A. State
v. Jeffery Mack, Medina Case No. 03CR0612
Mr. Jeffery Mack was indicted on
December 23, 2003. Mr. Mack’s indictment
cannot be publicly viewed at the website of the Clerk of Medina County Court of
Common Pleas so that the details of the indictment cannot be cited here with
specificity. Mr. Mack filed motions to
suppress various items of evidence on March 5, 2004.[1] Judge Collier denied Mr. Mack’s motions to suppress evidence on April 30, 2004.
Interestingly,
on August 27, 2004, Judge Collier issued Order 1328/237 providing that “the
testimony of Ptl. Steve Hoover may be taken by deposition & used as
evidence at trial in this matter.”
The docket in Mr. Mack’s case
further reveals a September 1, 2004 entry “WARRANT FOR REMOVAL,” #1329/012,
which provides, “Sheriff to transport deft. From Cuyahoga County jail to Medina
County Sheriff’s Office for a deposition on 9-08-04 at 9:00 am.”
Mr. Mack attended the
deposition of Patrolman Steven Hoover conducted at the Medina County Jail on
September 8, 2004.
Having failed to prevail on his motions to
suppress, on December 13, 2004 Mr. Mack, according to the docket, appeared
before Judge Collier and entered guilty pleas to two counts of aggravated
robbery, two counts of repeat violent offender specification, and two counts of
misuse of credit cards.[2]
On February 25, 2005, Judge
Collier sentenced Mr. Mack to an aggregate term of 23 years imprisonment.
Mr. Mack timely appealed his conviction
and sentence, State v. Mack, 9th
Dist. No. 05CA0024-M, 2005-Ohio-6325.
Turning now to the express language of
the November 30, 2005 Decision of the Ninth District Court of Appeals, State v. Mack, 9th Dist. No.
05CA0034-M, 2005-Ohio-6325:
In the case
at hand, Defendant maintains that his trial counsel was ineffective by failing
to:
“(1) raise the issue of the altered suppression hearing and videotape
deposition transcripts . . . .”
[Emphasis added.]
Regarding
Defendant’s allegations of altered evidence, we find no support for his
contentions, and thus cannot say that Defendants’ trial counsel prejudiced
Defendant for failing to raise an unsubstantiated claim. Id., at
¶13.
Mr. Mack has furnished an affidavit, with specific
citations to the record, averring that the transcript of the deposition
testimony of Patrolman Steven Hoover and the transcript of his suppression
hearing have been materially altered.
A copy of Mr. Mack’s affidavit is attached hereto as Exhibit Twenty-One.
It is patently clear that, as early as 2003, Judge Collier
and his court reported, Donna Garrity, have been deliberately editing and
materially altering transcripts of proceedings held before him.
The criminal offense of tampering with transcripts,
official records of court proceedings, is so insidious because, in the absence
of zealous advocates, the voices of untold numbers of victims of the transcript
tampering go unheard and unacknowledged by the Court of Appeals, adding one
more injustice done to untold numbers of victims. Moreover, the average citizen can have
absolutely no confidence in the outcome of proceedings where the record has
been corrupted and the results are in doubt and under a cloud of suspicion.
[1] The actual date memorializing the suppression hearing does not appear
on the docket. It appears from the docket that Judge Collier held a suppression
hearing on April 20, 2004 from an ancillary order posted to the docket on April
27, 2004, “Order 1301/504 THE VIDEOTAPE MARKED AND INTRODUCED AT THE
SUPPRESSION HEARING HELD 4-20-04 IS HEREBY RELEASED FOR PURPOSES OF COPYING.”
[2]
Docket
Entry 13/December/2004 CHANGE OF PLEA
ENTRY FILED 1346/691-692 Def. informed
the Court that his correct name is “Jeffery Mack Lundy.” The Court granted State’s Motion to strike
“Purposely” from “Count II” of indictment. The Deft. Plead “Guilty” to (2)
violations of Aggravated Robbery 2911.01(A)(3) (F-1); (2 cts) Repeat Violent
Offender Specification 2941.149; and (2 cts) Misuse of Credit Card
2913.21)B)(2) (M-1). State informed the
Court it would recommend a maximum sentence of (23) years. Def. referred to APD for PSI. Bond set is
cont’d. Sentencing is set for 2-14-05 @ 8:30 am.
A VERY RECENT CASE, STRIKINGLY SIMILAR TO THE CASE OF JEFFERY MACK, IS CURRENTLY PENDING BEFORE LAPDOG "PUBLIUS" COLLIER AND AGAIN POINTS SQUARELY AT CORRUPT MEDINA COUNTY PROSECUTOR DINO HOEMAN FOR TAMPERING WITH EVIDENCE, A CRIME UNDER THE LAWS OF THE STATE OF OHIO!
A VERY RECENT CASE, STRIKINGLY SIMILAR TO THE CASE OF JEFFERY MACK, IS CURRENTLY PENDING BEFORE LAPDOG "PUBLIUS" COLLIER AND AGAIN POINTS SQUARELY AT CORRUPT MEDINA COUNTY PROSECUTOR DINO HOEMAN FOR TAMPERING WITH EVIDENCE, A CRIME UNDER THE LAWS OF THE STATE OF OHIO!
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