Saturday, November 25, 2006

Summary of Elsebeth Baumgartner Arrest for an Alleged Probation Violation on Non-Violent Misdemeanor

Does Legal Abuse Hurt The Local Economy?
Saturday, May 21, 2005, 06:06 PM
EV Critical Thought
Does Legal Abuse Hurt The Local Economy?

“I’d love to get back into Oak Harbor and get those businesses moving. I want to start building things again…”

--Dr. Elsebeth Baumgartner May 3, 2005

As Ottawa County Prosecutor Mark Mulligan and Ohio Visiting Judge John Adkins continue to abuse her through the legal system in order to prevent her from returning home to restart her businesses, Cleveland Genomics Ltd’s buildings decay in downtown Oak Harbor. (Baumgartner is general manager of CGL)

Oak Harbor officials placed yellow tape around the sidewalk in front of the Village Mercantile at 165 West Water in order to protect passersby from falling glass after vandals threw rocks through the window.


Village Mercantile Building 165 West Water

And second story windows are broken out from suspected vandalism:




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EV Editor Denied Visitation With Baumgartner
Saturday, May 21, 2005, 05:02 PM
Real Time Detention Center Blogging
EV Editor Denied Visitation With Baumgartner

EV Editor Bryan DuBois was denied visitation with Dr. Elsebeth Baumgartner at the Ottawa County Detention Facility when he arrived to visit Baumgartner during the posted Saturday visitation hours of 2:00 pm to 4:00 pm.

Baumgartner is behind held on alleged nonviolent misdemeanor probation violations that resulted from a “falsification” conviction in 2002. Baumgartner has called the continued drive to incarcerate her an "absolute waste of taxpayer dollars."

Prisoners are allowed to visit for 20 minute time periods with visitors through safety glass.

DuBois was warned by two Ottawa County Corrections Officers in the lobby of the Detention Facility that the order barring DuBois’ visitation was handed down by Ottawa County Sheriff Bob Bratton because criminal charges were being considered against DuBois for “harboring a fugitive.”

DuBois was advised to leave the premises and not return unless given personal permission by Sheriff Bratton.

“Of course Bob isn't going to call me back because they don’t want me over there. The thought of ‘Real Time Detention Center Blogging’ scares them,” DuBois said shortly after returning to his home in Sandusky. “What’s next? A raid on my house to steal my computer? I guess these guys really are fascists.”

Phone calls to Bob Bratton were not returned by the time of this writing.


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Baumgartner Explains The Normal Procedure For Addressing Alleged Probation Violations
Saturday, May 21, 2005, 01:07 PM
Real Time Detention Center Blogging
Baumgartner Explains The Normal Procedure For Addressing Alleged Probation Violations

From the Ottawa County Detention Facility, Dr. Elsebeth Baumgartner explains the normal procedure used for addressing alleged probation violations:

“Normally a bench warrant is not issued for the arrest of someone alleged to have violated probation terms with nonviolent misdemeanors. The correct procedure, and one that would indicate responsible stewardship of public tax money (you always want to use the least expensive means necessary) is to issue summons for the alleged offender to appear in court.”

“In my case, you’ll notice that the [Ohio Visiting] Judge went directly to a bench warrant that was touted by both the Sheriff and Prosecutor as powerful enough to go interstate – when in fact, had Ottawa County officials gone interstate with the warrant they would’ve been laughed at by the arresting authority just like I’m sure certain members of the Ohio Highway Patrol are rolling their eyes at Bratton and Mulligan right now.”

“You can understand why rank and file cops can’t stand judges and lawyers because the judges and lawyers aren’t the ones who have to risk their lives in car pursuits of people when it’s not really necessary. Think about how many resources they’ve expended on going after me when all they really have to do is summons me to court. The reason I don’t want to be in custody is because once they get me in custody they don’t grant me a hearing.”

“Further, the court doesn't have the authority to revoke somebody’s probation on an allegation alone. The judge must first hold a hearing. If Adkins simply summoned me to court for a hearing, I’d show up. The point here is that Adkins has no intention of ever granting me a hearing because he knows that the alleged charges are shams.”


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Baumgartner Says Jail Conditions Have Improved
Saturday, May 21, 2005, 12:52 PM
Real Time Detention Center Blogging
Baumgartner Says Jail Conditions Have Improved
Elsebeth Baumgartner says that Ottawa County Detention Facility conditions have improved since her last vindictive incarceration. When asked if the improvements could be attributed to newly elected Sheriff Bob Bratton, Baumgartner said, “Ah, I’m not gonna give Bob credit for that one just yet. For one thing – I’m pretty pissed that he knows that the Ottawa Municipal Clerk was rejecting my filings and that this whole thing is a sham and he doesn’t have the balls to stick up to Mark Mulligan.”



Baumgartner poked fun of the fact that she first got interested in the legal system when she was called as an expert witness on the interpretation of drug use symptoms in drug users during a drunk driving trial in Ottawa County in the early 90’s.

“But as soon as I started talking about how Mark Mulligan and Kevin Baxter had substance abuse problems, and the fact that Krista Harris claimed that Kevin Baxter coerced her into sex with the threat of false criminal charges, my expert witness days went right out the window.”

“Now suddenly I’m not ‘credible.” She laughed.


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Baumgartner Issues Tax Payer Advocacy Statement
Saturday, May 21, 2005, 12:38 PM
Real Time Detention Center Blogging
Baumgartner Issues Tax Payer Advocacy Statement

“Bryan, put a link back to the Burns expose because I want taxpayers to know that the reason these government lawyers and judges want me in custody is so that I tell the taxpayers how they’re bilking and stealing tax dollars.”

No problem Else.

A few weeks back Elsebeth walked me through this analysis of how Ex-BCS Superintendent Charles Burns used cronyism and deception to steal from the BCS taxpayers in 1999 and 2000. This same type of analysis was given to Ottawa County Prosecutor Mark Mulligan but Mulligan ignored it while using the legal system to harass Baumgarnter which eventually drove her from Ottawa County.

“I want Ottawa County taxpayers to understand that Ottawa County is using their tax dollars to shut me up so that I can’t show them how the government is stealing from them.”


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Woman accused of eluding police
Saturday, May 21, 2005, 10:55 AM


Woman accused of eluding police
From staff reports
SANDUSKY - A woman is accused of leading Ohio State Highway Patrol troopers on a chase in two counties after Bay View Police attempted to serve her with a warrant Friday evening at a restaurant.

A spokeswoman for the Sandusky Post of the Ohio State Highway Patrol confirmed the woman's name is Elsebeth Baumgartner.

The Ottawa County Sheriff's Office received a tip that Baumgartner was at a Bay View restaurant, according to a police spokeswoman.

Bay View Police located Baumgartner in the parking lot of the restaurant, but she fled, according to the OCSO.

The Erie County Sheriff's Office and Sandusky and Norwalk posts of the Ohio State Highway Patrol were involved in the pursuit, according to the OCSO.

Baumgartner was wanted on a warrant regarding a probation violation and failing to comply with an order of the Ottawa County Municipal Court, according to a jail spokeswoman.

Baumgartner was in jail on no bond, according to the jail spokeswoman.

Baumgartner's age and address were not available Friday, according to a jail spokeswoman.



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“I Drove To Huron County To Get A Hearing”
Saturday, May 21, 2005, 10:54 AM
Baumgartner Reports From Ottawa County Detention Facility:
“I Drove To Huron County To Get A Hearing”

Baumgartner reports from the Ottawa County Detention Facility that driving to the Huron County line last night during a car pursuit was a necessary legal strategy in order to get a hearing on the alleged probation violations. She alleges to have been held in the Ottawa County Detention Facility for over 75 days without a hearing. The bench warrant used to confront her at Terry’s Tavern in Bay View last night was based on alleged misdemeanor probation violations which stemmed from Baumgartner’s refusal to turn over confidential health information to an Ohio Visiting Judge. Baumgartner asserts that the Visiting Judge “hates me and wanted access to my psych report in order to smear me. I refused to give it to him - and now this...”

“I asked the Bay View Police if they had a warrant.” Baumgartner said. “I don’t understand why these people don’t just summons me to court. They insist on arresting me and chasing me and incarcerating me. I’m a scientist for God’s sake! Just summons me to court!”

Since this writer was present during the confrontation, this writer asked Bay View Police Chief Helen Prozowski if the police officers were acting on an arrest warrant. She responded that the warrant was “good” and was retrieved through the police cruiser’s computer system.

Baumgartner asserts that she has been illegally arrested by the Ottawa County Sheriff’s Department because her arrest was enabled by sham legal process. She claims that the Bay View Police told her that the warrant dated back to a January 2004 order entered by Visiting Judge John Adkins shortly after Baumgartner was arrested at the Erie County Courthouse on January 4, 2004. The charges filed against Baumgartner for that incident were dropped in November of 2004, by the Sandusky Municipal Prosecutor. After attempting to file a motion to quash on the bench warrant, Visiting Judge John Adkins ordered that instead of filing the motion with the Ottawa Municipal Clerk’s office Adkins ordered that the motion to quash be instead filed with the Ottawa County Sheriff’s Department for “safe keeping.”

The alleged probation violation that caused Adkins to issue a bench warrant related to an incident in Erie County in January of 2004 wherein Baumgartner was immediately arrested upon entrance to the Erie County Courthouse in order to do legal research. Ohio Visiting Judge Donald Sweeney barred her from the courtroom during the “theft trial” of Sanduskian Krista Harris, and Erie County Sheriff’s Deputy referred to a judicial order filed by Visiting Judge Grey barring Baumgartner from the Erie County Courthouse in order to arrest her.

Baumgartner claims that all of this abuse dates back to her defense of Krista Harris after Harris swore out an affidavit claiming that she had been raped by the Erie County Prosecutor Kevin Baxter. Baumgartner is taking her arrest with a grain of salt: “This is the most absurd thing I’ve ever seen. I thought prosecuting an attorney for standing up at a public meeting and representing her clients was absurd – but this? This is kidnapping by sham legal process in order to shut me up about how they’re fixing court cases in Erie and Ottawa County. My case couldn’t get any worse.”

Baumgartner claims that the Ohio State Highway Patrol was “surprised to hear that I was a Pharmacist.” “These people think I’m doing this for fun or something…I asked the officer, do you think I would do this unless something wasn’t terribly wrong? I was making over six figures a year? Why would I throw that all away?”

Baumgartner claims that the officer’s weapons were drawn as they arrested her without incident. “Look at how much tax money they’re wasting by going after me? They had over 5 cars going after me at one point!”

“I came to Huron County to get a hearing.” She claims to have told the officers. One officer answered back, “You’ll get a hearing in Ottawa County.” Baumgartner retorted, “Officer, this is the point. I’ve been incarcerated for 75 days in Ottawa County with no hearing. I came to Huron to get away from the people who are abusing me – and now you guys are taking me right back and delivering me to them.” The officer allegedly told her, “They can’t do that.” She reportedly answered, “tell that to [Ottawa County Prosecutor] Mark Mulligan.”

Baumgartner claims that the officer was surprised when she explained the pursuit was over an alleged probation violation on an underlying nonviolent misdemeanor conviction of ‘falsification’.

“If these guys doubt my story so much, how do they explain the fact that Mulligan stole an affidavit that I filed in my civil case that explained all of the legal abuse he’s put me through during the past 4 years?”

The affidavit can be viewed here.

Baumgartner’s story has been extensively covered by Erie Voices. Her chronology can be viewed here.

An interview is planned with Bay View Police Chief Helen Prozowski this weekend.

Developing…


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State Highway Patrol Issues Media Release On Baumgartner Arrest
Saturday, May 21, 2005, 09:39 AM
State Highway Patrol Issues Media Release On Baumgartner Arrest
More Exclusive Coverage Coming From Erie Voices




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EV Editor Warned About “Harboring Elsebeth”
Saturday, May 21, 2005, 08:39 AM
Bay View Police Chief Warns:
“You May Be In Some Trouble Yourself, Bryan.”
EV Editor Warned About “Harboring Elsebeth”

During a follow up conversation after a successful apprehension of government critic Elsebeth Baumgartner, Bay View Police Chief Helen Prozowski warned this writer, “You may be in some trouble yourself Bryan.”

I had no idea why, so I asked her to clarify what I would be “charged” with.

Chief Prozowski explained: “You could be in trouble for harboring Elsebeth. I mean, you knew about the warrant.”

To that I answered: “So then her husband and daughters are in trouble too then, right? Because that means you’re saying that anyone who associates with her is in trouble.”

She corrected me: “No, that’s not what I’m saying.”


“They’re not gonna stop until you’re in custody Bryan!”


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Night Falls On Ottawa County Detention Facility
Saturday, May 21, 2005, 03:45 AM
Night Falls On Ottawa County Detention Facility
Ottawa County residents are much safer with Elsebeth Baumgartner in custody.

Pictures of a barely discernible Elsebeth Baumgartner in an upper window of the Ottawa County Detention Facility:



While I traveled to the Ottawa County Detention Facility to pick up a set of keys I was able to obtain this photo of Ottawa County's Most Wanted Government Critic Dr. Elsebeth Baumgartner who was wanted for "failing to comply with a court order from Ottawa Municipal Court."

An Ottawa County corrections officer startled me by peering through the window – thereby ending my photo shoot.

After buzzing me in, I asked the same Corrections Officer how Else was doing. She answered, “She’s fine…as you could see through your photo shoot.”

I blushed scarlet red because I had been caught. (woops!)

Later the same CO couldn’t help herself: She smiled and laughed at one of my jokes about showing her sense of humor. (They try to act all tough and official, but they know how ridiculous this pissing match is getting.)

The CO’s delivered my keys and I left the building to get a couple more shots of Else waving at me and laughing.

I gave her a hand salute (normally I reserve that for actual marines – but this woman is a Marine as far as I’m concerned) and said farewell until visitation tomorrow.

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