Saturday, November 25, 2006

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

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?

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
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...

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!

Ottawa County officials Enage in Sham Legal Process?

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

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

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.