the bathroom". Baumgartner said she unlocked the Kia, entered the passenger side and locked the doors behind her.

Chief Proskowski approached the vehicle and asked her who she was and Baumgartner says she declined to answer. Proskowski advised she had a warrant for the arrest of Baumgartner who challenged Proskowski to produce it. Proskowski responded she could not produce it but it was a bench warrant from Ottawa County Municipal court. Baumgartner says she informed Proskowski, that Bratton knew that warrant" is no good and you know, you can't seek somebody out, stop them and arrest them for an alleged non-violent misdemeanor violation unless the crime was committed in your presence".

Thereafter, Baumgartner says Proskowski was joined by three other police officers who surrounded the Kia and started loudly threatening her with arrest. Baumgartner said she knew, as did the police officers, if she was arrested in Ottawa County, she would once again be held without bond or hearing for an indefinite time in maximum felony isolation has happened to her previously for an alleged probation violation for an underlying non-violent misdemeanor for which she had already served 231 days despite the availability of a misdemeanor facility and or work release.

Baumgartner says she experienced a panic attack, advised the police that she was leaving and slid over in the driver's seat. A female officer raised her baton, threatening to break the driver's side window, thereby risking bashing Baumgartner's skull in the process just as the Erie County deputies had done back on Jan. 26, 2004, Baumgartner says. She said she honked her horn and advised everybody to back off because she was pulling out of the private parking lot in order to protect her rights and herself from bodily harm.

She says that she started to drive to Huron County with the express intent of surrendering herself to Huron County officials, reasoning that under Crim R. 4.1 she would receive a hearing on Monday, May 23, 2005 during which the unlawful nature of bench warrant would be exposed. She says she called DuBois by cell phone and advised him of her plans and instructed him to so inform law enforcement. She says she heard Proskowski scream "Get her" and several Bay View police pursued in vehicles including one allegedly in a private car in violation of police policy. She says she drove south on St Rt. 269 to St Rt. 6 where she headed east to St Rt. 2 and then east to State Rt. 4. She traveled St Rt. 4 South towards Huron County. Erie County and the Ohio Highway patrol were involved in the pursuit outside of Bay View's jurisdiction.

Well prior to the Huron County line Erie County deputies dropped out of the pursuit. Baumgartner was not cited for speeding, running red lights or reckless operation by any jurisdiction. Bay View police did issue a stop sign citation, but this citation was dropped. In fact, Ohio patrol officers commented to the media that defendant drove cautiously, with speeds never exceeding 70 miles an hour on highways and slowing down at intersections on Rt. 4 so as not to endanger anybody.

Lt Gregilla of the Ohio Highway patrol later advised that the pursuit had been called off because a pursuit was not justified but because the patrol had stop sticks already in place at St Rt. 20 and St Rt. 4. When she was stopped, her vehicle was surrounded by at least four patrol cars, four patrol officers with their guns drawn and ordered to get out of the vehicle with her arms up. Defendant complied and was placed under arrest without being advised of a charge or her rights until she instructed the patrol officer to read her rights to her. The vehicle was towed and impounded upon order of Proskowski. She says she has never been advised of the nature of the charge for which she was stopped and arrested by Ohio Highway Patrol.

Baumgartner compares her arrest with that of state Justice Alice Robie Resnick. Baumgartner was not under the influence of alcohol and was charged with felony fleeing and eluding, grand theft auto, resisting arrest and failure to obey. However, no charges were filed against Justice Resnick who the Ohio Highway Patrol sought to detain at a gas station in Bowling Green, Ohio after many motorists reported she was driving erratically on I-75 and endangering the lives of others just a few months prior to Baumgartner's arrest.

Resnick did not obey the request of the officer to be detained but took off and was pursued by the Ohio Highway Patrol on I-75 driving a state owned vehicle while under the influence of a blood alcohol level of 0.22. Justice Resnick was not charged with failure to obey a lawful order of a police officer, resisting arrest, felony fleeing and eluding though the video clearly shows she was all over the road and endangering many lives on 1-75. Baumgartner says State employees do not have permission of the State of Ohio to drive state vehicles drunk yet Justice Resnick was not charged with grand theft auto. Justice Resnick openly tried to use her position to avoid being criminally charged, going so far as to suggest she rules in the highway patrol's favor in cases and should be favored by the patrol due her position.

Justice Resnick pleaded guilty to a first degree misdemeanor charge for driving under the influence and instead of 231 days in jail for a first time non -violent misdemeanor and five years of probation like Baumgartner, Justice Resnick received three days of counseling, had her drivers license suspended for six months. She received no probation despite the fact that she endangered the lives of others. Videos of Justice Resnick's detention, pursuit and arrest are available at www.toldeoblade.com.

Baumgartner said she later learned from an article published May 21, 2005, that Sheriff Bratton, despite his previously stated personal knowledge that the bench warrant had issued without probable cause, had unlawfully expanded the radius for the pursuit and had inflamed the situation by falsely suggesting she was dangerous and mentally unbalanced. She said she was placed in the patrol car of Sgt. Tony Myers and advised him that she should be taken to Huron County jail because she was arrested in Huron County which is not contiguous to Ottawa County. Sgt. Myers allegedly replied that he was taking her back to Bay View police because they would be charging her with crimes in Erie County.

Upon arrival at Bay View, she said she was not formally advised of any charges against her or her rights but told to sit and wait for Ottawa County deputies. She said she observed an officer fumbling through her purse. Bay View police then used information obtained from her Florida driver's license to press four charges against her while she was in custody but failed to advise her of the charges. These charges included a third degree felony fleeing and eluding charge committed within the jurisdiction of the Village of Bay View where speeds didn't exceed 35 miles an hour, a misdemeanor charge of failure to obey the lawful signal of a police officer, a misdemeanor charge for resisting arrest and a traffic citation for a stop sign violation. Bay View authorities did not charge her with grand theft auto because the titled owner of the vehicle Bryan DuBois refused to press charges and criticized the pursuit as "Nazi -like" in comments published by the Port Cinton News Herald. Instead of advising, arresting and transporting her to the Erie County jail, she was turned over to Ottawa County deputies and transported to the Ottawa County detention facility.

Once in Ottawa County, she said she was held without bond or hearing until May 25. At the hearing, Visiting Judge John Adkins admitted on the record that there was no charging document and when she refused to admit to an uncharged probation violation, Judge Adkins claimed he was the complaining witness and ordered her to be held without bond or formal charge. Ottawa County Municipal Court bailiff/probation officer Jody Roster served her with notice of charged probation violation on May 27. On June 1, she admitted she violated her probation as charged on May 27 by leaving the state of Ohio without permission and not advising her probation officer of her new address. She was released on probation which was extended to five years despite the fact that she has served 244 days for the underlying first time non-violent misdemeanor conviction of falsification for criticizing Erie County prosecutor Kevin Baxter at a public meeting.

Upon her restoration to probation, Proskowski appeared at the Ottawa County detention facility and placed defendant under arrest for the charges filed May 20 that were never served upon her. Proskowski detained Baumgartner in her patrol car for a significant amount of time with her hands cuffed behind her back parked outside the Ottawa County jail without serving Baumgartner with charges or advising her of her rights. She was eventually transported to the Erie County jail where she posted $15,800 bond and was released.

On June 2, Baumgartner filed a motion to dismiss the charges in Sandusky Municipal Court prior to arraignment before Judge Erich O'Brien. She moved the court release the Kia impounded since May 20 at the request of her business associate DuBois present in the court room with her. Judge O'Brien said he would have a decision by the next day.

On the afternoon of June 2, Cuyahoga County assistant prosecutor Kasaris obtained an indictment for the same three charges as she had posted bond in Sandusky Municipal Court plus an additional count of grand theft auto without complaint of DuBois. DuBois had widely published at www.erievoices.com that Baumgartner had authority to use the vehicle because it was a company vehicle. DuBois also published statements from the Ohio Highway Patrol that defendant had not driven recklessly and that there was no basis to charge her with any crimes related to their pursuit as well as exposed several alleged false and or misleading statements made by Bratton as published by the Port Clinton News Herald and Toledo Blade. After obtaining the indictment, Kasaris requested an arrest warrant issue and $150,000 bond even though he knew she was already on bond from Ottawa County and Sandusky County Municipal Courts respectively. Judge Tone reduced the bond request to $35,000 but did not give credit for the $15,800 already posted for three of the four counts.

On June 3, Baumgartner contacted Kasaris in an effort to have the arrest warrant withdrawn and summons substituted. Kasaris declined to withdraw the warrant. DuBois also contacted the Cuyahoga County prosecutor's Office in effort to find out whether Kasaris' effort to indict him for domestic violence had been in fact no billed; how his business partner was indicted for stealing a company car titled in his name without complaint from him and to inquire how he could recover his property. Kasaris confirmed that he had been no billed and allegedly declined to assist DuBois the "victim" of the alleged grand theft auto charge, with recovery of the vehicle, though he did authorize its release if Dubois paid for the tow and impound fees. Baumgartner said she paid the impound and storage fees for the company vehicle which she had used a few times after her arrest without complaint from DuBois that the car was stolen previously by her or ever driven in a reckless manner so as to endanger the lives of others.

Baumgartner argues that pursuant to the landmark 1961 Supreme Court decision of Mapp v. Ohio that pursuant to the exclusionary rule and "fruit of the poison tree" doctrine that all charges against her must be dismissed as any "evidence" against her was obtained unlawfully by police by an illegal search and seizure, a violation of the Fourth Amendment.

The main purpose of the exclusionary rule is to deter government officials from benefiting from the violation of an individual's Fourth Amendment rights. This judicially created doctrine prevents police, who have acquired evidence or arrested someone as a result of a Fourth Amendment violation, from submitting this tainted and illegally seized evidence in a court of law, Baumgartner says. Quoting the Honorable Justice Holmes, 'evidence is inadmissible under the exclusionary rule, not only when obtained as a yield of an illegal search and seizure, but also if it results from information derived from an illegal search and seizure.'

The Supreme Court has held that where events are circumstantially innocuous in themselves, or too skeletal and ambiguous to create any reasonable suspicion that an individual is engaged in or was about to engage in criminal activity, the search of that individual is unwarranted and unconstitutional. A stop must be justified by some objective manifestation that the person stopped is or is about to be engaged in criminal activity.

Such circumstances did not exist in the Baumgartner case as she was lawfully sitting in a vehicle in which she had a financial interest and was on private property. Baumgartner argues that she took reasonable steps to protect herself by driving away from a dangerous situation created by improperly trained and reactionary police officers, Bay View Police undertook a pursuit without probable cause and in violation of every area law enforcement's pursuit policies except Bay View's which apparently do not exist.

She said she has repeatedly requested that the State provide her with Bay View Police pursuit policy mandated by Ohio law, but the State has failed to produce any policy leading defendant to conclude that either the policy doesn't exist or the actions of Bay View Police directly violated the policy.

Baumgartner has also filed a notice of claim against Huron County for alleged civil rights violations against her in this case.

In February, based on an affidavit sworn to by Bryan and Mandy DuBois, law enforcement authorities from Ottawa County executed a search warrant at Baumgartner's home, searching the premises for a reported 2 ½ hours. Officers seized computer equipment, which among other information, contained all of her legal research and documents pertaining to this case. As of this date, Karasis and Ottawa County officials have refused to return her computers to her.

The officers also seized documents related to ErieVOices.com. The search warrant did not contain a copy of the affidavit as required when it was executed. The affidavit, later produced, says that the DuBoises will be witnesses against Baumgartner in the upcoming intimidation and retaliation charges involving Judge Markus, that trial now scheduled for July. If convicted on all counts, Baumgartner faces up to 109 years in prison for criticizing Markus and asking him to lawfully perform his judicial duties.

There still has been no decision issued by visiting judge David Faulkner in the 34 counts of contempt filed against her by Markus which were heard at trial in April. 5-29-06

[moo]

June Maxam

Who let this cow out?