Wednesday, October 13, 2010

INTERESTING CAMPAIGN ADVERTISING BY MEDINA COUNTY REPUBLICANS

I have just made a rather interesting discovery that I would like to share.  I went to the website of the Medina Republican Party.  The site can be accessed at http://www.medinagop.org/

On the Medina Republican Party website, you will find a listing of all Republican candidates standing for election.  Most all of them cite the accomplishments and aspirations of the candidates.

What I find really interesting that, although COLLIER is listed as a Republican candidate for judge ("running" unopposed, by the way), they have nothing good to say about COLLIER at all.  It would seem that COLLIER has no "accomplishments" to tout.

Perhaps the Medina GOP considers COLLIER to be a Democrat in Republican clothing, given his complete and total acquiescence and submission to Holman and Sleazebury in his courtroom.

Telling, isn't it?

Nevertheless, the Medina GOP delights in the fact that they have one of two seats on the bench in the Medina County courthouse.  I believe that is called a Pyrrhic victory.

WADSWORTH MUNICIPAL COURT, WHERE THE FLAWED PROCESS BEGINS

Perhaps it is time to start at the beginning of the flawed and unconstitutional judicial process that occurs daily in Medina County with a look at the Wadsworth Municipal Court.

Judge Stephen McIlvaine "presides" over the municipal court.  Like most of these "judges," McIlvaine was appointed to the bench by then-Governor George Voinovich, currently a sitting United States Senator.
Should you desire to follow this link http://wadsworthmunicipalcourt.com/index.php?option=com_content&task=view&id=110&Itemid=158, you will go to the court website which sets out McIlvaine's sterling qualifications to sit in judgment, including being voted "Boss of the Year" in 1994 by that prestigious group, the Medina County Legal Secretaries Association.

Particularly impressive is the fact that McIlvaine is on the faculty of the Ohio Supreme Court Judicial College.  Form his stated resume, McIlvaine instructs (apparently rookie judges) on such matters as Preliminary Hearings and Initial Appearances.  Further, McIlvaine touts that he is on the Steering Committee which plans yearly educational programs for the Ohio Supreme Court.

This all really grand, except for the fact that McIlvaine has not a clue when it comes to Initial Appearances and Preliminary Hearings.  Perhaps he's learned all he knows from Dino Holman and Chris COLLIER.

Ohio Rules of Criminal Procedure, Rule 3, found at http://www.supremecourt.ohio.gov/LegalResources/Rules/criminal/CriminalProcedure.pdf expressly states:


RULE 3. Complaint 

 The complaint is a written statement of the essential facts constituting the offense 
charged.  It shall also state the numerical designation of the applicable statute or ordinance.  It 
shall be made upon oath before any person authorized by law to administer oaths. 

[Effective:  July 1, 1973.] 


Now, what that means in plains language is that the complaining sheriff's deputy/police officer is required  to set out in  a criminal complaint a statement of essential facts which articulate his reasonable belief that the person arrested or to be arrested has committed a specific offense.  


You can personally go to the Clerk of Court, at Wadsworth Municipal Court, and ask to see any criminal file, perhaps even your own.  You will not find one criminal complaint filed with the Wadsworth Municipal Court that sets out the required statement of essential facts, essentially who allegedly did what.


Now, Rule 3 as currently constituted has only been in force for the past 37 years, since 1973.  It must take McIlvaine a little more time than most to catch up with the current state of the law.  Probably because he's to busy teaching other judges to do it his way, the wrong way!

You'd think that McIlvaine, being an instructor on the faculty of the Ohio Supreme Court as he is, would pick up on the minor fact that each and every criminal complaint and arrest warrant issued by the Wadsworth Municipal Court is defective and fatally flawed, wouldn't you?


What that means to you, the average citizen, is that if you have been prosecuted in Wadsworth for any criminal offense, your conviction may very well fall on the basis of a violation of Rule 3 of the Ohio Rules of Criminal Procedure and the Fourth Amendment to the United States Constitution.  Simply put, a bad arrest (by virtue of a defective warrant) means the case should have been thrown out in a proper court by a proper judge.


Also, the United States Supreme Court has ruled that a criminal complaint must be reviewed and assessed for probable cause by a neutral and detached judicial officer before an arrest warrant shall issue.  McIlvaine, the faculty instructor, never sees, much less reviews, criminal complaints and arrest warrants issued by the Wadsworth Municipal Court until a defendant makes a first appearance.  Sheriff's deputies simply file their criminal complaints with the Clerk of Court, without review for probable cause by a judicial officer.


You'd think that, McIlvaine, the expert on Initial Appearances and Preliminary Hearings, might just have an inkling that the law requires him to review those criminal complaints for probable cause before issuing arrest warrants, wouldn't you?


I suppose I can understand why McIlvaine, a judge of the municipal court, would not want to waste his precious personal time complying with the law and affording some "criminal" his/her constitutional rights.  After all, if he/she has been arrested, he/she must be guilty of something, even if not of the  charged offense.


Then, there is the matter of the matter of the jurat, or oath, that a sheriff's deputy is required, by law, to swear when filing a criminal complaint before the Wadsworth Municipal Court.  I suppose, by now, you have probably guessed that Medina County sheriff's deputies do not routinely swear to the truth of the criminal complaints, which are defective in the first place.  You, of course, are absolutely correct!


You'd think that since being appointed to the bench in 1997, McIlvaine would have caught on in the intervening 13 years that officers are required to swear an oath when presenting criminal complaints for review.










Perhaps McIlvaine is just a slow learner, but then again, if he never reviews criminal complaints for probable cause, he would certainly not be in a position to administer an oath to a sheriff's deputy whose criminal complaint doesn't contain any of the requisite essential facts (probable cause) anyway.


It is very important for your to know that in State v. Green, (1988), 48 Ohio App. 3d 121 (you can Google this case cite), the Court held, "Where a charging officer signs a (criminal) complaint but fails to execute the jurat (oath), such complaint is void and any conviction resulting therefrom is also void. (Crim R. 3 applied.)"


What that means to you is that if you have been convicted, either by plea or by jury, in a proceeding in the Wadsworth Municipal Court based upon an unsworn criminal complaint, YOUR CONVICTION CAN AND SHOULD BE VACATED! (see State v Green, as above)


Of course, the prosecutors and judges of Medina County don't want you to know about his little nuance in the law.  In fact, COLLIER has simply brushed this violation aside as if of no consequence! After all, the Fourth Amendment to the U.S. Constitution, which provides that no warrant shall issue but for probable cause upon oath or affirmation, HAS NO VALUE IN THE MEDINA COUNTY COURT SYSTEM!  Such is the state of the law in Medina County according to COLLIER.


Of course, reasonable minds would conclude, based upon the real state of the law outside Medina County, that if the arrest fails on account of an invalid, deficient, and void arrest warrant, then any evidence seized pursuant to an invalid arrest must fall as "fruits of the poisonous tree" as held by the U.S. 
Supreme Court in Mapp v. Ohio. Not COLLIER, no sirree!  After all, what does the U.S. Supreme Court know about the state of the law in Medina County?


If this wasn't such an affront to the law and your constitutional rights, this would be funny!  These people can't get the first thing right... or lawful!


Following, you will find examples of the typical defective criminal complaints routinely filed by sheriff's deputies in the Wadsworth Municipal Court, followed by a properly constructed criminal complaint.


This will give you something to go by in the event that you wish to take the time and trouble to visit the office of the Clerk of Court and request to look at your file.  


By the way, the same holds true for Dale Chase as well, judge of the Medina Municipal Court.  Officers file the same defective complaints and warrants, under the same procedures, there as well.


MUCH MORE TO COME ...





Tuesday, October 12, 2010

THE UNIFORM OF THE DAY IS FINALLY REVEALED

Ohio Pub and Tea Party sipper Richard Lott (third from left), a candidate for the U.S. House of Representatives, unveiled the Medina County Uniform of the Day.  It is no small irony, given the fascism that has pervaded the Medina County court system for so many years.  If you've ever wondered what COLLIER wears beneath those flowing black robes, now you know!

Sunday, October 10, 2010

WHAT CAN YOU DO TO RESTORE YOUR CONSTITUTIONAL RIGHTS?

Before we advance further into the grime and corruption of the Medina County system of injustice, and believe me there is much to expose, you need to know what YOU can do to restore YOUR CONSTITUTIONAL RIGHTS!


As a preliminary matter, you should know that your local state politicians have absolutely no interest in restoring your constitutional protections.  They are sitting, fat, dumb and happy, living off the public dole and care not for you, the average citizen.


The only effective way to restore your constitutional rights is by direct action from the FEDERAL GOVERNMENT.  Since you are being deprived of your rights guaranteed by the United States Constitution, the Federal Government has jurisdiction.


You can see by the recent turn of events in Cuyahoga County, the Federal Government is equipped and adept at purging public corruption at the local level.


In order to address these violations of your constitutional protections, I urge you to take a moment to contact our elected U.S. Senators and U.S. Congressman, informing them of the corruption in Medina County, which deprives each and every citizen of his/her constitutional protections.  You may refer them to this blog, if you like.


If you do not reside in Medina County, but are concerned about the erosion of your civil rights by local government, I encourage you to contact these same Federal office-holders.


Urge the Congressman and Senators to request a formal investigation of the Medina County court system by the United States Justice Department, which is equipped to investigate and bring prosecutions involving public corruption.


In the event that you have contacted your federal office-holders, please be so kind as to let us know that you have done so.  We need your support to form a local grassroots movement to restore integrity and justice to the Medina County court system.  You may email us at  medina.corruption@gmail.com.


Below is the contact information for Senators Brown and Voinovich, and Congressman Boccieri:

Honorable George Voinovich
United States Senate
524 Hart Senate Office Building
Washington, D.C.  20510-3503
Phone: (202) 224-3353
Fax: (202) 228-1382
Email Contact at Website:  http://voinovich.senate.gov/public/index.cfm

Honorable Sherrod Brown
United States Senate
713 Hart Senate Office Building
Washington, D.C.  205110
Phone: (202) 224-2315
Fax: (202) 228-6321
Email Contact at Website:  http://brown.senate.gov/contact/

Honorable John Boccieri
United States House of Representatives
1516 Longworth House Office Building
Phone: (202) 225-3876
Email Contact at Website:  https://forms.house.gov/boccieri/webforms/issue_subscribe.htm

Please join us in our fight to restore justice and YOUR CONSTITUTIONAL RIGHTS!


MUCH MORE TO COME...




CORRUPTION REIGNS IN THE MEDINA COUNTY CRIMINAL INJUSTICE SYSTEM

I have learned, through bitter experience, that, as a citizen of Medina County, Ohio, YOU HAVE NO CONSTITUTIONAL RIGHTS AND PROTECTIONS!


Tragically, the judges of the Medina County courts, and most notably judge CHRISTOPHER COLLIER, disregard the United States Constitution, the Constitution of the State of Ohio, and the law as they pompously preside over their little fiefdoms as if they were kings of the realm.

Citizens of Medina County, and others, are daily being deprived of their protections guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution when they appear before these kings of the realm in the courts of Medina County.


The state of the criminal injustice system is so appalling, it is difficult to know where to begin.

As a fundamental matter, poorly trained sheriff's deputies who do not know the law have poor judgment and make bad arrests. Someone needs to inform these officers that a valid and legal arrest requires that the officer have probable cause.  These deputies need a little education and training in this regard.  It is not enough to simply suspect an individual committed an offense, make an unlawful arrest, and then sort it out later.

The law requires that an officer have a substantial basis for making an arrest, with or without a warrant, although admittedly the law holds little sway with the prosecutors and judges in this county.  In sum, sloppy police work leads to bad arrests, at least in the real world outside Medina County.

County Prosecutor Dean Holman and his criminal assistants (an appropriate characterization) own the judges, who dance to  Holman's tune.  If, for example, Holman says "jump," COLLIER asks "How high?"  I have witnessed it firsthand.

COLLIER dare not rule in accord with the law for fear of offending Holman and risk losing his lifetime appointment to the bench.  If  COLLIER were to offend Dem Holman, then the Dems would run an opponent against Pub COLLIER in a general election.  If he were to lose an election, COLLIER would then have to go out and earn an honest living.

I suppose you believed that only Federal judges (real judges) were appointed for life.  That might be true elsewhere, but not in Medina County.  Let me explain.

COLLIER was hand-picked to fill the unexpired term of Bill Batchelder who moved on to another political post in 1998.  Since that time, by virtue of an unholy power-sharing arrangement between Dems and Pubs, COLLIER has "run" for office of judge unopposed in general elections since, up to and including the present election.

Now you may find all of this hard to believe.  However, you can go to the Medina County Board of Elections, as I did, and confirm this fact for yourself.

COLLIER has been so sure that he would not be opposed by a Dem opponent that he never formed a campaign committee, solicited campaign funds, or spent any money seeking "re-election."  In order to satisfy yourself of this very fact, you need go only to the website of the Secretary of State, found at http://www.sos.state.oh.us/SOS/candidates.aspx  where you can do a search on COLLIER and confirm the above.

I, however, to be sure of the facts, went to the Medina County Board of Elections where board personnel confirmed to me that COLLIER has never formed a campaign committee or filed any campaign finance reports.  Now that's real confidence!

So, it is reasonable to conclude, based upon the facts, that COLLIER clearly expected that he would not be opposed by  a Dem in a general election.

It certainly smacks of a conspiracy between Dems and Pubs, doesn't it?

Now it's time for a short quiz.

QUESTION: How many people does it take to change a light bulb in the Medina County Courthouse?

ANSWER:  Three!  Kimbler to climb the ladder and hold the light bulb in the socket; COLLIER to rotate the ladder; and Holman to tell COLLIER which way to turn!

MORE TO COME....

Friday, October 8, 2010

THE LOCAL POLITICAL SLUGS WHO CARE NOT FOR YOUR CONSTITUTIONAL PROTECTIONS

 The General Election is jut right around the corner and politicians are everywhere pledging to represent you in office.  What they really mean is that they want you vote so that they can continue to reap the rewards of sucking off the public teat while doing little or nothing for you.

Below are some of the local politicos have been made aware of the violations of your constitutional rights by the prosecutors and judges in Medina County.  Would you care to guess the response received from each of them?  ABSOLUTELY ZIP, ZERO, NADA, NOTHING! 


Interestingly, they are Pubs, one and all!  These are devotees of the Tea Party.  Right!!!  What that really means that they are sitting around, sipping tea on your tax dollars, as you struggle to get by, day to day.


When it comes time to vote, it would be best for the community to throw all of these bums out.  These Tea Party activists would clearly abolish the U.S Constitution in favor of fascism.  They have made giant strides toward this objective in the criminal injustice system of Medina County.


I would recommend that you vote for the opponent of each of these worthless incumbents.  If one or more of them runs unopposed, which seems more than likely given the power-sharing arrangement agreed by Dems and Pubs as in the case of COLLIER, I recommend withholding your vote from any of the unopposed candidates.
                                                                                                                                                                       
Bill Batchelder, State Rep. - a lifetime politician who had enough drag to get his wife appointed to the position of federal judge, but takes no interest in   
the violation of your constitutional rights as a citizen of Medina County.  This                               
guy is nothing more than a typical politician in an empty suit.








Bob Gibbs, State Senator - a retired pig former who decided to get into politics.  It seems as though he never left his chosen life's work when he went into the state
       senate.



 Dave Hall, State Rep. - A first-termer and political wannabe.  Used to be the Holmes County Recreation Director.  He must be too busy counting the basketballs in Holmes County to address constitutional issues in Medina County, a part of which is in his district.











Patricia Geissman, Medina County Commissioner - Her campaign website has glowing endorsements, at least one of them from a dead guy.  Very impressive.  Pat seems to have been real busy securing a loan for home improvements through a county program for which, as a county official, she was ineligible.  Pat is the liaison between the county commissioners and the office of major slug county prosecutor  Dean Holman.  Dean is supposed to determine whether Pat violated the law when she obtained the home improvement loan.  Can you guess how that will turn out?














It seems timely to have drawn your attention to these politicians before the election.  I will turn shortly to Dean Holman, a major slug in Medina County politics, who should not only be voted out of office, but sent to prison as well for obstructing justice.  More on that subject in the future.


MORE TO COME...