Since there was no substance in the Plaintiff-Murderers case (see last posting) and their 'unsuspecting' lawyer Phillips had inadvertently given the Defendant-Coroner the prize evidence-videos that the murderous Deputies and Jailers had prevented her from getting, in spite of law-authorized subpoenas, the Judge was left with very little to work on, in order to cheat the coroner. He doesn't worry about cheating Justice every day.
That's where this story stands. For the details on the earlier battles, we've covered those in these earlier posts, since all this chaos takes time.
If you decently want the overview -- In chronological order:
-- Threats & Death at the Jail, and the Coroner's Investigation Points to the 'Death-Squad' of Deputies and Jailers, compounded with higher Sheriff Office authorities destroying evidence and enlisting state authorities to cover the whole mess up. Mother of the victim uses her rightful access to the coroner's data to stir the county up. How we waited for the TEST of the Justice System to see whether the local Grand Jury can deal with what's coming. WHILE WE EXAMINE THE CORONER'S REPORT... the irrefutable evidence logic was the MARKS ON THE KID'S THROAT -- BLOODED, NARROW, FLAT AND PULLING UPWARD FROM THE BACK, thoroughly never caused by the neatly tied bunchy WIDE SHEET with UNSTRETCHED KNOTTED END ON THE SIDE OF HIS NECK --, see for yourselves... BOOM.. HOMICIDE......
gee whiz this is going to be a slam dunk we hoped if only that Coroner's Report was spread around. So we and the open source local bloodhounds did
-- No luck but surprises.
Surprise #1: The Death-Squad Strikes Back... While waiting for the Crony Special Prosecutor (Breyer) and his Attorney General Special Investigator (Hornyak) to complete their Travesty of Justice Defense-instead-of-prosecution to bamboozle the country bumpkins on the Grand Jury, the Death Squad hurries its strategy into Federal Court with another lawyer (Phillips) in order to claim the Coroner is violating their civil rights, get that?
Surprise #2: The bold liar (Breyer) from Columbus releases a GRAND JURY REPORT, not to be outdone by Ferguson's scum. Boy, did we have a field day taking it apart, nailing Breyer's SUPPRESSION OF EVIDENCE gathered by the Coroner, his TWISTED LAW DEFINING to cover up assault by deputies, and his CONCEALING THE FORENSIC EVIDENCE FROM THE LIGATURE MARK, -- namely it's back-pulled-direction and its narrowness and bloodiness (versus the neatly level, unstretched sheet set for side yank-resistance)..
Since crucial pieces that appeared to be needed to identify alternative 'when' and 'how' were missing (the hallway video) and the actual BCI Report, denied to the Coroner as well, much speculating and logic-testing did pile up.
-- Free-for-all Lawsuit Blizzard Erupts -- As if the federal civil rights case filed in August was decently defendable, and if the Grand Jury data was so solidly relieving those Death-Squad deputies and Jailers, then you might wonder why they were so TERRIFIED of the INQUEST PLANNED BY THE CORONER TO RESOLVE THE DISAGREEING EVIDENCE between the Coroner's Report and the Grand Jury Prosecutor's Report -- which resolution obviously needed to be done. Answer: it was because at an inquest the Death-Squad would have no lawyer in the room to fend off questions they didn't want to answer under oath... Two of them had already DECLINED A CONTINUATION INTERVIEW (under oath) BY BCI in the early stages. Gee how that could hurt them! Yes it would.
So -- against all standards of fair play in court battle -- Judge Gusweiler let the Death-Squad's lawyer file a lawsuit WITHOUT NOTIFYING THE CORONER THAT THEY WANTED A RESTRAINING ORDER TO STOP THE INQUEST SO SHE COULDN"T OPPOSE IT and tie it up with court wrangling while her resolution process (as well as the federal court's agenda, long prepared for already and having priority) went ahead, even though it was not due for a couple weeks. Imagine that. Then a lawyer for the Sheriff jumps in with his own lawsuit and refuses to comply with the Coroner's subpoenae for his email and phone records. More lawyers jump in, as well as the local Prosecutor jumping out, and the Commissioners get all excited, having just been forced to pay more lawyer bills for all of them, plus an apparently unrelated law altercation in the Board of Elections. Boy were they hot!
Gusweiler doesn't recuse himself, and instead butts in to federal court territory --clearly unlawfully to relieve HIS FAVORITE BULLIES with a Temporary Restraining Order and with all the lawyers, jumping in and out, there was NO TIME THEY COULD AGREE ON for a hearing AS ALL AVAILABLE AND READY. So all the action only consisted of Motions and Answers for months. In the altercation, the BCI Summary for Breyer to use on the Grand Jury became available and showed that it was not just Breyer whitewashing claims that deceived the GrandJury, it was ALSO Hornyak DOING THE REAL FORGERY OF EVIDENCE. They should both do 'time' instead of being paid county tax funds. Agreed? We were hoping the Commissioners would support NON-PAYMENT. No luck!
-- A Breakthrough: All the Motions and Oppositions became a circus with only one good performer, Tom Eagle, the Coroner's personal lawyer. As can be seen in the law research presented and logic of application argued. By contrast the Death-Squad lawyer (Phillips) bungled the ball, opening access to the video evidence that the Coroner had wanted and then, realizing the danger with Tom he ordered the Judge to fire Tom. A genuine Circus but A CHANCE AT JUSTICE . And that video (in a publicity ploy by Phillips) ends up online at Youtube,,, Open Source Bloodhounds delight and even though the coroner couldn't convene an inquest, the bloodhounds were making progress, holding their breath in realization that Gusweiler wasn't reliably interested in truth or facts or even law.
-- SO THIS IS WHERE WE STAND with Gusweiler just completing the long awaited hearing on Saturday the 7th: It was an all day affair and the Judge was clearly hostile to the Coroner but it didn't help his crony lawyers who had not a bit of decent argument for Gusweiler to plagiaristically adapt for his 'Decision'. As a consequence, and not ignoring the involvement (in one capacity potentially) of 8 lawyers, the all day hearing did set the date of the 16th of March for those submitting Briefs to have them filed, WITH NO CHANCE OF RESPONDING TO OTHER'S BRIEFS.
For anyone questioning the opinion that the Judge was hostile, you must remember that he CHOSE TO VIOLATE HER RIGHTS AS A QUASI JUDICIAL ELECTED OFFICIAL WHEN HE CHOSE TO ISSUE THE RESTRAINING ORDER -- a move for which he had no authority and hence that reveals from the start that his allegiance IS NOT TO JUSTICE BUT TO HIS SUPPORT BASE IN THE SHERIFF's OFFICE.
Can you imagine how POWERLESS THE JUDGE IS WITHOUT THE SHERIFF's OFFICERS TO ENFORCE HIS ORDERS, TO DELIVER HIS BAD NEWS TO CITIZENS, TO JAIL THOSE WHO REFUSE TO COMPLY WITH THE JUDGE's ORDERS...??
His allegiance, just like a PROSECUTOR's ALLEGIANCE to law officers, is to the bully force THAT EMPOWERS HIM IN REALITY.
Gusweiler should have stepped aside and handed the case to at least an outside judge appointed by the OSC. At least that was clearly a conflict of interest in his choice to go ahead and automatically makes it no surprise of him being hostile to the Coroner.
But is goes deeper. in several dimensions. But staying within the area of Court operations and rules, he is now stuck with his INVALID POSITION AND OPENING VIOLATIONS OF LAW.
And.... With no decent argument coming from his allied party against the Coroner, and with the video data she needed for the Inquest now in her hands due to a tactical error by his allies' lawyer, you'd think this Court would be backpedalling rapidly.
But in for a penny, in for a pound, it seems. Weighing it up:
1-- Gusweiler butted in where the Federal Court had already been summoned by the same Plaintiffs, over the same issues so it should have been time to recognize an untenable intrusion (that would be inherent in different opinions and whose should stand) and duck out.... but no...
2-- Gusweiler has no authority to prevent another office holder, a peer, from doing what the law authorizes that office holder to do, which is precisely what he is attempting to impose with his restraining order.... has he even considered those wrongheaded ideas as untenable in any orders he might want, now that Tom Eagle has clearly and elegantly made that claim and defended it...? No that's still on Gusweiler's agenda.. making the Coroner's Lawyer a double annoyance.
-- Apparently Gusweiler has no fear of any higher court authority overseeing his outrageous usurpation AND PUNISHING HIM, which implies that in Ohio, judges are dictators. He just has to be able to make some distorted argument -- based on lies of the plaintiffs that he grants credibility to, deserved or not. So far, Phillips handiwork doesn't sound credible. Making the restraining order permanent doesn't look too promising on its own.
-- Curiously, the Ohio State Coroners Association -- who should be screaming at this UNPRECEDENTED violation of their PROFESSIONAL RIGHTS -- is not among the players demanding that the usurper stand down which then allows this outrage to be a precedent to subjugate the defenders of the dead (if they ever live up to their obligation).
But then again, maybe there's a matter of financing as a sign of weakness in their position in the hierarchy... where do they get their funding and where is their law department.... a map check of the head office of OSCA shows that it is a cigar box on a highway access road filled with truck loading docks... another indication of the loss of stature of the Common Law defender of the dead.... They are comatose and led by one of the coroners who was silent when Breyer interpreted their medical findings as 'suicide'. You cannot determine 'suicide' from just the body so Breyer's pretense was that there was nothing indicating a 'hogtying' and 'abuse' and the coroner overseeing the autopsy found silence safer.
MAYBE HIS PLAN IS TO AVOID THE CONFLICT-ON-MERIT AND USE HIS TRUMP CARD
At the Saturday Hearing, Gusweiler was not afraid to be dictatorial and indicate that he could decide the case on his whim as we saw him build the possibility that he would use the Contempt of Court charges against the Coroner initiated falsely by Phillips earlier and added to at the hearing..
Back when the Restraining Order was first placed, the Coroner's husband who is in Law Enforcement, a lawyer and engineer by training and who accompanies his wife to death scenes for her safety, had started working on organizing opportunities for any in the community who had knowledge of some aspect of the Zachary Goldson homicide situation to contact him. He also manages a lot of the research and website content for her office from his own background. Hence he was actively checking some of the engineering behind the physical components of the sprinklerheads, where there were large disputes between the Prosecutor's claims and the earlier evidence that formed part of the bases for the Coroner's Report on those devices being claimed as part of the suicide claim.
When the TRO went into effect, Varnau (Dennis) disconnected the link for the inquest data collection. But further work on engineering data and analysis of data was NOT CONVENING ANYTHING. Which was compatible with the precise statement of the Court Order, as can be seen. Specifically the Gusweiler wrote:
IT IS HEREBY ORDERED:
1. That temporarily, until further order of this Court, the Defendant Brown County Coroner's Office, and all those in active concert or participation with the office who receive actual notice of this order and each of them, be enjoined and restrained preventing Defendant from convening an inquest until further order of this Court.
2. That the Plaintiffs have such other and further relief as may be equitable.
The definition, law or otherwise. of 'convening' says that 'gathering a group' for a group purpose is what is enjoined. Phillips must never have done his homework in preparation for a test, or practiced for a play. It was the SETTING FOR THE TEST and/or the TICKET SELLING and LIVE PERFORMING that is the 'convening' for the stated purpose. In fact, the most competent and high performing students prepare for the lessons to be covered in the next class before ever setting foot in the lecture. (Peak Learning, by R. Gross).
Because Gusweiler indicated that he also was such a slouch in work habits as to consider doing preparation for a performance to be 'convening'. so even Tom Eagle decided to fold and be cautious about the tyranny of Contempt of Court by Judges who are already hostile to his client. Hence Eagle instructed the Varnaus to remove all public access to their work on the inquest. Public access does not mean remove it from your hard drive, by any stretch of law or silicon valley engineering. Nor does it mean that you have to sit on your hands totally.
But what if your hard drive is part of the 'cloud' -- the storage facilities of the internet, as the Varnaus' was?
The internet is a web of computers and hard drives and the catalog of public data is managed by the 'spyders' that crawl the index pages and provide the public search engines with direction to find the public areas of the interconnected systems. Anything not so hyperlinked to some domain's index is private. as confirmed by courts affirming that as 'protected computer resources' under the law. So Dennis Varnau was working on his own protected private hard drive. With a significant invested power point project to compare the Death-Squad's BCI-filmed-testimony with the provided footage of the security cameras' video files. Identifying the 'mis-speaking' and what happens to the handcuffs. Serious bloodhound results.
But now the tyranny factor opened the door to FELONY,
Wayne Gates, the editor of one of the local papers with the reputation of being the party-in-power's mouth, sought to favor the Death-Squad and their lawyer and build his reputation. Boy did his quest for fame succeed in his willingness to expose himself to the faulty law protection of Phillips. Gates effectively confessed (boldly and proudly) to committing a felony five (6-12 months prison) at the behest of Phillips. Who needs that lawyer! Phillips should have left his law degree at the door! Proper lawyer Research would have turned up 18 U.S.C. 1030 (a) etc or Ohio's state law's ORC 2913.04
Gates brought up the power point file on a laptop for the Court to see, using a private hyperlink. Dr Varnau and Eagle protested that such access was violating their private data and was not a public 'convening' of any kind.
Gusweiler was so eager to have something appearing to support his tyranny of Contempt rulings, that he wouldn't even hear of testing Eagle's assertion that the screen could be merely displaying a cached file from prior to the TRO . And Gusweiler's glee at his hammering gavel of contempt charging led to his next move in his project to build a damaging case against the Coroner.
Considering his own lack of expertise, such display of tech expertise opens the door to both directions. In the hands of a favored party, the demonstration of knowledge of an area of expertise bolsters his already biased opinion of that party's credibility as an expert. In the hands of a disfavored party, such a demonstration is suspected as an attempt to deceive and evade the judge's questioning and thus offering GROUNDS FOR A TYRANNICAL CONTEMPT CHARGE.. No law reading, no fact-finding, no understanding, all inflated prejudice of supposed;y trustworthy opinion, straight tyranny.
He literally indicated that he was leaning toward considering Dr Varnau's answers as 'evasive'. It's an opening he's used in the past against opponents he considered too proficient in combat against a county dictocratic bureaucrat, so that the bureaucrat could win against the substance of the law and against the facts and science being in favor of the proficient party. More sly than the bold oppression of the creative fines-extortion seen in Ferguson, but serving the same goal, oppressive tyranny.
Gusweiler was so gleeful once the DVD copy was entered into evidence that he locked the DVD in his office safe instead of its proper place in the case file.
But it was immediately acquired under public records requests and circulated.... We'll look at it momentarily and with no cause for worry over further felony. because NOW IT'S PUBLIC DATA BY THE COURT RULES AND THE PLAINTIFF's CHOICE to enter it as court evidence!
Score points for Justice's possibility with the Death-Squad and cronies going to prison, BUT WHAT OF THE IMMEDIATE THREAT TO THE CORONER OF GUSWEILER's TYRANNICAL CONTEMPT CHARGES TO PUT HER IN THE DEATH-SQUAD JAIL.
The dilemma excitement is only beginning. Don't you agree... Decisions on the Restraining Order are yet to be considered. Due to the number of lawyers and clients (though there's only one real pair of opponents), Gusweiler ordered those lawyers to submit their Briefs on Monday the 16th (next week) BUT ALL SIMULTANEOUSLY AND WITH NO ANSWERING battles. At the Clerk of Court's website, the case is 20150001
Now for the bombshell that's IN THE POWERPOINT VIDEO:
[It's rather long but it moves well while in play]
Watch for the interview with CO Felicia Landacre (it's shown twice, the first time at the 19 minute mark, then at 38) and her religiously reported instructions from Meyer to Shadle Jr (on his smoke break) to get the cuffs that were put on Zach when they subdued him after the escape attempt. Then she watches them swing into action to get the cuffs and reports that THEY WENT STRAIGHT TO THE CELL. And that she supposed 'they had left the guy in the cuffs in the cell but didn't know about that' Then watch the clip as Shadle cuts his smoke break short (Landacre reported that they took only 5-10 minutes instead of 15, acting purposefully) and GOES DIRECTLY TO CELL #15... for reading their intended destination, watch their angle after they make the turn from the booking room, they walk diagonal toward the cell15 side of the hall not the commissary side of the hall... their feet stay to the left of the center line, definitely aiming to cell#15, not as an afterthought when getting to their destination. Cell 15 was their intended destination.
And per Dunning, they were to do a whole block check in a little while, so WHY PICK TO LOOK IN CELL15 AS A SPUR OF THE MOMENT CHECK **INSTEAD OF CHECKING CELL 14** WHERE THERE WAS A SUICIDAL INMATE THEY WERE SUPPOSED TO BE CHECKING **FREQUENTLY** and had clearly neglected. Any responsible impulsive checking would aim to patch up the neglected duty, agreed?
"Force of habit" (Shadles explanation for checking 15) was a joke on the cop-kissy interrogator who didn't even choke on it.......
GUILT ALL AROUND FOR THE DEATH-SQUAD, and ALL THEIR COVER UP TEAMS, local and DEWINE'S FOOLS,.. and now add Gusweiler and Gates as complicit fools, each with their own agendas.
--- not a chance of deceiving the jury of expected country bumpkins, not even with Hornyak and Breyer on team-coverup to make the claim that Zach **IN HANDCUFFS BEHIND HIS BACK** COULD HANG HIMSELF FROM THE SPRINKLER HEAD ---- BOOM !!!
And Landacre is CREDIBLE, not one of the suspects, was not near the events in the cell area at any point, but had a good watching post at the desk with the intercom and screens. And she got Meyer's call-content to relay and watch the effect. Perfect timing by a non-involved observer. So she's credible as a witness, good view/involvement but not even remotely a suspect.
By contrast, McKinzie spends time being pals with the suspects instead of staying in the front desk area where Shadle said was the *females'* area.
Landacre was the blessedly right person in the right place and the right time for Justice to have a chance! ENJOY --- WHILE YOU MAY, BECAUSE THE OUTCOME IS ANYTHING BUT KNOWABLE because this is a drain on everyone's resources.....
Dropbox Download if you prefer, try the copy at: Comparing Testimonies and Security Camera Clips (mp4)