Thursday, December 11, 2014

LAPDOG COLLIER AND SCOTT SLEAZEBURY JOIN TOGETHER TO VIOLATE THE RULES OF CRIMINAL PROCEDURE

Shown below is the third installment of the MOTION TO DISMISS WITH PREJUDICE ON THE GROUNDS OF PROSECUTORIAL AND JUDICIAL BAD FAITH AND MISCONDUCT, which LAPDOG "PUBLIUS" COLLIER and the Republicrats at the Medina County Courthouse, Mosque & Railroad Station do not want you, the citizens, to see.  You can cross-reference any exhibits to the List of Exhibits by "CLICKING" on the link shown directly below "PAGES" at the upper right-hand corner of the web page:


A.  The Prosecutor Introduced Inadmissible Alleged Other Acts

“Evidence” at Trial, After Acknowledging Its Inadmissibility and

After Assuring Defense Counsel and the Court That He Would Not Do So.

 

In Mr. Hartman’s Trial I, after assuring the court and defense counsel that he had no intention of presenting alleged forbidden acts to the jury (Motions in Limine Tr. at 8-9), the prosecutor called Mr. Hartman’s wife, as his first witness, over her repeated assertions of spousal privilege.[1]  The prosecutor, himself, on direct exam, then placed Mr. Hartman’s character at issue and presented the forbidden acts evidence to the jury, upon which he relied in closing argument. In fact, at a sidebar conference when the defense objected, the prosecutor “justified” his introduction of the forbidden acts, with his first witness on her first direct examination, by expressly stating, “I don’t have any other witness to testify to” the forbidden acts “evidence.”  (Tr. at 122).

The prosecutor, with the Court’s blessing, thus deliberately violated R.C. 2945.42, Evid.R. 404(b), 601(b), 608(a), as well a whole host of the provisions of the Ohio Rules of Professional Conduct and the ABA Standards of Conduct for Prosecutors, all with the bad-faith intent to prejudice Mr. Hartman.  (Juror comments after the trial confirmed that the inadmissible allegations did in fact prejudice the jury.)  The Court of Appeals reversed the conviction because of other evidentiary violations by the prosecutor and cautioned him not to repeat the other misconduct raised on appeal.

During Trial II, also subsequently reversed on appeal, expressly on grounds of prosecutorial misconduct, the prosecutors assured the judge that they had removed prejudicial remarks from the 911 call pertaining to false claims by Kim Leighton that the Hartmans were separated.  Again, the Assistant Medina County Prosecutor assured the court that he had reviewed the decision of the court of appeals and, in light of that decision, had removed the untrue allegation of separation.  Because the prosecutors had missed a reference, they had to prepare a corrected tape during the trial to play to the jury.  This process confirms that the prosecutors were well-aware that innuendo about the non-existent separation were prohibited during the retrial.  Yet, in closing argument, both prosecutors argued that the couple was separated, contrary to the sworn testimony and the express admonition of the Court of Appeals on this issue. See State v. Hartman, 9th Dist. Nos.  10CA026-M, 10CA0031-M, 2012-Ohio-745, ¶17, 19, 22.

During the appellate phase, the State continued to offer factual misrepresentations, misstating the testimony adduced at trial, even after Mr. Hartman briefed the precise cites in the record refuting the State’s invented “facts.”  See Appellant’s Reply Brief, 9th Dist. No. 12CA0057-M, pp. 1-2, attached hereto as Exhibit Three.




[1]  The alleged “forbidden acts” failed to qualify as legitimate Rule 404(b) evidence.  It was not like and similar to the charged offense of aggravated burglary, nor was it otherwise admissible under the Rules of Evidence.  The court did not conduct a balancing test of any kind, and the prosecutor offered it for exactly the purposes the Rules prohibit – to show alleged propensit1.  The admission of this “evidence,” over defense objections, was reversible error in and of itself and the manner of its introduction further demonstrates bad faith by the prosecutor and the court.
 
 
LAPDOG "PUBLIUS" COLLIER AND SCOTT SLEAZEBURY JOINED TOGETHER TO VIOLATE THE RULES OF CRIMINAL PROCEDURE AND DELIBERATELY, AND UNLAWFULLY, PREJUDICE THIS INNOCENT CITIZEN, ALL FOR THE SAKE OF LAPDOG "PUBLIUS" COLLIER'S UNOPPOSED LIFETIME APPOINTMENT TO THE MEDINA COUNTY COURT.

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