Thursday, May 31, 2018

Brown County Gusweiler's DeathSquad Coverup Hits the Fan in Federal Court Wrongful Death Case

Anyone that was around Brown County in 2013-15 will remember all the days when they couldn't open the local newspapers without seeing mention about the 'Death in Brown County's Jail' or Zachary Goldson.

The jail and the Coroner had differing opinions over whether the death was a suicide or a homicide. The Coroner stood alone.

Brown County courts denied the then Coroner Judith Varnau a chance to hold *another* inquest over the death, despite there NOT having been a 1st inquest into the matter. Which also kept Zachary's mother from getting any closure over the properly coroner-declared homicide.

Media coverage has died down over the years and it would be easy to think that everything's blown over...except there's a Wrongful Death Case IN FEDERAL COURT (not Gusweilers' court) against the accused deputies still ongoing as filed by Zachary's momma (Christy Dennis) and family -- technically by the administrator for Zachary's estate Ashley Bard.


The latest round of court documents caught our interest. The Defendants' (the DeathSquad) Lawyers have filed for summary judgment, stating all the evidence against their clients was mere 'opinion.'


How about we take a look at what could be some very damning 'opinions'?


1st: There are 'opinions' of other law enforcement individuals, including Hamersville's own Police Chief, that the mark around Zachary Goldson's neck looked more like it came from 'a dog leash' and another law enforcement member suggested a similar but more relevant possibility would be a hobble strap -- USED AS A COLLAR, not its intended use. A hobble is a strap used by police for additional restraint of legs when transported in cruisers, so that the leash end can anchor and prevent the shackled legs of the apprehendee from kicking out the vehicle's windows. Use as a 'collar' is forbidden.
FURTHERMORE it was other law officer's opinions that A bunched-up sheet wouldn't make as smooth edged, narrow, even-width mark as was present on Mr. Goldson's throat. And that mark wasn't there when they roughly dragged Mr Goldson through the entry room on the surveillance video, so where did it come from?



2nd: The sheriff's chief deputy removed (for 'upgrading') the sprinkler head that they claimed Mr. Goldson hung himself from before the investigation of said sprinkler could be conducted for any court cases that could follow. As such any re-creation of events done in that cell would be problematic. (A felony of evidence destruction) However, a Mr Scott G Roder and his staff (who do forensic scene reconstruction for a living) made a re-creation of Cell 15 that Mr. Goldson supposedly hung himself in. And as part of the court-case discovery process they produced calculations and video evidence of their attempts to reach across the open space to the sprinkler and tie the required knots while standing on the rim of the cell's sink and leaning at that difficult angle, without using one hand on the ceiling to counter the leaning-angle since both hands were needed to work on prying and tying. Not possible. All confirmed by the sprinkler system providers as well who insisted that, additionally a tool of some kind would be needed, while wrestling with the sheet, to pry the escutcheon of the sprinkler away from the ceiling where the installers tighten them securely for their profession's safety reasons.


3rd: Now this gets really damning of the deputies' honesty. The currently existing copy of the security hall video (which was unprofessionally at best in the extended custody of the suspected deputies) does, at least, have the scene of the deputies entering and exiting the cell after they supposedly took the cuffs and shackles off of Mr Goldson and left him in the cell. Close examination of the scenes shows that there is a severe discrepancy in their testimony as there were no shackles and only two of the sets of cuffs and a transport belt they had used on him in anyone's hands, pockets, belts etc when they came out.

What were the cuffs and shackles still doing while no one was watching the alleged attempt to climb (barefoot since they did take his shoes out of the cell) and wrestle with sheets and sprinkler heads????

And furthermore there was testimony from a reception phone area deputy that said the murder suspects had to retrieve 'the cuffs' per her information from the phone message among the deputies after they'd split up to regular duties before 'discovering' the poor victim.

The hall video even shows them stare more downward than upward when supposedly looking at the victim in the claimed 'hanging-discovery' scene. Totally at odds with the depositions the death-squad gave to the BCI interrogators in charge of the initial investigation. How is this a matter of 'opinion'?

4th: But this is the bit of evidence we find most interesting...and would want to know how it could possibly be an 'opinion'? Long before all this drama started, as a kid, Zachary was in an incident that electrocuted the middle finger of his left hand, leaving parts of the hand including the finger weaker and difficult to handle. Anyone that looks at Mr. Goldson's fingerprints on file can see the weakness in the middle finger. And there they are,

Now let's think about tying the knots required for Mr. Goldson to hang himself. If you tried doing it one-handed how far would you get, how long would it take and how much help would a damaged left hand help in the matter. Especially if you factor in all the other events that'd taken place beforehand and would need to take place for him to reach the sprinkler head to tie the sheet around it. Doubly especially when there was even that testimony from the sprinkler's installer that all such heads are directly flush against the ceiling, making there not be enough room for a thick, bunched up sheet to be squeezed in-between without a lot of manual work for prying and tool use.

This leaves evidence and 'opinions' sounding quite damning despite this all being 'just' a Wrongful Death case, coming ingeniously to likely 'homicide' conclusions
      even after the state appointed (DeWine’s) 'special prosecutor' Daniel ‘Woody’ Breyer manipulated a sweeping show til the grand jury unlawfully decided it was 'suicide', not just that the suspects were not indictable,
      AND
      worse, after the county's own judge Gusweiler is still prohibiting, under threat of contempt of court, the then coroner Dr. Judith Varnau from continuing her investigating according to her sworn statutory duty,
      AND
      even after coming on top of the Death squad's own lawsuit demanding the Coroner's lawful work was violating their civil rights (a case still pending in FEDERAL COURT also, if any of these Federal Law Enforcers are allowed to notice this wrongful death data, rotfl at what's about to hit the fan). CAUGHT! AT LAST.
ROTFL, as Gusweiler is hopefully limited in his threats of contempt of court jailtime against the former Coroner on top of his already imposed $7grand for working at her private files.

Surely this is the reason that the Common Law Coroners were designated to protect the rights of the deceased, and Brown County used to have such a Coroner. Now the County is back to having a coroner per ohio law that only comes to death scenes when invited. Too bad.... But at least we can hope for the arrival of the US Marshal, making the swat team visits to the courthouse, the Sheriff's Deputies offices and wherever else the Death Squad and collaborators are now.... ttyl

Thursday, June 11, 2015

Gusweiler Reads Neither the Law Nor the Filings -- Here's the Proof

Is there no end to this tragic-comedy?

Just this month, the infamous Judge Gusweiler -- accused rightfully of adjudicating under some influence -- just proved my point.

Look at these 'Rulings':

1-- CIRCULAR REASONING -- Eagle had filed a motion to dismiss this case for a dozen unopposable reasons, from the assorted list of invalid claims in the DeathSquad lawyers bases. Including that they had already filed a case on the same issues in federal court and this current case was pitting one court against the other court since courts could differ in their orders. ROTFL as we picture the DUEL OF THE GAVELS... the DeathSquad lawyers live in the land of the grossly absurd.

But never fear the DeathSquad's Judge (Gusweiler of course is in their pocket as is clear already, see earlier posts) is on guard, ready with more strawmen and invalid fact-finding about 'second inquests' when the first was not completed.....

Obviously they have no confidence in any hold on the Federal Court Judge Barrett since that whole filing at Federal Court was just to smear the Coroner as her evidence was about to be presented to the local GrandJury looking at whether there was sufficient evidence to INDICT THE DEATHSQUAD, nothing more will be needed from that court of Southern Ohio....

SO HOW DID GUSWEILER EVADE THE EVIDENCE AND LOGIC AND CASE LAW?

Well just look at this 'ruling'



When you look at his referenced April 14th "Decision and Entry", and look to see what is the grand justification for this current argument (since the earlier one is all that is asserted), you find NADA.... LITERALLY IN THAT APRIL 14TH WORK, GUSWEILER AGAIN STATES A NAKED CONCLUSION, NOT A SHRED OF DECENT HINT OF THOUGHT ON AN ARGUMENT...

To be precise, all Gusweiler said on April 14th was
    "The Court finds that there is great likelihood that Plaintiffs will prevail in their Declaratory Judgment Action in these cases"


That's it, that's all, no fact-finding to identify the needed single issue of law under dispute and that the rest of the facts are 'relatively undisputed' by the world of logical arguing...

That's what is needed to 'succeed' in a Declaratory Judgment... without that, the case GOES TO BENCH TRIAL --with Jury in Federal Court, or whereever the 'cases' are that Gusweiler is inadvertently referencing among the battle of the gavels stirred up as mudslinging frivolity.....

And then Gusweiler HAS THE NERVE TO STATE THAT HE'S GOING TO **INCORPORATE THOSE FINDINGS** IN THIS CURRENT RULING...... boldly implying that there was anything existing in the April document that could be incorporated anywhere... except his prejudice... oh my.. Yup, now I see it, it's on the head of that pin prick at the end of the paragraph.... OY!!!! {/end of sarcasm attack}

Do you see that anywhere to be 'found' and 'incorporated'??? FAKERY

How can anybody stand such fraud on the court? Have these judges, like Gusweiler, recognized the possibility that no one in the law profession ever really does examine how far wrong a case could go and so it's safe to pad any situation with such fraud and expect to walk freely and even get re-elected??

The circular reasoning in this circle of zero dimension is so obviously a display of HOW A CRIMINAL IN BLACK ROBES CAN CAUSE THEIR PREJUDICE TO BECOME REALITY IN ORDER TO JUSTIFY THEIR CRIME -- STRAIGHT REPETITION OF FALSEHOODS IN ORDER TO CONVINCE THE PUBLIC OF THAT FAKERY AS BEING REAL... straight from books on propaganda tactics... repetition becomes weight of a public's ill-formed opinion

Shall we let the public drink the koolaid? No we don't adore the 'public mind' but it's untolerable to think they are not suspicious yet.....

So maybe the next ruling will make them stronger...

2--GUSWEILER NEITHER READS THE LAW BOOKS NOR EVEN THE FILINGS -- and that's the most generous assessment possible to make of what he did in the ruling on the Motion to protect the Coroner's files from unauthorized access.....

You'll recall the hearing-ambush and the video evidence that the Death-Squad's lawyer stole from the Coroner's private files using the location that he tormented the weak Rob Junk to expose... yeah that Rob Junk who was supposed to be one of the Coroner's own lawyers. Granted he was a 'volunteer' to relieve the BC Prosecutor of her OBLIGATION to serve the County's officeholders so she enlisted Junk to do her chores and he obliged with the knowledge that the Coroner's own family lawyer (Eagle) was already doing all the litigating and needed no other fingers in the stew.....

After the turmoil --of the sudden appearance of one of the Coroner's WORK DATA FILES from her PRIVATE SPACE in the Coroner's ONLINE CLOUD STORAGE-- got thoroughly in an uproar as being THEFT OF OFFICIAL WORK FILES BY THE DEATH-SQUAD'S LAWYER, that thief revealed that he'd gotten the address of the file from Junk, which fact he had concealed for the ambush til after he'd smeared the Coroner with false claims that she was violating the court order to cease CONVENING AN INQUEST...

All of these facts on events were FULLY ADMITTED IN THE DEATHSQUAD'S LAWYERS' AFFIDAVIT.... YES A REAL, UNDER OATH AFFIDAVIT FROM ONE OF THE OPPONENTS' **LAWYERS** ...... as well as fully delineated in the opponents' FILING... and hence appeared TWICE among the "INTERESTING ARGUMENTS PROPOUNDED" AS GUSWEILER CALLS IT in his ruling..... lol.....

Yet after boldly claiming that he'd enjoyed those "interesting arguments" being propounded, Gusweiler comes right out and says what is TOTALLY INCOMPATIBLE WITH ANY IDEA THAT HE HAD READ ANY OF THE FILINGS,,,

See for yourself, Gusweiler unbelievably says that the fact that the files had been stolen was a matter to be resolved BETWEEN THE DEFENDANT AND HER I.T. PROVIDER .. ROTFL...



The esteemed Court has been again defiled...... BY GUSWEILER... ON **MULTIPLE LEVELS**...

He not only ignorantly OR ARTFULLY (your guesstimate) expects the public record to accept that lawyers stealing files from an opponent is OK UNDER THE LAW, or he is attempting to pretend he has EXCUSABLY MADE A MISJUDGMENT DUE TO MISUNDERSTANDING THE COMPLICATED ONLINE ARCHITECTURE WHEN THE FACTS OF THE THEFT WERE IN THE FILINGS TWICE IN FULL DETAIL..... take your pick, artful or incompetence or inexcusable failure to read the filings on which he is purportedly making rulings....

Gusweiler agrees that the files were STOLEN... the DeathSquads' lawyer had the files that were supposedly unavailable to the public.... he literally says that..... WHERE IS GUSWEILER'S LAW TRAINING, WHERE IS HIS UNDERSTANDING OF UNHOLY VIOLATIONS OF HUMAN RIGHTS CONSECRATED IN THE RULE OF LAW IN THE U.S.A. IN OUR CONSTITUTION AS PRIVACY RIGHTS.....

One of the bloodhounds proposes this analogy for WHAT A JUDGE IN AN AMERICAN COURT OF LAW WOULD BE OBLIGATED TO EMPLOY:

    Suppose the Coroner had her work-vehicle parked on her driveway BEHIND SOME BUSHES, NOT EVEN TAKING IT OUT ON THE ROAD, but 'someone' snitched on the vehicle's owner by simply relaying the idea that the Coroner's unpaid assistant was working on the engine with obvious intent to have a drivable vehicle.... and the person the snitch told was a law-trained member of the community who decidedly wanted to stop work on that vehicle.

    Next suppose that the Court had said that the Coroner could not drive the work-vehicle around and do her obligated chores (as Gusweiler has done)....

    Furthermore that snitch said that the coroner's assistant kept the key under the doormat... all those pieces of information are then in the hands of a law-trained member of the community...

    what would be the ONLY APPROVABLE *LEGAL* WAY TO TAKE CONTROL OF THE VEHICLE???

    why of course, any 1st year law student would tell you that the LAW-TRAINED opponent would go to law enforcement officers AND LAW ENFORCEMENT WOULD GET A ***WARRANT*** FROM A **COURT** TO SEARCH AND SEIZE THAT WORK-VEHICLE FROM ITS PARKED LOCATION ON PRIVATE PROPERTY USING THE KEY.... Agreed?

    ANY LAW ABIDING CITIZEN SHOULD AGREE AND PERFORM THE REQUEST FROM LAW ENFORCEMENT FOR A WARRANT......agreed?

        ???


    ANYONE WHO SIMPLY USED THE KEY TO STEAL THE CAR IS A CAR-THIEF, A FELON -- IN FACT EVEN MORE CULPABLE AS HAVING BEEN FULLY LAW TRAINED INDEED....

    AND ANYONE WHO AIDED AND ALLOWED THAT FELON-THIEF TO ESCAPE AND WALK AWAY FROM FELONY CHARGES IS ALSO A FELON....... Agreed?

    Arrest Gusweiler. Arrest Phillips. Call the SHERIFF'S MEN ...... rotflmhoas


    !!!


Gusweiler shows no recognition of having meant any part of his Oath of Office, nor his law license requirements. Throw the bloke in the river and see if he can swim any better than he can adjudicate... oh my, shades of domestic terrorism? Shades of Kaczynski? Shades of the Unabomber? Call the Sheriff's men.. rotfl

So what's your conclusion? Inexcusable laziness at logic and reading? Ignorance of the Rule of Law and it's constitutional requirements? OR ARTFUL CRIME IN ACTION TO DEPRIVE US OF JUSTICE?

I think the evidence is accumulating that favors the artful crime explanation, though clearly having an inexcusable prejudice while pretending to adjudicate instead of recusing himself would also lead to stonewalling the reading required with the judge-benefit of less work needed, allowing more focus on the art of cheating... But that says that Gusweiler is totally cynically engaging in fraud in judge's robes with likely full knowledge that he's IMMUNE from CONSEQUENCES set in place by his fellow LAWYERS IN THE LEGISLATURE with the excuse that holy justice required that judges not fear consequences...... rotfcas.....

To confirm this cynical criminal attitude, we'd add that Gusweiler displays total ignorance of logic OR TOTAL TYRANNICAL POMPOSITY in his peak fit of invalid demands when he imposed the 'injunction' forbidding the Coroner to DO ANYTHING WITH THE GOLDSON CASE

Gusweiler puffed himself up into a real fever pitch with his gavel waving in the air, threatening he would send the Sheriff's men to make his demanding threats have force...
    "The Court does want to make its Order abundantly clear at this time. There is one action and one action only that" the lowly ORC-creature female Judith Varnau "may take with respect to the death of Zachary Goldson. " She may grovel and beg and "petition" me the mighty "Brown County Court of Common Pleas to change the cause of death... to something other than'" her annoying medical opinion that it was "homicide by strangulation".
....

Don't you agree he was having a good ol fantasy... BECAUSE THAT ISN'T WHAT THE LAW REALLY SAYS.... NOR WHAT CASE LAW SAYS EVEN CLEARER..... Judge for yourself, here's the text from a recent case in the 8th District Ohio Appeal Court...



So did Gusweiler *just* stupidly misread the statute OR is the total picture of his bombastic delivery give away that Gusweiler was thwarted in his power grabbing attempt to control what the Coroner was allowed to do... so frustrated that he puffed himself up and twisted the statutes to bamboozle the ignorant Brown County NEWSPAPER EDITORS into mouthing his threats as if it was HOLY LAW..?

Which you will see is EXACTLY WHAT STUPIDLY MONEY-GROVELING WAYNE GATES DID,,, TWICE ON THIS POMPOUS THREAT ALONE.... Gates needs those Sheriff Sale advertisement pages to fund his multi section weekend paper, to the demise of the not-sufficiently equally groveling News Democrat who used to have the advertising revenues to afford multisection weekend publications back when the ND was carrying the Sheriff's ads........

How can they stand it?

How can Brown Countians stand it?

Wouldn't it be grand if Brown County could find a judge like the one in this news story from Truth in Media
    A transcript of the March 2014 hearing quoted the judge as saying in the courtroom following the revelation (video evidence), "All four officers lied on the stand today. ... All their testimony was a lie. So there's strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie. ...Many, many, many, many times they all lied."
So now all four are charged with Felony Perjury.... WOW, don't we faint from wanting such justice here...

Well it looks like the TIME MAY HAVE COME WHEN THE PEOPLE OF BROWN COUNTY CAN WEIGH IN ON SLAPPING DOWN A SHERIFF WHO MISPERFORMS AS BADLY AS WENNINGER DOES -- WITHOUT WAITING FOR 2016 NOVEMBER WHEN HE'S UP FOR RE-ELECTION....

MORE ON THAT LATER... OR SOONEST WE CAN, NEXT POSTING.... TTYL



Tuesday, May 26, 2015

Quality of Brown County Adjudication -- NADA, all AUI -- the infamous Adjudicating Under the Influence

QUALITY of BROWN COUNTY ADJUDICATION --- NADA

GUSWEILER HIDES BEHIND STRAWMEN -- REVEALING THE GAME AT FEDERAL COURT LAST AUGUST

AND Boss-Shadle is Exposed By Gusweiler's Strawman -- and Sheriff Wenninger crawls in shame of association


LET THE EXAMINING BEGIN

First let's recap where we stand as of the moment, having analysed Judge Gusweiler's recent 'Decision' on the issues of
    1) replacing the 'restraining order' on the Coroner's investigation plans with an INJUNCTION for which he pretended to have the requisite 4 necessary points when he barely had 1 (maybe 2 if you gave him credit for circular reasoning in CAUSING the needed precondition with the imposed injunction)

    2) quashing all the coroner's already issued Subpoenas
    and

    3) extending the Contempt of Court THREAT against the coroner if she even breaths anything with Goldson's name on it.
.... along with a strong response by Zachary's Momma (releasing everything she could get from the Coroner's files in her role as next-of-kin, several bombshells)

-- as well as a second bombshell by Eagle (the coroner's lawyer) with his knockout 'Supplemental Authority' filing ('reminding' Gusweiler of the Curtis murder trial in which Gusweiler's attitude. as well as the Appeal Court's, contradicted his attitude here)...

We have now been waiting for the dust to settle on that Richard Curtis Murder Case 'reminder'... expecting the opposition's writhing and imagining how Gusweiler would slither out (with or without their help)... meanwhile analysing the Coroner's email history (that Zach's Momma had gotten) of the SO and BCI STONEWALLING instead of law-obligated co-operation with the Coroner's investigation. Seeing clearly that Gusweiler had failed to enforce the Coroner's subpoena to the SO (care of Chief Deputy Boss Shadle withholding subpoenaed evidence) for the hallway video cam evidence, aided by (feigned or real) incompetence on the face of Shadle's Babe Prosecutor Little (delaying by saying she couldn't do the subpoenas until she found someone in another county who knew how, wow.... til the Coroner wrote the subpoenas herself).

Those were the April 9th's posting and the 3rd of May's posting....


So yeah, now for the examining... we have two big new bombshells.


ONE -- RICHARD CURTIS WANTS COPIES OF THE FILINGS in this Varnau case
... his request just arrived at the Clerk's office at the end of last week, straight from Marion Ohio's Correctional Facility. Yes, the Curtis-Murder-Trial Curtis....that Curtis...

How did he find out and better yet, it would seem that he might have plans to conjure a Supreme Court filing to test what the Group of Seven would think of Gusweiler's change of attitude on Coroner's investigating cases after the Death Certificate is done, and maybe whether Coroner's are mere artifacts of statute like Gusweiler now wants to smear the Coroner with.

Do you suppose Gusweiler wants the Group of Seven raising eyebrows over his slithering? lol. Slither Gusweiler slither...


TWO -- Gusweiler did deny that the Curtis decision has any bearing on this Varnau case.. is there a bombshell coming? or is this just 'entertainment'? We shall see... Any bets -- like we did last time --on Gusweiler acknowledging Eagle's massive point in the Curtis case law...

Well,,, 'in for a penny, in for a pound' was our bet that Gusweiler would reject the evidence in the Curtis Case Law that he (Gusweiler) had no exciting ideas in that Curtis case that would have reflected sane thinking about this Varnau case.... did we 'win', rotfl... let's see....



Yup we 'won'... very loosely speaking, Agreed?

But obviously WE HAVE OUR CONSIDERED OPINION of the Curtis dynamics that Gusweiler's 'adjudicating under the influence' was supposed to hide, AS PART OF OUR SLEUTHING'S COMPLICATED FIGURING. so let's get started confirming that Gusweiler's idea-wrestling opponent that he 'beat' to arrive at his conclusion is definitely a strawman argument

    STRAWMAN ARGUING
    Look at the Strawman he chose to use as his own victim. Strawman arguing is his hiding place for his treachery. Strawman arguing is done by those who cannot defeat the REAL ARGUMENT BY HIS OPPONENT. So the cowardly arguer pretends that his opponent said *something* weaker than his opponent really did... That *something* is a Strawman, no muscle, just bunches of stuffing inside his apparent clothing... Whereupon the coward proceeds to beat the stuffing out of the Strawman and shout that he won the argument....

Recognize the cowardly Gusweiler yet.....?!?.. the basic shape seems a match so we'll look closer

Gusweiler had to work a bit to find a weaker candidate for 'opponent' that he could 'associate' with Eagle's case-law... and believe it or not, as we saw, Gusweiler claimed that Eagle was referring to the former Coroner changing the Cause of Death from Undeterminable to Homicide, as the parallel that Eagle had raised,,,

There were two Death Certificate changes in the Curtis Case --
    -- the first one showing that the former coroner had totally failed to properly deal with the evidence AT THE SCENE, since the weapon, aka THE GUN, was never found (leaving the cause of death clearly not suicide, only homicide) disgracing the 'undeterminable' entry by that coroner on the original death certificate for cause of death. Other things may have been undetermined but the idea that some housekeeper misplaced such in cleaning is strictly in the movies of the absurd.

    -- the second one showing that some serious effort at investigating... narrowing the time of death from "morning" (OR "late morning to early afternoon" per the presumptuous lunatic doing Montgomery's autopsy report with no on-site data) down to a much earlier more specific '2AM-8AM'... what a knockout improvement, involving some physical evaluations of rates of biological deterioration of the body as examined in the autopsy,,


Obviously the anti-Varnau charges of *excessive investigating* (not negligence ever) DO NOT PARALLEL the first, only the second. But Gusweiler claims he 'sees' the first as the parallel AND THEN SAYS IT's NOT A RELEVANT PARALLEL....wow, what a KOpunch in the stuffing.... if you submitted that gag as a script for a movie scene. the producers would show you the door..... yet we're supposed to nod and smilingly say the Judge is not a crook, be sure vote for him, groan.... this is step one of the 'test' for AUI.... THE STUFFING IS CONFIRMABLE..

So let's look at the second death-certificate-change and evaluate its relevance. In the interests of Justice figuring. To be technically accurate we shall eliminate the opinion that there was no decent better opponent -idea to be struggled with,,,, agreed, we should be careful and precise? No rash accusations of strawman-phonied adjudication

Why would Gusweiler choose to 'see' the first change of the death certificate, when instead the comparable Curtis-history to A CONVICTION-NAILING WHO-DUN-IT DETERMINATION was this Coroner Varnau finding that the ligature was *not* the sheet but instead it was the hobble strap-like ligature that the thugs used to lynch the kid. She nailed the weapon's character.

In contrast, the 'Undeterminable' was an obvious error, not a revelation, ROTFL. Varnau's revelation of 'homicide' was her ORIGINAL cause of death, determined within a month AND BASED ON SOLID AUTOPSY ANALYSIS OF SKIN IMPRESSIONS, not the former coroner's embarrassing discovery that he'd not ever looked at the evidence data... the LEO data where the weapon was nowhere to be seen when the first responder plainly made his report to summon a coroner... what a bag of stuffing game... Gusweiler was desperate to favor his fraud that he would be able to beat SOMETHING so he could CLAIM HE WON against Eagle's Supplemental Authority......

But was it the coroner's handiwork or the law enforcers? I have a theory....

1-- MY HYPOTHESIS.. says Gusweiler's vision is unlikely in the extreme

What could have caused a former coroner to make that second change -- in Time of Death... ?
    How about the former Coroner's recognition that the first responder reporting (as we see in the Appeal Court's account of the evidence) that the victim's bedroom a/c had been set so cold as to make the room where the victim was found incredibly cold... as cold as a morgue, would reliably have triggered a Coroner's idea that an earlier time of death would be justified with some refiguring...
But why would such a recognition have ever come to be? When it hadn't inspired *anyone* before....
    Random searching the files for something to work on? Not likely... {sarcasm alert} Wouldn't that be just fine and dandy for a Coroner looking over Law Enforcement files and reports, that he never bothered with before, especially if the reason that he was looking was because the Coroner had no blessed reason to look before since nobody else had any reason to look before. {/end sarcasm} No way...

    Prodding by someone with a motive... Such as MAYBE the new Prosecutor (Shadle's Babe) was ridiculously looking for a victim (in the run-up to the elections of 2008) to pay for her election and the family of the Curtis woman had made a nice 'appeal' to the wanna-be candidate who then got the idea that there might be something doable if she prodded anybody for new ideas on the Curtis case.. Don't you agree that looks like it..?? Timing-wise, motive-wise...

    So under those circumstances, patiently why wouldn't the Coroner dig back into that file for the family's kin to see whether he could find something as vitally missed as he had needed to correct in his first error correction -- as a favor to the prosecutor of his choice....

Still think Gusweiler has any right to consider a Coroner as unable to bring about a murder charge? CLEARLY THE PREVIOUS CORONER DID THE DEED when he CHANGED THE TIME OF DEATH....

Like the continued sleuthing we need now.....!

2--
AND THIS IS NOT JUST OUR OPINION THAT GUSWEILER WAS FAKING THAT SUCH A STRAWMAN WAS SEEABLE. this is not just our opinion,,, nope,,

Clearly even Gusweiler's favored Sheriff's Lawyers agree with us that Gusweiler's Strawman was NOT Eagle's powerful comparison point.. Look at this page from the Sheriff's lawyer's arguing......





Clearly neither did the Appeal Court consider Gusweiler's fantasy strawman as credible in the Curtis case..... They listed the Time of Death as the crucial factor in the sufficiency of the conviction, nailing the issue of 'opportunity' in the usual triad of 'motive. means and opportunity,'

There ought be a law against Judge's making the Rule of Law look stupid. Some people have called that sort of offense FRAUD ON THE COURT...
    What is "fraud on the court"?

    Here is the conventional definition -- courtesy of the 7th Circuit Court of Appeals -- usually quoted:

      "Fraud upon the court" embraces that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); found in 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23.

      And it has consequences

      The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."
Unfortunately the odds are miniscule to non-existent that some judge is going to apply it to a peer. But it was 'nice' of the Appeal Court to think of it.

There's even a rule in Ohio Civil Procedures that would apply IF the lawyers fiddling with the rules would recklessly conceive of a JUDGE making an ERROR or committing FRAUD. NO. ONLY ADVERSE PARTIES EVER WOULD MAKE MISTAKES or ENGAGE IN FRAUD. See what you think.
    Rule 60(B) Mistakes, inadvertance, excusable neglect, newly discovered evidence, fraud, etc
    On motion and upon such terms as are just, the court may relieve a party from a final judgment for the following reasons: (1) Mistakes, etc. (2) newly discovered evidence etc (3) fraud (whether intrinsic or extrinsic), etc or other misconduct of an adverse party etc


Do you suppose you could now imagine a judge committing holy fraud in his court adjudicating? After seeing it? The Rules don't 'imagine it' and the lawyers in the legislators' chairs blessed their judge-peers with full blown immunity. Otherwise judges would be intimidated, right? Where's the check-and-balance in freedom from consequences... Check-and-balance was the guiding light of the careful engineers of the Constitution...

But don't think that the Sheriff's lawyer was not supporting Gusweiler. He just hadn't imagined such a bag of stuffing would come rolling off the judge's dais. Instead the sheriff's lawyers pretended that if the changing time of death wasn't some hair-splitting legal issue then it wasn't the point of the case law. Illogically ignoring Eagle's point -- that not being a legal issue in the previous encounter with the comparable activity by a coroner was in conflict with making it a legal issue now and hence it was inconsistent for Gusweiler to persist in that illogic.

Sometimes you wonder what reading skills these lawyers have. Demonstratedly, their reading ability does not impress us positively. Agreed? Else we;re left with some explanation less 'palatable'....

To complete the lawyers limited imagining of decency in responding to Eagle's evidence, they fall back on the 'another inquest' chanting. Are they learning ability challenged?





Isn't it strangely unsettling watching this Sheriff's mouthpiece arguing to shut down an investigation of a homicide that happened under his own nose?

3--
Clearly there's MORE to this story of Gusweiler's treachery THAN OUR CONFIRMED HYPOTHETICAL OPINION that Gusweiler is wrestling a strawman in a game of FRAUD ON THE COURT'S HOLY RULE OF LAW...

It's mind-boggling how A SHERIFF can stand in the public courtroom claiming justice is his life BUT

    -- authorize the stifling of law-specified investigation continuing that is seeking to pursue information from those in charge of the safekeeping of the victim on circumstances, events and clues

    while simultaneously having to

    accept as law-verified, that there was a HOMICIDE IN HIS JAIL, AND IT'S UNEXPLAINABLE in his own handiwork, since under law the medical determination is the law-confirmed, court-accepted reality...

    if BCI failed to deal with the homicide, you'd think the Sheriff would be adamant he'd *do something*!!! Like what?
      His situation: he's surely looked at the marks on the kid's throat and knows it was no hanging, THE SHEET WAS A DECOY, NOT THE LIGATURE THAT MADE THE DEADLY BLOODED MARKS...

      so -- in order to cling to his 'friend' status with 'his honorable men' -- he must also cling to the idea that either
        1) -- it was an accident and the lying (that they saw Goldson "hanging" etc) was done to protect the department and him from state-overseeing consequences (yet the perpetrators showed no such fear of state-level investigators, and instead messed with the evidence and boldly only supplied video cam files when they were done tampering with it)

        or 2) -- there was an extremely disgraceful security failure that allowed a murderous intruder access to the jail and the jailers are lying to protect their jobs (an intruder with no known motive, and from Wenninger not a word on the only available alternative that a decent Sheriff has to deflect the evidence that his 'friends' are murderous thugs )...

        no sense of his responsible authority
      leaving him with felony on top of felony no matter what fantasy he clings to,,,

      but there is no sign of any fantasy management either.... like re-assigning men that he has to view as 'weak' links that *jeopardize the others* under his leadership and responsibility, until he can personally nail the homicide down.... as well as nailing down where else the tentacles of felony were spreading (like into the technical skilled area of security camera data tampering), UNLESS YOU COUNT THE SUDDEN LEAVING OF BOSS SHADLE after Wenninger gave the plum assignment (the drug czar ) to Mt Orab Asst Chief Josh Black... suggesting recognition of 'weak link' problems (when your chief deputy destroys evidence in a homicide), ....

      nor any sign of tightening security.....

      Speaking of security, Wenninger (if he has any logic skills) would be nervously clinging to the realization that the security camera system seemed to have failed, either technically or through treachery, and worse his up-the-line crime advisors at BCI didn't offer any guidance (they failed to find any system failure to explain the homicide. and appear to have swallowed the suicide lie or *worse*) ---leading to the idea that maybe he should swallow it also....

      so Instead of being a sheriff, he works his way through the media games of being the department poster boy and ends up square in the middle of the felonies. Up to his eyeballs in a proverbial racketeering operation. Showing no signs of aptitude for being a Sheriff, on top of his disgraced lack of law-required education and experience to have been allowed to run for the office legitimately. Now compounded by the evidence that his current law-required oath to live up to the job is completely left in the debris of his fine mess...

    There are so many signs that the whole law enforcement operation under Wenninger's leadership is malfeasant in the extreme that it's impossible to consider his retirement. Decently HE SHOULD RESIGN -- AS HUMANLY UNABLE TO RUN A DECENT SHERIFF'S OFFICE

CLEARLY THE SHERIFF DOES NOT BELIEVE HE HAS TO UPHOLD THE LAW ANYMORE, IF HE EVER DID...... nobody's laughing.

Does shocking the conscience work with the Sheriff any better than we saw it 'working' (not) in judges' evaluation of evidence that takes your breath away.......?

Does shocking the conscience work with the Sheriff's highschool schoolmates... What would the public expect from such a 'sheriff' and his 'gang' of thugs if/when Brown Countians face extreme circumstances? CRINGE..... cringe..... cringe

Wenninger and his lawyers can't even get through a court challenge without smashing any semblance of rule of law, The holy idea of fair fighting in law enforcement is being setup to be replaced with an unholy AMBUSH... right in front of the public's eyes.... right in the Sheriff's lawyers' final salvo. Look and you will see. THEY KNOW GUSWEILER'S GAMES... and they intend to play them.....



So the fact that they realize the ambush game works in Gusweiler's court raises the parallel question:
    Would a federal judge allow that ambushing outside his reach? NOT LIKELY,,,

    so this all comes down to the idea that they had NO PLANNED IDEA THAT FEDERAL COURT WAS ANY MORE THAN A FRAUDULENT TAR-AND-FEATHERS MISUSE OF THE U.S. FEDERAL JUDICIAL SYSTEM...... BOOM


Can you see it? Boss Shadle and his conspiring Prosecutor Babe Little were shown in the recordings played in the Hanson-Jones-Petition-to-oust Coroner Varnau TRIAL to be fully able to authorize misuse of the Courts in order to smear their political opponent, since it's beyond believing that they didn't know that the trumping up of false anxiety in the souls of grieving families wasn't decent. Furthermore they are obligated to know that the claims they manufactured were actually the fault of Shadle's management of the BCSO's if anybody dug into the law's rules on who does what and what it's like to work in the real world of crime scenes.

For one example of the real causes of next-of-kin grief being the SO, Shadle's office has a high tech chemical van (used only for 'nuisance' pestering unbelievably as an escort for the health department's sewage 'director') that is built to deal with crystal meth blowups/cleanups. Possibly humanly your tax dollars at work. If any one was responsible for cleaning up the suicide mess of blowing the top of the young fellow's head off, it was Shadle. Ditto it turned out to be Shadle's and Wenninger's fault for every blessed claim that hearse-chaser Hawkins waved around.

Misuse of the Courts is Shadle's MO. And this conflict now between the CommonPleas Gusweiler and the Federal Court's Barrett NOW LOOKS TOTALLY LIKE THE STEPS THREE-THRU-SIX IN SHADLE'S STRATEGY TO TAR-AND-FEATHER THE CORONER WHO WAS CHASING THE MURDERER IN THE JAIL STAFF (including Shadle's offspring).... THEY HAVE NO CASE IN FEDERAL COURT. AND AS WE SAW, IT WILL BE LIKELY THROWN OUT.

It was all just rubbish-heaping when Shadle & Little's first attempt (with the petition to court) fell apart and the second griefstricken relatives' case (Elfers) was hanging back too much to be of use while the Elfer's family's lawyer observed the loss in the Hanson/Hawlins Petition case. SO THEY NEEDED SOME OTHER SMEAR. The claims they (Boss Shadle and his lawyer) threw together for federal court were based -- sometimes fully openly and wrongly -- on *state* law AND the state law hadn't been shown to have failed in their cause, so the case was a losing battle from the start as a genuinely federal court case by anyone with any idea of the limits of each court system.

Their benefit -- implying and consistent with motive -- was to use the 'mighty' U.S. Government's *image* as supporting them. Infinitely better than Gusweiler and local court filing in the public/media's mind AND TIMED TO DAMAGE THE IMAGE OF THE CORONER AS SHE WAS BRINGING HER EVIDENCE BEFORE THAT GRAND JURY....

Maybe they even thought the GrandJury might smell some of the Breyer/Hornyiak lying, so the smear was needed... and they'd be simultaneously prepping the public to swallow the defeat of the Grand Jury ...

Once they had the GrandJury suckered into agreeing with Breyer, then it was safe to use Gusweiler, and his disgraceful court that Brown County had no choice that would have enabled the voters to remove him at election time... all they had to do for openers was seek a temporary restraining order (claiming justice would arrive) but knowing it was Gusweiler's ambushes and strawmen they were wanting then... and just as soon as the case went far enough to defeat any interest the Federal Court might have considered, then Gusweiler would be in charge.

TOTAL ABUSE OF THE JUSTICE SYSTEM

Shadle's MO is confirmed. Likely the MURDER RAP is fairly clearly entertaining everybody keeping score. But there should be FEDERAL court sanctions FOR ABUSE OF COURT -- JUST LIKE OTHER FORMS OF FRIVOLOUS FILINGS. There is no way any honorable bones exist in those 'law enforcement' officers.

Perhaps there's something useful to be learned from this scam Shadle set in motion. Think about the idea of standing around the perimeter of the next election's voting sites THIS FALL with a blessed petition -- based on the surprising ORC 3.07 and 3.08 -- to OUST GUSWEILER and WENNINGER, the central empowering criminals in BC law enforcement. Maybe include Shadle's Babe LITTLE as well,,,,,, ALL SIGNERS you would encounter WOULD AUTOMATICALLY BE REGISTERED VOTERS (nothing to tediously check)..... Doesn't that sound invigorating? just need a lawyer who can support the idea that there are flaws in the election process that jeopardize PUBLIC SAFETY,,, of course some crook in Columbus would decide on replacements for each disposed official, unless the extent of the turmoil would justify a SPECIAL ELECTION.... What say you......... hmmmmm..... TTYL



Sunday, May 3, 2015

The 'Inartful' Art of Calculated Derailing of Justice - Backfires

Gusweiler's Orders inartful? -- or exactly what ART is GUSWEILER PRACTICING??

ANSWER: The CALCULATED ART OF DERAILING JUSTICE

In writing Briefs and Decisions there is a usual structure expected. First recount the history of the disputed events. Then recount the in-court blow-by-blow of Motions and Responses, etc. which is called the Procedural Posture... After which begins the development of the Argument and Conclusion.... Well.....

Gusweiler purports to start out with 'history' as would be normal BUT HE DECIDEDLY OMITS CRUCIAL EVENTS from one side's history. Guess which side has diligently managed every step they took and had documented all contacts and is now being gagged.....

The whole question of what the history status of the Coroner's efforts in seeking justice GOT LEFT OUT BY GUSWEILER.... for a reason..

And that obviously central history shows that the Sheriff's Office and Prosecutor were not responding to the Coroner's justice efforts AS THEY ARE OBLIGATED TO DO, ala ORC 313.09 which states, in pertinent part:
    "The sheriff of the county, the police of the city, the constable of the township, or marshal of the village in which the death occurred may be requested to furnish more information or make further investigation when requested by the coroner or his deputy."
And once the evidence ball was passed to BCI by Shadle's SO, they likewise stonewalled requests from the Coroner for evidence.

So in the interests of making Justice possible, let's show the world the email records that Zachary's Mother acquired legitimately from the Coroner, showing the status of the work on her son's case.

Beginning on OCTOBER 25th 2013 -- keep that date in mind since the LEO liars have tried to duck their malfeasance egg on their face (for the tampered hallway video) by saying the Coroner didn't ask for the tapes in time....





    Hold on... dear Johnny Shadle HAS the HALLWAY VIDEO (Nov 22nd) according to his babe Prosecutor Little BUT HE REFUSES TO TURN IT OVER TO THE CORNER IN SPITE OF THE SUBPOENA IN HIS HANDS (Nov 25th)...... BANG

    But this has CONSEQUENCES besides,,,

    The blessed GUSWEILER IS OBLIGATED TO **ENFORCE** THE CORONER's SUBPOENAS -- DOUBLE BANG

    So not only did Gusweiler violate the law, but Gusweiler's responsible for the FIRST INQUEST NOT BEING DONE..... holy Mackerel! How does he dare call the Coroner's Inquest "her second inquest"? Fraud alert in Gusweiler's Court Order.. he's a fraud, for not rejecting Phillips claim that the inquest Dr Varnau is preparing is a claimed-illegitimate 'second' inquest.

    He's gaming the Public with full knowledge that her first inquest is still ahead to be completed and reported. And quashing all her subpoenas under color of that 'second' fraud. Here's the one sent for Shadle to hand over the Sheriff's Office's videos, all listed. It's addressed to Sheriff Wenninger's authority and has Gusweiler's signature! deadlined as at November 27th 2013......


CLEARLY THERE'S A LENGTHY HISTORY OF CRIMINAL BLOCKING OF THE CORONER'S INVESTIGATING -- precisely by the Sheriff's Office, and even BCI -- both seeking Gusweiler's muscle in this Court to continue their stonewalling of Justice -- so the Coroner's FIRST INQUEST IS STILL IN PROGRESS whether they label it closed or not...

Which means Gusweiler turned a blind eye to the evidence/testimony in his SUPPOSED FACT-FINDING and CALCULATEDLY CHOSE TO CALL THE CORONER's USE OF HER POWERS OF THE INQUISITION A **SECOND** INQUEST... for public misperception as well as twisting the focus of his argument so he could claim her duties and rights were extinguished by now. Nada could she be allowed to do after she finished her Death Certificate (a Health Dpt project, law-written as separate from Justice projects)..... So no further work on the Goldson death case was 'authorizable' in his imagined fantasy rule of law, wanting the public to not think of cases being reopened, just remembering hazily the ultimate prohibition against "double jeopardy" as a blessed safe-guard to citizens.


Gusweiler shielded from view the fact that new evidence (or updated methods applied to unsolved cases) authorizes the Coroner to REOPEN a DEATH INVESTIGATION as was seen in the Curtis Case History in Gusweiler's own Court as was shown twice in Eagle's Supplemental Authority filing challenging Gusweiler's Orders that we are now ripping up here. Which challenge by Eagle, Phillips is attempting to counter as being inappropriate in application to this Goldson case since Phillips claimed that the Curtis case was re-opened 'by the prosecutor', And Phillips expects us to think that PRESUMABLY the Prosecutor had no interesting "guidance" from anyone else... Rotfl as if the Prosecutor imagined she had anything new that caused the then Coroner to re-examine the medical records... Causation clearly would not be needed only if the Coroner had no ideas of his own

BUT LOOKING AT THE EVIDENCE USED TO FINALLY GET THE CURTIS CONVICTION -- as seeable in the Appeal court confirmation posted in our previous episode -- THE ONLY LIKELY *NEW* EVIDENCE WAS THE *CORONER'S* UPDATED EVALUATION OF THE TIME OF DEATH which put Curtis at the scene and seeable as the only known suspect at the scene...

The rest of the evidence was OLD NEWS -- other than Curtis' fellow inmate claiming Curtis confessed to him, conveniently for the Prosecutor, after the case was well re-opened and Curtis in custody after extradition from down in Florida which claimed-sonfession clearly didn't reopen anything !! All the rest of the evidence was old news of life insurance and court-involved domestic trouble and past licensed gun ownership and his then pillowcase 12 years ago. THE CASE WAS BLOWN OPEN BY THE CORONER'S RE-INVESTIGATING THE TIME OF DEATH regardless of whoever thought of digging into a high profile unsolved old case that had been already brushed up to improve the direction that Law enforcement needed to take. All of which would interest a coroner (realizing that his earlier ERROR on cause of death was still nagging) to familiarize himself with what flaws might still be opportunities to assuage his conscience.

Want to bet whether the old crook Gusweiler opines this Phillips' attempted disqualification of the Curtis Case Law authority is "well taken"? Would he dare? Well as we are already seeing the old crook has already grossly violated the Court's responsibility to FACT-FINDING as well as required LAW READING, so "in for a penny, in for a pound" is our bet


Nor does the reality that the Coroner's investigation is not done YET mean that the Coroner prematurely filed the Health Dpt's Death Certificate... the only other lawful document-allowed choices for that crucial entry were suicide or undeterminable for the time being... neither of which was true or accurate..... and suicide was impossible based on just the ligature marks on the victim's throat and neck, as we have seen all the way back in last October's episode when Zachary's Mother released to the press the data from the Coroner's office that Zach's mom acquired as Next-of-Kin.

See for yourself that HOMICIDE IS THE ONLY JUSTIFIABLE DEATH CERTIFICATE ENTRY POSSIBLE... based on this autopsy analysis by the Coroner.... and it was done timely, as they say.... timely matters and the Coroner does what matters.....


    ...notice that the normal ligature marks for strangulation and vertical hanging (official story)are distinctly different and represent the physical reality of the direction of the force applied and the noose needed for a suicide-hanging... the sheet tied on Zach's neck was knotted on the side of his head so the hanging-force would stretch the sheet straight up along the side of his head from the primary knot slightly behind his ear AND the ligature violently compress the neck all the way around the back of the neck... whereas the actual deadly blooded ligature mark doesn't go all the way around Zach's neck... See for yourself....

    ....and the force applied to produce those blooded marks went up from behind though at an angle to his spine, not parallel like the usual hanging CLAIMED TO HAVE BEEN THE WAY THE JAILERS FOUND ZACH 'HANGING" FROM THE SPRINKLERHEAD
    So clearly the blooded ligature marks were not 'hanging' marks, making the claim that the jailers 'found him hanging' a total FABRICATION but without really solving what precisely the actual causation acts were. The sheet was thoroughly suspect then as well, with one end tied to the sprinklerhead in the ceiling and one end neatly knotted around his neck AND NO OTHER LIGATURE IN SIGHT... where did it go!

    ...and the intertissue blood settled into the skin area on Zach's back, not on his feet.. so gravity-settled blood shows Zach was not hanging vertically when he died in the period after the blood pumping stopped... else the extended hanging til claimed-discovery would have sent the 'livor mortis' to Zachs feet and there was none there
    A thoroughly stupid medical examiner in Montgomery County actually wrote that the body's condition was consistent with hanging and was found with a ligature around his neck. Unbe-freakin-lievable. No physical sense.
    The blooded marks were 0.5 inch wide and the bunched up sheet was a full 1.5 inch width. The knots showed no serious tightening from a tension of a hanging body, and the sheet was clearly missing any sign of tension having been severely applied. The idea that the 1.5 inch width would compress to 0.5 under the strains of the weight stretching on the length would be something to expect a sophisticated answer from BCI but no, nada. Should we have expected their skepticism to emerge when the Coroner alerted them or they'd produce some science attempt to justify their rejection of the Coroner's observation? Darn right we should ! Look what we found....
    The abstract above from the University of Zagreb would answer such a puzzle, handily. The Poisson's Ratio says that the strain of compression on the crosssection of such a fabric (woven textile) would be in the range of about 0.4 as an example so the Poisson ratio of the compression percentage of the width to the stretching percentage on the length would be roughly around 0.4
    Now the supposed Medical Examiner and/or BCI saying that their swallowed compression strain on the sheet from the hanging was (1.5-0.5)/1.5 = 66% so the strain on the stretching length must be figured straightforwardly:
      Poisson Ratio = compression strain / stretching strain.....
      so substituting gives
      0.4 = 66% / stretching strain
      which solves to stretching strain = 66% / 0.4 = 166% [in other words the sheet had to stretch 166% of its original length in order to compress its width down to 66%
    Any one think they could stretch a sheet 166% of its starting length? And worse, have such a deformed fabric go right neatly back to its snug fit around his neck, with tidy, knotted configuration once the stress was released?? How could BCI, much less the MedicalExaminer swallow the OBVIOUS DECOY AS REAL???
    No science in their brains, no physical experience in their life???
    Coroner Varnau beats them hollow, with her own analysis of the marks, their shape, the uniform width of the marks, the impossibility of the compression of the DECOY and topped it off with a close inspection of the weave pattern on Zach's skin where the ligature was pressed !!
    For which the idiots showed disdain. Brown County should demand their money back from Montgomery and even moreso from DeWine's so-called forensics experts ... lol -- call the County Commissioners, and show them the incredible failure of their trusted expenditure
But a lot more was derivable from the medical and body and scene data that a Coroner is obligated to acquire, analyse and keep. Gusweiler doesn't want you to know that and insists that the Coroner is a simple ORC-created clerk who uses expert medical knowledge of the body to fill in the blanks on the Death Certificate and then goes away. IGNORING THAT USING HER MEDICAL OBSERVATIONS AND LOGIC SHE IDENTIFIED THE WEAPON AS WELL AS DESTROYING THE OFFICIAL STORY, making his defense of the LYING JAILERS A TOTAL FAILURE OF FACT-FINDING....

Gusweiler literally says that the Coroner is a trinket created by the ORC WITH NO COMMON LAW TRADITION BEHIND HER. A cheap slur on his part in order to diminish his intended victim he wants to gag and handcuff AS WELL AS being a lie that's part of the lawyers' Bar Association attempts to consolidate their power and control against a coroner as a possible challenging contender..... JUST LIKE THE LAW ASSOCIATIONS ARE STILL ATTEMPTING TO DO WITH JURY POWERS...... Look up FIJA -- the Fully Informed Jury Association -- who preserve the long established RIGHT OF THE JURY TO JUDGE THE VALIDITY OF THE LAW AS WELL AS THE GUILT OF THE ACCUSED LAW-BREAKER... The lawyers make the laws (most legislators are lawyers) and they apply the laws in the courts as judges and prosecutors (exclusively lawyers), so they don't want you the public to decide their chosen law is INVALID AND OF NO FORCE, A NULLITY AND VOID, TO BE DISREGARDED.

As juries should do with every Marijuana case since the designation of marijuana as a level 1 drug is based on the lie that it has no medical merit, while instead the Department of Health and Human Services HOLDS MULTIPLE PATENTS ON MARIJUANA AS A MEDICAL CURE...

The Rule of Law requires that laws be based on truth and be intelligible for people to understand and be able to honor and held accountable for as our contract (agreeing to be governed) with Common Law government. Rightfully it is not necessary that the Public petition lawmakers to undo the violation of the Rule of Law, if the Public would simply refuse to convict anyone violating the voidable-law... however by now the consequences have compounded, making straightforward solutions, just a beginning, as you may expect....

But back to Gusweiler and the Bar Association's attempts to diminish the Defender of the Dead, as the Coroner is called in Common Law countries like England.

The Coroner is a challenge to the Lawyers with their secret Grand Jury proceedings and their dependence on ENFORCERS of their laws... In England where our concepts of Rule of Law came from, the Coroner is OBLIGATED to HOLD AN INQUEST FOR **EVERY** DEATH THAT OCCURS AT THE HANDS OF LAW ENFORCERS because law enforcement have special privileges, as they do here. And as we've seen graphically LAWYERS WHITEWASH DEATH-CAUSING POLICE/FBI/etc WITH NEAR PERFECT CONSISTENCY... Baltimore's new Black Prosecutor (Marilyn Mosby) now being the sole apparent exception in recent years, now that these issues are getting questioned seriously

So Gusweiler figures he can slur this current Coroner as --- get this --- " a creature of Statute.. with no Common Law rights, duties and privileges".....

He forgets that this county has a strong undercurrent of interest in history and that this county remembers that this county was granted and settled by Virginia officers of the Revolutionary war with England, retaining their Common Law heritage. This county of Brown was even named for an officer in the War of 1812, politically demanding rights that they expected as Common Law guarantees. That heritage shouldn't have been so undeniably desecrated as Gusweiler did in order to forward his disgraceful agenda.. without consequences at the ballot box, if he lasts that long with such a corruption of justice as these Orders, that should be an embarrassment to his peers, As if they care, as we shall see....

So why would he risk that deniable claim of no common law background. Well because he wants to deny that Coroner Varnau has any powers but what is EXPLICITLY specified in the ORC 313....... but even there he is out of line... repeatedly.,.

For example ORC 313.15

    but 'their duties' includes WHO-DUN-IT and WEAPONS and indications of motivations (emotion or calculated) etc... who-dun-it can be a matter of who were the only ones with access to the victim at the time of death, and weapons could be -- as in the Goldson case -- an analysis of the ligature marks on the victims neck... Gusweiler wants a gag on the Coroner as do the Deputies, the Sheriff and BCI and by now who else would be grossly embarrassed..?? eh DeWine?
    or this implication of scope of investigatory power in ORC 313.17 (not convicting power, but investigatory conclusions are certified as facts in courts of law and would indicate complicated politics to be answered when law enforcement fails to be in synch raising public suspicions and awkward questions)... information matters mightily....

    Gusweiler knew and/or IS REQUIRED TO HAVE READ THE LAW and digested the part that says Coroner Varnau can investigate using quasi-judicial powers "how the deceased came to his death... AND ALL CIRCUMSTANCES RELATING THERETO"...... BANG

Every time Gusweiler magisterially pretends he is adjudicating this case he is as fraudulent as a $3000 bill, which we're pretty sure doesn't exist.... yet.... hopefully...

We hear Joe Podolsky caught Gusweiler''s treacherous tactic of faulty fact-finding and failed law-reading when he saw this 'second inquest' game and read ORC 313.17 above. So reliably realizing that Coroner Varnau does what matters Podolsky magisterially modelled what Gusweiler should have confirmed. Per the law if there'd been a first inquest done, that it would have been public record filed at the Clerk of Courts. Diligently Podolski apparently filed a public records request for a copy of the 'first inquest' required to be filed with the Clerk. Gusweiler could have just lifted the phone to see whether Phillips' claims of inquests done was true. Clark himself apparently checked and told Joe that there was no such document in existence at his office, suggesting that it must be in the Coroner's Office. Podolsky wants to know how it's explainable that the Judge would not be obligated to have said Coroner's inquest document in his hands before making assertions of fact found existence of such a thing... cheers to Podolsky for nailing the Gusweiler failure of both fact and law.

More bloodhounds needed. More Gusweiler 'opportunities' in abundance.

Dig this next pretentious fraud as typical, if you can stomach his assault on justice..
Is there any need to undermine the idea of a calculated assault on justice as simple error? A spur of the moment indiscretion, rotfl{clasp face}.......this is the CALCULATED ART OF DERAILING JUSTICE......


Oh, but he's not done, not by a long shot. Wait til you see how he justifies his INJUNCTION. Dig this BASIS ARGUMENT....
I support the idea that Gusweiler is right about the Inquest causing "irreparable harm" to the DeathSquad may be the one thing Gusweiler got right, rotfl because justice would require it for the irreparable harm they did to Zachary Goldson. SCORE 1 point.

Clearly his idea that the Public's Interest is served is WAY OFF THE MARK. as well as his bold claim that the Death Squad's lawyer can argue successfully that there is only a single issue of law under dispute and the rest is 'relatively undisputed facts' which is what Declaratory Judgments are used for. Highly not what is in front of Federal Court, Without mentioning Phillips prowess in courtroom strategy, nor the demand for a jury that was Phillips handiwork... SCORE 0 points of the needed 2...

Third party harm is rather disingenuous considering what this puts people through but we'll not deal with that based on how far off the score is......

Hence NO VALID BASIS FOR GUSWEILER's INJUNCTION. BOOM... not the needed 4 points... Not even if we were to give him 1 more point that his CHEATING in imposing the unjustified injunction would complicate the Coroner's battle-while-handcuffed-with-the-injunction to the point as would make Phillips success a *little* more "likely"... rotfl at Gusweiler's circular reasoned cheating.....

Federal Judge Barrett didn't seem to be warranting that Gusweiler knows some dark secret about Barrett's propensity to cheat like Gusweiler himself. Hence we believe Gusweiler gets NO CIGAR for his fraud masquerading as adjudicating..... {roll eyes}


And to make sure there is no deviation from his ordered injunction, he puts the gun to the Coroner's head.. like this...
A total act of violence... BUT HE MAY HAVE OVERSTEPPED HIMSELF ......
Think about this.... The Federal Judge may take offense that Gusweiler has his fat thumb on the Federal Judge's gavel when Gusweiler disdvantages one party in Barrett's proud effort at careful adjudication, with assiduous reading of the law and alert fact finding work going down the drain because Gusweiler interferes with one party's ability to engage in the federal court's Discovery process without going to jail if she says or seeks anything to indicate finding out some fact not already in her hands or heaven forbid adds up facts in her arguing.

Don't you think a federal judge would be incensed at Gusweiler's fat thumb stuck into the operation of his federal court? {face-clasping}

I don't want to think about how sour this could get with Federal court issuing its own 'injunction' telling Gusweiler to butt out, graciously behind the scenes but *convincingly* and with repercussions all the way to the Ohio Supreme Court justices... oo-weee.... shame faced Gusweiler.... he lost his head this time... rotfloho.... don't know how much more Justice derailing everybody could handle without pounding poor computer keyboards... so let's go find another way to chase away the headaches.... ttyl

Sunday, April 19, 2015

Eagle and Zachary's Momma Score Again after Gusweiler Robs Justice with intent to shut the public up

Well, did we not say that Gusweiler's history of invalid decisions, contrary to the laws as readable plainly, contrary to the court documents of motions and responding, contrary to the evidence on file in his hands was legendary.

Applied to this case, in the final rounds as in all the previous ones -- once the back-an-forth was completed for each motion and order, like in the Last Ditch episode as well as Judge's Dilemma--, the coroner's family lawyer (Thomas Eagle) won on the merits as well as the strategic tactics as was seeable in our public examination on these pages. But when that point where the final back-and-forth was reached and realized, we said:

    "That leaves all the egg on Phillips face and leaves Gusweiler with NOTHING to validly use for his wanted CONTEMPT charges. CAUTION, It doesn't mean Gusweiler won't do it anyway, based on his past history of invalid decisions."


And sure enough he did it. Conjured some nonsense (to be torn apart later) and proceeded to order the Coroner to sit on her hands UNDER THREAT OF POTENTIAL JAIL TIME, for lifting a finger against the DeathSquad or for Goldson.

And in Gusweiler's calculated attempt to rob the county of justice and the rule of law, he chose an extremely amazing 'con' in order to attempt to defeat public interest in these proceedings since every move in these court battles had been talked about and bandied in chat online and elsewhere. He craftily released his Orders NOT TO THE COURT's CLERK for all intents and purposes, AND 'somehow' he 'happened' to handicap objectors til when the main deadline for the local papers was closed for weekend editions with possible balancing Letters. In effect, Opposing Opinions weren't possible to reach every driveway in the county so people got only HIS orders as FINAL and unopposed...

To be specific, HE RELEASED HIS ORDERS AS FINAL JUDGMENT **IN SELECTED MEDIA** as his first order of business to be seen at press level locally at the Ledger Independent and at electronic level at WCPO TV... media were sent on their way with the impression that the issue was decided and the story was finished. Move along. Any queries to the media by concerned readers, were not appreciated. The public would be left with that same conclusion. The game was now over...

And to guarantee no different opinions, the ploy was not complete with just early release to reliable government PR mouthpieces, no, no.

As soon as the court had allocated the press their dose of poison, then *SOMEHOW* the CLERK of COURT's new ONLINE SYSTEM, now frequently accessed by the Public, developed 'a problem', suspiciously and suddenly, and could not supply any interested people (nor other media) with downloadable copies of the Gusweiler's poisoning Orders so as to CRITIQUE them over what magical, illogical case law the Gusweiler chosen media had implied was used as the basis for his magisterial near **PERMANENT** INJUNCTION (replacing the RESTRAINING ORDER) AND a THREATENING DETAILED CONTEMPT OF COURT ORDER IMPOSED ON THE CORONER if she as much as batted an eye at the case until after the Federal Court case is ended. Imagine that, Gusweiler purports that his idea of a fair trial in federal court shall be had with one petitioner having her hands tied behind her back... Gusweiler should add that straight to the DeathSquad thuggery manual, a perfect reflection of their tactics with Zachary...

A total ROBBERY.... which is what a theft at gun-point is defined as. And 'contempt of court' IS gunpoint. How could any law abiding citizen manage to swallow these seeable as illegitimate decisions? And how could Gusweiler EXPECT TO GET AWAY WITH SUCH PUBLIC ABUSE OF TRUTH AND LAW? Clearly the 'corrupt enterprise' in the Ohio courts goes up far enough to make judges like Gusweiler SAFE from being exposed by peers when the Appeal process is accessed by aggrieved victims, assuming they have the finances (as well as adrenal strength) to continue. According to the clerks' office, Gusweiler's victims don't often file nor succeed in overturning his orders, yet fairly we've only looked at a fewer number of grossly mishandled cases than we'd need to venture a list of where the 'enterprise' sits in Ohio's courts, specifically in the 12th District on up to OSC.

AND THE BC CLERK EVEN TOLD SOMEONE WHO USED A PUBLIC RECORDS REQUEST FOR THAT INFAMOUSLY REPORTED ORDER THAT 'THEY COULD NOT SEND IT'... "their system was down"... AS IF THEY ONLY HAD THAT ONE COPY IN THE ONLINE SYSTEM... and could not print one from a desk computer in their offices...

We wonder who has access to the trunkline or other backdoors to the Clerk of Court's magnificently simple online processing docket. COULD IT BE THE INFAMOUS SUSPECT WHO TAMPERED WITH THE SECURITY CAMERA DATA IN THE JAIL? (see proof in the DeathSquad lawyer hands Victory to the Coroner..episode.)... That individual is reputed to have a major setup in his private home with access to nearly every aspect of law enforcement's electronic resources and likely the Court's since the SO security staff monitors the Court's electronic security system there. How much access does he have. And what fox is guarding that henhouse? Such things are sometimes not thoroughly figured out... such as... Apparently the BC Board of Elections left their door open after they went home for the day around election time last year IIRC because some electric repair fellow was still not done with his project going indoors as well as outside. Anyone could walk right in where the programs and paperwork for counting votes is accessible... Big scandal on election validity control. Trusting the Sheriff is something that needs examining, including their security procedures and concentrations of vulnerable systems. Clearly the SO individual who tampered with the security cam data needs to be replaced, for the damage he is and/or can be doing. He has violated the public trust in the jail hallway tampering.

He, Harry Martin, just hopefully hasn't figured out how to anticipate SO mistakes frequently enough and intercept the evidence of the SO criminality before the ill-favored Varnau candidate for Sheriff has identified the needed documents, capturing the illegal activity's existence and procured those documents legitimately using public records methods pronto. But Harry Martin may have met his doom when he tampered with the hallway video... surprise is coming.....

Meanwhile this Gusweiler scam of media-release done in the midst of system failure, done by Gusweiler was a clear attempt to quash further interest by the public as he had credibly seen take shape each time we uncovered their erroneous law citing, each time Eagle destroyed their claims with precise rebuttals based on logic and facts and law, each time the bloodhounds had dug in and acquired data, shared analyses and kept the public informed. Everybody was having a good ol time. The impact on the unsavory and incompetent activities in the Court battles, induced even Phillips (the main opposing-justice attorney) to express annoyance and felt it necessary to enter his annoyance in one of his recent court docs, referring to our handiwork.... They were watching us.... That was the clearly UNWANTED PUBLIC RESPONSE THAT GUSWEILER HAD ATTEMPTED TO PREVENT BEING POSSIBLE in his anticipated finale..... with his 'untimely' release to ONLY THE WANTED GOVT-PR RELAYING MEDIA...

GUSWEILER EVEN MANAGED TO go so far as to PREVENT DR VARNAU'S LAWYER -- who would be the one to respond -- FROM SEEING THE CONTENT OF THE ORDERS AND THREATS... AND THIS WENT ON FOR A FEW DAYS...

The media WCPO was blaring the 'resulting finale' on late night news Tuesday --the very day it was stamped and made official for the clerk handling entry of the docs into their system yet nothing appeared online nor in the mail... convenient timing... so the media could cluck that the coroner's lawyer was not available for response...

LUCKILY THE DECEDENT's MOTHER, at her restaurant work, saw the WCPO announcement. She was surely annoyed and did take things into her hands promptly -- BY OFFICIALLY REQUESTING **EVERYTHING** IN THE CORONER'S FILES ON HER SON'S CASE....... BEAUTIFUL AND PERFECT THINKING BY HIS MOTHER.... AND SO NOW IT'S HER TURN TO DEFEAT GUSWEILER......

She cannot believe that this injustice is occurring, having seen the results of the arguing in a supposed court of law, and has begun again to relay the content of the file to every voice who has shown an interest AS SHE IS ENTITLED TO DO AS NEXT-OF-KIN........

So shall we start with the recognition that we are hindering their 'unseemly' poisoning of public interest -- DEMONSTRATED BY THE MEASURES THEY MANAGED TO ORCHESTRATE TO PREVENT US EXAMINING AND EXPOSING THE UNDERLYING BASES OF THE COURT ACTION while the iron was peak heat temperature..... So let's see what's hidden in their threats of violence and demands for the coroner to acquiesce to Gusweiler's unlawful orders.....??? Court stuff next.


LET THE HINDERING OF CRIME BEGIN........


Here's Zachary's momma's next round ---


See the animosity and boiling hatred still hot when they arrive at the jail and it shows NO SIGN OF ABATING AS THEY BRUTALLY DRAG HIM where they have their opportunity waiting.....



    with less than a second between any pair in this sequence, it's clear the kid was not 'resisting' as deputies were claiming was the reason for their need for forceful handling... they barely had the door open when they were already reaching for the kid's shackled ankles to yank him out so as to slam him helplessly onto the concrete floor

    then yanked him upright and hauled him like an oversized aggravating bag of refuse to be disposed of angrily...

    stumbling, dragged backwards...
    and shoved him, still shackled, arms held behind his back, unbalanced, into the cell onto the floor.... they are clearly out of control.. their testimonies afterwards are full of other lies about what they did to take the restraints off and walk out.. but that does not deserve credibility either based on this next NEW evidence...

After the Schadle smoke-break point -- where Felicia Landacre at the monitoring desk reported in interrogation that Schadle (out on his smoke break for that round of jail work) was instructed by Detective Meyers (intercom/phone) to get the handcuffs used at the hospital and put them in the evidence room -- then watch as Schadle and Dunning go STRAIGHT TO ZACHARY's CELL to get the handcuffs ...... no way was suicide possible HAND CUFFED....

    All the way down the hall they are aiming toward cell#15, and go clear passed the commissary on the opposite side of the hall.. watch where their feet carry them left of the hall centerline.....


And when they pretend to discover him -- for the benefit of their realized security cam ALIBI down the hallway -- notice that they inadvertantly give away that HE'S NOT HANGING FROM THE SPRINKLER HEAD (over their head at 2 feet from a 9 foot ceiling just a couple feet from where they're standing at the door)... they are LOOKING DOWN instead of up....... .



These are the tapes that the Coroner has as NEW EVIDENCE to JUSTIFY RE-OPENING THE INVESTIGATION... to answer such CORONER-SPECIFIC questions about what types of data that a proper law enforcement investigation and decent prosecution would need from her as to signs on the body and in forensic analysis of the damage done to the kid's body, that indicate weapon used, that indicate the intent involved in the speed of inflicting injury and so on.....

BCI can only beg to be understood as being dead asleep when such evidence went past them unrecognized...... BUT MORE IS COMING TO SHAME THEIR WORK as we pursue what the SO did to the tapes, as it comes out what lack of evidence control by Schadle was allowed to pass unchallenged .... felony compounding felony.



Here's Tom Eagle's round... SCORE! possible bloodhound alert!!


Eagle spun on a dime as soon as he had the Judge's illegitimate Orders and fired a salvo with case law from a CASE THAT HAPPENED IN BROWN COUNTY IN GUSWEILER'S OWN COURT in which Gusweiler absolutely affirmed the then coroner's right to re-open the old case to examine NEW EVIDENCE and CONTRIBUTED TO THE IDENTIFICATION OF THE WHO-DUN-IT by re-examining the earlier coroner's data to alter the time of death to be more accurately determined AS WELL AS also opening it earlier when the coroner became aware of facts that were not originally in his grasp about the victim's hands that changed the cause of death to HOMICIDE...

Here's Tom Eagle's KNOCKOUT FILING

and here's the 12th District Appeal Court affirmation that the Curtis case was handled properly even though the accused claimed precisely, as one of their grievances that the Coroner had opened the old evidence in his records after all concluded it was closed... The Court affirmed that the coroner acted rightly.

Now you tell yourself just how short of a memory the courthouse Robber Gusweiler will have to claim to have to not 'recall' that widely publicized local case coming FROM HIS OWN COURTROOM in 2009, only six years ago, prosecuted by Schadle's Babe Little. And to add to the memory challenges, it was Schadle himself who went to Florida to retrieve the accused where he'd thought he was safe, but is now convicted. Gusweiler ordered 15 years in the penetentiary using evidence resurrected from a TWELVE YEAR OLD MURDER...on two separate occasions opened by the coroner to improve justice results...

Gusweiler, Schadle and Little ALL KNEW THAT THE CORONER HAS THE RIGHT TO PURSUE NEW DATA THAT WOULD ASSIST LAW ENFORCEMENT TO SOLVE CRIMES, USING THE INQUISITION IF NECESSARY, AND FOCUSING ON WHAT ASSISTANCE MEDICAL KNOWLEDGE COULD ADD TO THE UNDERSTANDING OF THE CRIME, THE WEAPON, THE WHO-DUN-IT AND SUCH CIRCUMSTANCES AS WOULD SERVE JUSTICE FOR THE DECEDENT....

We especially like Eagle's helpful attitude in favoring the Judge's need to CHANGE HIS MIND once he is reminded... rotfl when you read it..... ttyl


Tuesday, April 14, 2015

Karma for Gusweiler and LawEnforcement -- Here and Boston

Blow-by-blow: Last Gusweiler round here in Common Pleas Brown County... Thomas Eagle scores ! ....again!! and again
THE BATTLE OVER THE SANCTITY OF THE CORONER'S PRIVATE WORK FILES


Tom Eagle
-- the coroner's family lawyer -- filed the Motion to protect her work files because Phillips -- the Death Squad's lawyer, Eagle's main opponent -- had pilfered files from those private storage workspaces to use as an ambush claim in the final hearing March 7th and claimed that the files proved that the coroner was engaging in "convening an inquest" based on her husband's tentatively proposed 'preliminary' working comparison of testimonies and video security-cam data....

The murderous thugs' lawyer was in effect demanding that the coroner not work on her own case information when she is faced with his own blessed attack case in Federal Court on those same events in the files.... Imagine someone using this court to try to tie the hands of his opponent in his federal case against that opponent ---

Gee, the Death Squad thugs's modus operandi of attacking a victim that they had handcuffed and shackled seems to have taught their attorney the Death-Squad's very own 'philosophy' of 'fair fighting'.... rotfl

The Death-Squad's lawyer (Phillips) in his next filing then responded with more detail on his acquisition of those files' location... Phillips admitted that he had induced Rob Junk -- who was originally induced somehow to replace Prosecutor Little, aka Schadle's babe, to do the county-obligated law-work pro bono for the coroner -- to divulge the location of the Coroner's private work files in online storage space. Phillips tried to claim that Junk was more ethical..... rotfl

Whew, now is it clear why this stage of the battle is difficult? Fortunately the case here in BC Common Pleas is near the end, finally...

In the next round, right on time, Eagle responded and made it clear that Phillips getting the files was still unauthorized since the owner of the files had not released those files to be distributed. That accessing the preliminary work files, to the extent that Junk had seen them, CONSTITUTED a violation of ATTORNEY-CLIENT PRIVILEGED CONTENT. BOOM! Sounds like Bar Association investigation time. [ Being cynical about the Bar Association sorta spoils the fun. ]

Theoretically three rounds is all you get. UNLESS there's an ambush hidden in a reply. Well guess what, THE BIG PERPETRATOR OF AMBUSHES -- namely Phillips -- had guilty visions that he'd been ambushed because he didn't see that Attorney-Client Privileged Communication threat-shape coming in his admission of inducing Junk's revelation.... So, like clockwork, Phillips fires back, shrieking that Eagle had cheated and dumped NEW CLAIMS ON THE TABLE in an ambush-like tactic. FREUD's REVENGE GOT PHILLIPS RILED... and he tried to add a MOTION TO STRIKE ALL 'NEW' DATA...

So without missing a beat, Eagle responded that it was Phillips who had dumped new stuff on the table when Phillips made his revelation that the files had been gotten from Junk. HENCE EAGLE HAD A RIGHT TO RESPOND TO THAT REVELATION and not doing that response 'before' was not an 'omission' that would have constituted a 'waiver' of his now claimed right to add the attorney-client realization... IN FACT his earlier 'omission' was due to Phillips' concealing the Junk-revelation and so HIS 'OMISSION' of the attorney-violation-complaining WAS NOT A MATTER OF HAVING WAIVED THE RIGHT TO MAKE THOSE POINTS. And so Phillips' basis for the Motion to Strike was invalid, Phillips' stuff was 'new' and Eagle never waived any right to challenge it before.

That leaves the egg on Phillips face and leaves Gusweiler with NOTHING to validly use for his wanted CONTEMPT charges. CAUTION, It doesn't mean Gusweiler won't do it anyway, based on his past history of invalid decisions (in the case cited earlier where the Brown Countian taught math logic to the unwilling OSC on Ohio's faulty case law giving immunity to obnoxious, unrighteous civil servants)..

Now we wait.... but maybe there's a better back door for Gusweiler,,, WHAT HAPPENS WHEN THE FEDERAL COURT FIRES UP ITS GAVEL AND TAKES OVER THE BATTLE BETWEEN THE DEATH-SQUAD AND THE CORONER....???


ENTER CINCINNATI'S FEDERAL DISTRICT COURT ACTION......


The Latest in Cincinnati....


Phillips is celebrating Eagle's Motion to Dismiss. So brace yourselves, because this is the moment the lying reaches fever pitch BECAUSE in a Motion to Dismiss, the Judge IS OBLIGATED TO SWALLOW EVERY LIE A CORRUPT PLAINTIFF CAN MUSTER IN THEIR DEFENSE. so that the Court would appear unprejudiced against the dismissal-victim while the Judge and dismissal-seeker are seeking reasons to dismiss the case.... The Court then appears Justified in dismissing lousy cases without ever dealing with the merits, just looking for cracks in the rules and procedures that would make the lying game not work even if it were true.....

However in this case, IMO, we may not want the case dismissed either. Though Dr Varnau and Eagle may want it over with.

Consider this. If the case is dismissed AFTER Gusweiler's control is wiped away by the Federal Judge taking jurisdiction somehow [ theoretically removing the Death-Squad's TRO-stop-Coroner-action need for Gusweiler ], then yes we get the Inquest BUT IF THAT INQUEST DOES WHAT IT SHOULD BE ABLE TO DO, namely nail the evidence down that completes the Coroner's picture, TELL ME WHO IN THIS CORRUPT ENTERPRISE IN BROWN COUNTY'S LAW ENFORCEMENT IS GOING TO CHARGE THE KILLERS?? AND THEIR ESCAPE TEAM full of big state-connections?? Who's going to summon another Grand Jury? Who's going to prosecute? Who's going to judge? Where would Justice come from?

WHEREAS, I might believe the District Attorney in the Southern Ohio Federal Court (Carter M Stewart being an out-of-state Democrat who's prosecuted drug and gun crimes when he was in California ) just MIGHT take custody of the evidence WHEN THE FEDERAL COURT -- complete with jury -- lays out all of the guilt and demolishes the lying IN THE TRIAL ON THE MERITS..... and EAGLE COULD DO IT..... he's excellent at merits and there are lots of defense merits...... Agreed?

The DOWNSIDE is that such a trial on the merits will TAKE A LONG MISERABLE EXPENSIVE TIME.... but at least it goes some where that rids the County AND STATE government of a laundry list of corrupt frauds in law enforcement... including not just the Death Squad and the former-chief-deputy Schadle but also the Attorney General's Special Prosecutor-turned-Defense-Lawyer Breyer and his AG investigator Hornyak... hey maybe even the BC Prosecutor and the rest of the TWO-BIT GANGSTERS AT THE SHERIFF's OFFICE WHO STONEWALLED TO PROTECT THEIR MURDEROUS DEATH-SQUAD THUGS in their saluted uniforms...........

So now just what does it take to get to the finish line going in that direction..??

Some serious money on the Plaintiffs' side as well... Since Eagle has already filed his Answer as well as even his Motion to Dismiss, then (under court rules) the Death-Squad can't practically back out if the price goes steeper while the merits battle looks shaky... they can no longer just easily fold their tents and drop the case if the heat gets going in the Discovery process?

And on the money required.... Did the Death-Squad put up initial cash with the agreement that the winnings would pay the lawyers after the finale? Then it was Phillips calling of the shots on continuing...? He may be in over his head already... sweating Eagle's skill in the courtroom with visions of Eagle putting the kabotch on Phillips' winnings, his greedy payoff expectation of County deep pockets...

But who knows..., Phillips experience may show that he's good at smearing the opponent -- 'Dr Varnau is only a Doctor of Osteopathy' and has no knowledge of physiology, chemistry and physics for forensics, rotfl at Phillips smear attempt, he is just so annoying !! Does he think Judges are so ignorant of medical education requirements? Maybe he does.....

Unfortunately, Phillips is so bad, that the federal case will likely get thrown out.... whether we want the merits-path-to-the-District-Attorney or not...

First of all.... Eagle has the right to insist that the federal court "abstain" from involvement using the same Pullman case law that Eagle tried unsuccessfully in the Elfers case. He'd launch it again because, unlike the Elfers' lawyer (being smart enough to insist they were not challenging any Ohio law), Phillips' list of 'Counts' of complaint are all predominately matters of Ohio law....just cloaked in federal constitutional rights framework.... so either the Ohio law fails the constitution's needs or why is Phillips in Federal Court?

Specifically, Phillips even uses the sort of phrasing used in ORC2744.03(A)(6) in describing their grievances in all the Counts 1-4. When you look at his paragraphs 83 to 99, (in their Amended Filing) Phillips complains that Dr Varnau was acting in bad faith, engaging in malicious abuse of her authority, and proceeding in a reckless and wanton manner to cause loss of property (property being the Death-Squad's reputation, professional career opportunities and such).

The federal judge (also the same Judge Barrett here as in Elfers) in the Elfers case clarified Eagle's use of the Pullman abstention rule to say the plaintiffs should not bug the federal court under various circumstances which included "when the challenged law is susceptible of a construction by state courts that would eliminate the need to reach the federal question"..... but Elfers demanded their claims were separate issues from what's in the Ohio law being cited as relevant....

BINGO! The Pullman abstention didn't work for Eagle's challenge to Elfer's lawyer because Elfer's lawyer specifically said they were not basing their complaining on Ohio laws, BUT PHILLIPS IS MIMICKING THE OHIO LAW... majorly

And BETTER YET.... the main law that Phillips is mimicking in his Counts 1-4 is precisely ORC2744, the law where the Ohio Supreme Court SCREWED UP IN LOGIC AND PUBLIC TRUST... Their instructions to state courts on how to interpret ORC2744.03(A)(6) have denied Ohioans their right to protection from dictocratic bullies and thugs in government employment...

Specifically their screw-up consists of the real law versus the mangled interpretation
    1) the ORC2744.03 DEFENSES -- IMMUNITY law says in division (A)(6):

      In addition to any immunity or defense referred to in division (A)(7) {referring to prosecuting attorneys, law directors, etc} of this section and in circumstances not covered by that division or sections 3314.07 {referring to community school contractors} and 3746.24 {referring to voluntary-action & hazardous-substance contractors} of the Revised code, the employee is immune from liability UNLESS ONE OF THE FOLLOWING APPLIES:

        (a) The employee's acts or omissions were manifestly outside the scope of the employee's employment or official responsibilities;

        (b) The employee's acts or omissions were with malicious purpose, in bad faith or in a wanton or reckless manner;

        (c) Civil liability is expressly imposed upon the employee by a section of the Revised Code........

    and
    2) the esteemed Justices of the OSC said basically:
    in the infamous Colbert v. Cleveland, 99 Ohio St, 3rd 215, 2003-Ohio-3319, that's constantly cited...

      Determining whether a political subdivision is immune from liability pursuant to ORC2744 involves A THREE TIERED ANALYSIS...

      The first tier is the GENERAL RULE THAT A POLITICAL SUBDIVISION IS IMMUNE...

      The second tier of the analysis requires the court to determine whether any of the five exceptions to immunity listed in ORC2744.02(B) apply....

      and EVEN IF ANY OF THE EXCEPTIONS TO IMMUNITY IN ORC2744.02(B) do apply and no defense in that section protects the political subdivision from liability then the THIRD TIER OF THE ANALYSIS requires a court to determine whether ANY OF THE DEFENSES IN ORC2744.03 APPLY, THEREBY PROVIDING THE POLITICAL SUBDIVISION IMMUNITY ANYWAY.


Isn't that third tier fancy??!! Thoroughly stonewalling and concealing that there is that subsection of ORC2744.03 namely divisions(A)(5) and (6) that DENIES IMMUNITY AND DOES SO ABSOLUTELY WHEN THE EMPLOYEE IS BEHAVING LIKE A ROGUE,......

Nor can any other section, division, chapter make the rogue immune in spite of this division or else that section, division or chapter would be ripping this division up as untrue requirement to be insisted on and ULTIMATELY violating the inherent self-consistency that the Rule of Law demands. Laws cannot contradict one another and some such hypothetically rogue-defending law would contradict this DEFENSE OF WE THE PEOPLE.......

So that case law denial of rights and a violation of the Constitutions of state and U.S. has been in play for many years... too many, affecting many cases since the classic Colbert case law source is from 2003 ... twelve years of dictocratic tyranny imposed by the case law of those instructions.....

And if the OSC were told to straighten that mess out MADE BY THE OSC, then NOT ONLY SHOULD THE CASES WHERE OHIOANS HAVE BEEN WRONGED SHOULD BE OVERTURNED, just like the discovery that some racially prejudiced judge's lengthy handiwork was undone.... BUT IN THIS CASE, the Phillips' thugs would be obligated to take their dirty lies into STATE COURTS and start over under Pullman's abstention rule applied after unravelling the OSC tangle.... who's going to do it..... Eagle, maybe..... imagine the federal judges telling the OSC Justices they were officially wrong... could Eagle do it? He may have to, sort of... for Counts 1-4.....

Hence Eagle has Pullman's Abstention and Barrett agrees, so Phillips would have to defend his choice to go to federal court by dragging the OSC dirty laundry out as his reason for not taking his clients through that denial of constitutional rights. Barrett may not agree that such 'premonitions of being cheated' would justify going straight to federal court and triggering arguments convicting the OSC of damaging the DeathSquad thugs' federal rights in order to attack the Coroner without the State Court's twisted defense of the coroner.... and so Barrett would most likely dismiss those four Counts.....

Yet we've seen -- and Phillips could point to -- the Scioto jailers who ignored the desperate medical needs of inmates and got immunity granted them in Ohio courts by Ohio lawyers, only to be finding themselves in federal court with no immunity when the inmate's sister pursued (after the state court's damage was done) her grievance to federal judges who correctly interpreted the ORC2744 as denying immunity to rogue employees....

Only this time it's jailer-thugs that are demanding that it's the doctor who is a malicious thug..... rotfl, covering eyes to relieve the strain of crossing eyes tracking opponents switching sides....

And if that Counts-1-4-snafu wasn't enough of an indication of Phillips lack of grasp of strategy and law and logic, there's an even more incredible snafu...., in Phillips Fifth Count, he literally claims that ORC 313.19 authorizes "this court" to make the coroner change her verdict.... [ clasp face and groan ]... literally he says the ohio law authorizes federal judges to act in affairs of ohio's coroners, when the law clearly says the COMMON PLEAS COURT is so charged under the appropriate circumstances...

It appears Phillips doesn't know where he is, he thinks he's in state court..?. rotfl, whoops it's not nice to laugh at sick people..... hmmmmmm.....

Phillips may not be very good at defending his clients BUT at least maybe he's not the prize winner for Most Prosecutorial Defense Lawyer ..... AT LEAST HE'S NOT OPENLY CONVICTING THEM like we see in the false flag operation to blame a Russian/Moslem (double-political-whammy) target in the Boston Marathon.... that fellow Dzhokhar (pr? Djokar ) Tsarnaev did not do 'it'... BUT HIS LAWYERS DECLINED TO CHALLENGE *ANY* -- NONE -- OF THE OFFICIAL PROSECUTOR'S CLAIMS ABOUT THE EVENTS.... how's that for a "defense"...

Dzhokhar steadfastly denies he or his brother did it... ....

Early photos of the exploded cookers showed that the remains of the backpack that placed the claimed exploding device WAS NOT THE BROTHERS' BIG BACKPACK THAT WAS SEEN ON CROWD PHOTOS THAT INCLUDED THE TSARNAEV BROTHERS, even in the moments after the explosion (theirs was still on the elder one's back)...... the strap and zipper location AND COLOR were wrong, AND the INSIGNIA PATCH (white square)

WAS FROM what appeared to be THE AUTHORIZED SECURITY CONTRACTORS FOR THE EVENT (Craft International?) and the Craft guard DID NOT HAVE HIS BIG BACKPACK AFTER THE EXPLOSION when the guards were leaving the scene .....

and many other intentionally false impressions for the media, plus evidence of the handiwork of crisis actors have been found in video coverage to exaggerate the terrorizing intended........ plus the chase and capture video footage (even on major media) that contradicts the official story of the prosecutors...

It was ripe for all sorts of challenges.... all of 'it' just NOT DISPUTED BY THE CHOSEN-BY-SOMEONE DEFENSE ATTORNEYS supposedly defending the younger Tsarnaev... so you take your pick... are the federal cheaters any better, or more proficient, or more integrated with the perpetrators of the TRIAL BY JURY HOAX than the Death Squad's cheaters, in Court and outside federal court, so far...

Of course the Death-Squad thugs have turned the game around and are using the state law-against-governmental-rogue-authorities to prosecute false charges against the high performing authority busily pursuing the suing thugs to get justice for the victim...... rotfl at these upside down BC imitators of the big time federal cheaters...

Oh well, we would recommend that the wonderfully honest KY Senator (Rand Paul) who boldly published that the emperor was naked and the Emperor and his minions were Government Bullies would be impressed with these small town imitators.... hope you were entertaining his sleuthing in spite of official 'stories' of who we should be terrified of......

Well, I guess that should be enough damaging fun..... ttyl, clasping head and laughing, you can't make these things up....

And as for Dzhokhar, none of the Innocence Projects will likely be able to penetrate to his real Defense.. not the phony 'blame-it-on-the-dead-brother' prosecution-by-govt-selected-'defenders'..... eh guys? ttyl