Saturday, November 25, 2006

EV Editor Bryan DuBois Summarizes Civil Rights Abuses in Baumgartner Case

Baumgartner Denied Legal Research, Medical Attention, Visitation
Monday, May 30, 2005, 01:05 PM
Else In Wonderland
Baumgartner Denied Legal Research, Medical Attention, Visitation
“I’m being held in isolation in max felony confinement, without bond, on alleged nonviolent misdemeanor probation violations.” Baumgartner says. “Have you ever heard of such a thing?”

Joe Baumgartner 12 year member of the BCS School Board and husband of local government critic Elsebeth Baumgartner is reporting that a law clerk hired to complete legal research for the Baumgartner’s has been barred from the Ottawa County Detention Facility.

A Fremont based psychologist recognized by the Ohio Visiting Judge John Adkins as Baumgartner’s Doctor has also been barred from the facility although Ottawa County Sheriff Bob Bratton denies that.

This writer was also barred from visitation on the day after Baumgartner was taken into custody.

“I didn’t bar [the psychologist].” Bratton said to this writer, “But you ain’t getting into the facility…you was harboring a fugitive…” Bratton said in reference to the fact that Baumgartner was arrested after eating dinner with this writer at Terry’s Tavern in Bay View.

Baumgartner was served with a bench warrant (that was later learned to be unsupported by oath or affirmation) by part time Bay View Police Chief Helen Prosowski and three assisting Bay View Police officers. “I never physically saw the warrant,” Prososwki later claimed, “but we did our jobs that night.”

Baumgartner’s vehicle was surrounded by the Bay View Police officers while this writer had a conversation with Chief Prososwki: “Listen Bryan,” Prosowski began even before this writer identified himself. “My officers are doing their jobs.”

When Baumgartner left the scene shortly after a small framed female police officer raised an expandable baton over her head and threatened to smash the driver’s side window, Baumgartner was chased by a Bay View Police Cruiser and a privately owned vehicle owned by Bay View Police Captain Jim Lochotski. Prosowski initially denied the allegation that a privately owned vehicle was used, but during recorded conversations with the Chief she admitted that a small Volkswagen automobile owned by Captain Jim Lochotski was used to chase Baumgartner. Baumgartner was wanted on alleged nonviolent misdemeanor probation violations in relation to criminal charges that had already been dropped. “I don’t know why these people don’t just summons me to court. They insist on arresting me all the time.”

May 24, 2005

Baumgartner led officers from three different agencies in what officers called a “controlled pursuit” over the Huron County line where the chase ended after Ohio State Highway Patrol Officers flattened the vehicle’s tires.

Ohio State Highway Patrol Officer Sgt Tony Myers, who was on the scene, directly contradicted what Sheriff Bob Bratton told the newspapers:

Myers said the pursuit was not at high speeds or reckless as Bratton reported Friday night.
"The highest speed was 70," Myers said. "For the red lights, she slowed down and almost came to stops at intersections."

The patrol did not call off the chase at any point, Myers said. The patrol used stop sticks to puncture the tires on DuBois' car in the Norwalk area. Once stopped, Baumgartner cooperated with troopers, Myers said.

According to the Ohio State Highway Patrol media release, Baumgartner was arrested without incident, and they filed no charges against her.

Baumgartner claims that she traveled to Huron County in order to avoid psychological abuse by Ottawa County Sheriff and Ottawa County Prosecutor Mark Mulligan.

Ottawa County Sheriff Bob Bratton

Baumgartner claims that she has refused medical attention at the cost of taxpayers. “I want my own doctor, and I’ll pay for it. There’s no need to make the taxpayers pay for this. They’ll violate my privacy anyway…”

Bratton was quoted in the Port Clinton News Herald as planning to discuss Baumgartner’s medical information with Dr Stephen Lewton, a Toledo Doctor who suggested that grievances filed by Baumgartner might be used as evidence against her.

One of Baumgartner grievances was that she was behind held in isolation to torment her.

Baumgartner has refused all taxpayer funded care. She claims to have demanded health information protection under HIPAA.

Assistant Lucas County Prosecutor Tim Braun explained in the initial hearing held 120 hours after Baumgartner was in custody that he hadn’t yet compiled a list of alleged probation violations.

An Ottawa County Probation Officer served an affidavit to Baumgartner in her cell on May 27, seven days after she was placed in custody, which stated in part that he moved to have Baumgartner’s probation revoked because she was charged with a crime for illegally entering the Erie County courthouse in January 2002. Those charges were dropped in November of 2004, and records show that a motion to quash the Bench warrant held in place over Baumgartner’s head was rejected by the Ottawa Municipal Clerk after she cited the fact that Ottawa County Prosecutor Mark Mulligan submitted an order signed by Ohio Visiting Judge Richard Markus declaring Baumgartner a “vexatious litigator.” Baumgartner asserts that Markus was personally assigned to her cases in order to shut her down. Records show that Baumgartner and Markus argued for over 10 minutes about whether or not Markus had the authority to examine the sham bench warrant held in place in order to harass her.

“The vexatious litigator statute was enacted in order to protect the courts from frivolous filings,” Baumgartner says, “not to prevent someone from defending themselves in a criminal case. That wouldn’t even make sense.”

Records show that when asked for help in filing the documents in the criminal case, Mulligan was quoted as saying, “I will not help you. It is not my function in life to help you.”

The Ottawa County Probation officer Jody Royster alleges that Baumgartner violated her probation when she entered the Erie County courthouse “during the trial of Krista Harris.”

Harris was a black female who accused the Erie County Prosecutor Kevin Baxter of raping her. All of Baumgartner’s legal problems began after she stood up at a Port Clinton City Council meeting and urged the city not to deal with Island Express alleging that it was a corrupt organization. Baumgartner later said that Island Express should not be allowed to hold public contracts because it was owned in part by a public official. Records show that 31% of Island Express was owned by Erie County Prosecutor Kevin Baxter.

Baumgartner alleges that the bench warrant used to arrest her was illegal because it was not issued upon oath or affirmation. “Probable cause” is necessary to issue a warrant for someone’s arrest.

Baumgartner is being held without bond after an Ohio Visiting Judge called her a “flight risk” unless she pled guilty to charges that had not been served.

“There will be no bond.” Adkins said, adjourning the hearing after a prosecutor explained that he still had to compile a list of alleged violations.

Baumgartner faces a final probation revocation hearing on June 1st at the Ottawa Municipal Courthouse.

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