LAPDOG "PUBLIUS" COLLIER MOVES TO CONCEAL THE FACT THE SHERIFF'S DEPUTIES, TRAINED BY THE KEYSTONE KOPS, MADE THE UNLAWFUL ARREST LACKING PROBABLE CAUSE!

Shown below is the FOURTEENTH 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:

G.  Deputy Telatko’s Actual Suppression Testimony

Was Deliberately Deleted From the Record.

Following the line of questioning at Page 179, defense counsel asked Deputy Telatko to specify the precise criminal offense for which he had arrested Defendant on the date of the purported “incident.”  Deputy Telatko, the arresting officer, could not identify the specific offense giving rise to Mr. Hartman’s arrest.  Instead, Deputy Telatko testified, “We arrested him until we could sort it out later.”

Clearly, Deputy Telatko did not have probable cause to arrest Mr. Hartman when at the suppression hearing, even after more than three months following the arrest, he was unable to specify the precise offense for which he arrested the Defendant.

A complete, thorough, and diligent review of the transcript of the suppression testimony of Deputy Telatko has revealed that Telatko’s testimony, “We arrested him until we could sort it out later,” has been deliberately and unlawfully excised from the transcript.

After Mr. Hartman alerted the trial court of this fatal defect in the State’s case in his Motion for Acquittal at Page 4, filed with the trial court on November 23, 2009 (a full 13 months prior to the time the court reporter filed the corrupted transcript,) specifically that the State had failed to establish probable cause for the arrest of the Defendant, Judge Collier took measures to delete Deputy Telatko’s actual testimony from the transcript.

Mr. Hartman’s November 23, 2009, Motion for Acquittal, at Page 4 expressly provides:

Nevertheless, according to arresting officer Frank Telatko, they decided to arrest Mr. Hartman, take him to jail, and “sort it out later,” although they made absolutely no effort to sort out the truth of Kim Leighton’s false alarm. In violation of 2917.32.

Once again, Defendant’s Motion for Acquittal provided a roadmap for Judge Collier to the precise location in the transcript that he needed to alter in order to deprive Mr. Hartman of a fair hearing on appeal.  When the Judge deliberately and unlawfully materially altered Mr. Hartman’s transcript, however, the judge overlooked the fact that Mr. Hartman had previously memorialized the suppression hearing testimony of Deputy Telatko in his Motion for Acquittal.

A copy of Mr. Hartman’s November 23, 2009, Motion for Acquittal, Page 4, memorializing the actual testimony of the suppression testimony of Deputy Telatko, more than 13 months prior to the time that the court reporter filed the corrupted transcript with the Court of Appeals on December 27, 2010, is attached as Exhibit Twelve.

WHERE DID THAT UNLAWFULLY INSERTED OBJECTION FROM SLEAZEBURY COME FROM?

Shown below is the THIRTEENTH 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:

F.  The Suppression Hearing Testimony of

Deputy Frank Telatko Was Deliberately Altered.

The suppression hearing testimony of Sheriff’s Deputy had been deliberately altered in an attempt to defeat Defendant’s claim that sheriffs’ deputies arrested him without the requisite probable cause.  An obvious material alteration to the transcript, “recording” the suppression testimony of Deputy Frank Telatko is found at pages 179-180 of Volume II of the suppression hearing transcript.  The material alteration was made by inserting an incongruous objection from the prosecutor into the transcript, in place of the actual testimony of Deputy Telatko in an attempt to conceal and cover up the fact that sheriffs’ deputies lacked probable cause to arrest Mr. Hartman.

Deputy Telatko’s cross-examination by defense counsel began at page 175 of the transcript.  Between pages 175-180, defense counsel cross-examined Deputy Telatko about the scene and procedures employed by deputies during the arrest of Defendant Hartman, as well as the types of duty weapons the deputies carried that day.

Beginning at Page 179, Line 23, defense counsel posed the following questions to Deputy Telatko:

Q.        And in addition to the three of you coming from the south side where all the trees are, how many other officers responded that day?

A.        There was [sic] two more officers that were north of the residence and another officer that was south of us.

Q.        And which officers were north of the residence?

Before Deputy Telatko could answer the questions, according to the corrupted transcript, an incongruous objection, completely out of the context of defense counsel’s cross-examination, was deliberately and unlawfully inserted into the record.

Beginning now at Page 180, Line 5:

MR. SALISBURY:          Objection.

THE COURT:                   Basis?

MR. SALISBURY:          Relevance.

                                          The motion to suppress has nothing to do with whether he’s been read Miranda or whether he’s advised of his rights and what statements he made.  It has nothing to do with the 9-1-1 tape.

There had been no prior questions directed to Deputy Telatko from defense counsel pertaining in any way to Miranda, the advisement of rights, or the 9-1-1 tape.  Moreover, the colloquy between defense counsel and the judge at Page 180, Lines 15-24, reveals that defense counsel had been addressing with Deputy Telatko the locations of various sheriffs’ deputies at the scene of the arrest.

The misplaced, incongruous objection by the assistant prosecutor had been deliberately and unlawfully inserted into the record in an attempt to conceal and cover up the actual testimony of Deputy Telatko, addressed immediately below.

A copy of Pages 175-180 of the corrupted Volume II testimony of Deputy Telatko is attached hereto as Exhibit Eleven. 

 

WHATEVER HAPPENED TO LAPDOG "PUBLIUS" COLLIER'S CRUDE AND UNPROFESSIONAL REMARKS?

Shown below is the TWELFTH 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:

E.  A Portion of The Suppression Hearing Testimony of

Inspector Hartman Was Deleted From the Transcript.

On August 21, 2009, Inspector Hartman testified in the first session of a four-part suppression hearing.  As defense counsel was examining Inspector Hartman, the assistant prosecutor repeatedly interrupted and attempted to speak over defense counsel, inappropriate courtroom demeanor, to say the least.   On more than one occasion, the trial judge unsuccessfully ordered assistant prosecutor Scott Salisbury to be silent as defense counsel stated her position.  Nevertheless, the prosecutor continued his rants and failed to yield either to the judge or defense counsel.  All the while, assistant prosecutor Matthew [MUSTAFAH FAOUQUOD] Razavi, who had been seated in the gallery, had been repeatedly signaling the judge with “thumbs up.”

Eventually, the trial judge showed signs of anger, having been unable to restrain the prosecutor [SCOTT SLEAZEBURY] who was by now completely out of control.

During the entirety of the exchange between defense counsel, the prosecutor, and the judge, Inspector Hartman sat silently and patiently in the witness stand.  The trial judge eventually stated “Everybody kind of back off a little bit; just a little bit.”

The judge then turned to Inspector Hartman, glared at him, and stated, “You too.”

Then the judge glared once again at Inspector Hartman and shouted angrily to him, “Get out of here!”  The judge then ended the hearing, given the fact that the prosecutor had no witnesses available and was unprepared to meet his burden.

The inappropriate and unprofessional remarks of judge Collier are nowhere to be founding the transcript of the suppression hearing and have been deliberately deleted from the “official” record.  A copy of Inspector Hartman’s August 2, 2011 Affidavit detailing the deletions of the judge’s remarks from the record, previously filed as an attachment to Defendant’s August 4, 2011 Petitioner’s Motion to Correct Transcripts, is attached as Exhibit Ten.

 

THE SMELLL OF FISH FROM LAPDOG COLLIER'S KANGAROO COURTROOM #1 IS OVERWHELMING !

Shown below is the ELEVENTH 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:

D.  Post-Trial Motions Directed Trial Court I to

Concepts and Testimony to Alter in the Transcript.

For the convenience of the Court, this Memorandum will simply summarize some of the evidence presented in the briefs, described above in the above-cited footnote to Mr. Hartman’s appeal brief. This sampling of the evidence demonstrates that tampering occurred and also documents the material nature of the alterations to the corrupted “official” transcript of Mr. Hartman’s Trial I before Judge Collier.

Aside from the serious and fatal suppression issues, the primary issue that defense counsel argued to the Court at the close of the trial was that the judge had deprived Mr. Hartman of a fair trial by limiting and often foreclosing Mr. Hartman’s right to a full and fair cross-examination of the State’s witnesses.  Defense counsel expressly cited to Davis v.Alaska, 415 U.S 308, 318 (1974) (holding Petitioner was denied the right of effective cross-examination which "'would be constitutional error of the first magnitude and no amount of showing of want of prejudice would cure it').  During defense counsel’s argument, the judge winced noticeably when counsel expressly pointed to Davis.

Because Attorney Robert Dixon represented Mr. Hartman on appeal, the undersigned counsel did not have the opportunity to review the Trial I transcripts until preparing to file Mr. Hartman’s petition for post-conviction relief.[1]  When counsel and her investigator reviewed the “official” transcripts of Trial I, the undersigned discovered that someone had completely deleted from the transcript the places where the trial judge had stopped her from questioning the State’s witnesses.

That discovery immediately prompted a closer inspection and review of the materially altered transcript of Mr. Hartman’s Trial I, which disclosed a number of other substantive deletions and alterations to the transcript, set out below.

---

[1]  Defendant had requested the appointment of Ms. Cramer to handle his appeal.  Judge Collier, however, denied that written motion and appointed Attorney Dixon, who was not present for Trial I or any pretrial proceedings.  Thus, he could not know that the transcripts did not reflect what had occurred.

 

LAPDOG "PUBLIUS" COLLIER SEIZES THE MOMENT & OPPORTUNITY TO MATERIALLY ALTER TRANSCRIPTS!

Shown below is the tenth 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:

C.  The Post-Trial Briefs Noticed Trial Court I of the Appellate Issues.

Mr. Hartman filed his post-trial motions with the intent of affording Judge Collier the opportunity to correct his trial “errors.”  Instead, the judge used those briefs as a roadmap to deliberately alter Mr. Hartman’s transcript in an attempt to deprive him of a fair hearing on appeal.

·       November 23, 2009 Motion for Acquittal; Motion for New Trial; Motion for Arrest of Judgment; Motion to Suspend Execution of Sentence; And Motion For Bail Pending Appeal at 12-13.

·         December 17, 2009 Additional Authorities 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 at 33-37.

·          January 4, 2010 Post-Hearing Rebuttal Memorandum With Exhibits at 37, 45.


SO WHILE THE DEFENSE ATTORNEY FILED BRIEFS AFFORDING LAPDOG "PUBLIUS" COLLIER THE OPPORTUNITY TO CORRECT ALL OF HIS NUMEROUS TRIAL ERRORS, ALL OF WHICH TURNED OUT TO BE DELIBERATE "ERRORS," "PUBLIUS" COLLIER SEIZED UPON THE INFORMATION PRESENTED IN THOSE BRIEFS TO MATERIALLY ALTER THE TRANSCRIPT, AIDED AND ABETTED BY HIS MAIN SQUEEZE DONNA "HAVE IT YOUR WAY" GARRITY!

SEE A RECENT COMMENT FROM A READER, BELOW:

"Great site! At least someone has the guts to set the record straight."

PREDICTIONS FOR THE NEW YEAR!

As we ring out the old and ring in the new, it is customary to look forward in anticipation of the fortunes of the new year.  It is also time to dismiss all those resolutions made at the outset of the past year as dismal failures and to formulate new resolutions with renewed resolve.

Here are some prognostications from economic gurus:

1.  GDP growth will exceed 3%.
2.  The stock market will remain "bullish."
3.  Interest rates are likely to remain stable.
4.  Aging young adults will boost the housing market.
5.  Consumer purchasing power is expected to increase.
6.  Unemployment rates are expected to fall below 5%.

With all of those favorable economic predictions, the blogger has formulated his prediction for 2015.

AFTER SERIOUS CONSIDERATION, AND BASED UPON ALL OF THE AVAILABLE EVIDENCE, THE BLOGGER IS SO BOLD AS TO MAKE HIS ONE AND ONLY PREDICTION FOR THE CALENDAR YEAR 2015:

BY THIS TIME NEXT YEAR, LAPDOG MEDINA JUDGE CHRISTOPHER "PUBLIUS" CALAFATO-COLLIER WILL NO LONGER BE SEATED ON THE BENCH OF THE MEDINA COUNTY COURT OF COMMON PLEAS!

IT WILL, INDEED, BE A MUCH HAPPIER NEW YEAR WITH THIS LOW-RENT LOW-LIFE GONE FROM "PUBLIC LIFE."