Saturday, November 25, 2006

Sumary of What Started it All.

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

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?

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

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

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

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..

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…