Friday, October 15, 2010

WHAT YOU WON'T FIND IN MEDINA COUNTY COURTS: A PROPER CRIMINAL COMPLAINT

Having been presented with the TYPICAL DEFECTIVE CRIMINAL  COMPLAINT FILED IN ALL THE COURTS OF MEDINA COUNTY, you are now being presented with a properly constructed criminal complaint, the likes of which you will not find filed with any court in Medina County.


You will note that, like the typically defective Medina County criminal complaint, the properly constructed complaint contains an identical conclusory statement, which is no more than statement of the offense.


Thereafter, unlike the defective Medina County complaint, the properly constructed criminal complaint shown below contains a statement of essential facts upon with a neutral and detached judicial officer can make a determination that a criminal offense had probably been committed and the Ms. Truly Innocent had probably committed that offense.


It can be argued, with genuine certainty, that a statement of essential facts is inconsequential simply because, in Medina County, there are no neutral and detached judicial officers.


Nevertheless, the typical Medina County criminal complaints, legally invalid, DO NOT COMPORT WITH THE LAW OF THE LAND!


Looking now at the properly constructed criminal complaint, you will find that Deputy I.B. Lyon set out the facts which led to the arrest of Ms. Truly Innocent, an obvious fourteen year-old malcontent. 


Deputy Lyon reports that he responded to the report of an explosion at a Wadsworth schoolyard, observed Ms. Innocent and, fearing for his personal safety, called upon the Medina County SWAT team for back-up assistance.  Thereafter, the SWAT team, fully armed with AR-15 assault rifles, rushed and overwhelmed Ms. Innocent, subduing her and placing her under arrest.  Thereafter, following the arrest of this fourteen year old, armed deputies recovered a bottle rocket, fully charged with an explosive mixture, lying on the ground beside Ms. Innocent.


The statement of essential facts sets out information that satisfies each and every element of the charged offense, critical to a determination of probable cause.


Further, you will note that Deputy I.B. Lyon swore and signed the complaint in the presence of Judge D.K. Hedd, whose signature verifies that Judge D.K. Hedd has reviewed the criminal complaint and has found that probable cause exists for the issuance of an arrest warrant.


That's how it is to be done to be in accord with the U.S. Constitution and the holdings of the United States Supreme Court!


All of this seems to be reasonably straightforward and is reasonably intuitive for anyone who has even a general knowledge of the law.  However, in the Medina County injustice system there appears to be a dearth of legal knowledge.


MUCH MORE TO COME ....





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