COLLIER APPLAUDS AS SALISBURY MANUFACTURES HIS OWN "EVIDENCE"

SALISBURY falsified a document that he turned over to the defense during purported "discovery" proceedings.  

Salisbury merged excerpts taken from the reports of two separate officers into a single document and presented this falsified document to falsely represent to defense counsel that the Defendant was advised of his Miranda Warnings immediately prior to his interrogation at the Medina County Jail by Deputy Douglas Clinage, in a deliberate, unethical, and unlawful attempt to thwart a lawful challenge by the defense to the deputies’ violations of Defendant’s Fifth and Sixth Amendment Rights.  

A copy of SALISBURY's falsified document is pictured below:

The falsified document consists of a number paragraphs. 

The first paragraph alleged that an unnamed officer advised Defendant of his Miranda Warnings.  

The following paragraphs set out statements purportedly given by Defendant to the deputy following the Miranda Warnings.  

SALISBURY's falsified document does not identify the author, the time the Miranda Warnings were given, or the time of the interrogation.  The falsified document purports to offer that the interrogation followed, immediately or shortly thereafter, the Miranda Warnings.

Investigation by Defense Counsel established otherwise!

Deputy Frank Telatko arrested Defendant at approximately 6:54 pm, on the afternoon of May 27, 2009.  At approximately 7:07 pm on May 27, Deputy Telatko broadcast to the sheriff’s office dispatcher, via radio, “Enroute 25 with Defendant. Maranda (sic) advised.”  

A copy of Deputy Telatko’s official incident report, obtained by the defense by way of subpoena, was reviewed. The pertinent portion of Deputy Telatko’s report states as follows:

Defendant was seated in the back seat of my patrol vehicle.  I advised Defendant of his Miranda and he stated he understood.  While enroute to the Sheriff’s office I asked Defendant if he had an (sic) alcoholic beverages and he stated he had a couple of beers at dinner.

This language, taken from the report of Deputy Telatko, appears at the first paragraph of the discovery document falsified by SALISBURY.

The following paragraphs of SALISBURY'S falsified discovery document were taken by SALISBURY from the separate narrative report of Deputy Douglas Clinage. 

During cross-examination at the suppression hearing, Deputy Clinage conceded that he had not advised Defendant of his Miranda Warnings prior to his interrogation of Defendant at 3:00 am on the morning of May 28, 2009, CONTRARY TO THE IMPRESSION SALISBURY ATTEMPTED TO CREATE WITH HIS FALSIFIED DISCOVERY DOCUMENT.

Also, on cross-examination at the suppression hearing, Deputy Telatko twice recited, on the record, the Miranda Warnings he issued to Defendant.  On each of those two successive recitations, identical in content, Telatko failed to recite the full warnings required by the Miranda Decision.  Telatko’s Warnings were, therefore, deficient.

Giving "almost" the Miranda Warnings is just like being "almost" pregnant!  This is not a game of horseshoes, where "close enough" is sufficient to score.

As SALISBURY well knew when he falsified the discovery document, the lapse of time between the May 27, 2009 deficient Miranda Warnings given at 7:07 pm, and the May 28, 2009 unwarned interrogation of Defendant at 3:00 am, with all of the other attendant factors inherent in such a delay, would give rise to a whole host of legal issues that SALISBURY had unlawfully attempted to avoid by falsifying the discovery document.

When he knowingly and willfully falsified the discovery document, SALISBURY attempted to taint and corrupt the legal proceedings, in violation of §2921.12(A)(2), Ohio Revised Code,  Tampering with Evidence, a felony of the third degree.  The Ohio Revised Code Section follows:

2921.12 Tampering with evidence.

(A) No person, knowing that an official proceeding or investigation is in progress, or is about to be or likely to be instituted, shall do any of the following:

(1) Alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation;

(2) Make, present, or use any record, document, or thing, knowing it to be false and with purpose to mislead a public official who is or may be engaged in such proceeding or investigation, or with purpose to corrupt the outcome of any such proceeding or investigation.

(B) Whoever violates this section is guilty of tampering with evidence, a felony of the third degree.

Effective Date: 01-01-1974

Furthermore, when Defense Counsel drew this very matter of the falsified discovery document to the attention of TOTALLY CORRUPT JUDGE CHRISTOPHER COLLIER, COLLIER simply brushed aside this violation of law by SALISBURY, as if of no consequence, and attempted to explain and cover up the unethical and unlawful conduct of SALISBURY.

In fact, COLLIER, in attempting to conceal and cover up the unlawful conduct of SALISBURY, aided and abetted SALISBURY in the criminal offense of Tampering with Evidence.

        

         COLLIER’S attempted defense of SALISBURY'S misconduct holds no water and is no more than a failed disingenuous attempt to shield SALISBURY from the consequences of his unethical, unlawful conduct.  

Following is a cite from United States v. Agurs, 427 U.S. 97, Fn 7 (1976), citing Mooney v. Holohan, 294 U.S. 103, decided by the United States Supreme Court in 1976:

         - Due process of law “cannot be deemed to be satisfied by mere notice and hearing if a state has contrived a conviction through the pretense of a trial which in truth is but used as a means of depriving a defendant of liberty through a deliberate deception of court and jury by the presentation of testimony known to be perjured. Such a contrivance by a state to procure the conviction and

imprisonment of a defendant is an inconsistent with the rudimentary demands of justice as is the obtaining of a like result by intimidation.”

          IN FACT, TOTALLY CORRUPT JUDGE CHRISTOPHER COLLIER HAS CONSPIRED WITH TOTALLY CORRUPT COUNTY PROSECUTOR DEAN HOLMAN TO PERMIT AND CONDONE DELIBERATE DECEPTIONS TO BE PUT BEFORE MEDINA COUNTY JURIES UNDER THE PRETENSE OF TRIALS, SO AS TO WIN THE UNLAWFUL CONVICTIONS OF INNOCENT CITIZENS AND DEPRIVE THEM OF THEIR LIBERTY.

MUCH MORE TO COME ....