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February 2009
Baumgartner to serve remainder of sentence after ruling
By
Kristina Smith Horn • Watchdog/enterprise reporter
• February 20, 2009
Elsebeth Baumgartner will remain in
prison after an appeals court upheld her 2006 conviction on charges
of intimidating a Cleveland-area judge and her former associate. . .
. The Eighth District Court of Appeals in Cleveland ruled Feb. 12
the disbarred Oak Harbor attorney's appeal was
without merit, according to a statement from the Ottawa County
Prosecutor's Office. . . . "She is completely unable to wreak havoc
on the citizens of Northeast Ohio for the next seven years," said
Dan Kasaris, Cuyahoga County assistant prosecutor. "I'm very
pleased." . . . Baumgartner has served about 11 months of her
eight-year sentence in the Ohio Reformatory for Women in Marysville.
She will be eligible for parole after she serves five years, Kasaris
said.
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November 2008
Ex-lawyer's appeal denied
News
Herald reports
11-13-08
-- An appeals court has upheld
Elsebeth Baumgartner's no contest plea to charges of leading police
on a chase in 2005. . . . Baumgartner, a disbarred Oak Harbor attorney, pleaded no
contest to felony counts of fleeing, failure to comply and resisting
arrest and was found guilty of the charges in February 2007 in Erie
County Common Pleas Court. . . . Baumgartner then tried to withdraw
her plea and stand trial. . . . When the common pleas court judge
denied her request, she appealed the decision to the Sixth District
Court of Appeals in Toledo, saying she did not plead to the charges
"freely, voluntarily and intelligently," according to the Sixth
District court's ruling. She said she was coerced into pleading to
the charges while being denied her anti-anxiety medication,
according to the court's ruling. . . . The court rejected
Baumgartner's argument last week because she attended the hearing
with two attorneys, according to the decision. . . . "In fact,
appellant appeared at the plea hearing with two attorneys arguing
her case," the court ruled. "The trial court noted during the
hearing that her attorneys had argued very strongly on her behalf."
March 2008
Baumgartner Appeals Court Okays Criminalizing Free Speech
North
Country Gazette
03-08-08 --
In a chilling, but not unexpected decision, the Sixth District Court
of Appeals has upheld the 2006 criminal contempt conviction of
former Oak Harbor attorney Elsebeth
Baumgartner, lending troubling implications for the public’s right
to criticize public officials, especially the judiciary. . . . The
Sixth District essentially insulated thin-skinned and egotistical
judges such as retired visiting judge Richard Markus of northern
Ohio, placing Markus in a cocoon and ignoring well-established case
law, especially federal case law, concerning contempt cases and the
First Amendment to the U.S. Constitution, in essence criminalizing
the exercise of free speech. . . . The Sixth District failed to
address any controlling U.S. Supreme Court precedent which prohibits
the punishment of political speech or restricts comments on public
affairs. . . Does a citizen have the constitutional right to
criticize a judge or other public official without fear of
retaliation by arrest and jail? No, according to Markus’ brethren
in the unanimous 3-0 decision released Friday. . . . The case is
likely on a track direct to the U.S. Supreme Court as Baumgartner
says she will take the matter to federal court. . . . Last year,
Ottawa County probation officer Jody
Royster had admitted that it was “open season” in Ohio on
Baumgartner. Conventional wisdom indicated that there was virtually
no way that Baumgartner could have expected to win her appeal at the
state court level.
Ohio Official Admits It's "Open Season" On Baumgartner.
In a sworn affidavit given by the late Judge John Adkins last
January, Adkins reportedly admitted that in essence there is a
“judicial hit” on Baumgartner, admitting that he had been appointed
by Chief Justice Thomas Moyer to handle the initial politically
charged case against brought against Baumgartner in 2002 on
complaint of Erie County prosecutor Kevin Baxter and in essence,
Adkins admitted that he had allegedly been ordered to stifle her and
insure a conviction which ultimately led to her disbarment and later
revocation of her pharmacy license.
Click to Search the North Country Gazette
for its extensive reporting on Elsebeth
Baugartner
Ohio Attorney Baumgartner Jailed Again
By Greg
Szymanski
02-29-08 --
An Ohio attorney facing 66 years and
six months in jail for speaking out a city council meeting was
jailed last Thursday after making a routine court appearance in
preparation for her upcoming trial. . . . Information still remains
sketchy as to the exact reason why attorney Elsebeth Baumgartner was
hauled away to the Erie County jail, but sources close to the case
say it's nothing but 'political pay back' for uncovering serious
corruption in Cuyahoga County leading all the way to the doorstep of
the White House. . . . As outrageous as it sounds, Baumgartner faces
a total of more than 109 years in jail on other felony charges
stemming from city council incident, including emailing a high
ranking Ohio judge and running a
controversial web site accusing high ranking Ohio officials with
serious crimes.. . . 'They have twisted the law and essentially
taken away my freedom of speech rights,' said Baumgartner two weeks
ago after appearing on Greg Szymanski's radio show, The
Investigative Journal. . . . After Baumgartner was jailed Thursday,
she was unavailable for comment, as all phone and email contacts
have gone unanswered. . . . However, close friend and associate,
Angela Caputo, provided the following update on her case, saying as
of Sunday evening Baumgartner was still being held in the Erie
Country essentially as a modern day 'political prisoner.' . . . 'Elsebeth
is in the Erie County jail. Thursday was
supposed to be the start of her trial on felony fleeing and eluding
in front of Visiting Judge David Knepper,: said Caputo. 'I do not
have any details yet - just a message from her husband Joe
Baumgartner.
Selective Prosecution—A Sign Of Tyranny
North
Country Gazette Commentary
02-13-08 --
Suppose you’re traveling on a city street and come to an
intersection where there’s a stop sign. You look to your right and
see an occupied patrol car sitting in an adjacent parking lot. All
the cars ahead of you roll on through the stop sign and the cop
makes no move whatsoever to cite them. You do the same thing when
it’s your turn at the stop sign and wham—here comes the cop after
you, red lights flashing and siren wailing. . . . Selective
enforcement, you cry! How come you’re stopping me when everyone
else was doing the same thing and you didn’t bother them? Of
course, maybe they weren’t at the city council meeting last night
like you, speaking out against the proposed increase in police
salaries. Could it be retaliation? . . . How about if you’re an
owner of a business that’s surrounded by other mercantile shops?
The other business owners put up new signs without having to obtain
a permit but when you do put up the same type of sign, you get
served with a notice of zoning violation, summoning you to court. .
. . Selective enforcement you cry! How come you’re citing me but
not the other business owners? Could it be because they paid the
zoning officer $50 to look the other way and I refused to do so?
Could it be intimidation? . . . Selective enforcement is a violation
of the constitutional guarantee of equal protection for all persons
under the law. On the federal level, the Due Process Clause of the
Fifth Amendment to the U.S. Constitution requires equal treatment.
The Equal Protection Clause of the Fourteenth Amendment extends the
prohibition on selective prosecution to the states. The equal
protection doctrine requires that persons receive similar treatment
under the law. . . . The U.S. Supreme Court has held that selective
prosecution exists where the enforcement or prosecution of a
criminal law is “directed so exclusively against a particular class
of persons…..with a mind so unequal and oppressive” that the
administration of the criminal law amounts to a practical denial of
equal protection of the law.
Judicial Coercion
© 2007
North Country Gazette
3-10-07 --
Elsebeth Baumgartner, the beleaguered, disbarred attorney who is
paying a price for blowing the whistle on governmental corruption in
northern Ohio, entered a no contest plea in Erie County Court this
week to charges of felony fleeing and failure to comply with the
order of a police officer for charges brought against her in May
2005 by Bay View Police. . . . Charges of resisting arrest and grand
larceny against her were dismissed. . . . But the way in which the
plea was obtained is certain to bring a constitutional challenge to
unlawful bond conditions and coercion. There's already a Fourth
Amendment challenge well established to the entire arrest due to the
allegedly defective warrant used as the premise to effect the arrest
and the fact that the alleged warrant had been issued in a case
which had already been dismissed. . . . One of Baumgartner's
attorneys, Richard Drucker, said the matter would be appealed
because one of the elements of law needed to sustain a charge of
felony fleeing is that there must be a substantial risk to public
safety involved and in the Baumgartner case, there was none as
evidenced by the fact that there were no traffic charges and a
veteran officer with the Florida Highway Patrol testified it was the
lowest speed chase he had ever participated in.
Outrageous
Editorial
2-28-07 --
In northern Ohio, dare to criticize the judge and government and
you'll be sitting in state prison for eight years or more. . . . But
if you're a public official, particularly a police officer, commit a
crime such as burglarizing someone's house or stealing taxpayer
money, you probably won't be sentenced to more than 90 days in
jail---if you're sentenced to jail at all.
Baumgartner Attorney: "Justice Delayed Is Justice Denied"
Commentary By June Maxam
2-26-07 --
The pressing question in northern
Ohio continues to be if the U.S. Constitution and Ohio Constitution
have been suspended in the case of disbarred attorney Elsebeth
Baumgartner, deemed in some circles a political prisoner, being
punished by the government for having dared to speak out about
governmental corruption----in particular, judicial and prosecutorial
corruption. . . . The latest violation of the whistleblower's
constitutional rights appears to be the suspension of habeas corpus.
. . . As of this week, Baumgartner will have served three quarters
of her 120-day sentence for criminal contempt in Ottawa County Jail
but has still been unable to have her petition for habeas corpus
heard. . . . With about 30 days remaining on her sentence, it
appears likely that she will have served the entire sentence before
the matter can be appealed and even if the conviction is overturned
and found to be unconstitutional, there is no way she can ever
regain the 120 days of liberty taken from her---and perhaps that is
exactly the government's plan.
Lost Evidence Could Overturn Baumgartner Convictions
By June Maxam
2-25-07 --
Although visiting judge J. Ronald
Bowman of Lucas County has denied motions to dismiss in the grand
theft and felony fleeing case against former attorney Elsebeth
Baumgartner in Erie County Common Pleas Court, the stage is now set
for the reversal of any conviction should the matter go to trial or
even in a no contest plea deal in exchange for appellate bond. . . .
More importantly, with the admission of special prosecutor Daniel
Kasaris that the prosecution has lost the hard drive of one of the
computers seized last year from Baumgartner after the execution of a
search warrant, the entire case against her in Cuyahoga County may
be compromised and required to be reversed due to the disappearance
of evidence in the case. . . . Bowman denied the suppression motion
brought by Baumgartner and her attorneys, Frank Gasper and Richard
Drucker in the grand theft case pending against her in Erie County. The defense had moved
for dismissal and suppression of all charges because so far, the
prosecution hasn't been able to produce the warrant that they say
was the probable cause to detain Baumgartner, threaten to break the
windows out of her car and arrest her on May 20, 2005.
Baumgartner Trial On Theft Of Own Vehicle Starts Tuesday
© 2007
North Country Gazette
2-19-07 --
Judicial whistleblower and former attorney Elsebeth Baumgartner of
Oak Harbor heads to trial this week
in Erie County Common Pleas Court on charges of grand theft auto,
felony fleeing and resisting arrest. . . . But the People,
represented by special prosecutor Daniel Kasaris of the Cuyahoga
County prosecutor's office, have some major problems with the
prosecution of the case from May 2005 according to known facts and
discovery in the matter, starting with the alleged probable cause
that Bay View Police under the direction of Chief Helen Prosowski
claimed she had in trying to detain and arrest Baumgartner
initially. . . . While the matter is scheduled for trial on Tuesday,
Feb. 20, visiting judge Ronald Bowman of Lucas County has still not conducted
hearings on suppression motions and motions to dismiss submitted by
Baumgartner and her attorneys, Frank Gasper and Richard Drucker. . .
. Since the last court appearance on Jan. 29, principals in the case
such as probation officer Jody Royster and Judge John Adkins have
been deposed under oath with startling admissions in favor of
Baumgartner.. . .
http://www.northcountrygazette.org/articles/2007/021207OpenSeason.html
. . .
http://www.northcountrygazette.org/articles/2007/011907WarrantlessArrest.html
. . . Although the claimed probable cause for the "stop" of
Baumgartner as she sat in a vehicle in which she had a financial
interest, was an arrest warrant, to date no one has been able to
produce a copy of the claimed warrant.
Ohio's Judge Markus Favors Public Corruption Over Free Speech
Editorial © 2007 North Country Gazette
2-18-07 --
Is disrespecting the judiciary a criminal act, more criminal than
obstruction of justice and violating the public trust? . . .
According to retired visiting judge Richard Markus it is. . . .
Public corruption scored another win over free speech in northern
Ohio this week in yet another courtroom manipulated by Markus. . . .
Markus is one of the most controversial judicial figures in Ohio,
frequently handpicked by Thomas Moyer, Chief Justice of the Supreme
Court, to handle the high profile cases involving alleged public
corruption in northern Ohio, even over the outcries of
the public. . . . Markus apparently is more supportive of public
corruption than he is of the First Amendment and free speech,
granting early release for a corrupt sheriff who served five years
for stealing from the public and tampering with evidence. Markus'
early release of the ex-sheriff came just months after he secured an
eight year prison term for former attorney Elsebeth Baumgartner for
sending him emails criticizing his judicial performance and telling
him that he's corrupt.
COMMENTARY
Ohio's "You Play (Expose Us) You Pay" Scheme
By David Palmer, The Watchdog, Sacramento, California
11-4-06 --
This article deals with an
ongoing scheme by elected officials in Ohio to silence those who
have the courage to act as whistleblowers in exposing corruption
involving public officials. . . . The recent evidence of Ohio's
pay-to-play schemes involving Tom Noe, et al. is somewhat synonymous
with what is going on with Dr. Elsebeth Baumgartner and other
whistleblowers. In this instance, I'll call it "you play (expose
us); you pay." This writer has personally experienced this "play
and pay" scheme here in the good ol' Buckeye State. . . . As
you'll see from the incontrovertible evidence below, if you blow the
whistle on public corruption in Ohio, you're going to become a
victim of those you've had the audacity to expose. These corrupt
officials are absolutely devoid of any ethics, morality and treat
their oaths of office with total contempt. In their world,
whistleblowers are the real criminals!
Ohio Official Admits It's "Open Season" On Baumgartner
© 2007
North Country Gazette
2-12-07 --
It's "open season" on
disbarred Ohio attorney Elsebeth Baumgartner. . . . So admits Ottawa County probation officer Jody
Royster. . . . Additionally, a counselor for an Ottawa County
organization known as "The Giving Tree" which contracts with the
Ottawa County Jail to provide inmate services, has allegedly
indicated that Baumgartner's life is in danger if she continues
"down the path" of exposing legal, judicial and governmental
corruption in northern Ohio. . . . In a sworn deposition Feb. 1,
under questioning by attorneys representing Baumgartner in several
criminal matters, Royster said that pursuant to terms of probation
set by Judge John Adkins in a 2002 case involving Erie County
prosecutor Kevin Baxter, Baumgartner was not allowed to file any
complaints about anything and if she did so, it would violate the
conditions of her probation from a 2002 conviction for falsification
for allegedly making false statements at a Port Clinton city council
meeting about investors in a ferry boat company in which Erie County
Baxter was allegedly part owner. . . . When one attorney asked
Royster hypothetically if that would mean that if Baumgartner was
raped and reported it to the police, he would revoke her probation,
Royster said yes. . . . "Let me get this straight, what you are in
effect saying is that it's open season on Elsebeth Baumgartner. That
anyone can do anything to her and she has no recourse", the attorney
asked Royster to which the probation officer responded in the
affirmative, saying "it's not my call".
Baumgartner Court Suppressing Constitution
Commentary © 2007 North Country Gazette
1-24-07 --
The Gulag system of the Soviet Union has become primarily known as a
place for political prisoners and as a mechanism for repressing
political opposition to the Soviet state. . . . As the scenario
continues to unfold in the Elsebeth Baumgartner free speech case in
northern Ohio, it appears that the Gulag system has extended into
the penal system of Ohio, particularly in Ottawa, Cuyahoga and Erie
Counties. . . . Embattled disbarred attorney and judicial
whistleblower Elsebeth Baumgarter, currently serving a 120-day
contempt charge for statements made in legal pleadings which are
protected by absolute immunity, is scheduled to stand trial on Jan.
29 in Erie County on charges that she stole her own corporate
vehicle, resisted arrest and engaged in felony fleeing.
Justice, Ohio Style
North
Country Gazette Commentary
1-4-07 --
What's going on with the court system in Erie County? . . . Nearly
four months after the adopted brother of Erie County Common Pleas
Court Judge Roger E. Binette was charged with allegedly molesting
two girls, there still has been no judge appointed to hear the case.
. . . Donald C. Binette, 41, of Wellington, was indicted in
September, charged with third degree felony gross sexual imposition
for allegedly molesting a then 10-year-old girl on Sept. 16. He's
been accused of molesting two different girls, ages 10 and 13, on
two separate occasions. . . . Roger Binette, Erie County administrative judge
responsible for the assignment of judges in the county, has removed
himself from the case. . . . Apparently Erie County is more concerned about
prosecuting a woman for allegedly stealing her own corporate vehicle
and imprisoning her for having the audacity to criticize a judge and
call him corrupt. . . . As administrative judge, Binette was also
the Erie County judge responsible for
assigning a new judge to the May 2005 charges against Elsebeth
Baumgartner for charges that she stole her own corporate vehicle,
felony fleeing and resisting arrest, all premised on a supposed
outstanding warrant which so far, no one will produce. Although
retired visiting judge Richard Knepper recused himself from the Erie
County Baumgartner case first on Aug. 18 and then again on Aug. 21,
after he revoked her bond in Erie County, Binette then delayed
assigning a new judge to the Baumgartner case so that a bond hearing
could be held or motions filed in the case.
Ohio Whistleblower Gets 8 Years For Criticizing Judge
12-20-06 --
Government critic and judicial
whistleblower Elsebeth Baumgartner has been sentenced to eight years
in prison for writing e-mails to a 76-year-old retired visiting
judge who is still sitting on the bench adjudicating matters
although the Ohio Constitution mandated his removal from the bench
when he reached age 70. . . . In an apparent attempt to position
herself and the Cuyahoga County prosecutor's office for
Baumgartner's expected constitutional challenge to both the
sufficiency and lawfulness of the charges levied against her as well
as the procedures exercised in gaining the convictions, Cuyahoga
Common Pleas Court Judge Shirley Strickland Saffold said that she
wasn't sentencing Baumgartner for the content of her speech but
rather for her act of exercising that speech. . . . Although
Baumgartner was arrested and prosecuted for allegedly intimidating
and retaliating against Markus because he refused to disqualify
himself from adjudicating matters against her, retiring visiting
judge Richard Markus, who has exhibited an extraordinary ego and
conceit as well as overwhelming bias against Baumgartner, said last
month that he hadn't been intimidated by her.
Selected stories related to Elsebeth Baumgartner on new
blogspot
Erie Voices Too
In late January 2006
www.erievoices.com
was shut down due pressure from Ohio officials
concerned with publication of evidence proving pay to
play in the judicial system of Ohio. This site seeks to
republish key stories updating them where possible in an
effort to speak truth to power and correct grave
injustice.
Baumgartner Challenged Jurisdiction, Prosecutorial Misconduct
© 2006
North Country Gazette
12-12-06 --
A year ago on Dec. 12, disbarred
attorney and pharmacist Elsebeth Baumgartner and her former business
partner Bryan DuBois had been scheduled for trial in Cuyahoga County
before Common Pleas Court Judge Shirley Strickland Saffold on
multiple felony counts of intimidation and retaliation on complaint
of retired visiting judge Richard Markus who claimed that
Baumgartner had intimidated him by sending him emails critical of
his judicial performance. . . . Baumgartner had been charged with
eight counts of intimidating a judge, four counts of falsification,
two counts of retaliation and possession of criminal tools, a laptop
computer. Both she and DuBois were arrested last summer following a
secret indictment which alleged that they had intimidated Markus by
allegedly sending him emails expressing their opinions about various
issues before him. . . . When Baumgartner and DuBois appeared in
court Dec. 12, 2005, Baumgartner produced a note from her personal
physician stating that she was not competent to stand trial, asking
for a continuance.. . . Saffold refused to accept the note and
ordered that the trial begin immediately although Baumgartner was
not represented by counsel. Baumgartner says that she had not been
given any notice of trial date and to the best of her knowledge, no
trial date had been set. She had never signed a waiver of counsel
and was entitled by the Sixth Amendment to legal counsel.
Ex-lawyer gets jail term in Ottawa County
Baumgartner given 120 days, fine
for contempt
11-19-06 -- A disbarred lawyer convicted of 27
counts of contempt of court was sentenced yesterday to 120 days in
the Ottawa County jail and fined $2,700. .
. . Visiting Judge David Faulkner of Hardin County levied the
punishment against Elsebeth Baumgartner, 51, after finding her
guilty in late October of disrupting the court with statements she
made during earlier court proceedings. Judge Faulkner said Ms.
Baumgartner's behavior continued despite warnings by the judge
hearing the cases, Richard Markus, a retired judge from Cuyahoga
County. . . . "It didn't seem to matter. It continued so the court
finds in this case there is a continuing course of conduct. It was
deliberate," Judge Faulkner said before imposing the sentence. . . .
Ottawa County Prosecutor Mark Mulligan had asked the court to give
Ms. Baumgartner the maximum sentence of 30 days on each of the 27
counts, saying she had a "long history of slander, libel, and
contempt." ***** Ms. Baumgartner, who is to be sentenced Dec. 18 in
Cuyahoga County on charges she used e-mail messages and legal
filings to try to coerce favorable rulings from Judge Markus, was
disbarred in 2003.
Baumgartner Jailed 120 Days For Criticizing Rent-A-Judge
© 2006
North Country Gazette
11-19-06 --Seven months after former Oak Harbor attorney Elsebeth
Baumgartner was tried in Ottawa County on 34 contempt charges
lodged against her by retiring visiting judge Richard Markus,
visiting judge David Faulkner rendered his verdict, finding her
guilty of 27 counts of contempt. . . . On Tuesday, Faulkner
sentenced Baumgartner to 120 days in the Ottawa County Jail, denying
a stay and appellate bond while she appeals his rulings. . . . She
faced up to 30 days in jail and a $250 fine on each count. . . . The
contempt charges had been prosecuted by Ottawa County prosecutor
Mark Mulligan who has a well known conflict of interest involving
Baumgartner and is currently the subject of a libel and defamation
suit filed against him by Baumgartner with permission of Markus. . .
. In essence, Baumgartner was found guilty of criticizing Markus in
motion papers and in e-mails, actions which she maintains are
constitutionally protected. . . . In his decision, Faulkner said
that Baumgartner had claimed that her language "was nothing more
than advocacy when the court failed to protect her rights and that
as a citizen, she has a right to criticize the government and the
administration of justice". Faulkner said "the court finds nothing
in the record to support such contentions".
Disbarred lawyer
convicted
Baumgartner found
guilty of contempt of court
10-31-06 --
A disbarred attorney who
has made numerous charges of wrongdoing against local
public officials and is under indictment on 16 counts of
illegal possession of drugs was found guilty yesterday
of 27 counts of contempt of court. . . . Visiting judge
David Faulkner handed down his ruling against Elsebeth
Baumgartner in Ottawa County Common Pleas Court.
Sentencing is scheduled for Nov. 17. . . . The ruling by
Judge Faulkner of Hardin County Common Pleas Court is
part of a wider litany of contempt charges filed against
the former lawyer, including convictions on those
charges in December, 2004, and October, 2005. . . . "She
claims that her language was nothing more than advocacy
when the court failed to protect her rights and that as
a citizen, she has a right to criticize the government
and the administration of justice," Judge Faulkner
wrote. "The court finds nothing in the record to support
such contentions." . . . Ms. Baumgartner, 51, was
charged in Cuyahoga County Common Pleas Court in 2005 on
a 14-count indictment that accuses her of using e-mail
messages and legal filings to try to coerce favorable
rulings from Richard Markus, a retired judge from
Cuyahoga County.
Ohio Attorney Jailed Again Without Charges
By Greg Szymanski
9-12-06 -- A disbarred Ohio attorney who uncovered massive state
and federal corruption has been illegally jailed again
for allegedly practicing law without a license. . . .
Elsebeth Baumgartner has been held in the Erie County jail for 16 days without
charges being filed, a proper arraignment or even the
right to a bail hearing. She was put away without her
due process and constitutional rights even being
recognized similar in style to way political dissidents
were treated in Nazi Germany and the old Soviet Union. .
. . Called the ultimate travesty of justice by court
observers and by her husband, Joe Baumgartner, this most
recent jailing of Baumgartner illustrates the kangaroo
court-like atmosphere present in Ohio, as her case also
clearly illustrates a total breakdown of the rule of law
and respect for the rights of an individual. . . . Held
in jail as nothing more than a political prisoner based
on 'judicial discretion gone haywire', Baumgartner was
unavailable for comment. This most recent jail term adds
to more than 244 days spent illegally behind bars for
trumped-up crimes, including a recent 45 day jail stint
for contempt of court, numerous days behind bars for
unnecessary psychiatric evaluations and months in jail
for merely speaking out at a city council meeting. . . .
"This latest jailing is the worst thing I ever
witnessed," said Baumgartner's husband, Joe, in a
Wednesday telephone conversation. "There were never any
charges filed and Judge David Knepper just decided to
jail Else for illegally practicing law or giving out
legal advice to a friend she met while in jail. It's
simply ridiculous but she still is sitting in jail
without any rights or even a proper arraignment."
9-7-6
Greg
Szymanski
Greg also has his own daily show on
the Genesis Communications Network. Go to
www.gcnlive.com Greg Szymanski is an
independent investigative journalist and his articles
can been seen at www.LewisNews.com. He also writes for
his own site www.arcticbeacon.com . . . Listen to my
Radio Broadcast live Monday night at 8pm Pacific time on
LewisNews, returning Jan. 1 2006 Radio
http://webs.lewisnews.com/radio/index.htm.
Greg is also regular on
Rense.com the first Thursday of every month
at 9-10 pm pacific time.
Ohio Free Speech Trial Gets a
Continuance
by: June Maxam, North Country Gazette
3-27-06 --
The trial of judicial whistleblower Elsebeth Baumgartner,
criminally charged for expressing her opinion about a judge and his
rulings, has been postponed until May 10. . . . The former lawyer
and pharmacist had been scheduled to begin a jury trial Monday on 18
criminal charges of intimidation, retaliation, falsification and
possession of a criminal tool—a laptop computer. The charges are
based on the complaint of retired visiting judge Richard Markus who
said she intimidated him by sending him emails asking him to
properly perform his judicial duties, criticizing his past actions
and rulings and accusing him of case-fixing. . . . Baumgartner was
arraigned Monday in Cuyahoga County Common Pleas Court before Judge
Shirley Strickland Safford on a new indictment obtained last week by
Cuyahoga County assistant prosecutor Daniel Kasaris, charging her
with 14 more counts of intimidation, retaliation and falsification
for alleged postings on her own blog.
Trial Monday In Ohio Free Speech Case,
More Charges Lodged
Baumgartner was among the first to point a finger at Noe, Taft and
others in Ohio government, state and local, exposing alleged public
wrongdoing. The arrest and prosecution of those officials validates
her allegations which were made as early as 2001.
3-25-06 --
One of the nation’s most important cases dealing in judicial
corruption and First Amendment issues will take center stage on
Monday, March 27 in Cuyahoga County in northern Ohio. . . . Or will
it? . . . Can Ohio officials afford to have the case proceed to
trial, a jury trial by her peers no less? . . . Judicial
whistleblower Elsebeth
Baumgartner of Oak Harbor, former attorney and pharmacist until the
powers-that-be, angered by her allegations and substantiation of
public corruption, stripped her of her professional licenses, is
scheduled to begin trial on 18 criminal charges of intimidation,
retaliation, falsification and possession of a criminal tool--a
laptop computer--based on the complaint of retired visiting judge
Richard Markus for criticizing him.
Contempt Trial Of Free Speech Advocate
On Hold
3-22-06 --
The contempt trial of former Oak Harbor attorney Elsebeth
Baumgartner was suddenly adjourned Wednesday until April 3 by
visiting judge David Faulkner. . . . The complainant in the case,
retired visiting judge Richard Markus, had finished his testimony
and Baumgartner had testified in her own defense, giving a narrative
because Faulkner has denied her the right to counsel in the matter.
. . . Prosecutor Mark Mulligan did not cross examine Baumgartner.
Three Dirty Words: “First Amendment Rights”
3-21-06
EDITORIAL . . .
The contempt trial of former Oak
Harbor, Ohio attorney and pharmacist Elsebeth Baumgartner resumes
today in Ottawa County. . . . But all it’s only a dog and pony show,
there is no semblance of a fair and impartial trial and she has been
denied virtually every constitutional right that she is guaranteed.
. . . She has been charged by retired visiting judge Richard Markus
with 34 counts of contempt. Which is it, civil or criminal contempt?
. . . Well, presiding judge David Faulkner won’t commit whether its
civil or criminal but the case bears a civil case number and
Faulkner has said that civil case standards are applicable. . . .
But when testifying Monday, Markus said under oath that
Baumgartner’s criticisms of him and other public officials are
criminal because she used them to distract him and others from
handling her court cases.
Court Ignores Federal Stay In Baumgartner Contempt Trial
3-20-06 --
Rent-A-Judge Richard Markus, the Ottawa County Common Pleas Court
and prosecutor Mark Mulligan have themselves in a Catch-22. . . .
Just when you thought the case of former Oak Harbor attorney Elsebeth Baumgartner couldn’t get any more bizarre, the
court has disregarded an automatic stay imposed by federal law and
proceeded to trial in the 32 charges of contempt brought against
Baumgartner by retired visiting judge Markus. . . . If the court
claims that the contempt charges brought by Markus against
Baumgartner are criminal, then presiding Judge David Faulkner and
Mulligan have violated Baumgartner’s Sixth Amendment right to trial
by jury, right to counsel and other constitutional guarantees. . . .
If they claim it’s a civil contempt proceeding which doesn’t entitle
her to a trial by jury or legal counsel, then they’ve violated a
stay granted by operation of law by her filing of a Chapter 13
bankruptcy action.
Trial To Open In Criminalizing
Political Speech For Criticizing Judge
3-16-06
--
The U.S. Constitution, particularly
the First, Sixth and Fourteenth Amendments, has apparently been
suspended in northern Ohio. . . . And if you insult the judge, he’ll
use his black robe and gavel to get even, especially if it’s Richard
Markus and his adversary is Elsebeth Baumgartner with whom he has a
long and conflicted legal relationship. . . . Ottawa County
prosecutor Mark Mulligan, Judge David Faulkner of the Ottawa County
Common Pleas Court and retired visiting judge Richard Markus seem to
have decided that the U.S. Constitution isn’t applicable in northern
Ohio. . . . The trial in the case of disbarred attorney Elsebeth
Baumgarter, charged with at least 32 counts of criminal contempt on
the complaint of Judge Markus, is scheduled to begin Monday, March
20 in Ottawa County Common Pleas Court. . . . Although Mulligan has
been previously disqualified by another retired visiting judge from
prosecuting Baumgartner in other cases due to conflicts of interest,
he has refused to disqualify himself in this matter and so far,
Faulkner has refused to remove him. . . . Already the deck is
stacked and there is virtually no perception that Baumgartner could
or will receive a fair trial.
Judicial Critic Seeks Return Of Computers In
Ohio Free Speech
Case
North Country Gazette
3-15-06
--
Can a person be criminally charged
and jailed for criticizing a judge? . . . Can governmental officials
seize your computers containing private and personal information,
claiming that they might have evidence on wrongdoing on them and
then refuse to return them even though they have all your legal
research and records needed to defend yourself in their action
against you?
A case of monumental significance nationwide, focused on First Amendment
rights to criticize public officials and in particular judges, is
scheduled to proceed to trial in Cuyahoga County on March 27 in the
case of former attorney Dr. Elsebeth Baumgartner, charged with the
intimidation of retiring visiting judge Richard Markus. . . . On
Feb. 1, Cuyahoga County
officials executed a search warrant at Baumgartner’s Oak Harbor
home, seizing all of her computers in addition to documents
pertaining to Erie Voices, a blog operated by Baumgartner with Bryan
DuBois which focused on governmental issues in northern Ohio and in
particular, alleged corruption in government and the courts. . . .
The warrant was signed by Ottawa County Municipal Court Judge
Frederick Hany, a judge who had previously disqualified himself from
matters pertaining to Baumgartner, admitting he had conflicts of
interest.
Judicial Tyranny Continues In Ohio
Free Speech Case
2-25-06 --
Even to the most unindoctrinated, retired visiting Judge
Richard Markus of Ohio has so many conflicts of interest involving
former Oak Harbor lawyer Elsebeth Baumgartner, it's hard to imagine
why the Ohio Court System allows him to be involved in any matter
involving the Baumgartner family and certainly not in lodging any
monetary judgments against them. . . . In fact, at age 75, it's a
mystery why the retired judge is still allowed to be presiding in
any case considering the Constitutional age limitation for judges is
70. . . . Markus, 75, presided over a libel trial in December,
2004, brought against Dr. Baumgartner by Kellen Smith, a former
member of the Benton-Carroll-Salem Board of Education, the same
school board of which Dr. Baumgartner's husband, Joseph, had been a
member.
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