Saturday, November 25, 2006

Selective Prosecution 101-Supreme Court Drunk vs Citizen Activist

Government Critic Hit With Felony Eluding Charge, Grand Theft Auto Of Own Vehicle
Saturday, June 11, 2005, 02:57 AM
Government Critic Hit With Felony Eluding Charge, Grand Theft Auto Of Own Vehicle
PC News Herald Kristina Smith Trying To Keep Up With Baumgartner Story

Baumgartner turns self in, freed on bond

Staff writer
SANDUSKY -- Elsebeth Baumgartner is again free on bond after spending less than an hour in the Erie County Jail Thursday.
The disbarred former Oak Harbor lawyer arrived at the jail at 8:15 p.m. and turned herself in on charges resulting from a May 20 police chase. She posted a $35,000 bond and was released at 9:07 p.m., jail staff said.
It was her second stay in the jail this month on charges resulting from the pursuit.
She was taken there June 1 to face a felony resisting arrest charge and two misdemeanors. She posted a $14,800 bond and was released that day.
The Erie County Common Pleas Court, however, issued a new warrant for her arrest Monday after a grand jury indicted her on additional charges involving the pursuit.
Chargessssss (?) or charge (singular) (?)
She had one (1) additional charge of “Grand Theft Auto.” Erie County “Special Prosecutor” Daniel Kasaris sought an indictment on Baumgartner for stealing her own company’s car. Kasaris is so “special” he didn’t think to call the person on the vehicle’s registration to inquire about such things. Seems that the only thing “independent special prosecutor” Kasaris was worried about was stacking charges and obtaining indictments. (Much like Erie County Prosecutor Kevin Baxter would do – but he obtained “special” counsel because of obvious conflicts of interest)
She faces one count each of fleeing and eluding, a third-degree felony; grand theft auto, a fourth-degree felony; failure to comply, a first-degree misdemeanor, and resisting arrest, a second-degree misdemeanor.
Seems kind of silly when juxtaposed to Alice Resnick’s case doesn’t it? (Actually it seems silly when considered alone, but when juxtaposed with Alice’s case – it becomes ridiculous.)
Baumgartner is charged with taking Sandusky resident Bryan DuBois' 2005 Kia Sportage May 20 at Terry's Tavern in Bay View, where the two were having dinner. When Bay View police attempted to arrest her on a warrant from Ottawa County Municipal Court for a probation violation, she drove away.
Part Time Bay View Police Chief Helen Prosowski did not have an arrest warrant or probable cause to serve a bench warrant because she witnessed no crime being committed. (Unless eating chicken wings at Terry’s Tavern is a crime.) Also, I had first hand knowledge that the bench warrant was a sham because during a conversation in November of 2004 Ottawa County Sheriff (Sheriff-elect at that time) Bob Bratton admitted to me in his office that there “were always questions about the legitimacy of that warrant” and he tried to set it aside but he was ordered not to.
Bay View police, Ohio State Highway Patrol troopers from the Sandusky post and an Erie County Sheriff's Office pursued her through Erie and Huron counties. They stopped her in Huron County and arrested her.
Baumgartner was then taken to the Ottawa County Detention Facility for the probation violation charge.
Twelve days later, she admitted in Ottawa County Municipal Court to one of the terms of her probation.
Baumgartner was held for 12 days without bond or charge – and she then admitted to a probation violation (not a “charge” because it didn’t even violate state law) that was brought against her 7 days after she was in custody: She admitted to leaving the state of Ohio without permission and not notifying her probation officer of a change of address. Again, not even a criminal charge – but Ottawa County officials were so determined to incarcerate her…
I wonder how drunk Justice Resnick is right now…

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Ohio Supreme Court Justice Flees Scene Of Drunken Driving Arrest
Saturday, June 11, 2005, 02:35 AM
Ohio Supreme Court Justice Flees Scene Of Drunken Driving Arrest

In view of recent events, let’s revisit the facts of Ohio Supreme Court Justice Alice Robie Resnick’s drunk driving case.

(And let me remind you that police officers stopped Justice Resnick after receiving 6 cell phone calls from fellow I75 drivers complaining about Resnick’s weaving in and out of her lane. That means they had probable cause to stop her.)

Justice Resnick will be acting as “Chief Justice” over a case involving Corrupt Coin Dealer Tom Noe.

Ohio Supreme Court Drunk
Ganey's World
By Bryan Ganey
Friday, February 4, 2005

Earlier this week Supreme Court Justice 65-year-old Alice Robie Resnick was pulled over by the Ohio State Patrol after several citizens called to complain that they had seen her taxpayer-provided SUV swerving on the roads.

Police met up with her at a gas station, where they took her license and registration. While they were checking that information, she drove off. That's right, she fled the scene. Naturally, police gave chase. Justice Resnick got onto I-75, where she continued to swerve, threatening the lives of everyone around her. Finally, she pulled over on the side of the highway.

The officer that was pursuing her got out of his patrol car, and risked his life walking up to her SUV as it was parked only a few feet from semi trucks that were racing by. Before I continue, let's summarize the situation so far:

• An Ohio Supreme Court Justice has been busted for drunk driving
• She fled the scene while police were checking her information
Now she has pulled over on the side of the interstate highway so she steps out of the vehicle on the driver's side, coming perilously close to taking her dirt nap as cars and trucks sped by. So what does she do next? She starts to chew out the officer. She plays the "do you know who I am" card, and tries to use her position of power to gain special favor. The entire scene eventually played out to the point of her being taken to the police station, where she was processed. She failed field sobriety tests, and registered an alcohol level of .22, or nearly three times the legal limit. She is being accused of drunken driving.

Initially, she pled not guilty. Late word is she wants to change her plea at a hearing next week. Sadly, the Bowling Green prosecutor said he would not charge Resnick with fleeing the scene because she was not put under arrest or told to stop. Already, we see the special treatment in this case. Now let me ask you something: if you or I were pulled over for DUI in Bowling Green and decided to flee the scene, would we get the same treatment? Of course not.

So what does Justice Resnick have to say about the matter? She promised to "accept full responsibility for my actions." Sounds good. Obviously after becoming such an embarrassment to the citizens of the State of Ohio, she'll resign, right?

Of course not.

As part of the statement she released earlier this week, she said "The overwhelming outpouring of support and assistance during this difficult time has strengthened me to continue to do the important work of the court."

What? You've got to be kidding me.

Ohio Supreme Court Justice Alice Robie Resnick is a disgrace to the State of Ohio, she is a disgrace to the Ohio Supreme Court and she is an embarrassment to herself and to every person who voted for her. She should:

• Resign from the State Supreme Court, effective immediately
• Be disbarred
• Be sentenced to the maximum penalty for DUI, which is 6 months in jail, a $1,000 fine and a two-year suspension
• Be charged with fleeing the scene of a crime
In my opinion, that's not enough for Ohio State Supreme Court Justice Alice Robie Resnick. You see, I believe getting drunk and then getting behind the wheel of a vehicle is an act of attempted murder. She could have very easily killed someone while she was swaying on the highway, and not staying in her lane.

Justice Resnick is a disgrace. It's too bad she won't be removed from the court. As citizens of this state, we deserve better.

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