SALISBURY HID FAVORABLE EVIDENCE FROM THE DEFENDANT RIGHT FROM THE OUTSET

         On the afternoon of September 1, 2009, Defense Counsel and the Defense Investigator met with the Evidence Control Officer at the Medina County Sheriff’s Office for an evidence view.

         The Evidence Control Officer produced the evidence log and displayed   some, but not all, items of physical evidence maintained by the Medina County Sheriff’s Office.

         The Evidence Control Officer produced an inventory log and displayed to Defense Counsel all but three items of evidence, which she stated she was instructed by SALISBURY to refuse access to Defense Counsel.  

The Evidence Control Officer placed an asterisk beside each of the three items on the evidence log that she was instructed by SALISBURY to withhold. The Defense Investigator photographed the evidence log to memorialize SALISBURY'S instructions to the Evidence Control Officer.

         The Evidence Control Officer, on orders and instructions from SALISBURY, refused to permit Defense Counsel to access the following evidentiary items, as designated by asterisks on the complaint log:

1) copy of 911 dispatch tapes regarding this call;

2) micro-cassette of interview of FRED FLINTSTONE – follow up conversation about this incident; and

3) 1 CD CONTAINING PICTURES OF ALLEGED INJURIES OF DEFENDANT'S WIFE

         Not surprisingly, each and every of the items that Salisbury instructed Ms. Klinecht to withhold from the defense contained exculpatory evidence.

         Defense Counsel obtained a copy of the 911 dispatch tape directly from the Medina County Sheriff’s Office via Public Information Request.  

         Indeed, the 911 tape, which Salisbury had instructed the Evidence Control Officer to withhold from defense counsel, contained numerous crucial statements from Wilma Flintstone, the only State’s witness to “incriminate” the Defendant at trial, made by Ms. Flintstone that she could neither see nor hear any events occurring outside the bedroom in which she had been ensconced during the entirety of the purported “incident.”  

         Further, during the recording, Ms. Flintstone stated expressly to the dispatcher, "I DIDN'T SEE DEFENDANT."                                   

         Both SALISBURY and COLLIER refused to turn over to the defense the exculpatory audiotape and the exculpatory photographs that clearly fail to show any injury to Defendant's wife, as falsely testified at trial by Ms. Flintstone. 

         COLLIER REFUSED TO COMPEL SALISBURY TO TURN OVER THE EXCULPATORY EVIDENCE, FAVORABLE TO THE DEFENDANT. 

        SALISBURY refused to voluntarily turn over the exculpatory evidence and handed the evidence off to COLLIER who, during discussions of the Motions in limine, admitted to Defense Counsel that he was personally in possession of the exculpatory audiotape and the exculpatory photographs.

         COLLIER never made the exculpatory evidence available to the defense, despite repeated requests by Defense Counsel.

           THIS IS PRECISELY WHY MEDINA COUNTY NEEDS AN INDEPENDENT CRIMINAL INVESTIGATION OF THE CORRUPTION IN THE MEDINA COUNTY COURTS.

MUCH MORE TO COME ....