C. The Medina County Assistant Prosecutors Will Not Be On Hand
at The Cuyahoga County Courthouse to Badger and Intimidate Witnesses in the
Case at Bar.
In Mr. Hartman’s prior
trials, held at the Medina County Courthouse, Medina County Assistant
Prosecutors engaged in the practice of badgering and intimidating witnesses. Evidence is to be found in the trial
transcript.
The following is taken
from Scott Salisbury’s direct examination
of Melissa Hartman’s wife who was compelled
to testify after asserting her spousal competency privilege:
WITNESS: Sir,
I’m feeling a little badgered right now.
COURT: I understand. Do you understand the question? He just wants to know whether you read it
[statement] or not. If you didn’t read
it, it’s okay; if you did, it’s fine.
WITNESS: Just like out there, when we had
this whole thing. He’s trying to make me
feel like I’m lying about everything.
COURT: He’s just asking if you read your
statement or not.
WITNESS: I feel very intimidated by this
gentleman.
COURT: Here’s what we’re going to
do. We are just going to have one
question at a time. Okay?
Mr. Salisbury, your next question,
please.
BY SALISBURY
Q. I don’t know whether the Jury heard
that. What did you just say to the
Judge?
A. That was between me and the Judge.
COURT: That’s fine. Mr. Salisbury, your next question.
Q. Did you just say you feel like you’re lying
about everything? Is that what - - I
couldn’t hear you.
A. You
make it seem like I lie about everything, just like you told me outside, when
you badgered me out there before we came in the courtroom.
Q. What did I say to you?
A. “Are you going to lie or are you going to
tell the truth?”
Q. That’s badgering?
A. The
way you said it. You know how you were,
you intimidated me and scared me out there. [Emphasis added.]
(Melissa Hartman, Trial
I, Tr. at 74-75).
Similarly, Assistant County Prosecutor
Scott Salisbury repeatedly taunted and goaded Mr. Hartman (who was handcuffed
and shackled) without permission and outside the presence of his attorney. Moreover, Salisbury shouted at the
undersigned to “Shut up” when she instructed Salisbury to cease taunting Mr.
Hartman in her presence, which he did in violation of the Canons of Ethics. See Reply to State’s Opposition to Dismiss, Exhibit
Two at p. 5, § F, November 8, 2009 letter from the undersigned to Scott
Salisbury. See also 1/04/2010 Defendant’s
Post-Hearing Rebuttal Memorandum, With Exhibits, at pp. 15-16.
Similarly, Sheriff’s deputies taunted
defense witness Steven Hartman as he waited to offer testimony at Mr. Hartman’s
first trial.
As a precautionary measure at Mr.
Hartman’s second trial, the undersigned required Inspector Hartman, her
investigator, to remain outside the courtroom to prevent further witness
intimidation by the Medina County Prosecutor’s Office and Medina County
Sheriff’s deputies, thus depriving the undersigned of his assistance in the
courtroom at trial.
No comments:
Post a Comment