In an Ex Parte Discussion Between The Trial Judge and Medina County Assistant Prosecutor Salisbury in Chambers, Immediately Prior to a Scheduled Hearing on Petitioner’s Post Conviction Motions and While Discussing the Unlawfully Compelled Testimony of Petitioner’s Wife, the Trial Judge Was Overheard to Say to Salisbury, “But I’ll Help You.”
On November 23, 2009, defense counsel filed Motion for Acquittal; Motion for New Trial; Motion for Arrest of Judgment; Motion to Suspend Execution of Sentence; and Motion for Bail Pending Appeal. On December 17, 2009, defense counsel filed Additional Authorities and Exhibits in Support of Defendant’s Motion for Acquittal; Motion for New Trial; Motion for Arrest of Judgment; Motion to Suspend Execution of Sentence; and Motion for Bail Pending Appeal.
On December 18, 2009, defense counsel and her investigator were seated in the gallery of Courtroom No. 1, waiting for the scheduled hearing on Petitioner’s post conviction motions to convene. While seated there, defense counsel and her investigator overheard the trial judge and Salisbury discussing in loud voices the impending motions hearing.
In one memorable exchange, while discussing the forced testimony of Petitioner’s wife, who had asserted her spousal privilege on no fewer than 4 occasions, the trial judge stated loudly to Salisbury, “You compelled the wife to testify.” The trial judge then quickly added, “But I’ll help you.”
Defense counsel detailed this ex parte discussion between the trial judge and Salisbury in her Affidavit of Disqualification of Judge Collier, which she filed with the Ohio Supreme Court. Further, defense counsel attached to her Affidavit of Disqualification the sworn Affidavit of her defense investigator regarding his independent recollection of this ex parte communication between the trial judge and Salisbury in the chambers of Courtroom No. 1 on December 18, 2009.
A copy of the Affidavit of Disqualification of Judge Collier, filed by defense counsel with the Ohio Supreme Court, along with the supporting Affidavit of defense counsel’s investigator, is appended hereto as Exhibit 15.
This prosecutor has presented no countervailing evidence to challenge or dispute the ex parte communications between Salisbury and the trial judge during the proceedings below. MUCH MORE TO COME ....
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