Erie Voices Too

BAUMGARTNER ARRESTED!!!

2006-11-25T12:46:00.000-08:00

BAUMGARTNER ARRESTED
Friday, May 20, 2005, 11:17 PM
BAUMGARTNER ARRESTED
Bay View Police Officers React Like Nazi Robocops After Accosting Ottawa County Mother Of Two On Alleged Nonviolent Misdemeanor Probation Violations

Elsebeth Baumgartner has been arrested in Erie County.

"Tell her to open this door or I'm gonna break your window! Tell her! I'm gonna break your window!" an adrenalin pumped female cop screamed at the EV Editor. The female officer raised an expandable baton over her head as she threatened to shatter the driver's side window of the Editor's Kia Sportage outside of Terry's Tavern in Bay View.

Baumgartner puts car in gear and drives off.

Dust and stones flew as a male police officer tore off in pursuit of Baumgartner in his privately owned vehicle.

"GET HER! GET HER!" screams part time Bay View Police Chief Helen Prozowski.

Developing…

Your Tax Dollars at Work-

2006-11-25T12:43:00.000-08:00

Baumgartner Arrest Update
Saturday, May 21, 2005, 02:32 AM
Your Hard Earned Ohio Tax Dollars At Work
Baumgartner Arrest Update
Long Arm Of Law Finally Arrests Local Government Critic

Bay View -- Elsebeth Baumgartner has officially been “apprehended” by Ohio law enforcement officers.

Led by part time Bay View Police Chief Helen Prozowski, three assisting officers confronted Dr. Baumgartner as she sat in this writer’s 2005 Kia Sportage outside of Terry’s Tavern in Bay View Ohio.

Government Critic Dr. Elsebeth Baumgartner and family

The officers were apparently “tipped off” by unknown persons that the most sought after woman in Ottawa County was inside Terry’s Tavern. For those of your who must know: Dr. Baumgartner was enjoying chicken salad and chicken wings.

After dinner, Baumgartner exited Terry’s Tavern while the Editor used the john. When the Editor came out he proceeded to pay his bill, but was cut short by a slightly built blonde headed Bay View Robocop standing in the front doorway of Terry’s holding handcuffs and shouting excitedly: “Who’s Kia Sportage is this?! Who’s Kia Sportage is this?!”

With my wallet in my hand ready to pay the waitress, I said calmly, “It’s mine. I’ll be out in a few seconds.” As if answering a life or death situation, the officer again raised his voice, “No! Get out here NOW!”

I exited the building and asked Bay View Police Chief Helen Prozowski to have a private conversation a few yards away from the vehicle. The other officers swarmed over my vehicle.

As the Chief and I conversed, one of the Bay View officers whipped out an ASP expandable Baton and warned me that she’d break my windows if I didn’t get Baumgartner to exit the vehicle. I looked at Prozowski as if to say, “Why would you let your officer do that? Why would you want her to break my window?” I thought to myself, “If Baumgartner pulls away, you’re just gonna chase her anyway, so why would you damage the vehicle and act like Robocops? It’s not going to change anything…why escalate the already emotionally charged situation with force?”

But the police officer Groupthink took over.

The cop kept motioning that she’d bust the driver’s side window with her ASP, and apparently the thought of being thoroughly abused by the legal system didn’t appeal to Baumgartner so she put the vehicle in drive and left the scene. The Bay View cops – who probably don’t do much more than write occasional speeding tickets in the downtown’s 25 MPH zone – jumped at the chance to have a car pursuit.

Prozowski screamed, “Get her! Get her!” as the cops raced to their cruiser and privately owned vehicle. On went the wailers and the lights. They tore off into the sunset.

I walked back into Terry’s and proceeded to answer questions and make phone calls.

Developing…

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

2006-11-25T12:39:00.000-08:00

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.

Else Baumgartner FAQ's as of May 2005

2006-11-25T12:36:00.001-08:00

Else Baumgartner Frequently Asked Questions:
Sunday, May 22, 2005, 02:54 PM
Why The Tyrannical Response From Erie Officials?
Else Baumgartner Frequently Asked Questions:

1. How did you hook up with this woman?

I met Dr. Baumgartner through the Internet last July after she read one my articles about former Erie County Judge Ann Maschari.

2. In a nutshell, what’s Baumgartner’s story?

Dr. Baumgartner blew the whistle on Erie County Prosecutor Kevin Baxter after a woman who he allegedly raped (threatened her with criminal charges in order to have sex with her) sought Baumgartner out in Oak Harbor for representation. That woman’s name is Krista Harris. Ohio Senator Ben Espy encouraged Harris to contact Baumgartner because it was common knowledge that Baumgartner vigorously defended people’s rights. As soon as Baumgartner took a stand, Baxter had Baumgartner criminally charged for “falsification” when she stood up in her capacity as an attorney at law in a public meeting in Port Clinton and asked that the Port Clinton City Council not do business with Kevin Baxter’s company Island Express Boat Lines. Baumgartner eventually spent 231 days in jail for that “crime.” Despite the fact that political speech is absolutely protected by the first amendment, and Baumgartner had sworn affidavits in her hand of witnesses who claimed that they personally witnessed Kevin Baxter doing cocaine, she was still convicted of “knowingly making a false statement” about Erie County Prosecutor Kevin Baxter. The long version of her story with supporting documentation can be found here.

3. What was the “probation violation” that she was just arrested for?

According to court records, the probation violation was when Baumgartner entered the Erie County Couthouse on January 4, 2002. She claims that she was there to do legal research in the clerk’s office but was arrested by two Erie County Sheriff’s Deputies on orders from Visiting Judges Lawrence Grey and Donald Joseph Sweeney. Both judges presided over the Krista Harris case and it appeared that both judges were trying to prevent Baumgartner from representing Harris. In other words, it appeared that the judges were attempting to railroad Harris, and the key to ensuring that outcome was to prevent Baumgartner from being near the situation.

Harris was eventually sentenced to five years on theft charges. The entire prosecution is alleged to have been vindictive in nature and turned into a criminal matter when it should’ve been handled in civil court. (Baxter could control the case if Harris was criminally charged)

More FAQ’s to come…

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Erie Voices Is The Story...
Sunday, May 22, 2005, 10:09 AM
This blog is a story of government tyranny unfolding in real time before your very eyes and ignored by the sleeping masses who are unable to think or question authority.

All the conditions are set:

1. Unquestioning media
2. Rank and file police officers who don't question authority
3. County Prosecutors and Judges willing to act in concert to preserve their power.
4. Complete disregard for civil rights.

Many who read this will not understand that their failure to protest will eventually lead to their own victimization.

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Sandusky Register May 21, 2005
Sunday, May 22, 2005, 09:58 AM
Developing…

Former Oak Harbor lawyer hit with felony charge after chase

By CAROL HARPER
carolharper@sanduskyregister.com
BAY VIEW - When police tried to serve a warrant in a Bay View parking lot Friday night, it led to a two-county chase involving three police agencies.

It was a phony warrant. Sham legal process.

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Port Clinton News Herald May 21, 2005
Sunday, May 22, 2005, 09:53 AM
EV Newspaper Article Fisking
Port Clinton News Herald May 21, 2005
Baumgartner captured

By LaRAYE BROWN
Staff writer
BAY VIEW -- Elsebeth Baumgartner was arrested Friday night after a high-speed chase involving four law enforcement agencies in two counties.

No offense LaRAYE, but “high speed” is pretty subjective. Baumgartner did not exceed the speed limit. I spoke with an officer who was on the scene and he claims that while “[Baumgartner] did not agree with what was happening, she drove the speed limit and was very “controlled” when driving through intersections.

Joe, Jackie and Else Baumgartner in May 2005. Elsebeth was the most “sought after woman in Ottawa County” prior to her Friday night incarceration.

Read the rest of the News Herald fisking

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Ottawa County Sheriff Bob Bratton Loses Political Mind
Saturday, May 21, 2005, 11:27 PM
Do Properly Issued Warrants Mean Anything In Ottawa County?
Ottawa County Sheriff Bob Bratton Loses Political Mind

"It doesn't matter if that was a good warrant or a bad warrant.”

--Ottawa County Sheriff Bob Bratton after committing the resources of four law enforcement agencies in order to arrest Dr. Elsebeth Baumgartner on alleged nonviolent misdemeanor probation violations. Bratton personally “expanded” the sham warrant without judicial authority with specific knowledge of improper court procedures regarding bench warrant.

Chief Prosowski-When Will You Stop Trading Sex for Favors with Female Inmates and Inquire Into Rights Violations

2006-11-25T12:31:00.000-08:00

Back on May 22, 2005, BayView Police Chief and Sandusky Police Detective Helen Prosowski assured former Erie Voices Editor Bryan DuBois that if civil rights were violated in the Baumgartner case there would be an investigation.

Fast forward to June 1 2006 and a closed hearing in State v Baumgartner. During that closed hearing Elsebeth Baumgartner raised the issue on the record that Special prosecutor Dan Kasaris had been involved in giving a deal to former Erie County Commissioner Harold Butcher wherein he was able to plead to a misdemeanor of the first degree and receive thirty days house arrest for terrorizing a 14 year old black girl for sex back in 2001.

Baumgartner asserted that the Butcher case was yet another example of the protection of sex crimes by the politically connected and that this entire prosecution was retaliation for her exposing these crimes. Retired Visiting Judge Richard Knepper found Baumgartner in contempt of court for reporting the appearance of misconduct and jailed her for 45 days AFTER HE REFUSED TO CONDUCT THE MANDATORY SUPPRESSION HEARING INTO THE NATURE OF THE BAD WARRANT. (See Transcript posted at www.northcountrygazette.org)

Unbeknown to Baumgartner at the time, Prosowski was knee deep in protecting sex crimes by the connected including her own. Within three weeks, Prosowski would argue for probation for Sandusky Police Officer James Fitzpatrick who allegedly raped a 15 year old girl repeatedly including while hand cuffed in a Sandusky COPS location. Prosowksi along with drug task force side kick Det. Mark Volz under investigated the Fitzpatrick matter. Fitzpatrick also rated a special prosecutor (Dean Holman) and retired visiting judge (Ronald Bowman) both arranged by Judge Roger Binette (former drug task force prosecutor) who allowed Fitzpatrick to plead to a Bill of Information for four counts sexual misconduct with a minor and placed him on a Recognizance bond pending sentencing before discovering he had conflicts of interest in the case and excused himself. Retired Visiting Judge Bowman then gave Fitzpatrick 3 years in prison on each of 4 counts to be served together with the potential of early release (See Video posted at www.erievoices.blogspot.com)

Corrections Officers and family members confirm that Chief Helen Prosowski allegedly runs interference with Erie County Drug Task Force for her sometime lover Denise Baker. Prosowski is also allegedly involved in fabricating a case against Elizabeth Ohlemacher AKA Ambos yet another Kevin Baxter ex lover in order that her reports of his alleged involvement in corrupt activity would be discredited.

Investigate rights violations? Hardly. Below follows the story as published on www.erievoices.com on May 22, 2005.

"If the law was broken..."
Sunday, May 22, 2005, 10:40 P?M
Vindictive Prosecution?
Bay View Police Chief: “If the law was broken or rights were violated, that needs to be looked into”<
>
“We have to be able to rely on what we’re told.” Bay View Police Chief Helen Prosowski said late Sunday afternoon upon questioning the legitimacy of the bench warrant used to arrest government critic Elsebeth Baumgartner Friday night. Prososwski stressed that her department followed the law during the arrest of Baumgartner at Terry’s Tavern in Bay View.

As quoted in the Port Clinton News Herald, Ottawa County Sheriff Bob Bratton claimed that “it doesn’t matter if that bench warrant was good or bad” because Baumgartner had caused “all sorts of new charges [against her when she fled]” Prosowski stated that Ottawa County Sheriff Bob Bratton “must’ve been misquoted” when he made that statement. “I mean, we don’t go around serving bad warrants.”

Ottawa County Sheriff Bob Bratton

Bratton was also quoted as saying, “";I'm glad we've got this woman…She's been thumbing her nose at the criminal justice system and it's time she goes to jail right where she belongs."

Baumgartner asserts that a bench warrant used to arrest her on was illegal because the charges were not sworn out as required by Ohio law and that the arrest in Erie County that triggered the bench warrant is moot because the misdemeanor charges filed in Sandusky Municipal Court have been dismissed. Records show that the charges were dismissed in November of 2004 by Sandusky Municipal Judge Erich O’Brien.

Ohio Visiting Judge John Adkins was assigned by Ohio Chief Justice Tom Moyer to hear Baumgartner’s “falsification” trial in 2002. The falsification charge stemmed from statements Baumgartner had made in her capacity as an attorney at law in a public meeting. Baumgartner asserted that Erie County Prosecutor Kevin Baxter had raped her client and that he was in violation of ORC 2921.42 by owning 31% of a company that sought a public contract. Records show that Kevin Baxter owned 31% of Island Express Boat Lines.

Records show that Baumgartner has served 234 days in incarceration from charges that stem from her original misdemeanor conviction of falsification. “[Ohio Visiting Judge] Adkins has been stopping me from defending myself.” Baumgartner claimed. Court records show that Adkins denied Baumgartner the ability to file a “motion to quash” and ordered that the motion be “kept in safe keeping” at the Ottawa County Sheriff’s office.

The bench warrant used to arrest Baumgartner has not yet been obtained.

Phone calls to Ottawa County Sheriff Bob Bratton were not returned.

Special prosecutor Tim Braun Imtimidates through Sham Process and False Statements on Internet

2006-11-25T12:29:00.000-08:00

Braun To Act As Special Prosecutor?
Monday, May 23, 2005, 12:11 AM
EV Investigation
Braun To Act As Special Prosecutor?
Records Show Assistant Lucas County Prosecutor Obtained Dismissed Interstate Felony Warrant

“I’d say talk to legal counsel…I don’t know what else to say.” Said Lucas County Administrator Mike Beazley in response to a letter sent to his email address alleging misconduct within the Lucas County Prosecutor’s office.

“[Assistant prosecutors] are under the authority of an elected official. I have no authority over them.” Beazley said in reference to a defamatory comment left on Erie Voices about Dr. Elsebeth Baumgartner. The Toledo Free Press mentioned the allegation in their May 11th edition but they did not mention the alleged writer of the comment. An EV investigation suggests that the comment was left by Assistant Lucas County Prosecutor Tim Braun.

Baumgartner was prosecuted by Assistant Lucas County Prosecutor Tim Braun after she spoke out against Erie County Prosecutor Kevin Baxter when Baxter’s Company Island Express sought a public contract with the City of Port Clinton. An outspoken critic of Baxter, Baumgartner still asserts that the dockage contract was illegal and violated ORC 2921.42 because the Erie County Prosecutor owned more than 5% of Island Express Boat Lines. Records show that Baxter owned 31% of Island Express.

Baumgartner has become a staple on EV because of her hard hitting financial analyses of public contracts. Baumgartner describes herself as a federal grants expert. Records show that Baumgartner's employer had legal retainers with the University of Michigan and Ohio University's technology patent transfer department. “I was Ohio’s leading biotech patent transfer attorney before the Ohio judiciary got a hold of me.” Baumgartner said.

Baumgartner alleges that Lucas County Prosecutor Tim Braun was responsible for a “sham interstate felony escape warrant” that allowed Ottawa County officials the ability to apprehend her in Seabrook Texas. Baumgartner did not return to jail after a furlough in order to travel to Houston Texas. Baumgartner claims that she was in Texas to speak with FBI special Agent Ron Stern about prosecutorial misconduct in Ohio but was arrested before they could meet. Records show that Baumgartner was arrested on October 11, 2002. Court Transcripts show that Baumgartner explained to Texas Judge Sherman Ross that she was an Ohio lawyer who fled to Texas in order to talk to FBI Agents in order to obtain an inquiry into the Erie and Ottawa County Court system. Sherman explained that he would look into her claims and if he finds them to be true he would grant Baumgartner a bond. Records show that Ross released Baumgartner on a $10,000 unsecured bond 10 days later.

Court records show that Baumgartner surrendered to Ohio authorities on November 13, 2002. The felony escape charge brought against her by Assistant Lucas County Prosecutor Tim Braun was dismissed.

Braun claims that Baumgartner has “mental problems.”

“If Braun is still in charge of this case, I won’t be treated fairly.” Baumgartner stated from the Ottawa County Detention Facility.

Judge Hany Denied Hearing in May 2005 But Signs Search Warrant on House in February 2006

2006-11-25T12:27:00.000-08:00

Ottawa Judge Frederick Hany Denies Hearing For Baumgartner
Monday, May 23, 2005, 01:30 PM

Ottawa Judge Frederick Hany Denies Hearing For Baumgartner
Elected Administrative Judge Defers Authority To Ohio Visiting Judge.
Baumgartner In Custody Over 72 Hours With No Hearing

“I’m really dismayed. I don’t understand why Ms. Baumgartner has been held for 72 hours without a hearing. She has the same rights as everyone else.” Franklin County Attorney John Vogel said Monday afternoon. Vogel claims to have contacted Ottawa County officials first thing Monday morning after hearing that Dr. Elsebeth Baumgartner had been incarcerated after a vehicle pursuit on Friday night.

Baumgartner was allegedly “wanted” on nonviolent misdemeanor probation violations. Records show that the charges used to issue the bench warrant were dismissed in November of 2004. Records show that Adkins denied Baumgartner’s ability to file motions in her criminal case stating that Baumgartner has been declared a “vexatious litigator.”

Records show that Baumgartner has been incarcerated for a period of 235 days on charges that stemmed from a “falsification” conviction in 2002. “When does this end?” Baumgartner said from the Ottawa County Detention Facility.

According to the Port Clinton News Herald, Ottawa county Prosecutor Mark Mulligan is considering charges against this writer for “harboring a fugitive.” Baumgartner hired this writer to journalize her story on the Internet, but is now being threatened with criminal charges after associating with her.

Baumgartner was arrested on what she calls a “sham bench warrant” issued by Ohio Visiting Judge John Adkins of Circleville Ohio. Adkins has been quoted in the Port Clinton News Herald as calling Baumgartner “a purveyor of hate and cynicism.”

“I want to go home and spend time with my daughters and my husband. When is this judge going to leave me alone?” said Baumgartner.

Chief Helen Proswoski Tried to Coerce Statement in May 2005.

2006-11-25T12:23:00.000-08:00

Bay View Police Chief: No Vehicle Until You Give Us A Statement
Monday, May 23, 2005, 02:11 PM
Do Ottawa County Officials Want The Editor To Turn On Baumgartner?
Bay View Police Chief: No Vehicle Until You Give Us A Statement
“You didn’t give her permission to take the vehicle did you?”

“You didn’t give her permission to take the vehicle did you?” Bay View Police Chief Helen Prososwksi asked after refusing to lift the law enforcement “hold” on the EV Editor’s 2005 Kia Sportage after the vehicle was used by Dr. Elsebeth Baumgartner to drive to Huron County on Friday night. Baumgartner asserts that she was simply driving to Huron County to surrender.

State Highway Patrol officials have filed no charges against Baumgartner and their media release stated that Baumgartner was arrested without incident. The trooper from OSHP post #26 added that Baumgartner was very cautious as she drove through intersections on her way to the Huron County line.

Editor's 2005 Kia Sportage

Baumgartner asserts that she has been abused by the Erie and Ottawa County government so much that she wanted to avoid being taken into custody in Erie or Ottawa County. “I feel like a battered woman.” Baumgartner said in reference to the level of commitment Erie and Ottawa officials have demonstrated to incarcerate her. Records show that Baumgartner has been incarcerated three different times in the Ottawa County Detention Facility before Friday night’s incarceration and was the subject of a Felony Interstate Warrant that was used to arrest her in Texas which all stemmed from a nonviolent misdemeanor charge of “falsification.”

Assistant Lucas County Prosecutor Tim Braun obtained the interstate felony warrant after Baumgartner failed to return to jail after she was granted furlough to attend the funeral of her brother in law. That felony charge was dismissed after Baumgartner was returned to custody in the Ottawa County Detention Facility.

Baumgartner’s entire chronology can be found here.

The Editor can be reached at 419-357-3052 to answer questions on this story.

Toledo Blade jealous that Baumgartner First ID Pay To Play in June 2001?

2006-11-25T12:22:00.001-08:00

Toledo Blade Gets It All Wrong
Monday, May 23, 2005, 02:55 PM
Main Stream Media Smear With Authorless Article?
Toledo Blade Gets It All Wrong

Blade Employs Lucas County Prosecutor Julia Bates' daughter Kim Bates and son in law Dale Emch.

Assistant Lucas County Prosecutor Tim Braun Prosecuted Baumgartner on Falsification Charge and obtained interstate felony warrant that was later dismissed. See Baumgartner’s chronology for more information

Baumgartner family

OTTAWA COUNTY
Officers chase, nab disbarred attorney
Baumgartner has court date today
PORT CLINTON - A former Oak Harbor attorney who was arrested after driving away from police Friday night is to appear in Ottawa County Municipal Court today on a probation violation.

She has a court date? Wow. Where does the Blade get this information? Thin air?

Click on the above link to see how media back government tyranny is enabled. The Blade’s article is a perfectly crafted media smear…and low and behold! It doesn’t list an author!

Eighteen Months Later, the Tipster Mandy DuBois, Dispatch Tapes, and Incident Reports Still Withheld From Press

2006-11-25T12:19:00.000-08:00

Baumgartner Hearing Set For Wednesday
Monday, May 23, 2005, 04:54 PM
EV Real Time Reporting
Baumgartner Hearing Set For Wednesday
Baumgartner To Be Represented By Franklin County Attorney John Vogel

A hearing on Dr. Elsebeth Baumgartner’s alleged probation violation is set for Wednesday May 25, 2005 at 1:00 pm at the Ottawa County Municipal building.

Ohio Visiting Judge John Adkins will be presiding. Adkins is from Circleville Ohio. Adkins is not elected by the people of Ottawa County but was personally assigned to Baumgartner’s case by Ohio Supreme Court Chief Justice Tom Moyer.

Baumgartner was arrested on Friday night after Bay View police received a tip that she was eating in a Bay View restaurant. She was wanted for violating Judge Adkins’ probation terms which included a condition that she may not make any oral or written communications regarding any private citizen or corporate entity accusing that person of entity of misconduct, of suspicion of misconduct or otherwise.

Chief Prosowski and Sheriff Bratton Admit to Breaking the Law

2006-11-25T12:17:00.000-08:00

Bay View Police Chief Admits: Privately Owned Vehicle Involved In Pursuit
Tuesday, May 24, 2005, 08:42 AM
Bay View Police Chief Admits: Privately Owned Vehicle Involved In Pursuit

Developing…

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Baumgartner Files Grievances Against Ottawa Detention Center
Tuesday, May 24, 2005, 08:39 AM
Real Time Detention Blogging
Baumgartner Files Grievances Against Ottawa Detention Center

Dr. Elsebeth Baumgartner has filed three grievances from the Ottawa County Detention Center since her Friday night incarceration.

Baumgartner reports that she is being kept in isolation and her visiting privileges have been restricted. She alleges that they were restricted on purpose in order to psychologically torment her. As reported here, the Editor of this site is not allowed to see Baumgartner on account of the criminal charges being considered against him for “harboring a fugitive.” The former Pharmacist/Attorney was wanted on alleged nonviolent misdemeanor probation violations, one of which stemmed from her “illegal” entrance into the Erie County Courthouse. (Records show that an Ohio Visiting Judge ordered that she be barred from the Courthouse.)

According to Baumgartner, the other prisoners explained that her cell was emptied before she arrived and the prisoner who was housed in her cell prior to Baumgartner’s arrival was moved to an adjacent cell in order that Baumgartner would be held alone.

Baumgartner filed a third grievance against Sheriff Bob Bratton for attempting to smear her in the newspaper by referring to her medical health. Bratton was quoted in the newspaper as saying:

"If I feel she's mentally not competent to be put in jail, I will personally pink slip her to a state hospital.”

Baumgartner reports that the sewage has backed up into her toilet.

Phone calls to Sheriff Bob Bratton were not returned.

Ottawa County Sheriff Bob Bratton

Do Prosecutors Selectively Enforce the Law? Professor Kest teaches Fraud Classes in Florida.

2006-11-25T12:13:00.000-08:00

Do Northwest Ohio Democratic Prosecutors Selectively Enforce Law On Political Enemies?
Tuesday, May 24, 2005, 01:16 PM
EV Critical Thought
Do Northwest Ohio Democratic Prosecutors Selectively Enforce Law On Political Enemies?
Did Lucas County Prosecutor Julia Bates Arrange Under Prosecution Of Lucas County Treasurer Ray Kest via Ottawa County Prosecutor Mark Mulligan; Ignore Theft In Office Exposed On Erie Voices?

Notice here from coverage in the Toledo Blade that the Lucas County Prosecutor’s office has taken exception to the former director of the Ohio Lake Erie Commission who allegedly used his Internet capabilities to look at Internet sites unrelated to his job on County time. Lucas County Prosecutor Julia Bates charges him with felony “theft in office.”

Ex-official faces theft-in-office charge

The former executive director of the Ohio Lake Erie Commission who is accused of using a work computer to view pornography and other Web sites unrelated to his job has been arraigned in Lucas County Common Pleas Court.

Jeffrey L. Busch is charged with one count of theft in office, filed last week by prosecutors in a bill of information

Keep in mind that back in November of 2004…

A year after the Ottawa County Prosecutor was arranged to be assigned to the Lucas County Treasurer’s felony theft in office case after being handpicked by Lucas County Prosecutor Julia Bates to oversee the case because of her “conflicts of interest” Kest ended up getting off scot free. Kest was never indicted

But here we have a man being charged with Felony theft in office for looking at a few Internet sites on County Time – but the Lucas County Treasurer can steal $16,000 and not be charged with anything. Another case of Internet misuse was brought to the attention of the Lucas County Prosecutor’s office – and they flat out ignored it.

Notice that it likely involved Lucas County Prosecutor Tim Braun – who is acting as “special prosecutor” in Else Baumgartner’s case – the woman who first exposed the fact that special prosecutor and visiting judge appointments are being manipulated in order to affect casse outcomes. (Just as an Ohio Congressman asserts in this article about possible judicial manipulation in the Tom Noe case.) Was the Braun appointment to Baumgartner’s case a manipulation by Ottawa County Prosecutor Mark Mulligan in order to destroy the woman who first exposed Mulligan’s improper manipulations of the legal system in Ottawa County?

Could this explain why Mulligan and other Northwest Ohio politicos want this woman so bad?

Will the judiciary investigate the appearance that prosecutors from neighboring Counties are using one another to either enact retribution or use cronyism to fix political cases for the Democratic Party?

The Public Statement That Led to 402 Days Incarceration for Speaking Truth to Power

2006-11-25T12:10:00.000-08:00

The Public Statement That Started It All
Tuesday, May 24, 2005, 02:32 PM
The Public Statement That Started It All
Baumgartner’s Public Statement As An Attorney At Law Before The Port Clinton City Council
January 2, 2002

"I would like to speak. I’m Elsebeth Baumgartner. I’m a resident of Oak Harbor, Ohio, but I represent Darlene Matthes who is a resident of Port Clinton. I’m here on her behalf as well as another citizen from Erie County, Krista Harris, who I also represent in regards to a pending request for the Bureau of Criminal Investigations in regards to Kevin Baxter.”

"The significance of investigating Kevin Baxter is he is an Erie County prosecutor and he is a principal investor in the Island Boat Lines. He is presently under investigation by the Bureau of Criminal Investigation for his involvement in cocaine trafficking as well as suborning perjury in a drug-related matter in Erie County.”

"We’ve also requested an investigation into the coverup, what we believe to be the coverup, of the murder of Susan Matthes wife or I’m sorry, mother, Darlene Matthes, which occurred on April 10, 1998 in Erie County. I would strongly urge this Council not to proceed with any agreement with the Island Boat Line, as other principals within this boat line are also I also have affidavits that they are involved in cocaine.”

"The entire organization, I believe, is corrupt enterprise, and should be duly investigated as such. Thank you.

"I have affidavits from some of my citizens with me."
---
Editor’s note: Erie County Prosecutor Kevin Baxter owned 31% of Island Express and that arrangement is alleged to have violated ORC 2921.42. As you may already know, after Island Express was given a half million dollar federal grant, and public assistance, the company went belly up. Island Express still owes over $100,000 in taxes to the people of Erie County.
Baxter is also accused of probate fraud.

Bay View Police Lied..Charges were Pressed on May 20, 2005 and Withheld from Defendant

2006-11-25T12:07:00.001-08:00

No Charges Filed Yet On Baumgartner
Tuesday, May 24, 2005, 03:54 PM
May 24, 2005 3:47 pm
No New Charges Filed Yet On Baumgartner

As of Tuesday afternoon, no new charges have been filed against government critic Dr. Elsebeth Baumgartner in either Sandusky Municipal Court or Erie County Common Pleas Court.

Ottawa County officials allege that Baumgartner illegally eluded police during an attempted arrest at Terry’s Tavern in Bay View. Baumgartner alleges that the bench warrant used to arrest her was no good because it did not include a sworn charge as required by Ohio law. During a November 2004 EV investigation into the bench warrant Ottawa County Sheriff Bob Bratton claimed “there were always questions floating around about that warrant.” Bratton asked Ottawa County Probation Officer Jody Royster if he could "pull" the warrant until the legalities surrounding the issue could be clarified.

The Port Clinton News Herald reported that when Bratton was asked about the legitimacy of the warrant, he stated that it didn’t matter if the warrant was good or bad because Baumgartner had created new charges when “fleeing.”

Baumgartner’s hearing on “alleged probation violations” is tomorrow at 1:00 pm at the Ottawa Municipal building.

Baumgartner Chronology Updated.

2006-11-25T12:04:00.000-08:00

________________________________________
Baumgartner Chronology Updated
Tuesday, May 24, 2005, 05:12 PM
Baumgartner Chronology Updated
For complete Chronology see this post.

January 4, 2004

Two Sheriff’s Deputies acting on a judicial order “barring” Elsebeth Baumgartner from the Erie County Courthouse arrest Elsebeth Baumgartner in the lobby of the Erie County courthouse. Ohio Visiting Judge Donald Joseph Sweeney barred Baumgartner from courthouse during trial of Krista Harris for disruptive behavior in court. Baumgartner claims that Visiting Judges are used to fix cases in Ohio and that black female Krista Harris was being railroaded because of what she knew about Erie County Prosecutor Kevin Baxter. Harris alleges that Baxter coerced sex from her under threat of criminal charges and that the court system was being manipulated to destroy anyone who criticizes judges and prosecutors. (Charges are later dismissed)

January 6, 2004

Ohio Visiting Judge John Adkins issues bench warrant for arrest of Elsebeth Baumgatner stating that her probation was revoked because of arrest day before in Erie County.

January 10, 2004

Elsebeth Baumgartner moves to Florida.

July 31, 2004

While walking her dog outside her home in Florida, Dr. Elsebeth Baumgartner notices law enforcement raid on Ejay Baxter’s house (brother of Erie County Prosecutor Kevin Baxter) in order to try to serve Ohio bench warrant on Ejay. Warrant is signed by Ohio Visiting Judge Joseph Cirigliano. Those events are covered in detail on Erie Voices. The Sandusky Register refuses to print a single word about the incident.

September 2004

Baumgartner returns north to reside in Michigan in order to be closer to her husband and daughters. Baumgartner resides in Lambertville Michigan in order to avoid what she calls “legal abuse by Visiting Judge John Adkins and Ottawa County Prosecutor Mark Mulligan.”

November 23, 2004

Elected Sandusky Municipal Judge Erich O’Brien dismisses charges against Baumgartner which were related to her appearance at the Erie County Courthouse on behalf of Sanduskian Krista Harris.

November 24, 2004

Sandusky resident Bryan DuBois, and Joseph Baumgartner attempt to file a Motion to Quash in Ottawa County Municipal Court for Elsebeth Baumgartner in case no 02-25 citing the dismissal of the charges filed in Sandusky Municipal Court. Ottawa County Probation Officer Jody Royster and an unnamed Ottawa County Sheriff’s Deputy forcibly escort both Joseph Baumgartner and Bryan DuBois from the Ottawa Municipal building. The Sheriff’s Deputy threatens to charge DuBois with “trespassing” and states that Joe Baumgartner is no longer allowed to enter the building.

DuBois has conversation with Ottawa County Sheriff Elect Bob Bratton. Bratton is very congenial and admits that he always had questions about the legitimacy of the warrant. Attempts are made to reach Ohio Visiting Judge John Adkins in Circleville Ohio to inquire whether or not Bratton could suspend the warrant until the questions of its legitimacy could be answered. Adkins is not reached.

DuBois has conversation with Ottawa County Prosecutor Mark Mulligan outside of Mulligan’s office. DuBois asks Mulligan for help with filing the motion to quash because Mulligan is the top law enforcement agent in Ottawa County. Mulligan states in no uncertain terms: “I will not help you. It is not my function in life to help you.”

Ottawa County Prosecutor Mark Mulligan. Baumgartner ran against Mulligan in 1994 election for prosecutor but had to withdraw because of a death in the family.

December 7, 2004

Before reading or even seeing the above mentioned “motion to quash” Visiting Judge John Adkins declares that if filing of the document is successful it “shall be overruled and such warrant shall remain in full force and effect until such time as the Defendant is apprehended and restored to custody” and that a copy of the motion to quash will be held in the Ottawa County Sheriff’s Office for "safe keeping."

May 20, 2005

Ottawa County Sheriff’s office receives tip from unknown persons about location of Dr. Elsebeth Baumgartner in Erie County. Bratton’s office refers tip to Erie County Sheriff’s Office who then notifies Bay View Police that Baumgartner was seen in a Bay View restaurant.

Baumgartner is arrested after a car pursuit involving 3 different County agencies. Chase ends in Huron County. Despite the characterization by Ottawa County Sheriff Bob Bratton that the chase was "reckless" and carried out at high speeds, Ohio State Highway Patrol transporting officer Sgt Myer reports that "the highest speed was 70," "For the red lights, she slowed down and almost came to stops at intersections." Another officer referred to Baumgartner's very "controlled movements."

Baumgartner claims that she was cautiously proceeding to Huron County in order to recieve a fair trial, and that she has been held in Ottawa County for 75 days without a hearing. Records show that Baumgartner has already served 234 days in jail for a first offense nonviolent misdemeanor.

May 21, 2005

Ottawa County Sheriff Bob Bratton is quoted in the Port Clinton News Herald:

"I'm glad we've got this woman.” "She's been thumbing her nose at the criminal justice system and it's time she goes to jail right where she belongs."

"It doesn't matter if that was a good warrant or a bad warrant.”

Ottawa County Sheriff Bob Bratton

Real Time Blogging-Exposing Case Fixing as it Occurs

2006-11-25T12:01:00.000-08:00

Baumgartner Refused Bond
Wednesday, May 25, 2005, 04:23 PM
Ottawa Detention Real Time Blogging
Baumgartner Refused Bond
Ohio Visiting Judge Refuses To Grant Bond; No Hearing Scheduled

Ohio Visiting Judge John Adkins will not grant Dr. Elsebeth Baumgartner a bond. She will stay incarcerated in the Ottawa County Detention Center until the court holds a hearing on alleged misdemeanor probation violations.

Baumgartner has been in custody since Friday night after being arrested on a bench warrant that she asserts is defective. Baumgartner asserts that the bench warrant was not accompanied with sworn charges. Ohio Visiting Judge John Adkins admitted to being the “complaining witness” to the alleged violations that resulted in Adkins issuing the warrant.

Prior to the hearing, a plea deal was reportedly worked out between Assistant Lucas County Prosecutor Tim Braun and Defense Attorney John Vogel but the Prosecutor withdrew the deal when Baumgartner refused to admit to probation violations. Baumgartner has maintained that she will not admit to violations without first being notified about the charges.

The hearing was scheduled for 1:00 pm but did not get underway until 2:35 pm as the judge and prosecutors conferred in private.

More to come…

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No New Charges Filed On Baumgartner
Wednesday, May 25, 2005, 11:36 AM
Ottawa Detention Real Time Blogging
No New Charges Filed On Baumgartner
Are Erie County officials Waiting To See If Warrant Was Legit?

Despite the reporting of actual charges filed against Dr. Elsebeth Baumgartner, phone calls to Sandusky Municipal and Erie County Common Pleas show that no “felony” charges have yet been filed on Dr. Elsebeth Baumgartner.

At the present time, only an alleged probation violation is pending against Baumgartner.

A hearing on this matter is set for 1:00 pm today at Ottawa Municipal.

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The Most Important Question:
Wednesday, May 25, 2005, 08:38 AM
The Most Important Question:
Was Baumgartner Arrested On A Legitimate Warrant?

On Friday night Dr. Elsebeth Baumgartner was arrested on a bench warrant issued by Ohio Visiting Judge John Adkins. She has battled over and over to have that warrant examined but has been ignored. She attempted to file a motion to quash, but her filings were rejected by the court system and held by the Ottawa County Sheriff Bob Bratton.

She argued with Ohio Visiting Judge Richard Markus for over 20 minutes about whether or not he had the authority to examine the bench warrant kept in place over her head. Baumgartner asserts that Ottawa County did such action in order to prevent her from defending herself in Ottawa County court.

The most important questions for today’s hearing:

1. Was The Warrant Legitimate?
2. Can a probation officer obtain a bench warrant with no sworn affidavit? (No evidence of wrongdoing)
3. What were Baumgartner’s alleged probation violations?
4. Has she been punished severely enough for her most “dangerous” crime of a nonviolent misdemeanor from which she has already served 235 days in jail?
Does this situation warrant the committed actions of state officials or is there something deeper causing this vendetta?

Will the state finally settle with Baumgartner?

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Mind Reading Sheriff
Wednesday, May 25, 2005, 08:26 AM
Mind Reading Sheriff
Ottawa County Sheriff Bob Bratton Is A Sheriff, Judge And A Mindreader

We’ve tried to showcase a few of Ottawa County Sheriff Bob Bratton’s more inane quotes from the Port Clinton News Herald in regards to government critic Dr. Elsebeth Baumgartner’s arrest on Friday night, but this quote slipped under the radar in the Toledo Blade:

"[Elsebeth Baumgartner] really feels that by her being picked up the other night that this is OK because this is what happens when you're trying to save the country.”

This morning Else Baumgartner gave the following statement from the Ottawa County Detention Facility:

“If Bratton thinks that advocating for abused women and children is not okay, then he should be prepared to arrest every Christian in the county. My advocacy has been very well defined. If Bratton has a problem with that – then that should tell the people of Ottawa County a thing or two about their Sheriff.”

Ottawa County Sheriff Bob Bratton

EV Opinion-Raw Judicial Power and Arrogance

2006-11-25T11:59:00.000-08:00

Raw Judicial Power And Arrogance
Wednesday, May 25, 2005, 05:49 PM
EV Opinion
Raw Judicial Power And Arrogance
Baumgartner Matter Is An Assault On Common Sense

Bryan DuBois
Editor, Erie Voices

I learned one thing today: The raw power of judicial arrogance cannot be matched by an inactive electorate.

No matter what the injustice imposed by a judge, no matter how ridiculous the conditions, I’m faced with the same dumbfounded questions by those who read the stories on the pages of Erie Voices: “Can a judge actually do that?”

The answer is: Who’s going to stop them?

Until the citizens of this state realize that their angry presence at the courthouse can influence a judge from using his power to destroy – these judges will continue to exercise their power unrestrained in a way that is unrecognizable to anyone with common sense.

Today at the Baumgartner hearing I saw the raw power of the state being inflicted upon a woman who has already served 235 days in jail on charges that are most obviously unconstitutional. “She was convicted of a crime!” some say as a means to explain away the Fremont News Messenger’s Headline: “BAUMGARTNER CAPTURED!” as if she was a convicted murderer. Yep, she was convicted of a crime for standing up in front of a public body in order to encourage public officials not to give a sweetheart deal to another public official. Doesn’t that prove that our system is more broken than Baumgartner ever claimed? Do people understand that her “crime” was questioning and criticizing the government, and that the prosecution was driven by the attitudes of the types of men who give each other sweetheart deals at the taxpayer’s expense?

How many Ohioans must be wounded by the Ohio Visiting Judge system before the electorate realizes that we have men among us acting as judges who are not elected by the people they supposedly “serve?”

Since when does a judge have the ability to suspend the 1st amendment rights of an attorney acting on behalf of her clients? Who will end this pissing match? Will the State recognize their place and back down? Or will the crushing hand of government tyranny continue to destroy this woman in order that the illusion of an all powerful government be maintained?

When will the people of Ottawa County insist that Administrative Judge Frederick Hany take control of his court and insist that the “Baumgartner matter” come to an end? What will more prison time prove? That we must fear speaking out when we see injustice? Ottawa Municipal is Hany’s court.

Just as a beautiful woman can talk a police officer out of writing a ticket – concerned citizens can hold Judge Hany accountable when the power of his court is being wielded by a visiting judge who isn’t running his court by common sense, but rather a mixture of judicial arrogance and the phony courage made possible by the fact that he couldn’t give a damn less about how we feel because we didn’t elect him.

But then again…

Forcing the Ottawa County taxpayers to house a woman who speaks on our behalf seems to be a fitting punishment for those of us too lazy to complain about how the Ottawa County government is treating her.

No Bond For Baumgartner.

2006-11-25T11:57:00.000-08:00

Baumgartner Held On No Bond
Thursday, May 26, 2005, 07:00 AM
Baumgartner Held On No Bond
From The Ottawa County Detention Center:

Government critic and law school valedictorian Dr. Elsebeth Baumgartner is being held without bond in the Ottawa County Detention Center, without any formal notice of charges.

“Even accused murderers are granted bond.” Baumgartner said Wednesday. “Granted, the bond may be set ridiculously high, but the point is they’re granted bond. I get no bond.”

Ohio Visiting Judge John Adkins refused to give her a bond unless she admitted to probation violations before they were formally served.

The Baumgartner family on May 5th 2005

“They wouldn’t release me unless I admit to probation violations before they serve me with charges. The Visiting Judge who hates me and sentenced me to 180 days in jail on a nonviolent misdemeanor is now saying that I’m a ‘flight risk’ until I admit guilt to unspecified crimes.”

Baumgartner added, “What is this? A farce?”

On the record yesterday in Ottawa Municipal Court, after being pressed to answer questions about the legitimacy of the bench warrant he issued for her arrest, Ohio Visiting Judge John Adkins explained that he was the “complaining witness” to her alleged probation violations, and then issued a bench warrant for her arrest without an affidavit in support of her alleged crimes.

"I wanted him to admit on the record that he was the witness and the judge in this case."

Baumgartner is being accused of walking into the Erie County Courthouse after being barred by another Visiting Judge.

Baumgartner, former attorney at law, was representing Krista Harris, a black female who had accused a neighboring county prosecutor of rape. Harris was eventually convicted on “theft” charges and sentenced to 5 years in prison by the same judge who ordered Baumgartner barred from the Courthouse.

Baumgartner was arrested on Friday night after a car pursuit into neighboring Huron County. She claims that she drove to Huron County in order to avoid unfair treatment in Ottawa County.

Record Proves Visiting Judge Coerced Plea

2006-11-25T11:55:00.000-08:00

Ohio Visiting Judge: Baumgartner Is A “Flight Risk”
Thursday, May 26, 2005, 08:03 AM
Sandusky Register May 26, 2005
Ohio Visiting Judge: No Bond For Baumgartner
As part of plea deal, Judge rules that Baumgartner is a “flight risk” and denied bond unless she pleas guilty to unspecified misdemeanor probation violations

Baumgartner hearing continued

By SUSANNE CERVENKA and JENNA BUZZACCO
Staff writers
PORT CLINTON - Former Oak Harbor attorney Elsebeth Baumgartner remains in an Ottawa County Detention Facility after a hearing Wednesday on an alleged probation violation was continued.

The “alleged violation” was that Baumgartner is accused of walking into the Erie County Courthouse to attend the trial of Krista Harris a young black female who had accused the Erie County Prosecutor of raping her. Baumgartner was arrested in the lobby of the Courthouse after two Sheriff’s Deputies enforced a judicial “order” barring her from the courtroom. Krista Harris was eventually sent to prison for five years on “theft charges.”

Baumgartner was charged for that incident, but the charges were altogether dismissed in November of 2004. See the new timeline for how those events played out.

Wednesday's hearing was delayed for more than an hour over what Baumgartner's attorney John Vogel described as a "miscommunication" among himself, Special Prosecutor Timothy Braun and Visiting Judge John Adkins.

Vogel said he had thought the three men had reached an agreement to reinstate the original terms of probation for Baumgartner.

The arrangement fell apart because Adkins and Braun, a Lucas County assistant prosecutor, wanted Baumgartner to say she had violated her probation, Vogel said.

Baumgartner alleges that this prosecution is vindictive and retaliatory. An EV investigation suggests that Braun used Erie Voices to defame Baumgartner while he was at work in Lucas County. See our investigation here.

"The prosecution and the court believed there was going to be an admission of guilt," Vogel said.

However Baumgartner believes she did nothing wrong, Vogel said.

"Mrs. Baumgartner maintains her innocence," he said.

This is certainly a very important issue that we must further expend out tax dollars on.

Adkins said the admission of the probation violation was a main condition of the probation deal.

In other words – Baumgartner is a “flight risk” unless she admits to violating her probation. Judicial tyranny. Adkins’ reasoning doesn’t depend on common sense but rather securing conditions that would allow him to get away with breaking the law surrounding his issuance of a vindictive bench warrant in order to harass someone. If they can do it to Baumgartner with impunity, they can do it to you. (Most people don’t care until it happens to them.)

The court will move ahead with a hearing on whether Baumgartner violated her original probation from a 2002 falsification conviction, Adkins said. A jury convicted Baumgartner on falsification charges stemming from comments she made during a Port Clinton city council meeting.

If convicted of the probation violations, Baumgartner faces serving the rest of her 180-day sentence for falsification, of which 125 days remain, Adkins said.

Baumgartner has served 235 days in jail for her alleged crimes. Her alleged crimes were nonviolent misdemeanors and directly stem from her criticism of the government and holding public officials accountable.

Baumgartner was arrested Friday night on a warrant issued by Adkins more than a year ago. Baumgartner led Bay View police, an Erie County Sheriff's deputy and Ohio State Highway Patrol troopers on a two-county chase after police tried to arrest her at a Bay View restaurant.

The warrant was issued after Baumgartner, against a judge's orders, attended an Erie County court hearing last year.

However, Adkins said there were other probation violations.

“But we don’t have them here – at her hearing…we’ll get them to you later while she sits in jail on no bond. By the way, we don’t even have formal notice of her charges. Like I said, we’ll get them to you when we can. Getting this alleged misdemeanant in custody was the most important thing today.”

Braun and a municipal court probation officer were working on a complete list of all of the violations, Adkins said. That list was not available Wednesday. Braun could not be reached for comment.

Vogel said he has not seen a statement on her probation violations, nor has he seen any charges from Erie County resulting from her arrest Friday night.

Charges in Erie County will be served when the case in Ottawa County is settled, Bay View Police Chief Helen Prosowski said.

Meanwhile, Baumgartner is in Ottawa County without bond, Adkins said.

"She's a flight risk," Adkins said.

Attorney and Alleged Perjurer Charles Burns Admits to Violations of Law

2006-11-25T11:53:00.000-08:00

EX-BCS Superintendent Charles Burns Admits That Baumgartner Arrest Tape Shown At Party
Thursday, May 26, 2005, 11:08 AM
EX-BCS Superintendent Charles Burns Admits That Baumgartner Arrest Tape Shown At Party
Baumgartner claims her medical privacy is being violated by Ottawa County Sheriff Bob Bratton

Baumgartner makes five complaints with jail staff

By KRISTINA SMITH
Staff writer

PORT CLINTON -- Since her arrival at the Ottawa County Detention Facility Friday night, Elsebeth Baumgartner has filed five complaints with the jail staff.
The disbarred former Oak Harbor attorney said she has been exposed to sewage fumes, and she has accused officials, including Sheriff Bob Bratton, of violating her civil liberties and involvement in a network of corruption, Bratton said.
"There's nothing to support anything she's saying," Bratton said. "It's her own way of supporting in her own mind that she's out there to take on the world."

Cuyahoga County Prosecutor's Office Admits Initimidation Statute Intended to Combat Militia Movement

2006-11-25T11:51:00.000-08:00

Cuyahoga County Assistant Prosecutor James Gutierrez: Ejay Baxter is “nefarious”
Friday, May 27, 2005, 12:48 AM
Cuyahoga County Assistant Prosecutor James Gutierrez: Ejay Baxter is “nefarious”
“If he’s got any guts, tell him to come up and fight these charges.”

Cuyahoga County Prosecutor James Gutierrez recently asked to expand a bench warrant for Ejay Baxter, the brother of Erie County Prosecutor Kevin Baxter 3 years after prosecuting Ejay on 81 criminal charges for what Gutierrez claims was “paper terrorism.” Gutierrez has asked an Ohio Visiting Judge to expand the bench warrant for Ejay to a national level in order to arrest him in Florida.

Kevin Baxter

“The intimidation statute was created to ward off the militia movement.” Gutierrez stated in a telephone conversation this afternoon.

Ejay Baxter was accused of sending letters to Ohio authorities that Kevin Baxter called “outrageously false and defamatory.” According to Ejay, he was seeking an investigation on his brother for violations of ORC 2921.42, and 18 USC 666 in regards to Kevin Baxter’s involvement with public contracts and Island Express Boatlines. Records shows that Kevin Baxter owned 31% of Island Express.

Developing…

Where is the Outrage?

2006-11-25T11:49:00.000-08:00

Final Revocation Hearing Set For Baumgartner
Friday, May 27, 2005, 11:06 AM
Ottawa Detention Real Time Blogging
Final Revocation Hearing Set For Baumgartner

Ohio Visiting Judge John Adkins has set a final revocation hearing for Wednesday June 1st at 1:00 pm. Baumgartner is expected to defend herself at a final probation revocation hearing 7 days after she was arrested on a bench warrant with no supporting affidavit.

Adkins refused to set a bond stating that she was a “flight risk.” Baumgartner was arrested on Friday after Bay View police and Ohio State Highway Patrol officers chased her with a bench warrant in which Adkins admitted on the record Wednesday that he was the complaining witness. Baumgartner stated that she is not treated fairly by Judge Adkins and that she left the scene in order to be incarcerated in Huron County instead of Ottawa County.

Baumgartner has not been served with formal charges against her, and the Assistant Lucas County Prosecutor assigned to the case has admitted on the record that he doesn’t have specification of formal charges. Records show that Baumgartner’s runner was kicked out of the Ottawa Municipal building while trying to file a “motion to quash” on Adkins’ bench warrant.

Judge Adkins stated that Baumgartner violated his judicial order that stated she not be allowed to enter a courthouse while she was on probation. The misdemeanor charges that were used by Adkins to issue the bench warrant have since been dismissed by Sandusky Municipal Court.

Adkins refused to set bond, and he left his office early Friday morning for the Holidays.

Developing…

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Where Is The Outrage?
Friday, May 27, 2005, 10:13 AM
Where Is The Outrage?

If they can do this to Baumgartner, they can do it to you. Please use the national media resource to send this article to everyone:

Does Anyone Care…

That an American citizen is being held without charge…

(A Lucas County Prosecutor Tim Braun admitted at a hearing 4 days after the arrest of Dr. Elsebeth Baumgartner that a specification of charges was not available and that he’d produce them at a later date.)

Without bond…

(Ohio Visiting Judge John Adkins refused bond unless Baumgartner admitted to violating the unspecified charges. He called her a “flight risk” unless she admitted to violating probation without notification of the charges.)

On the allegation of unspecified “probation violations” which were nonviolent misdemeanors…

(Baumgartner is accused of walking into a courthouse “against a judicial order” on January 4, 2002)

And the probation resulted from a conviction on a nonviolent misdemeanor wherein she was criticizing the government and holding public officials accountable…

(Baumgartner was convicted of “falsification” for making statements against Erie County Prosecutor Kevin Baxter even though she was acting in her capacity as an Attorney At Law while representing her clients at a public meeting.)

Dr. Elsebeth Baumgartner and family

Baumgartner will now be held over the holiday on no bond, and we’ve just received word that the unelected Visiting Judge presiding over her case has already left his office in Circleville Ohio for the Holiday weekend.

I can be reached at (419) 357-3052 to answer questions about this case.

Bryan DuBois
Editor, Erie Voices
http://erievoices.com

2006-11-25T11:45:00.001-08:00

Baumgartner Dehumanized
Friday, May 27, 2005, 04:49 PM
Baumgartner Dehumanized

“I wanted to surrender in Huron County so I could get a fair hearing. If I go back into the Ottawa County [Detention Facility] I’ll be abused by Mark Mulligan and Bob Bratton. This is my 3rd incarceration on a nonviolent misdemeanor.”
--Dr. Elsebeth Baumgartner May 22, 2005

INSERT PICTURE OF OTTAWA COUNTY PROSECUTOR'S OFFICE WITH HEADLINE

BAUMGARTNER CAPTURED!

Baumgartner Dehumanization Continues...

2006-11-25T11:45:00.000-08:00

Ottawa County officials Enage in Sham Legal Process?

2006-11-25T11:43:00.001-08:00

Is Ottawa County Probation Officer Guilty Of Sham Legal Process?
Friday, May 27, 2005, 10:13 PM
Detention Center Real Time Blogging
Is Ottawa County Probation Officer Guilty Of Sham Legal Process?
Jody Royster Has Failed To Provide Affidavit In Support Of His Charges On Three Separate Occasions

Ottawa County – Dr. Elsebeth Baumgartner reports that Ottawa County Probation Officer Jody Royster has “served” her with an affidavit in support of his allegations that resulted in a bench warrant issued for her arrest over two years ago.

The affidavit was not present at the time of her arrest but according to Baumgartner, is now being provided 7 days after she has been in custody. Royster’s affidavit alleges that Baumgartner violated her probation by being charged with crimes that were dismissed over six months ago.

Baumgartner is being held without bond.

Baumgartner was wanted by Ottawa County officials for allegedly violating probation that stemmed from a nonviolent misdemeanor conviction of falsification.

Private citizen Joe Fratoe, a personal friend and business associate of Erie County Prosecutor Kevin Baxter originally charged her with falsification after she spoke out against a sweetheart deal between the Prosecutor’s private boat business and the City of Port Clinton. “[Baxter] violated ORC 2921.42 because he owned 31% of Island Express and they were seeking a public contract. That’s illegal in Ohio because Kevin Baxter is a public official.”

Baumgartner was accused of illegally entering the Erie County Courthouse in January of 2004 during the theft trial of Sanduskian Krista Harris.

Dr. Elsebeth Baumgartner ran against Ottawa County Prosecutor Mark Mulligan in 1994

“Royster is now admitting that an affidavit is necessary in order to file charges against somebody” Baumgartner stated. “[Royster’s] done this 3 times already – even though this is basic procedure.” Baumgartner said from her cell on Friday.

Records show that during an incident in November Baumgartner’s assistant and husband were physically removed from the Ottawa County Municipal building while they were trying to file a motion to quash the illegally obtained bench warrant.

Records show that when the assistant notified Royster that the charges in Sandusky were dropped, he responded, “We don’t know this. You're not at attorney.” The Assistant answered, “What's that got to do with anything? I’ve got [the dismissal] right here and they won’t take it from me!”

Royster then forced Baumgartner’s assistant from the building.

Records show that on December 7, 2004 Ohio Visiting Judge John Adkins entered an order in Baumgartner’s criminal case (02 CRB 025) stating that Baumgartner’s motion to quash would not be filed with the clerk but kept in “safe keeping” with the Ottawa County Sheriff’s office.

Developing…

Ottawa County Officials Deny Records and Doctor Visitation

2006-11-25T11:41:00.000-08:00

No Ottawa Municipal Records For Baumgartner
Saturday, May 28, 2005, 05:43 PM
No Ottawa Municipal Records For Baumgartner
“How Can I Defend Myself?” Baumgartner says from her cell Friday

Ottawa County – Dr. Elsebeth Baumgartner enters her 8th day of incarceration in the Ottawa County Detention Center on alleged nonviolent misdemeanor probation violations.

An Ohio Visiting Judge classified Baumgartner as a “flight risk” unless she pled guilty to unspecified charges.

Baumgartner faces her final probation revocation hearing on Wednesday May 30, 2001. She claims that she has no access to legal documents from jail and that she was denied bond on purpose so that she couldn’t defend herself. “I had an assistant submit a request for my records at the Ottawa Municipal building but apparently the gals were busy with something else. They told him to come back on Tuesday and that the request “might” be filled by then.”

Baumgartner claims she could do the legal work herself if granted a bond.

The same Ohio Visiting Judge says no. “She’s a flight risk.” Ohio Visiting Judge John Adkins said after a plea deal fell through wherein Baumgartner would be released if she pled guilty to violating charges that had not been served. “I’m not going to plead guilty when I don’t even know what they’re charging me with.” Baumgartner stated from her jail cell.

Records show that Adkins called Dr. Baumgartner a “purveyor of hate and cynicism” before sentencing her to 180 days in jail on a nonviolent misdemeanor in April of 2003. At the sentencing, Adkins intoned that Baumgartner was a “failure at all she has attempted.”

The 1994 Toledo Law School Valedictorian disagrees. “I’ve got two beautiful girls – one of them just graduated Valedictorian at UT’s Pharmacy School - so despite this legal mess I've been blessed beyond belief."

Baumgartner stated that her records requests from the Ottawa Municipal building were being stonewalled on purpose and that the outcome of the revocation hearing had a pre-determined outcome. “Adkins already knows what he’s going to do…we’ll find out Wednesday.”

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________________________________________
Fremont Doctor Barred From Visiting Baumgartner
Saturday, May 28, 2005, 01:42 PM
Ottawa Detention Real Time Reporting
Fremont Doctor Barred From Visiting Baumgartner

A Fremont based psychologist has been barred from visiting Dr. Elsebeth Baumgartner while she’s incarcerated on alleged nonviolent misdemeanor probation violations.

Baumgartner is being held without bond in the Ottawa County Detention Facility for allegedly walking into the Erie County Courthouse in 2002 against a judicial order.

Although Ottawa County Sheriff Bob Bratton claims that the psychologist is not “barred” Bratton did not specify what stipulations were attached to her visitation if any.

A spokesman from the Huron County Jail said that under normal circumstances, medical attention is given through the jail’s medical doctor or psychologist but said that there shouldn’t be any stipulations attached to a doctor’s visit during regular visitation hours.

When asked if this writer would be able to visit during regular visitation hours Bratton replied, “I’m not Emahiser, you can sue me all you want. No, you ain’t getting’ into the facility. You was running with a fugitive.”

Bratton refused to comment further on Baumgartner’s case.

From her cell in the Ottawa County Detention Facility Baumgartner characterized her incarceration as “an absolute waste of tax resources,” and that Bratton and Ottawa County Prosecutor Mark Mulligan are on a “witch hunt” because of her outspoken criticism of them.

“Whoever heard of being in jail with no bond on a an alleged nonviolent misdemeanor? I’m in here for walking into a courthouse for God’s sake!”

Baumgartner claims that Bratton and Mulligan have conspired to violate her rights and abuse her. “Bratton is talking about my medical care in the newspaper – he’s trying to dehumanize me. He’s trying to make me sound crazy because I’ve been critical of him and that’s the only way he can discredit my claims.”

"I'm glad we've got this woman," Bratton said. "She's been thumbing her nose at the criminal justice system and it's time she goes to jail right where she belongs." -- Ottawa County Sheriff Bob Bratton quoted in the Port Clinton News Herald May 21, 2005

In response to Baumgartner's specific grievances about law enforcement in Ottawa County, Bratton explained in the Port Clinton News Herald: "There's nothing to support anything she's saying, It's her own way of supporting in her own mind that she's out there to take on the world."

Baumgartner became a Pharmacist in 1978 with her husband Joe who served 12 years on the Benton Carroll Salem School Board.

Baumgartner claims that by her advocacy for certain politically unpopular groups in Ottawa and Erie County she was retaliated against by Erie and Ottawa Politicians who have been using their power to benefit themselves and other at the expense of taxpayers. She also claims that Bratton has lied to the Newspapers to discredit her.

Summary of EV Coverage Of Baumgartner Unlawful Arrest May 20, 2005

2006-11-25T11:37:00.000-08:00

EV Coverage Of Baumgartner’s Arrest
Sunday, May 29, 2005, 09:46 AM
EV Coverage Of Baumgartner’s Arrest
A Re-cap

Baumgartner arrested!

Super Duper Highly Dangerous Criminal Mastermind Dr. Elsebeth Baumgartner was arrested On May 20, 2005 after leading State Highway Patrol Officers into Huron County in an alleged “car chase.” Baumgartner claims that she was only driving to Huron County in order to turn herself in. Her vehicle was stopped just on the other side of the Huron County line on Rt 4. Officers on the scene described Baumgartner as cooperative. They filed no charges against her and stated that her speed wasn’t excessive and that she was very cautious when driving through intersections.

Prior to the “chase” Baumgartner was accosted by Bay View police officers after eating chicken salad with this writer at Terry’s Tavern in Bay View. This writer was hired to chronicle the over the top abuse the Baumgartner family has sustained for the last 4 years as a result of Elsebeth’s Christian advocacy on behalf of the less fortunate.

Even though they’ve been abused, their young daughters have gone on to be successful:

Jackie Baumgartner Graduates Valedictorian At University of Toledo.

As we waste taxpayer dollars prosecuting her mom, beautiful 21-year-old Jackie Baumgartner graduates valedictorian at Toledo’s Pharmacy school.

The Port Clinton News Herald ignored this story.

Since Dr. Baumgartner needed to drive my car to Huron County, I was left in Bay View without a ride. Later that night, I found my way to the Ottawa County Detention Facility in order to get my keys.

Night Falls On Ottawa County Detention Facility.

I was able to get a fairly blurry picture of “criminal mastermind” Elsebeth Baumgartner as she sits in custody in the OCDF. (She has her arms raised in the window)

Nonviolent Alleged Misdemeanant Dr. Elsebeth Baumgartner

EV Editor Warned About “Harboring Elsebeth”

Later that evening, Part Time Bay View Police Chief Helen Prosowski pretends to draw some significance from the fact that this writer was eating with Baumgartner in a restaurant in Bay View. “You knew about the warrant, Bryan.”

"Uh, yeah Helen, and I've also seen that so called bench warrant that was issued without oath or affirmation - which is kinda like - "necessary" to make it legal. (And I never met Prosowski before in my life - but she’s calling me by my first name.) Helen, I was also kicked out of the Ottawa County Municipal building for attempting to file a motion to quash that bench warrant - so I know that the entire prosecution is illegal.

“I Drove To Huron County To Get A Fair Hearing”

Baumgartner explains that she’ll be abused by Ottawa County officials if she’s taken back to the Ottawa County’s detainment facility.

Not that we have any proof that the prosecution is vindictive or anything…

Baumgartner ran against Ottawa County Prosecutor Mark Mulligan in 1996

Woman accused of eluding police – The Sandusky Register’s article on May 21, 2005

Baumgartner Says Jail Conditions Have Improved

…since her last incarceration at the Ottawa County Detention facility. Perhaps while inside she could have discussions with the corrections officers about complex intellectual property concepts.

Or maybe DNA analysis.

Baumgartner Explains The Normal Procedure For Addressing Alleged Probation Violations

…not that we’d suggest any irregularity on procedure here. Besides burning the Constitution and pissing on the ashes, Ottawa County officials have only violated every rule in the book in order to jail this woman.

1. Charge was not issued upon oath or affirmation
2. Bench warrant was used rather than court summons (threat of arrest used to intimidate)
3. Probation conditions are facially unconstitutional
4. The criminal charges used to launch the “bench warrant” were dismissed in November of 2004 – and the Probation Officer knew it – because I told him myself.

EV Editor Denied Visitation With Baumgartner

…because apparently Ottawa County Sheriff Bob Bratton doesn’t want Baumgartner’s story chronicled by someone she hired. The first amendment can be a dangerous thing to authority who don't follow their own rules.

Does Legal Abuse Hurt The Local Economy?

As Baumgartner’s commercial properties in Oak Harbor sit and rot, the Ottawa County government persists in the prosecution of Baumgartner because she criticized them. There ain’t nothing like honesty in local government and the vigorous defense of 1st amendment rights!

Meanwhile, in neighboring Wood County, the Medicine Shoppe (run by Elsebeth's husband Joe, a former BCS school official) has had its corporate assets frozen by the same Visiting Judge who declared Elsebeth a "vexatious litigator," and refused to examine the legality of the bench warrant held over her head to keep her out of Ottawa County.

Baumgartner’s company Cleveland Genomics Ltd owns 165 West Water Street in downtown Oak Harbor. She has been unable to improve the building because authorities in Ottawa County won’t let her back into the County without harassing her.

Ottawa County Sheriff Bob Bratton Loses Political Mind

…and begins saying outlandish comments in the Port Clinton News Herald:

"I'm glad we've got this woman.” "She's been thumbing her nose at the criminal justice system and it's time she goes to jail right where she belongs."

"It doesn't matter if that was a good warrant or a bad warrant.”

"What she did tonight created all types of new charges," Bratton said. "It doesn't matter if that was a good warrant or a bad warrant. What she did tonight endangered the lives of law enforcement and citizens on the street.”

"I don't just single her out.”

Three days later, State Highway Patrolman Sgt. Myer stated that Baumgartner’s driving was very controlled and that her speed did not exceed 70 miles per hour (on the highway). Another officer on the scene stated that Baumgartner was very "controlled" when going through intersections, almost coming to a complete stop before passing through. (Bratton must be a nut!)

Port Clinton News Herald May 21, 2005: “BAUMGARTNER CAPTURED!”

Ottawa County Officials hold law school valedictorian on alleged nonviolent misdemeanor probation violations…without bond.

Braun To Act As Special Prosecutor?

Assistant Lucas County Prosecutor Tim Braun is still acting as a special prosecutor in Baumgartner’s case. Braun is accused of publishing defamatory comments about Baumgartner on Erie Voices – which would clearly indicate that this prosecution is vindictive and retaliatory in nature.

Murray’s “Legal Hero” John Vogel To Represent Elsebeth Baumgartner.

Could it be? Franklin County Legal Hero John Vogel will represent Elsebeth Baumgartner? Vogel was recently released from jail after refusing to follow a judge’s order that directly violated the 6th amendment of the Constitution. Vogel understands that you can’t be legitimately punished for refusing to follow an illegal order – so he struck by his principles. (Part Time Bay View Police Chief Helen Prosowski could take a few lessons from Vogel on the difference between legal and illegal orders. Many cops don’t know the difference – they follow blindly even while breaking the law themselves.)

…Even if it’s illegal, right Chief Prosowski?

PC News Herald Reports That Vogel May Represent Baumgartner

PC News Herald writer Dan Dearth uses “reverse reporting” tactic in article about Attorney Vogel:

In reference to jail time Vogel served because he chose to stick up for the US Constitution, Dearth writes: “Vogel was not disbarred for the incident.” (Then why report it, Dan?)

Bay View Police Chief: No Vehicle Until You Give Us A Statement.

Part Time Bay View Police Chief Helen Prosowski refuses to help this writer get his vehicle out of impound unless he makes a statement against “dangerous criminal” Dr. Elsebeth Baumgartner.

Toledo Blade Gets It All Wrong.

The Toledo Blade wins EV false reporting award by publishing this article that contains100% false information. The Blade reports that Baumgartner received a bond. (No she didn’t) and that she had a court hearing the next day (no she didn’t) and she was charged with a crime for eluding (at that time, no she hadn’t.)

Baumgartner Hearing Set For Wednesday .

Baumgartner Files Grievances Against Ottawa Detention Center.

Ottawa County Sheriff Bob Bratton struggles with his effeminate nature, as he can’t seem to get Elsebeth Baumgartner under control.

Don’t try to control her Bob, listen to her.

She can teach you about standing up for the right thing instead of cowering to dishonorable people who act out of self-interest instead of respecting the rights of others and following the law.

Even though a good rule to follow with public statements is “don’t comment on something you have no first hand knowledge of” Ottawa County Sheriff Bob Bratton talks about things he has no first hand knowledge of.

Ottawa County sheriff Bob Bratton is a...

Mind Reading Sheriff.

Ottawa County Sheriff Bob Bratton

The Most Important Question:

Was the warrant issued for Elsebeth Baumgartner a legitimate warrant issued upon oath or affirmation?

Survey Says: No.

The proof of which is that Ottawa County Probation Officer Jody Royster didn’t serve Baumgartner with his homework (a sworn affidavit due before issuing a warrant – not 8 days after she’s in custody) Of course it doesn’t matter – according to Baumgartner, the affidavit is replete with false information and the charges used to issue the warrant have already been dismissed as reported in the Sandusky Register in November of 2004.

Baumgartner Refused Bond.

Ohio Visiting Judge John Adkins says: “You may not be free until you admit that you violated your unconstitutional probation conditions!”

“Well, what did I do wrong?”

“We’ll tell you that after you admit violating probation!”

Raw Judicial Power And Arrogance.

Adkins gets into pissing match with law school valedictorian disbarred attorney Dr. Elsebeth Baumgartner.

Baumgartner Held On No Bond

Ohio Visiting Judge: Baumgartner Is A “Flight Risk”.

An Ohio Visiting Judge calls the nonviolent mother of two a “flight risk” – unless of course she admits to alleged probation violations she hasn’t been served with.

EX-BCS Superintendent Charles Burns Admits That Baumgartner Arrest Tape Shown At Party.

Charles Burns is quoted in the Port Clinton News Herald admitting that a videotape of Baumgartner’s September 2003 arrest was shown at his house during a party. "Let me tell you, I don't think it came from the sheriff's department," Burns says. "No one from the sheriff's department ever gave me anything."

Uh oh!

Doesn’t that mean that the tape must’ve come from Ottawa County Prosecutor Mark Mulligan’s office? Was attorney Burns doing “legal research” at the party or using the arrest tape as a means of amusement?

(Mulligan has since indicted this writer for “intimidating” Burns. That story can be found here.)

Don’t complain to me if you’re ever held in custody without charge for 8 days, and refused bond – unless you stick up for this law school valedictorian right here.

Where Is The Outrage?

Final Revocation Hearing Set For Baumgartner

Is Ottawa County Probation Officer Guilty Of Sham Legal Process?

We think so – but what are the chances of an Ottawa County official being held accountable for breaking the law? A snowball has a better chance in hell…

Fremont Doctor Barred From Visiting Baumgartner.

Ottawa County Sheriff Bob Bratton says, “I didn’t ban [the psychologist] – but you ain’t getting into the facility. You was harborin’ a fugitive!”

“Fugitive Harborer” EV Editor Bryan DuBois accompanied by Super Hero son “Buzz Lightyear”

No Ottawa Municipal Records For Baumgartner

Baumgartner has been unable to retrieve records from the Ottawa Municipal Courthouse. Her public records request necessary in order to defend herself "might" be filled on Tuesday.

Baumgartner’s “Final Probation Revocation” hearing is set for Wednesday May 30, 2005 at 1:00 pm at the Ottawa Municipal building.

Please attend to show your support, lest the judge think he can get away with abusing citizens because he thinks that the community does not support her.

Sumary of What Started it All.

2006-11-25T11:27:00.000-08:00

If You’ve Found This Site From A Plane In The Sky…
Sunday, May 29, 2005, 02:02 PM

Welcome To Erie Voices!

Many of you are probably wondering, “Who is Elsebeth Baumgartner?” You’ve probably seen her name in the newspaper and probably wondered why certain public officials in Erie and Ottawa County are so determined to shut this woman up. You’ve seen newspaper articles that make her sound “crazy” or “nuts” but since as a society we’re learning not to take the media’s spin on everything – many of you are probably wondering when we’ll hear her side of the story.

Baumgartner was an Attorney, Scientist and Pharmacist before she started butting heads with the legal system in Northwest Ohio. She is the CEO of Cleveland Genomics – A DNA Analysis Company based in Cleveland. She has a background in accounting, federal grants, intellectual property law, and biotech patent transfer.

The Baumgartner family in May 2005. Joe Baumgartner was on the Benton Carroll Salem School Board for 12 years and runs The Medicine Shoppe in Pemberville. Jackie just graduated from UT.

As we’re seeing with the Tom Noe case in Toledo, Ohio is a hub of financial corruption. Federal investigators have discovered that over $12 million is missing from the coiffeurs of Prominent Toledo Republican Tom Noe, and five Ohio Supreme Court Justices have had to recuse themselves from hearing a case that involves him. While Democrats attempt to blame the Republican leadership currently in power in Ohio, what’s really happening is that both parties have a stake in the government contract steering scheme currently in place. As former Governor Tim Hagan states in his lawsuit against the State of Ohio – it’s a “pay to play” system. This crooked ideology permeates the entire government spectrum in Ohio.

While Joe Baumgartner sat on the Benton Carroll Salem School District School Board, his wife investigated financial irregularities in the BCS school system that totaled in excess of $1.4 million. BCS officials eventually corrected the problems, but in the meantime the insiders circled the wagons around the Baumgartner’s to shut them up…

12 year school board veteran Joe Baumgartner said that the theft and misuse of tax money in the BCS school system was a result of a wasteful attitude brought about large amounts of tax revenue from Davis Besse.

Without in depth journalism and media coverage in the rural counties of Ohio, the Baumgartner’s story was easier to cover by lazy journalists whose job isn't to investigate allegations but rather relate the news as it happens. The Baumgartner story ended up being related to the public from the viewpoint of the people who wanted to silence their criticism. The insiders who were benefiting from loose financial dealings kept repeating this mantra until it was believed by the public: “Elsebeth Baumgartner is nuts!”

Many of you may have wondered about the story behind the story – so here it is:

The facts of this story can be found in the “Baumgartner Chronology.”

An interview of Baumgartner, which showcases her taxpayer advocacy, can be found here. Amazingly enough, the local government was able to ward off her criticism by claiming that it took "tax dollars" to deal with her - when in fact - her criticism could've saved us millions of dollars had they listened in the first place. An easy example would be the Erie County Prosecutor's Island Express debacle...

The Public Statement That Started It All.

Click on the above link to see Dr. Elsebeth Baumgartner’s statement before the Port Clinton City Council in January of 2002.

Baumgartner urged the City of Port Clinton not to enter into a public contract with Island Express Boat Lines – the company owned by public official Erie County Prosecutor Kevin Baxter. The company is now defunct but still owes the taxpayers in Erie County over $100,000.

Erie County Prosecutor Kevin Baxter

Baumgartner made that public statement after being contacted by two other people who were targeted by Kevin Baxter in order to silence their criticism of his office: Kevin’s brother Ejay, and Sanduskian Krista Harris.

Ejay Baxter

Ejay Baxter has been the target of legal abuse since the Baxter family went through a probate battle in the late 90’s. Kevin arranged to have Ejay prosecuted for 81 criminal charges after Ejay sent out letters asking to have his brother investigated for ORC violations of 2921.42 and federal law 18 USC 666. Ejay accused Kevin of using his office to gain things of value for himself. (Specifically a federal grant detailed here) Through collusion with Ohio Visiting Judges Kevin had gotten to know throughout his 16 years as prosecutor in Erie County, Kevin was able to intimidate and eventually run Ejay out of the State of Ohio.

Ejay moved to Florida to get away from his brother, but under the cover of the Sandusky Register’s media blackout, Ejay continues to be harassed by Kevin and “special prosecutors” supposedly assigned to Ejay’s case.

In July of 2004, Erie County officials were unsuccessful with an arrest attempt on Ejay at his home in West Palm Beach Florida. The Sandusky Register was not interested in the story even though there was plenty of evidence showing Interstate wire fraud involving the Erie County Sheriff’s office.

A “special prosecutor” recently asked for a national “bench warrant” to arrest Ejay in Florida on alleged nonviolent misdemeanor probation violations. On the telephone Cuyahoga County special prosecutor James Gutierrez called Ejay “nefarious” and said that “if Ejay has any guts tell him to come up here and fight these charges.”

Krista Harris: The “Black Monica Lewinski”

According to sworn affidavits, Krista Harris met the Erie County Prosecutor in 1994 when she served as a witness in the murder trial of Vivian Johnson. Johnson was murdered in a drive by shooting on Parrish Street in Sandusky. According to Harris’s sworn affidavits Kevin Baxter encouraged her to perjure herself in order that Baxter could obtain murder convictions on the three black males who were on the scene at the murder. According to Harris, while the murder trial was ongoing, Erie County Prosecutor Kevin Baxter invited Krista Harris to his residence at 1630 Willow Drive on the Cedar Point Chausee.

While at Baxter’s residence Krista alleges that they drank wine while “going over her testimony.” She claims that one thing led to another and they ended up having sex. Harris claims that after a time, Baxter needed her testimony to secure another conviction on one of the suspects involved in the murder. Harris refused to perjure herself again, which resulted in the release of the admitted shooter Shawn Caston.

Caston left prison while his accomplices remained incarcerated.

According to Harris’s attorney, this likely embarrassed the prosecutor.

Harris cut Baxter off sexually after the statute of limitations ran on the perjury charges Baxter threatened her with in order to keep her in line, but while speaking with Harris’s family Baxter learned of a domestic dispute between Krista and her Aunt Mary Belle Taylor. Sandusky Police Detective Mark Voltz “investigated” Harris for “theft,” and Baxter arranged to have a special prosecutor assigned to the civil matter in order to criminally prosecute Harris. Harris ended up being railroaded on sham theft charges. She is currently in the Trumbull County Correctional Facility.

From that facility Harris filed a federal civil rights action against Erie County officials, but it was dismissed without any inquiry into the alleged activity.

Baumgartner’s Role

Baumgartner entered the picture after Krista Harris and Ejay Baxter told her about Kevin Baxter’s abuse of office.

Like a good upstanding citizen, Baumgartner used her law degree to blow the whistle at the Port Clinton City Council meeting on January 2, 2002.

Four days later she was charged with a crime.

Stunned by the outrageousness of charging an attorney at law with a crime for speaking to a public body as an attorney at law while representing her clients, Baumgartner took her concerns to Washington DC in order to get a federal probe of Erie and Ottawa County courts.

Federal officials told Baumgartner that their concern was “homeland security” because the September 11th tragedy had occurred a mere 5 months before.

Read the rest of the story here…

EV Editor Bryan DuBois Summarizes Civil Rights Abuses in Baumgartner Case

2006-11-25T11:25:00.000-08:00

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.

PC News Herald-Protecting Sex Abusers while Targeting Whistleblowers?

2006-11-25T11:22:00.000-08:00

Port Clinton News Herald Sympathetic To Sexual Abusers?
Tuesday, May 31, 2005, 03:38 PM
Port Clinton News Herald Sympathetic To The Plight Of Sexual Abusers?

Never thought I’d see the day.

A newspaper is endorsing the right of those convicted of sex crimes to “get on with their lives once they’ve paid their penalty.” Of course this is a necessary aspect of the criminal justice system – bringing closure to criminal matters when jail time or probation has already been served.

How ironic that the newspaper is advocating on behalf of those who are convicted of sexually abusing children – but they won’t advocate closure on behalf of an attorney who defends the victims of those crimes.

The Port Clinton News Herald has the audacity to characterize this writer’s articles as “venomous” and “personal” while they turn a blind eye to the unfairness in the court system to which they seem so friendly.

Sex-offender notice demands public fairness
The effort to make sex offender information more available to the general public is a good step, but carries with it responsibility on the part of the general public.

Nationwide, there simply have been too many cases of repeat offenders, making it crucial that parents and potential victims be aware of possible dangerous individuals in their neighborhoods.

But this brings with it a need for appropriate behavior by the public in general. Individuals convicted of crimes have a right to try to get on with their lives once they have paid their penalty. Their neighbors shouldn't become vigilantes, exacting extended punishment.

Earlier this month, the Community Notification Program, an Internet-based alert system that notifies residents whenever a registered sex-offender moves within a mile of their residence, went into effect in every county in Ohio.

The system tells residents how many offenders live in their neighborhood and provides a map to show exactly where they live. Along with the offender's name, a photo and the charge are also listed. When a sex offender moves into the area, the system will automatically notify nearby residents through an e-mail.

This is a good thing. The public has a right to know of such possible dangers.

But this is potentially valuable information that should be used properly.

It carries with it an element of responsibility on the part of the general public.

Catch 22

2006-11-25T11:20:00.000-08:00

Catch 22 Applies If The Government Is At Risk
Tuesday, May 31, 2005, 09:40 PM
Only In Ohio
Catch 22 Applies If The Government Is At Risk
The Lengths Government Will Go To Silence Real Criticism

Imagine if agents of the criminal justice system were allowed to break any rules they wanted – at will – in order to conceal their own misconduct.

Imagine if Constitutional rights were selectively ignored in order to prevent certain people from defending themselves.

Imagine if you were the target of probation conditions that disallowed you the opportunity to defend yourself – and the mere accusation of misconduct would get you thrown into prison.

Imagine if the judge who presides over your case makes comments in open court that demonstrate his ill will toward you – and also acts as a witness against you.

Imagine that your story were so confusing that the watchdogs of government couldn’t tell your story without getting the facts straight and those same people were unable to critically think about the government's reactions toward you.

Imagine if concepts like “probable cause,” and “due process,” were absolutely ignored or created after the fact in order to justify arresting you? What if the concept of “ex post facto” law enforcement were used against you in order to silence your criticism of what they were doing to you? What if every single dirty trick in the book, legal and illegal alike were used against you in order to hold you in jail?

Sound like a nightmare?

All of these conditions are happening to Dr. Elsebeth Baumgartner at this very moment.

Motion To Dismiss Filed In Sandusky Municipal Court

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Baumgartner files motion to dismiss in Sandusky Municipal.
Tuesday, May 31, 2005, 05:09 PM
Coming Later Tonight…

Baumgartner files motion to dismiss in Sandusky Municipal.

Has Ottawa County officials been caught with their pants down?

Stay tuned…

Baumgartner case Clarity June 1, 2005

2006-11-25T11:18:00.000-08:00

Baumgartner Case Clarity
Wednesday, June 1, 2005, 06:43 AM
Baumgartner Case Clarity

JY writes:

Bryan,
Correct me if I’m wrong: This probation officer gets a bench warrant for Baumgartner for being charged with crimes that have already been dropped. Then he leaves a phony bench warrant in place after preventing her from filing any documents with the court to show them that the charges were in fact dropped. Then once they finally arrest her on the bullshit warrant, the probation officer cites the fact that she runs away from them as the reason to incarcerate her.

Ottawa County is one f##### up place.

Yep. That’s precisely what I’m saying.

Ottawa County Probation Officer Jody Royster knew the charges in Sandusky Municipal Court were dropped in November of 2004. He prevented Baumgartner’s motion to quash from being filed, and the judge ordered that the motion be kept with the Sheriff. (So that means the Sheriff knew about the irregular procedures. The Sheriff also admitted that the warrant was suspect.)

Instead of issuing court summons – Jody Royster immediately revokes Baumgartner’s probation without a hearing. He asks for a bench warrant and the judge gives it to him. Then later, when the fact that the bench warrant was illegal because there was no oath or affirmation charging Baumgartner with an alleged crime – the Judge explains that he is the complaining witness therefore – there doesn’t need to be an affidavit accompanying the bench warrant.

What they’re doing is making the rules up as they go along. If they’re exposed, they change the rules midstream in order to cover their tracks. They’re basically abusing Baumgartner so much – throwing her in jail all the time – until she resists by trying to get away from her abusers – then they cite that as the reason to jail her.

Baumgartner’s final revocation hearing is set today for 1:00 pm at the Ottawa Municipal Courthouse. Although I’m not sure how they can call it a “revocation hearing” because she’s in jail without bond right now. (That means her probation has already been revoked on charges that have already been dropped.)

Baumgartner Final Probation Revocation hearing June 1, 2005

2006-11-25T11:16:00.000-08:00

Baumgartner Final Revocation Hearing Today
Wednesday, June 1, 2005, 10:01 AM
Baumgartner Final Revocation Hearing Today
Will The Judge Bring Closure To The “Baumgartner Matter”?

Dr. Elsebeth Baumgartner faces her final probation revocation hearing today at 1:00 pm at the Ottawa Municipal Courthouse. Many people are confused as to why this woman has been so targeted by the Ohio government. After all, the most terrible “crime” she’s ever been accused of is “falsification” – and that conviction directly related to her criticism of a government agent’s business activities while he held public office.

Will the Ohio Visiting Judge assigned to her case bring the matter to a close, or will he continue to use his legal authority to harass Baumgartner over alleged probation violations that do not even violate Ohio law?

Baumgartner’s legal mess revolved around a conviction on a nonviolent misdemeanor from 2002. She has been unable to earn a living, or return to her home in Ottawa County or live in peace with her family without the impending threat of arrest and incarceration.

To quote the Port Clinton News Herald: “Individuals convicted of crimes have a right to try to get on with their lives once they have paid their penalty.”

We think that if Baumgartner did in fact violate an Ohio law when she stood up and addressed the Port Clinton City Council in 2002, 238 days in felony confinement is enough to teach her to keep her mouth shut and not criticize the government.

We hope that the judge realizes that as a faithful steward of Ohio tax dollars that a continuation of this matter is an absolute waste of tax dollars better spent educating government officials on the Constitution.

Baumgartner Placed Back On Probation..

2006-11-25T11:14:00.000-08:00

EV Analysis
EV Is Leaving The Reporting To The SR…
That Cervenka Seems To Be Doing A Nice Job

Baumgartner back on probation
By SUSANNE CERVENKA
susannecervenka@sanduskyregister.com
PORT CLINTON - Former Oak Harbor attorney Elsebeth Baumgartner is back on probation in Ottawa County after admitting Wednesday that she violated one condition of her previous probation.

Baumgartner admitted she did not tell her probation officer of her current address and phone number and she left Ohio without permission.

Ottawa County throws people in maximum felony confinement and holds them without bond for 12 days for alleged probation violations on an underlying nonviolent misdemeanor conviction related to criticizing the government.

Ottawa County Prosecutor Mark Mulligan wants you to let that sink in a bit.

"Mrs. Baumgartner simply realizes the battles she wants to fight are better fought in the political arena than the judicial arena," Baumgartner's attorney John Vogel said of her decision to admit guilt to the one violation. Baumgartner will likely be more involved with political and issue activist groups, he said.

According to an affidavit from Ottawa County Municipal Court Probation Officer Jody Royster, Baumgartner had other alleged violations, including charges in Sandusky Municipal Court in January 2004 -- which have since been dropped -- and again in May. However, she needed to admit to only one to return to probation, Special Prosecutor Tim Braun said.

Visiting Judge John Adkins of Circleville set the same probation terms as Baumgartner had prior to the probation violation.

Read the rest of this article here.

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Baumgartner Released From Erie County Jail
Wednesday, June 1, 2005, 11:30 PM
Breaking News:
Baumgartner Released From Erie County Jail

Stanley Kael Reporting:

“Folks, we’ve just received word from the Erie County Sheriff’s Department that the highly dangerous, Christian evil genius Elsebeth Baumgartner has been released from the Erie County Jail. Corrupt politicians, especially those who have questionable histories with federal grants, are asked to maintain high alert to the whereabouts and activities of this woman.

Sources say that Baumgartner was spotted at Sandusky Police Department hang out “Cabana Jack’s” around 10:00 pm with Shawn Baxter – brother of Erie County Prosecutor Kevin Baxter.

Only God knows what these two are planning, but sources are speculating that it ain’t gonna be pretty. More on this as it develops…

Stanley Kael reporting for EVTV…”

Christian Evil Genius Elsebeth Baumgartner & Shawn Baxter June 1, 2005

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Baumgartner Restored To Probation
Wednesday, June 1, 2005, 04:54 PM
Baumgartner Restored To Probation
Released To Erie County On Detainer

She’s being transported to Erie County Jail right now…(4:52 pm)

“I was hoping to have a final meal in this fine Ottawa County Facility but I guess not…”

-- Elsebeth Baumgartner Pharm D.,J.D. Mother of Two, Christian Activist, Government Critic, part time “evil genius” upon being released from maximum felony confinement for alleged nonviolent misdemeanor probation violations.

Developing…

Was Baumgartner retaliated Against For Reporting Pay to Play in 2001 to the Justice Department?

2006-11-25T11:10:00.000-08:00

EV Critical Thought Of The Day
Thursday, June 2, 2005, 12:38 PM
EV Critical Thought Of The Day

EV Letter To Editor:

Does any one "Else" find it ironic that the biggest whistleblower of all time has come out of the closet - hiding for fear of retribution and ridicule - due to his efforts to expose corrupt government officials at the highest seat, at the same time that Else, our own whistleblower who has attacked our highest seat of government (Ohio) in our little world is being persecuted?

At the same time that the Noe case is on the front page of the New York Times…

The timing is interesting: Isn’t it wonderful that the topic of the day across the country is - was deep throat a hero or villain?

The answer for 75% of us in the poll is hero.

The other 25% are sitting on our court benches in Ohio or working in the prosecutor's office.

And now, on the day that a Kevin Baxter handpicked Assistant Cuyahoga County "special prosecutor" will seek an indictment on the EV Editor on trumped up charges because of this website, we have yet another example of the criminal justice system being used to suppress the truth instead of finding it.

Standing by for the results from the Grand Jury...

Baumgartner Out of Jail Only to be Arrested by Helen Prosowski on Suspect Charges

2006-11-25T11:07:00.000-08:00

PC News Herald Kristina Smith Staying Faithful To Ottawa County Power Structure?
Thursday, June 2, 2005, 02:08 PM
PC News Herald Kristina Smith Staying Faithful To Ottawa County Power Structure?

Baumgartner out of jail

By KRISTINA SMITH
Staff writer
PORT CLINTON -- Elsebeth Baumgartner admitted Wednesday in Ottawa County Municipal Court to violating her probation.

As opposed to: “After spending 12 days in maximum felony confinement, on alleged nonviolent probation violations – none of which violated Ohio law – and being held on no bond after an Ohio Visiting Judge declared Baumgartner a “flight risk” unless she pled to unspecified charges that weren’t served until 7 days after she was held in solitary confinement – Baumgartner was released from prison after admitting to leaving the state of Ohio without giving notice to her probation officer.”

But Kristina’s Editor won’t let her write that…

A writer’s judgment, values, and principles controls how he relates information to the public. For this reason, the press is more powerful than the state. Had the Toledo Blade not broken the Noe story, the Ohio and Federal officials would not have reacted to the situation.

Controlling information is the key to guiding public opinion – and public opinion drives politics – and so it’s always better to understand the writer’s values before you gobble up the text they present to you. A writer who spouts facts without being driven by principles is like a ship in the ocean with no sail.

Kristina Smith seems to be one to take the viewpoint of government officials at face value – instead of critically thinking about all the facts of the situation. For this reason, the press's original role of watchdog is worthless when gauged by this standard if their M.O. is to mindlessly repeat what government agents tell them.

She was then transported to Erie County jail where she was released on bond on charges of eluding police.

Visiting Judge John Adkins put Baumgartner, a disbarred, former Oak Harbor lawyer, back on probation for the remaining 118 days of her term.

Then she was sent from the Ottawa County Detention Facility, where she was being held without bond since her May 20 arrest on the probation violation to the Erie County Jail.

Baumgartner was released at 7:52 p.m. Wednesday from that jail after posting a portion of her $14,800 bond, an Erie County deputy said this morning.

She faces two counts of failure to comply with a police officer, a third-degree felony and a first-degree misdemeanor, and one count of resisting arrest, a second-degree misdemeanor. A hearing was scheduled for 9 a.m. today in Sandusky Municipal Court.

She is charged with leading authorities on a car chase May 20 through parts of Erie and Huron counties after Bay View police attempted to arrest her at a village restaurant on a warrant from Ottawa County Municipal Court for violating her probation.

The complete forensic breakdown of that arrest and the reason Baumgartner drove to Huron County – supported with documentation and Ohio law is coming soon on Erie Voices…

It involves the de-pantsing of Part Time Bay View Police Chief Helen Prosowski.

Stay tuned…

Case is Still Pending ...

2006-11-25T11:04:00.000-08:00

SR Gets Story Absolutely Correct
Friday, June 3, 2005, 08:36 AM
Winds Of Change?
SR Gets Story Absolutely Correct

Baumgartner pleads not guilty
By KEVIN PURDY
kevinpurdy@sanduskyregister.com

SANDUSKY - Former Oak Harbor attorney Elsebeth Baumgartner pleaded not guilty to two misdemeanor charges and a traffic citation in Sandusky Municipal Court Thursday, while a hearing on a felony charge will take place June 9, stemming from a May 20 chase.

At the Thursday morning hearing, Baumgartner, who appeared without her attorney, John Vogel, argued the charges brought against her by Bay View police should be dismissed.

Baumgartner is charged with failure to comply with an officer, a third-degree felony; disobeying an officer, a first-degree misdemeanor; and resisting arrest, a second-degree misdemeanor. She also was cited for failure to stop at a stop sign.

Bay View police tried to serve an Ottawa County warrant for an alleged probation violation on Baumgartner the night of May 20, after they had received a tip that she was eating at a restaurant in Bay View, according to the Ottawa County Sheriff's office.

Baumgartner drove away from officers in an acquaintance's vehicle and led police agencies on a two-county chase from Ohio 2 onto Ohio 4, according to the Sheriff's office. She was eventually stopped on Ohio 4 north of U.S. 20, after stop sticks were deployed by troopers with the Ohio State Highway Patrol's Norwalk post.

She was taken to the Bay View police station and then transferred to the Ottawa County Detention Facility, where she was held without bond until a hearing Wednesday.

Baumgartner told Judge Erich J. O'Brien on Thursday that she wasn't served with Bay View police's charges until Wednesday, when she was transferred to Erie County Jail and then released on bond.

She also said she should have been entitled to a hearing before being transferred from Huron County to non-adjoining Ottawa County. At the hearing, she said, she could have proven that the county's warrant was invalid because it was not supported by an affidavit or other evidence.

Baumgartner admitted Wednesday in Ottawa County Municipal Court that she had not told her probation officer of her current address and left Ohio without permission.

We should note here that no charges were included in affidavit form until after she was arrested. (Charging her with an alleged violation after the fact. Authorities arrested her on a bench warrant unsupported by oath or affirmation – and then compiled a list of alleged violations after she was incarcerated on no bond for 5 days.)

She was returned to her probation, which had stemmed from a misdemeanor falsification charge.

Baumgartner has served over 235 days in maximum felony confinement in this entire mess – and it all resulted from criticism of public officials – namely Erie County Prosecutor Kevin Baxter and his unholy activities with a private business called “Island Express Ltd.”

Baumgartner said Thursday she is appealing all of the orders resulting from that hearing, and also asked O'Brien to rule on whether the acquaintance's vehicle can be released from impoundment. O'Brien said he would rule on the motion by noon today.

The vehicle belongs to Sandusky resident Bryan DuBois who was hired by the Baumgartner’s to write about Elsebeth’s legal problems and harassment. You can see the entire chronology of her story here.

After the hearing, Baumgartner said she intends to "mount a vigorous defense" to her charges, and in doing so will prove that public officials in a number of counties colluded to harass her.

"This has been a horrific abuse of office, and a waste of taxpayer dollars, by a number of public officials," she said.

Helen Prosowski.Extorts the Press in June 2005

2006-11-25T10:54:00.000-08:00

In June 2005, Sandusky Police Detective and Part Time Bay View Police Chief Helen Prosowski did her best to assist Erie County Prosecutor Kevin Baxter with his vendetta against Erie Voices and its principals Bryan DuBois and Elsebeth Baumgartner. Over a year later, Helen Prosowski continues to generate controversy with her protection of her fellow officer James Fitzpatrick's abuse of office to obtain sex while on duty from a 15 year old girl. Prosowski is currently a defendant in a million dollar federal civil rights law suit filed by the girl against Sandusky Police. How long before Bay View Police find themselves as defendants in a federal civilo rights law suit due the malicious prosecution of Elsebeth Baumgartner?

Is Bay View Police Chief Extorting EV Editor By Holding Vehicle?
Friday, June 3, 2005, 09:40 AM
Is Bay View Police Chief Extorting EV Editor By Holding Vehicle?

“I’m still finishing up my investigation” Chief Prosowski says.

“If you give me a statement against Mrs. Baumgartner, we’ll see what we can do about your car…you didn’t give her permission to take the vehicle did you?”

Judicial decision to release vehicle expected at 12:00 pm today.

Baumgartner Indicted For Grand Theft Auto of Company Vehicle while Editor No Billed

2006-11-25T10:41:00.000-08:00

Baumgartner Indicted For Grand Theft Auto
Friday, June 3, 2005, 09:55 PM
Baumgartner Indicted For Grand Theft Auto
Grand Jury Indicts Baumgartner For Grand Theft Auto Without Complaining Witness

According to Erie County Sheriff’s Department Captain Paul Sigsworth, Dr. Elsebeth Baumgartner has been indicted on one felony count of “Grant Theft Auto." Sigsworth described her as "arrestable" but the Cuyahoga County "special prosecutor" claims that he didn't think that Erie County officials would attempt to execute the warrant.

Three other charges were pending in Sandusky Municipal Court as of Thursday, when Baumgartner entered not guilty pleas to the misdemeanor charges and was granted a continuance in order to have legal counsel enter a not guilty plea for a felony fleeing charge.

After being denied bond and held in maximum felony confinement for 12 days on alleged probation violations, Dr. Elsebeth Baumgartner was restored to her original facially unconstitutional probation terms. An outspoken critic of manipulated special prosecutor and visiting judge appointments, Baumgartner was just indicted on “Grand Theft Auto” charges after Erie County Prosecutor Kevin Baxter arranged for a hand picked special prosecutor to present evidence to the Erie County Grand Jury that Baumgartner “stole” this writer’s vehicle from him. A federal grant expert, Baumgartner was prosecuted on “falsification” charges in 2002 for speaking out against Kevin Baxter’s involvement with Island Express boat lines and that company’s obtainment of public contracts. Records show that Kevin Baxter owned 31% of Island Express stock.

The indictment follows an incident of May 20, 2005 at Terry’s Tavern in Bay View where Baumgartner drove away from Bay View Police officers and into Huron County because of what Baumgartner asserts to be “legal abuse” by Ottawa County officials.

During Thursday's arraignment Baumgartner asserted that the Ottawa County Sheriff knew the warrant was no good, but served it anyway because of political pressure.

Baumgartner filed a motion to dismiss the charges before Sandusky Municipal Judge Erich O’Brien, but before the judge could rule on the motion and an oral motion made to release the vehicle to its owner, Erie County Prosecutor Kevin Baxter arranged for a “special prosecutor” from Cuyahoga County to present the state’s evidence to an Erie County Grand Jury. The presently appointed Erie County special prosecutor deferred all questions to the Cuyahoga County Prosecutor's media representative.

Developing…

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Editor’s Case Is “No Billed”
Friday, June 3, 2005, 02:26 PM
Editor’s Case Is “No Billed”
Huge Political Blow For Erie County Prosecutor?

Erie County Prosecutor Kevin Baxter handpicked special prosecutor Daniel Kasaris has confirmed that the case presented to the Erie County Grand Jury on a domestic violence charge that was dismissed after Sandusky Prosecutor’s failed to move the case past a probable cause hearing has been “no billed” by the Erie County Grand Jury.

Bryan, you should be insulted. A Marine who’s less harmful than a ham sandwich.

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Erie County Special Prosecutor Defers Questions To Cuyahoga County Media Representative
Friday, June 3, 2005, 01:27 PM
Erie County Special Prosecutor Defers Questions To Cuyahoga County Media Representative

Phone calls seeking information on the indictment of Dr. Elsebeth Baumgartner in Erie County Ohio, by Erie County handpicked special prosecutor Daniel Kasaris were deferred to the Cuyahoga County Prosecutor Media Representative Jamie Dalton.

Dalton was not available for comment on a matter occurring in Erie County.

Ohio Prosecutors..Still Pissing on Mom

2006-11-25T10:37:00.000-08:00

Let’s Burn The Constitution And Piss On The Ashes
Tuesday, June 7, 2005, 02:12 AM
Let’s Burn The Constitution And Piss On The Ashes
PC News Herald Article From September 20, 2002:

For a complete chronology of Dr. Elsebeth Baumgartner’s case click here.

Baumgartner has absolute proof that the law firm of Baumgartner and O’Toole has defrauded the taxpayers of BCS through improper, unapproved legal contracts and fraudulent billings. Baumgartner and O’Toole was also involved with Erie County Prosecutor Kevin Baxter’s private business obtaining a federal grant through the Vermilion Port Authority. B&O was also involved with the Erie Metroparks’ legal counsel while they battled CPPR over the “Huron River Greenway” project.

Onto the highlighted portions of the article:

Why would the Sheriff “hope to arrest Baumgartner on a traffic stop?”

Answer: Because Emahiser did not have an arrest warrant. Emahiser only had a bench warrant.

A bench warrant does not give a police officer the authority to seek someone out on alleged misdemeanors. A bench warrant only gives an officer authority to arrest if the suspect is already stopped for some other law violation in front of the officer (like a traffic stop – an officer must witness the violation in order to question the suspect). Nevertheless, Emahiser arrests Baumgartner in her home with a bench warrant unsupported by oath or affirmation.

What people don’t know is that this September 20th arrest occurred right before Baumgartner’s bar complaint hearing. She writes a letter on September 4, 2004 but the Sheriff waits until the week before Baumgartner’s bar complaint hearing before he personally arrests her and incarcerates her in maximum felony confinement in the Ottawa County Detention Facility. She never gets a hearing on the alleged probation violation – but then the visiting municipal judge releases her on a “furlough” after interfering with her ability to issue subpoenas in order to defend herself at the bar complaint hearing.

So what did Baumgartner get arrested for on September 20, 2002?

We still don’t know. After this latest arrest, the same visiting municipal judge held Baumgartner without bond unless she admitted to unspecified charges. She refused to admit to charges without notice – so Adkins left her in jail for 12 days.

A few weeks ago, Ex Benton Carroll Salem Schools Superintendent Charles Burns, the same guy who just had this writer indicted for “intimidation” admitted that the videotape of the September 20th arrest was shown at his home during a party! Burns claims that he didn’t get the videotape from the Sheriff, which leaves only one alternative source: Ottawa County Prosecutor Mark Mulligan.

And Mulligan has the audacity to suggest that Baumgartner is “imagining” this abuse.

PC News Herald October 2, 2002:

“In the real world, Elsebeth does not have to fear for her safety,” says Ottawa County Prosecutor Mark Mulligan.

Now Baumgartner has been indicted for “Grand Theft Auto” for “stealing” her own company vehicle.

Can this legal abuse get any worse? When will our newly elected Erie County judges Roger Binette and Tygh Tone end this madness? Have they ordered another arrest warrant for Baumgartner or will they issue court summons and schedule an arraignment?

Tales of An Economic Hitman

2006-11-25T10:35:00.001-08:00

Erie County Special Prosecutor: Does Elsebeth Have Access To Cash?
Tuesday, June 7, 2005, 10:27 AM
Erie County Special Prosecutor: Does Elsebeth Have Access To Cash?

According to sources close to the Erie County Grand Jury, Erie County special prosecutor Daniel Kasaris inquired about whether or not Dr. Elsebeth Baumgartner had “access to cash.”

EV has been learned that Kasaris, a special prosecutor assigned to the case by Erie County Prosecutor Kevin Baxter wanted to obtain a $100,000 cash only bond in order to hold Baumgartner in jail indefinitely. Kasaris refused to comment on the case and deferred all questions to a Cuyahoga County Media Representative. The Cuyahoga Media Representative did not return phone calls made to her office.

Records show that Baumgartner has never failed to appear in court – yet the special prosecutor insisted on issuing a warrant for her arrest as opposed to issuing court summons which would allow peaceful interaction between citizens and the court system. As of Tuesday morning, Baumgartner's indictment on “Grand Theft Auto” charges has not been made public.

Kasaris explained to other court personnel that law enforcement’s intentions were to obtain the indictment last Thursday before she could post bond from Sandusky Municipal Court. Kasaris said he wanted to obtain the indictment before she was released in order to keep Baumgartner in the Erie County Jail until a hearing could be scheduled.

Baumgartner was arrested on May 20, 2005 for alleged probation violations. (See this post for summary of those events) Baumgartner was held for 12 days in the Ottawa County Detention Facility without bond, and then restored to probation under unusual probation conditions that included that she not be allowed to report criminal wrongdoing of private citizens.

Baumgartner’s legal problems started in 2002 after she was charged with a crime for addressing the Port Clinton City Council meeting on January 2, 2002 about Erie County Prosecutor Kevin Baxter.

In 2002, Kevin Baxter's company Island Express Boat sought a public contract with the City of Port Clinton. Baumgartner has asserted that a company owned by a public official would not be allowed to hold a public contract if that public official owned more than 5% of the company as spelled out in ORC 2921.42. Records show that Erie County Prosecutor Kevin Baxter owned 30% of Island Express. Baumgartner has also asserted that Island Express illegally obtained federal grant funding while a public official owned 30% of the company.

Records show that Joe Fratoe, a personal friend and business associate of Kevin Baxter pressed a criminal charge against Baumgartner after she questioned the business arrangement at the public meeting in her capacity as an attorney at law.

Baumgartner is a federal grants expert with experience in biotech technology patent transfer. According to Baumgartner, she dabbled in criminal law after being approached by a young African American woman who alleged that she was coerced into sex by Erie County Prosecutor Kevin Baxter during a criminal proceeding in which she was to act as a witness.

Baumgartner has now served over 243 days in maximum felony confinement on nonviolent misdemeanors, which directly stemmed from her reporting alleged crimes involving Erie County Prosecutor Kevin Baxter.

The Erie County Prosecutor has also attempted to use his office to retaliate against this writer. After receiving dismissed charges related to a domestic violence charge from the Sandusky Municipal Court, Erie County Prosecutor Kevin Baxter arranged to have the same dismissed case presented to a Grand Jury in hopes to obtain a felony indictment.

The Grand Jury refused to indict this writer.

White Males Walk while Abused Women Suffer?

2006-11-25T10:30:00.000-08:00

Legal Hit Job On EV Editor Fails
Wednesday, June 8, 2005, 08:12 AM
Legal Hit Job On EV Editor Fails; Erie County Prosecutor Should’ve Learned When Charges Were Dismissed At Municipal Level

Man cleared of felony charges by grand jury
An Erie County grand jury returned no bills of indictment last week against a Sandusky man charged by Sandusky police in January following a domestic dispute, according to documents released by the Erie County Prosecutor's office Tuesday.

Bryan DuBois, of Ging Street, was charged with disrupting public service, a fourth-degree felony, and a misdemeanor count of domestic violence. The charges stemmed from a woman's report that DuBois tackled her and tried to prevent her from calling 911, according to Sandusky police.

Cuyahoga County Assistant Prosecutor Dan Kasaris was assigned to present DuBois' case to the grand jury, according to Erie County Common Pleas Court records.

The Erie County Prosecutor will never learn. He will continue to use his office to selectively prosecute his critics in order to cover the fact that he’s the one breaks the law.

Funny that I go from model citizen to “criminal” when I start writing about the Erie and Ottawa County Prosecutors.

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Abused Ham Sandwich Indicted For Grand Theft Auto Of Her Own Company Vehicle; Another Arrest Warrant Issued
Tuesday, June 7, 2005, 10:05 PM
Abused Ham Sandwich Indicted For Grand Theft Auto Of Her Own Company Vehicle; Another Arrest Warrant Issued

Baumgartner indicted in chase case

By KRISTINA SMITH
Staff writer
SANDUSKY -- Elsebeth Baumgartner has been charged with stealing the car authorities said she used to elude officers during a chase May 20 through two counties.
She’s been charged with stealing her own company vehicle in order to drive to Huron County to get a Crim 4.1 hearing. Baumgartner explains in very simple terms that she did so in order to be treated fairly by a County court system (Huron County). Turns out this “crazy lady” ended up being right: She was held in Ottawa County for 12 days without bond.
See this post for complete coverage of her arrest.
‘Course she was also right about why we shouldn’t have done business with Erie County Prosecutor Kevin Baxter’s private ferry boat company. They obtained a half million dollar federal grant and promptly went belly up.

According to Baumgartner, the arresting Ohio State Highway Patrol Officer told her that he was not transporting her to Huron County jail – which would be normal procedure because that’s where she was arrested – but that she was being transferred to Erie County because that’s where she “eluded” police. OSHP stressed that the Bay View Police would be the charging authority since OSHP didn’t witness Baumgartner committing any crimes. Sgt Tony Meyer transported Baumgartner from Huron County back to Bay View after Bay View police represented to OSHP that Baumgartner would charged with “felony eluding” that night.
Upon delivery to the Bay View Police Station, Baumgartner was not charged, and Bay View Police Chief Helen Prosowski allowed Ottawa County officials to pick her up in Bay View in order to jail her in Ottawa County. By lying to OSHP and withholding the felony charge that night (Baumgartner was never served with the felony charge even though it was allegedly sworn to on May 20, 2005) Prosowski bypassed Baumgartner’s Crim 4.1 Probable cause hearing. Had Baumgartner been granted that hearing mandated by law – she would’ve exposed the fact that the underlying bench warrant used to arrest her was bogus. All of this is laid out in Baumgartner’s motion to dismiss submitted to Sandusky Municipal Court – but that court was suddenly divested because Erie County Prosecutor Kevin Baxter quickly arranged to have Baumgartner indicted at the County level even though she had already been charged at the Municipal level. (Which is perfectly legal of course – but as we said – the prosecutor’s have unusual interest because this is a political prosecution. All of this is contrary to good government and the proper use of the criminal justice system.)
An Erie County grand jury returned an indictment Monday against Baumgartner, charging her with 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, said Dan Kasaris, assistant Cuyahoga County Prosecutor and special prosecutor for the case.
Kasaris said the court issued a warrant for her arrest.
As opposed to issuing court summons.
Why would Erie County officials waste more tax resources by issuing a warrant? Because Erie County officials don’t give a damn about your tax dollars, that’s why. They want to harass this woman and hurt this woman, and destroy this woman over her outspokenness on how Erie County Prosecutor Kevin Baxter is abusing our tax dollars. This man’s company still owes us over $100,000 in back taxes – but he doesn’t think twice about vindictively prosecuting people who remind the taxpayers of that fact.
If convicted, she faces up to six years and six months in prison, Kasaris said.
Baumgartner is charged with taking Sandusky resident Bryan DuBois' 2005 Kia Sportage May 20 at Terry's Tavern in Bay View, where she and DuBois were having dinner.
She’s charged with taking a car from a writer who was hired to write her book about how she’s been abused by the legal system for blowing the whistle on the Erie County Prosecutor.
Ironic isn’t it?
She was waiting in the car while DuBois, who is one of her supporters, was in the restroom, DuBois said last month. She drove away when Bay View Police Chief Helen Prosowski tried to arrest her on a warrant from Ottawa County Municipal Court for a probation violation, Ottawa County Sheriff Bob Bratton said last month.
Bay View police, the Sandusky post of the Ohio State Highway Patrol and an Erie County Sheriff's deputy followed her from the tavern through Erie County and into Huron County. They used stop sticks, devices that puncture tires, to end the chase near Norwalk.
No word when plain clothes Bay View Police Captain Jim Lochotski and his privately owned vehicle fell out of the chase. According to Prosowski, Jim’s car doesn’t run very well and she laughed at my assertion that he tore out of the parking lot after Baumgartner. (In other words, she's now admitting that a privately owned vehicle was used to chase Baumgartner even though she inititally denied that claim in the Port Clinton News Herald.) I wonder what else Chief Prosowski is lying about.
According to Baumgartner, while she sat in custody, Captain Jim went through Baumgartner’s purse to retrieve her driver’s license. When Baumgartner questioned him about it, Jim claimed that it was okay because “we don’t steal things around here.” Baumgartner retorted: “Your last police chief was just fired for something like that if I’m not mistaken.”
Baumgartner admitted last week in Ottawa County Municipal Court to violating her probation from a 2003 falsification conviction. She left Ohio without permission and failed to notify her probation officer of her new address and phone number.
Wow. Let’s chase her across country for this wildly dangerous crime.
Let’s not forget that the underlying “crime” that began her probation was criticizing Erie County Prosecutor Kevin Baxter and his business involvement with Island Express Boat Lines – the company that managed to obtain a public contract with the City of Port Clinton and a $500,000 federal grant, and legal fees paid by Erie County taxpayers, all while he used his office to conduct that personal business while allegedly screwing witnesses who testified during murder trials.
Erie County Prosecutor Kevin Baxter: Oh no you don’t – let’s stay focused on how she broke the law. She broke the law by blowing the whistle on me. I’m the victim here! You are not allowed to criticize me! I will call it paper terrorism and I will have you charged with 81 criminal charges!
Kevin Baxter doesn’t just use his office to enrich himself at the public trough. He also uses his office to prosecute people who complain about it.
Visiting Judge John Adkins of Circleville put Baumgartner back on probation for the remaining 118 days in her term.
Ohio is the heart of it all.

Eighteen Months Later..Still No Examination Into the Bad Warrant

2006-11-25T10:26:00.000-08:00

Sandusky Register: Baumgartner indicted on charges from chase
Wednesday, June 8, 2005, 09:10 AM
Vicki Palmer: “Grand Juries Look At All The Circumstances.”
Baumgartner indicted on charges from chase
By KEVIN PURDY
kevinpurdy@sanduskyregister.com
SANDUSKY - A former Oak Harbor attorney has been indicted on four charges related to a two-county chase she was reported to have led law enforcement officers on in May.

Elsebeth Baumgartner, 55, who gave a Lambertville, Mich., address at Erie County Jail last week, has been charged with grand theft of a motor vehicle, resisting arrest and two counts of failure to obey the order or signal of a police officer, according to documents released by the Erie County Prosecutor's office.

Factual error: Baumgartner is 50, not 55.

The indictments came from the Erie County grand jury sessions late last week. Baumgartner pleaded not guilty June 2 to two misdemeanor counts stemming from the same incident, and a hearing on a felony charge was continued to this Thursday.

Erie County Assistant Prosecutor Vicki Palmer, who handles grand jury proceedings for the prosecutor's office but did not present Baumgartner's case, said that in her case and others, a grand jury can consider more evidence than what police use in initially charging a suspect.

"Often times, police officers will file a charge immediately, which is their job, to make sure that somebody is arrested," Palmer said. "(A grand jury) is looking at everything at all the circumstances; they're looking at everything that's there."

Laughable.

What other “evidence” do they have against Baumgartner? I’d love to see those Grand Jury transcripts. They no doubt attempted to smear her so bad that indicting a ham sandwich seemed like the natural thing to do.

Dan Kasaris, the Cuyahoga County assistant prosecutor assigned as a special prosecutor to Baumgartner's case, could not be reached for comment Tuesday.

Baumgartner said Tuesday she intends to file motions to dismiss the charges based on what she claims were a number of legal and procedural violations by both law enforcement and prosecutors in her case.

"There wasn't a lawful warrant for my arrest, and that's been proven on the record in municipal court," Baumgartner said. "For whatever reason, this special prosecutor has chosen to ignore that bad faith on the part of law enforcement."

Proven by the fact that the Visiting Judge issued a bench warrant without anyone attaching a criminal charge. In other words, Ohio Visiting Judge John Adkins, after claiming that he himself was the complaining witness, issued a bench warrant for Baumgartner’s arrest in order to summarily revoke her probation. Bay View officials, after being warned that the warrant was no good, acted on the bench warrant anyway. There is so much misconduct in Baumgartner’s case that I can’t wait to see that trial.

It’s gonna be a circus.

Baumgartner said she had not been served with an indictment Tuesday or arrested on a warrant.

She has never failed to appear and she’s already been released on bond. Yet an Erie County Judge finds it necessary to issue another arrest warrant.

Baumgartner was one of 29 indictments released by the prosecutor's office Tuesday, but complete identification of those indicted could not be provided because of complications with a new computer system. The Register will run a complete list when all the information is available.

Best of Bryan DuBois...

2006-11-25T10:21:00.000-08:00

Cuyahoga County Prosecutor Sends In “Anti-Anti-Government Legal Hitman” To Convict Christian Evil Genius Of Stealing Own Car
Wednesday, June 8, 2005, 05:31 PM
Cuyahoga County Prosecutor Sends In “Anti-Anti-Government Legal Hitman” To Convict Christian Evil Genius Of Stealing Own Car
[Parody alert]

Cleveland -- “Let’s see what’s she got,” Assistant Cuyahoga County Prosecutor Daniel Kasaris said early Tuesday after blowing imaginary smoke from the tip of his finger. “I’m gonna take this bitch down and I don’t give a shit what it takes.” Kasaris said.

Cuyahoga County Prosecutor Bill Mason concurs: “I’m not too thrilled about being involved in this case – but Dan is our best anti-anti-government legal hitman. If [Kasaris] can’t stop Baumgartner, we’re gonna have to kill her.”

Kasaris, a North Royalton Ohio resident and attorney since1989 has been handpicked as a “special prosecutor” to the “Grand Theft Auto” case of Dr. Elsebeth Baumgartner in Erie County. He obtained an indictment on Baumgartner for “Grand Theft Auto” without even contacting the owner of the vehicle. Kasaris has not attempted to return the “stolen” vehicle to it’s rightful owner.

Kasaris was also handpicked by Erie County Prosecutor Kevin Baxter to present a case to the Erie County Grand Jury in order to have this writer indicted, but Kasaris' sham case was “no billed.” (Grand Jury refused to indict)

Baumgartner has been a controversial figure over the last four years after she represented Krista Harris, a young female who accused the Erie County Prosecutor of raping her while she served as a murder trial witness in 1994. Attorney Baumgartner refused to back down after witnessing blatant prosecutorial misconduct and was eventually barred by judicial order from the Erie County courthouse by an Ohio Visiting Judge handpicked by the Erie County Prosecutor to adjudicate Krista Harris’s retaliatory theft case.

“[Baumgartner] is a ridiculous, fantastical conspiracy theorist,” says Kasaris, who was actually handpicked by Erie County Prosecutor Kevin Baxter to oversee Baumgartner’s case, “I don’t care if she has a genius IQ, is the president of a DNA analysis company, a law school valedictorian, and a biotech patent transfer attorney. She thinks that I’m on this case to over prosecute her or fabricate charges at Kevin Baxter’s request. I’m not here to do either. I’m here to get her under control by putting her in jail.”

Kevin Baxter Elsebeth Baumgartner

While records show that Kasaris actually was handpicked by Kevin Baxter, Kasaris denies any connection: “It’s just hogwash. Pure defamatory hogwash.”

Baumgartner’s grand theft auto indictment resulted from an incident on the night of May 20, 2005 wherein she is accused of eluding Bay View Police officers who were attempting to serve what Baumgartner called a “sham bench warrant” at Terry’s Tavern in Bay View. Records show that the warrant was unsupported with a sworn charge. Part Time Bay View Police Chief Helen Prososwki, after lying to the Port Clinton News Herald about whether or not a privately owned vehicle was involved in the pursuit claims that her officers followed the law that night.

Baumgartner disagrees with Erie County authority’s version of events.

According to statements Baumgartner made to police officers and supporters, she simply drove to Huron County in order to get a proper hearing to examine the validity of a bench warrant held over her head to harass her and keep her from her family in Oak Harbor Ohio. “I didn’t flee. If I fled, where was I going? Home? I drove east – but I have homes in Michigan and Oak Harbor. I was going someplace where I would be treated fairly. The minute I got there, I was going to turn myself in. As you can see Bay View authorities broke the law in order to prevent me from getting that hearing.”

“The fact is, she didn’t get that hearing, and now I’ve got her in my guns sites,” says Kasaris. “I’m telling you, I’m gonna nail this bitch to a cross.”

Baumgartner says that her entire case is retaliation for her whistle blowing on financial misconduct within the Erie County Prosecutor’s office, but Kasaris disagrees: “To me, this case is about control. I have an ego the size of a football stadium and putting this Amazon blonde in jail is gonna get me off. As Cuyahoga County’s anti-anti-government legal hitman, my whole purpose is to stop people like Baumgartner.”

Records show that Baumgartner was incarcerated in the Ottawa County Detention Facility without bond or notice of any charges for 12 days. She was released by an Ohio Visiting Judge after admitting that she left the state of Ohio without notifying her probation officer.

“Personally I think the judge went light on her,” Kasaris said in regards to the restoration of Baugartner’s probation in Ottawa County. “If I were the judge I would’ve given her at least 2 years in prison for simply questioning my authority.”

Some say Baumgartner’s case is the result of an Ohio criminal justice system run amok.

“What has this woman done besides criticize [Erie County Prosecutor] Kevin Baxter?” said Sandusky resident Jim Flannerty. “Everyone knows that Kevin Baxter is a coke head. When authorities react this way, they only confirm that what she’s saying about them is true.”

But not everyone agrees with Flannerty. “We can’t allow people to question our authority,” says Kasaris, “the government is the ultimate authority, and if that authority is questioned, I’d be out of a job.”

Kasaris has a reputation of being a straight shooter in Cuyahoga County. He successfully prosecuted a Pharmacist in 2001 for giving viagara to a 25 year old coworker in exchange for sex. But no illegalities like that are happening in the Baumgartner case according to Kasaris. “We want her, and that’s that. We’re gonna get her. She’s gonna be a notch in my belt so help me God, If I have to make a charge up, I’ll do it. [Cuyahoga County Prosecutor Bill] Mason’s counting on me.”

Selective Prosecution 101-Supreme Court Drunk vs Citizen Activist

2006-11-25T10:11:00.000-08:00

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

By KRISTINA SMITH
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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In Erie County Ohio the Victim Pays while Baxter Plays

2006-11-25T10:05:00.000-08:00

“Victim” Forced To Pay For Towing, Storage Costs
Tuesday, June 14, 2005, 09:26 AM
“Victim” Forced To Pay For Towing, Storage Costs

Let’s give the Erie County Prosecutor’s Victim’s Assistance clan a big round of applause!

• The Erie County Prosecutor’s office managed to obtain an indictment on Dr. Elsebeth Baumgartner for “Grand Theft Auto” without ever contacting who they thought was the rightful owner of the vehicle. (Who ended up being the complaining witness?)
• After indicting her they let the alleged “stolen vehicle” sit in impound for 20 days – even after the alleged victim requested that the vehicle be released.
• The Erie County Prosecutor’s office made the “owner” pay for the towing and storage fees (over $400) on a vehicle they claim was stolen.
• The “special prosecutor” requested a $150,000 bond on Baumgartner but was denied the request.
Nooooo! There’s no ulterior motive here!

I don’t think a bad faith, malicious prosecution could get any worse…

You know it’s a political prosecution when the prosecutor clutches at straws to convince that a crime was even committed.

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Former EV Editor Bryan DuBois Suggests Special Prosecutor Kasaris Fabricated Grand Theft Auto Charge

2006-11-25T09:57:00.000-08:00

EV’s Open Response To Erie County Prosecutor Victim’s Advocate
Thursday, June 16, 2005, 05:17 PM
EV’s Open Response To Erie County Prosecutor Victim’s Advocate

And I don’t do this to be a smart aleck – but to establish records of my conversations with members of the Erie County Prosecutor’s office. Heaven knows what these letters will be used for at a later date and that’s why I must publicly set the record straight.

On June 10, 2005 I called the Erie County Prosecutor’s office Victim’s Advocate to inquire why as an alleged victim of “grand theft auto” I would be forced to pay for impound and storage fees – on top of the fact that I had received no response from the Victim’s advocate after they indicted my business partner for “grand theft auto” of our company vehicle.

Victim’s advocate Eva Gorby (a very sweet lady) sent this response through US Mail:

LETTER TO BE INSERTED.

The most important thing stated in this letter is the opening line: “Per our discussion, you indicated that you are the victim of a stolen vehicle.”

This statement is patently false.

I never made this statement. While on the telephone with Eva, I stated that the Erie County Prosecutor’s office alleged that I was a victim of a crime by their indictment of my business partner Dr. Elsebeth Baumgartner. They allege that my business partner Dr. Elsebeth Baumgartner “stole” my vehicle. If that were true, I wanted to know why the victim’s advocate had not contacted me about reuniting me with my "stolen" vehicle. I thought that taking care of victims was the job that we paid them for as taxpayers.

The Erie County Prosecutor’s office left the “stolen” vehicle impounded for 20 days – and never bothered to contact me about testifying about whether or not the vehicle was in fact stolen. The “special prosecutor” didn’t seem at all concerned about getting to the truth of the matter – but more like he was personally assigned by Erie County Prosecutor Kevin Baxter to maliciously prosecute Dr. Baumgartner.

I believe that the reason they did not contact me was because they didn’t really believe my vehicle was stolen but that they wanted to pin a charge of grand theft auto on Baumgartner anyway without a complaining witness.

As you can see Kasaris and Baxter did so…

An example of selective, vindictive and malicious prosecution doesn't get much clearer.

Best of Dan Kasaris...

2006-11-25T09:53:00.000-08:00

“Special Prosecutor” Daniel Kasaris Blows Lid
Thursday, June 16, 2005, 08:16 PM
“Special Prosecutor” Daniel Kasaris Blows Lid

Yes, today’s arraignment was very disturbing. We got to see an assistant Cuyahoga County Prosecutor flip out simply because a journalist was recording him. Beware, EV readers, when the government has a problem with the first amendment.

Assistant Cuyahoga County Prosecutor Dan Kasaris, after being handpicked by Erie County Prosecutor Kevin Baxter to prosecute Dr. Elsebeth Baumgartner on felony fleeing and “grand theft auto” charges, scurried out of a meeting between Bailiff Tom McGowen, Dr. Elsebeth Baumgartner, Jack Vogel, and myself.

The purpose of the meeting was to discuss the scheduling of a pre-trial in Baumgartner’s case – a case she alleges is illegal right out of the gate because Erie County Prosecutor Kevin Baxter has manipulated the special prosecutor appointment in order to affect the case outcome. She alleges that the current system of “appointing” special prosecutors by the Erie County Prosecutor is illegal because Baxter is using a quid pro quo system to over or under prosecute political cases. (In the legal industry they call it a “case fix.) Obviously, Baxter’s conduct is illegal and unethical and should be denounced by anyone who still believes in justice in Erie County.

Elsebeth Baumgartner waived her right to a private meeting and invited me into an adjacent room to Court Room #4. Of course, I jumped at the chance. I thought it would be interesting to see how these criminal matters were conducted “off the record.”

“All of these criminal matters are public record – and I wanted a member of the press in there.” Baumgartner later said. As I walked in, Dr. Baumgartner introduced me and I nodded to all present. I quickly placed a digital recorder on the table in front of her so that she could speak into it.

The last time I attempted to record a proceeding was back in December of 2004. Ohio Visiting Judge Richard Markus invited me to do so – but warned me on the record that any transcriptions I made of official court proceedings could not be passed off as “official court record.” I nodded to him, thanked him, and told him that I understood the rules. While I believe that Former Cuyahoga County Judge Richard Markus is really out to get me for what I’ve written about him – I believe he has the political suaveness to at least act like he doesn’t mind that he’s the subject of media scrutiny. He’s probably working behind the scenes to figure out a way to shut me up without giving away his poker hand. Assistant Cuyahoga County Prosecutor Dan Kasaris is a different story:

The meeting started when Baumgartner said to me, “Before we begin, Bryan I just want to point out that, Mr. Kasaris is carrying an envelope labeled [Cuyahoga County Prosecutor] ‘William Mason’ and it’s got your name on it.” As soon as the words were out of Baumgartner’s mouth, Kasaris put his hands up in the air, gave a questioning look to bailiff Tom McGowen, quickly gathered his files and scurried out of the room.

Baumgartner has been trying to prove that Mason’s office is colluding with the Erie County Prosecutor’s office to silence this website with sham criminal charges. Kasaris just presented a formerly dismissed ‘domestic violence’ case to the Erie County Grand Jury – but the grand jury refused to indict me.)

Baumgartner finished the “off the record” proceeding with, “See, it’s like lifting a rock and letting sunshine come in…these guys know that we’re exposing them and they run off like little cockroaches.”

Assistant Cuyahoga County “special prosecutor” Daniel Kasaris waiting for Elsebeth Baumgartner’s arraignment to begin after scurrying out of a privately recorded conference. “At least they sent a good looking guy this time,” Baumgartner later said.

Now, I remember back a few months ago when the Honorable Judge Binette (during his election time) was faced with a similar situation with me. Judge Binette made a joke out of my request to record him – it was pretty disarming. I couldn’t help but think that maybe Judge Binette is an honorable guy with nothing to hide and therefore he couldn’t care less about media scrutiny. After all, he’s following the rules that we elected him to follow – and no amount of media scrutiny is going to “scare him” into running out of a room like a man who’s conducting public business on Shady Street.

The incident today proved that we can’t say the same thing for Baxter handpicked “special prosecutor” Dan Kasaris.

Erie Voices remembers

2006-11-25T09:30:00.000-08:00

Special Prosecutor Requests Temporary Suspension
Thursday, June 16, 2005, 08:34 PM
Special Prosecutor Requests Temporary Suspension Of First Amendment During Baumgartner Case
[parody alert]

“How am I supposed to convict this lady on grand theft auto charges with Erie Voices around?” said Assistant Cuyahoga County Prosecutor Daniel Kasaris. “It’s like – we’ve counted so much on the fact that the local newspapers won’t report on our underhanded, illegal conduct that it’s getting increasingly difficult to operate illegally.”

Elsebeth Baumgartner is being prosecuted illegally by a handpicked special prosecutor picked by Erie County Prosecutor Kevin Baxter who was the target of political speech by Baumgartner before his publicly funded private ferry boat business went belly up.

Kasaris joins the ranks of other seemingly dishonest public officials who have enjoyed the lack of media scrutiny on the Northern shore of Ohio. In a brief statement to the press after leaving the Erie County Courthouse Kasaris suggested a “temporary suspension on the first amendment.”

“I just need a media blackout for a few weeks until I put this bitch in jail. Is that so much to ask?”

Elsebeth Baumgartner Pharm D., J.D.