"WHAT DO YOU MEAN I HAVE TO WRITE OUT WHAT HAPPENED? WE NEVER DO THAT!"

        The criminal complaint in this case, filed by Deputy Clinage with the Wadsworth Municipal Court, did not contain a statement of essential facts, was not sworn by Deputy Clinage, and was not reviewed for a finding of probable cause by a neutral and detached judicial officer, RENDERING THE ARREST WARRANT CONSTITUTIONALLY DEFECTIVE AND IN VIOLATION OF THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION!

               

         Following Defendant's arrest, the defense investigator went to the office of the Clerk of the Wadsworth Municipal Court and obtained copies of the criminal complaint and warrant filed by Medina County Sheriff’s Deputy Douglas Clinage in support of Defendant's arrest. An examination of the criminal complaint disclosed that it failed to contain a statement of essential facts that might be reviewed and considered by a neutral and detached judicial officer for a finding of probable cause, as required by Ohio Crim.R. 3.

           Pictured below is a copy of the CONSTITUTIONALLY DEFECTIVE CRIMINAL COMPLAINT filed by Deputy Clinage.  You will note that the defective criminal complaint fails to set out any information from which a neutral and detached judicial officer might find probable cause, that is if "judge" McIlvaine ever bothered to take the time to review a criminal complaint for probable cause, AS REQUIRED BY THE LAW. He's probably just been too busy preparing his lesson plans, planning to instruct newby judges how to do it ... the wrong way!

         

         




         Finding that there was no statement of essential facts set out upon the face of the criminal complaint, the defense investigator requested a copy of the affidavit which he expected would have been offered in support of the criminal complaint. A complete review of the court’s file disclosed that there was no supporting affidavit. In fact, the deputy clerks at the Office of the Clerk of the Wadsworth Municipal Court had absolutely no concept or awareness of any affidavit filed by any officer, at any time, offered in support of any criminal complaint ever filed in the Wadsworth Municipal Court.  Essentially, all the criminal complaints filed in the Wadsworth Municipal Court failed to set out the essential facts upon which probable cause might otherwise be determined by a neutral and detached judicial officer.


        In sum, each and every criminal complaint, and the each and every arrest arrest warrant flowing from such defective criminal complaints, are and have been CONSTITUTIONALLY DEFECTIVE!

           Inquiring further of the deputy clerks, the defense investigator learned that it is the usual and customary practice of the Clerk of the Court to issue arrest warrants, based upon such defective criminal complaints, without any review whatsoever by the judge or magistrate of the court. The first time that the judge of the Wadsworth Municipal Court encounters these defective complaints and warrants is at a defendant’s initial appearance.

         Failure of an officer to set out a statement of essential facts in a criminal complaint constitutes a violation of Ohio Crim. R. 3, and the Fourth Amendment to the United States Constitution, which provides in pertinent part “…no Warrants shall issue but upon probable cause supported by oath or affirmation.”

OF COURSE, IN MEDINA COUNTY, COLLIER FEELS NO OBLIGATION TO COMPLY WITH THE REQUIREMENTS OF THE UNITED STATES CONSTITUTION OR THE OHIO RULES OF CRIMINAL PROCEDURE! AFTER ALL, BEING ASSURED OF A LIFETIME UNCONTESTED SEAT ON THE MEDINA COUNTY BENCH, COMPLIMENTS OF CORRUPT MEDINA COUNTY PROSECUTOR DINO HOLMAN, WHY WOULD HE BE CONCERNED ABOUT THE STATE OF THE LAW OUTSIDE MEDINA COUNTY?

MUCH MORE TO COME ....