LAPDOG "PUBLIUS" COLLIER, A STUPID CRIMINAL, ALTERED THE TRANSCRIPT BUT FORGOT ABOUT THE BRIEFS. WHAT A MORON!

Shown below is the SIXTEENTH 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:

I.  The Testimony of Deputy Clinage Was

Deliberately Altered in the Suppression Transcript.

On October 9, 2009, Deputy Douglas Clinage testified at one session of the four-part suppression hearing.  During cross-examination by defense counsel, Deputy Clinage gave the following actual testimony:

A.    I don’t remember.  In all honesty, I don’t. It was - - it was a complicated night.

Q.        Why was it complicated?

A.        The charge kept changing.  [Emphasis added.]

This actual testimony demonstrates, once again, that sheriffs’ deputies lacked probable cause because, in Deputy Clinage’s own actual words, “The charge kept changing.”

Judge Collier, however, materially altered the substance of Deputy Clinage’s testimony to conceal and cover up the fact that sheriffs’ deputies lack probable cause to arrest Mr. Hartman, which invalidated the State’s case.

Judge Collier unlawfully materially altered the transcript of the suppression testimony of Deputy Clinage at suppression hearing Volume II. Page 243, which now has been changed to:

A.                I don’t remember.  In all honesty, I don’t. It was - - it was a complicated night.

Q.        What was complicated?

A.        Originally, he was not arrested for the burglary.

Thereafter in the corrupted transcript, Judge Collier added the non-existent purported testimony of Deputy Clinage to the transcript:

Q,        What was he arrested for?

A.`       Originally, he was arrested for domestic violence, three charges of menacing, and two other charges, I believe.

From there, after contacting my supervisor and talking it over with the group that was all there, it was decided that the misdemeanors should be alleviated and we should go forward - - go with the burglary charge, because he walked in the house with a weapon.

Deputy Clinage never spoke these words in his suppression testimony, which Judge Collier later attributed to him in the corrupted transcript.

A copy of Volume II, Pages 243-244, reflecting the altered testimony of Deputy Douglas Clinage, is attached as Exhibit Fourteen.

Moreover, Judge Collier, when he materially altered the transcripts, failed to consider that defense counsel had memorialized Deputy Clinage’s suppression hearing in Mr. Hartman’s December 17, 2009 Additional Authorities in Support of Defendant’s Motion for Acquittal, filed with the trial court more than one full year prior to the time that his court reporter filed her corrupted transcript of Mr. Hartman’s first trial.  The following is taken from Mr. Hartman’s December 17, 2009 Additional Authorities brief, at Pages 6-7:

            At the Suppression Hearing, Deputy Douglas Clinage testified that the evening of May 27, 2009 was a “complicated night” because the criminal “charge kept changing.”  Obviously because the arresting officers had not even identified the specific crime for which they had arrested Matthew, it was not possible for them to have identified the particular elements for that offense.  Similarly, not having identified any offense and its elements before placing Matthew under arrest, it was not possible for the officers to have satisfied the probable cause standard that Matt had violated each of those elements.  When the arresting officer has not considered the precise nature of the offense he believes has been committed, it is simply not possible for him to have made an arrest based on probable cause, because he obviously has not and cannot have satisfied himself that the arrested person probably committed acts that violated all of the elements of a criminal offense.  [Emphasis added.]

A copy of Pages 6-7 of Mr. Hartman’s December 17, 2009 Additional Authorities brief is appended hereto as Exhibit Fifteen.

Judge Collier, when he materially altered the transcript of the testimony of Deputy Clinage, failed to take into account the fact that counsel and her investigator had been taking contemporaneous handwritten notes during the suppression hearing testimony of Deputy Clinage.  A copy of the handwritten notes, taken contemporaneously during the suppression testimony of Deputy Clinage and expressly memorializing his critical testimony “It was a complicated night; The charge kept changing,” is attached as Exhibit Sixteen.

A copy of the contemporaneous handwritten notes, taken during the suppression testimony of Deputy Clinage, were previously filed with Trial Court II, attached to Mr. Hartman’s Defendant’s Supplement to Motion to Correct Transcripts as Exhibit 4.

Defense counsel and her investigator were gratified at the conclusion of the four-part suppression hearing, secure in the knowledge that the State had failed to meet its burden and had failed to establish that sheriffs’ deputies has probable cause to arrest the Defendant.  Judge Collier, as a matter of law, was obligated to suppress any evidence seized from Mr. Hartman at the time of his unlawful arrest.

Judge Collier, however, changed all that by deliberately and materially altering the transcripts of the four-part suppression hearing.[1]

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[1] Judge Collier denied Mr. Hartman’s Motion to Suppress on the stated rationale that a grand jury indictment cures violations of the Fourth Amendment by law enforcement officers, quite a novel holding in criminal law.  Under this standard, evidence would never be suppressed.