Record Proves Visiting Judge Coerced Plea

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.