Showing posts with label Tom Eagle. Show all posts
Showing posts with label Tom Eagle. Show all posts

Sunday, March 1, 2015

Death-Squad's Lawyer Hands Coroner the Victory.. A Chance for Justice

Death-Squad's Lawyer Hands Coroner the Victory..?? Opening up a Chance for Justice?

ROTFL, unbelievable.. THE DEATH-SQUAD'S LAWYER INADVERTENTLY GIVES THE CORONER THE EVIDENCE SHE'D BEEN DENIED BY THE DEATH-SQUAD'S CRONIES -- AND THEN EMBARRASSINGLY, THAT DEATH-SQUAD LAWYER ATTEMPTS TO 'FIRE' HER LAWYER... WHAT NEXT! What Next!

And then OPEN SOURCE SLEUTHING TAKES OFF, in spite of the crony judge restraining the 'Defendants' -- Coroner Varnau and staff -- from 'convening the inquest.

Phillips --that LAWYER for that murderous bunch of sheriff's deputies and jailers now labeled the DEATH-SQUAD -- INADVERTENTLY GAVE THE CORONER ACCESS TO EVIDENCE THE SHERIFF&SHADLE HAD BLOCKED her from gaining via her law-authorized channels... not quite all that her subpoenas had specified in advocating for full investigating not being done by BCI, like death-squad phone records, but all the video records that the cover-up team of Shadle & the Sheriff & BCI had control of....

So should we feel sympathy for such a criminal gang having the misfortune of having enlisted an incompetent court-mouthpiece... pshaw, no!

WE SHOULD CELEBRATE WHAT LITTLE JUSTICE WE CAN FIND EVEN WHEN IT'S MERELY AN EARNED ACCIDENT..... so CHEERS!

oh yeah, Phillips thought he could overwhelm the courtroom battle so he was grabbing some favorable bravado, with his flashing the evidence in reach of the media, attempting to see them drool, but that was shortlived, and it did not compensate him as he'd planned for his lack of genuine law-based battle-position... Their claims are faulty in the extreme... -- AND so, after a couple of rounds in memorandum-battles, SEEING HE IS THOROUGHLY OUT-ARGUED BY TOM EAGLE, HER PERSONAL FAMILY LAWYER -- you won't believe what his next move is -- PHILLIPS ORDERS THE JUDGE TO FIRE THE CORONER'S LAWYER..... Can you imagine anything so absurd...

WHAT NEXT, what next, what next...... IN THIS BROWN COUNTY CIRCUS...

See for yourself:
    Round One: Eagle demolishes Phillips claims of 'having standing' to make demands for a restraining order, as well as Gusweiler's right to butt into an affair that's already in front of another court for adjudication (opening conflicts between courts trying an issue SIMULTANEOUSLY, TOTAL DISORDER)

    Round Two: Eagle's opener is a priceless exercise in situational irony (of suspects demanding a judge as fact-finder to stifle fact-finding), followed by demonstrating that such tactics as phillips is demanding the court do are an insult to justice's battle-honor (not engaging in frivolous nor distraction tactics)... Phillips tried to bamboozle the court, trying to assert that you can't hire your own lawyer AT YOUR OWN EXPENSE (not the county's dime), when the county has hired you an official lawyer (b/c the county prosecutor Little was obligated to defend county officials but Little ducked on conflict of favors, so Little enlisted a colleague to do it pro bono, namely the county prosecutor from Pike County, named Robert Junk, who welcomed the role of co-counsel)

We're beginning to empathize with the Commissioners trying to hide their faces and wish these court cases would go away... it must be thoroughly embarrassing, knowing everyone is laughing all around them...at least until the dread sets it, knowing the final round is a ruling from the indescribably wrongheaded Gusweiler...

Aggrieved BCers are so aware of Gusweiler's twisted 'law reading', if you can call it that, and lack of family rights and values, favoring govt dictocratic bureaucrats with "immunity" from liability for their usurped authority and reckless handling of children in recent school administrator cases... so aware of Gusweiler's treacherous perfidy that BCers are taking their cases to federal court instead of county Common Pleas.

You can't blame the ordinary BC citizen for this judgeship performance situation... It's not as though BCers had a choice and still re-elected Gusweiler, he was the only choice on the ballot. Sieg Heil Herr Republicrats.

The justice last straw hope is that maybe if Gusweiler gets the idea that the media -- and public's -- heat is not off what he's dealing with, and people crowd the courtroom, AND (he can't hide behind sealed documents) ALL THE CARDS WILL BE ON THE TABLE, (unlike the Podolski vs Sheriff case) he may decide his face is on the line..  right? Next Gusweiler move is a Saturday (because all the lawyers involved couldn't find a decent weekday as their agreed spot on their calendars)...

Wanna come by and watch? The action starts March 7th at 10:00 AM (not a hard stretch for a Saturday morning) if the judge is on time... once he's in and the doors go shut then it's near impossible to get in late (til there's an intermission which is unpredictable)... better than a demonstration on a picket line in the misery of this climate, imo...

And while you're deciding, let's take a look at what blew up from Phillips' evidence revelation gamble... That should entice more interest in wanting that inquest to get rolling..... unless you're a member of the GrandJury and are shamefaced... or a Death-Squad coverup crony....

So what was it? The golden payoff?

Lots of video from the jail's security cam system!! Something no one --who'd seen the autopsy photos and witnessed the evidence disappearing-acts perpetrated by the Chief Deputy Shadle -- would trust, yet its appearance was wanted, if only to see what was left on it. Shadle and Sheriff Wenninger had blocked the Coroner's access for over a year, beginning with official subpoenas and requests they stonewalled in November 2013, and hadn't even given it to BCI except in pieces, with stories about automatic system overwrites that supposedly now were just other people's rumors, contradicting their own tactical dodges at the time. Aided at one point by the BC Prosecutor Little (Schadle's Babe) claiming she couldn't imagine how to write a subpoena that would pry the Sheriff's hands off the evidence wanted, though the Coroner had listed the law to cite and the precise list wanted.. oy!

In the now accessible videos, There were clips from the camera in the sally port when the cruiser with Zach arrived, as well as a brief clip of hustling Zach through the pat-down room, then finally the supposedly full clip from when they pushed him into the cell til they 'discovered' him later.

Plus whatever BCI official 'interviews' of all those involved the night of the 'homicide' that BCI managed to put together. Mind you, the word is that Hornyak was 'leading' the interviewees in his own effort at whitewash & coverup. But the actual detailed accounts have been interestingly conflicting one another in spite of the 'leading'.. Minor details, maybe not. Yet the implications sparked ZERO interest from the coverup team of Hornyak and Breyer.

Even more interesting is the opportunity to compare and verify stories with the visual record on the security camera record, whatever there is of it. (BCI didn't take the system hard drive, swap it out, just swallowed, unafraid, what the suspects provided)... Clearly scrutinizing was not Hornyak's nor Breyer's intention, just doing the motions with annoyance at the Coroner... And the GrandJurors made no effort to demand anything questioning the coverup team. But now the Coroner has what she had been denied.

And she's not the only one. by a long shot...

When Phillips gave the so-called 'Hallway' film to the WCPO reporters, thinking they were as gullible as the Grand Jury -- which they were, just parroting Phillips' assurances that all was there and confirmed the official story (that BCI's hotshots had checked the video's integrity) -- WHAT PHILLIPS DIDN'T ANTICIPATE WAS THAT WCPO WOULD PUT THE VIDEO IN REACH OF ALL THE PUBLIC in 'CPO's grab for online viewers' attention for 'the real thing'.... WCPO put it up ONLINE (Youtube channel even) WHERE THE BLOODHOUNDS COULD DOWNLOAD IT AND SCARF IT UP......

Which they did.... THEN IT was OFF TO THE RACES... Scouring the footage -- frame by frame-- checking time stamps, looking for 'discontinuities' of any sort... in an excellent demonstration of OPEN SOURCE SLEUTHING TO REACH FACT-FOUND JUSTICE ... !

Pay dirt? Well this is what they found so far.
      1) Definitely THE FILE FROM THE CAMERA OUTSIDE THE CELL#15 where they were thrusting Zachary into, WAS NOT THE SAME FORMAT AS THE OTHER CAMERA FILES.. the open source bloodhounds contacted the system manufacturer for confirmation and they said the supplied 'evidence' file had been taken off the system using an unknown third party piece of equipment... BANG... drag the security/evidence deputy into the RING OF SUSPECTS.... someone named Harry Martin has messed with the evidence for some reason... why wouldn't he have used his big system's built-in record-preserving equipment.... what Breyer and Hornyak passed off as unadulterated was not kosher..

      2) Manufacturer information said that the Jail security camera system was centrally timestamped by the main computer for consistent precision, so the bloodhounds, assisted by the coroner's engineer husband, found a point on the 'pat-down room' camera (where Zachary was dragged through leading to the cell hallway) that should have had the identical timestamp for the matching point in the action on the hallway clip as that hallway camera took over.... Neat bit of sleuthing, watching for the point where the door hits the jamb as the last person passes through... the time stamp on the adulterated file from the cell-hallway camera was A HALF A MINUTE OFF (a full thirty seconds, each over a dozen frames long) a lot of frames off from the time stamp on the pat-down room camera, whose file type was kosher....

      BANG... not only had the format been altered but THE CONTENT HAD BEEN CHANGED...... Fall down on your knees, BCI hotshots, and give the taxpayer back their money for your puffed-up, legendary, hotshot claims of inyegrity...

      What content was changed? Not so easily determined....

      3) At one point after the 'discovery', CO Shadle looks around as he leaves cell#15 and he notices and retrieves a SHEET OF PAPER OFF THE DOOR OF CELL#14 and takes it away (for some reason?)... it turns out the INMATE IN CELL#14 WAS ON SUICIDE WATCH!!.. that means the COs were on orders to CHECK ON #14 EVERY TEN MINUTES... and they would initial and time-mark their duty completed, being just ear-shot and eye-shot away from #15... so where was that paper now... AND WHY IS THERE NO SIGN of activity ON THAT HALLWAY VIDEO OF ANY OF THE COs PERFORMING THEIR CHECK, NOT EVEN ONCE IN THE 2 or 3 checks for the VIDEO INTERVALS SUPPOSEDLY RECORDED... too busy preparing for completing their ruse, perfecting their alibi and finishing THE murder?

      Do I detect another use of incompetence coming as 'plausible deniability'? Like all the security forces failing, in leading up to 9-11... extremely suspect.... not a single mention anywhere in any testimony, not even Shadle's, whom we hear got a promotion from Shadle Sr for good performance??? That tidbit traveled like lightning,

      Even more exciting was the realization of a different flaw in their staged 'discovery'...

      4) No one looks upward at any point in the activity of 'discovery' and supposedly preparing to get him down -- how odd when they all say he was hanging high... consistently they all are looking down... Clearly complicating any chance that the caller to 9-1-1 should be free of the ring of suspects.. She's in up to her eyeballs,,, BANG.... She's as guilty as sin.... prison time all around..

      In the Coroner's photo of Zach on the floor, the neck-end of the bedsheet would just extend to the top of his head. So the top of Zach's head in the official story would have been right at the end of the ceiling-half of the sheet, which was 23" down from the ceiling in the measurements taken at the scene on the night of the homocide...

      The official story and measurement (of ceiling height and sheet's pieces) would put Zachary's head just 23 inches away from the 9.5 foot high ceiling.... his head would have been -- in the death-squad official story-- 7ft high, clearly an *up* angle for each and any 'discoverer'... yet none look up, always downward into the cell's space, about where his thighs or lower would have been in the death-squad official story...

      BANG.. ALL GUILTY... no Oscar awards for any of them... bloodhound-audience booing such lousy production quality... even Harry Martin can't make up for their fraud.... so what did he try? what was crucial to cut and patch, a task that's tough to make ends match at start and end... but maybe not as totally impossible for low quality, motion-sense controlled video... ending up only 30 seconds over......

      5) There were a couple places/frames that looked rather uncomplicatedly odd... there was some jostling at the cell#15 door after they thrust Zach in and a couple of them followed, but was there a third head going in (view of body blocked by those remaining in the hall) -- other than the ones nearer the camera... artifact of mismatched frames or mystery person..???. no mystery person is available anywhere in the official story, and only two came out when they closed the door... did some unknown individual stay inside...?? or was someone messing with the video frames at that point??

      There was also, much later, what looked like a bright light, almost like a flash camera or flash light, that shone UNDER THE DOOR.... momentarily... WHAT WAS THAT... After discarding tazer-tormenting as not flash-producing likely, the speculation went creatively looking to connect the mystery person to the flash... one idea was that the COs have a (drum roll) jail-porn -- sadism specialty -- business on the side and Zachary's highly decorated body parts would draw good money for photos in that sort of market, also offering an explanation for the unexplainable affluence that allowed small-county deputies to afford so many law cases.. it also tied to the rapidly available high tech photo taking done by Shadle while they wait for the EMTs to certify Zach as no longer able to contradict their official narrative... OY!

      Bloodhounds have to look at possibilities that coroners might not

      5) A more productive entertainment for bloodhounds was the game of "where are the handcuffs". Like tracking the pea in a shell game... the number of handcuffs, shackles and transport belts going into the cell vs what came out looked like there was still a pair of handcuffs on Zach when they locked him in. Overlooked like the sheet!!?? We don't suppose that would fly even in Breyer's book, although he'd likely try.......

      It's kind of hard to tie sheets to sprinkler-heads while hand cuffed! Have no fear, Breyer'd work on it...

SO DO YOU THINK WE NEED AN INQUEST.... Raise your hand if you do... Perhaps we should ask County Commissioner Gray if Enough is enough yet.. maybe they could vote on it....


The theory so far is that they hogtied the kid in a way that made the strap pull his head back, tied to his shackles so his own tortured pose strangled him as he would be unable to stop his body from trying to relieve the tormented position....

now I'm not at all acquainted with hogtying but it seemed to me that the tension on the strap tied to shackles would press on the victim's shoulders as the legs tried to straighten....... but THAT'S INCONSISTENT WITH THE ANGLE OF THE STRANGULATION STRAP-MARK... something else or someone held that strap up..

that 'ligature mark' runs away from the shoulders and up toward the top-back of the kid's head.......

the only way I can see that mark being there is if the thug just strung the strap around the kid's throat (after pushing him face down, still cuffed and shackled), and pulled up on the strap while putting his boot on the kid's spine between the kid's shoulderblades.....

murder 1..... not a miscalculated hogtying accident.....

that murder-1-scenario is also consistent with the scraped up adams apple, as the upward pulled strap slid til it reached under the kid's jaw and ears (not toward his shoulders)......

I'd also point out that the thugs were hot and hurtful in the dragging of the kid out of the cruiser so the thugs were able to intentionally slam the kid's upper body/head on the concrete... then hoisted him --jostling his body and rough as possible-- hustled through the pat-down room to the cell-hallway with urgency beyond any visible need than their personal vengefulness about to be satisfied, and thrust the kid through the cell doorway with a push that would end him up facedown on the floor, cuffed and shackled still... the precise opportunity for the chosen thug to strangle the kid, foot on the kid's spine, while the rest of the thugs glowered and got their satisfaction vicariously......

the time required would have been plenty for this theory of murder 1... and fits the hallway video timing, not wiped out in their messing with what they desperately had exposed to camera view... the actual murder would not be their camera-evidence worry........

perhaps any hogtying expert could counter the recognition of the angle of the strap mark, but I doubt it...

HOWEVER.... there's medical suggestions that the bloody ligature mark takes longer to form than the time to cut off his circulation and kill him..... average 3 minutes but would the minimum be near 1.5 minutes.... don't know yet... INQUEST TIME

Monday, May 19, 2014

Confirmed: Sheriff's Office is behind the attack on the Indy Coroner, all the rest is fluff-n-mirrors using grieving families as pawns

After 1 full day of trial, both sides came into the 2nd day a bit worn down.  But the Defense still seemed much better prepared, particularly later on when the Prosecution couldn't find crucial evidence that they could then only merely claim did exist.

In that crucial claiming attempt, the prosecuting attorney (Bradley Braun) demanded that the court disbelieve the coroner (who said she had not ever rejected the Sheriff's men's help, particularly not from Chief Schadle) and the court should believe instead the conflicting (lying? for some reason, or simply wrongheaded interpretation) claim of the Chief Deputy (John Schadle) that she had rejected his offer in the initial negotiations in the 2hour effort at smooth changing of the guard time (when the old coroner retired in December 2012).

That negotiation was recorded and is accessible on the Varnau website for public assessing of public records and Varnau had just reviewed that recording the night before in anticipation of likely plaintiff-claims (since Schadle's testimony triggered that expectation on trialday 1) and she said she had found no mis-interpretable content. That lady does her homework.

The court tolerated a nearly half hour delay while the prosecution TEAM of Braun, Hawkins and an assistant went into a private area to search the CD for something to make their claim seem valid. The judge's patience eventually declined to wait any further, after even asking if they hadn't at least even captured it in transcribed form.

Totally disgraced as competent if not as truthful, but that didn't deter the bombastic Braun or induce him to tone down any bit of his unsupported claiming, not even after seeing how many, not just that one 'missing' evidence piece, of their inflammatory claims were explained away in the reality of law enforcement and its law-based division of responsibility in normal small county law enforcement.

For example, the inciting-horror scene of one next of kin finding a piece of their loved-one's skull on the mantle and taking it to the coroner and asking what to do with it in a flurry of outraged expectations, we saw those crowd-inciting claims melt away in the testimony on the reality of the events.

When the event of the skull-mutilated body discovery was testified to, it turned out that the body was found in a darkened room and the deputy chose to advise the coroner to NOT TURN ON THE LIGHT SWITCH AS IT MIGHT BE BOOBY TRAPPED, based on his opinion of the likelihood that such a planned suicide as he was considering this scene to be was sometimes set up to destroy those who discovered the body by booby trapping some feature that would need attention from those coming on the scene. And the darkened room seemed suspicious to him. And she complied as a good team player does. Hence the investigation proceeded BY FLASHLIGHT since there was no one to relieve that fear in some cautious forensic-science way.

Consequently the victim's head, the top of which was in smithereens, with blood, brain tissue, skin and bone fragment sections plastered on the ceiling, the curtains, everywhere was not so easily reassembled to determine 'missing' piece identities. The coroner gathered as much as was possible under the flashlight circumstances and sent the puzzle pieces with the body in the EMT's body bag to the hospital morgue, meticulously as possible under time pressure, but obviously not ceiling stuff, nor curtain stuff. The relative arrived much later with the skull fragment at a point after the body had been reduced to ash in a ceremonial cremation, leaving not much to be done with the kin's horror but to suggest a contemporary-style private burial for the skull-piece with a symbolic life-surviving tree planting to mark the decedent's passage.

Once the reality of the blood splashed, flash-light search disaster was before the courtroom's eyes, instead of conceding that one of the Plaintiff's grievances was answered decently, the desperate ploy used by Braun was to scowl and demand that the Coroner should have sent the piece to the funeral director to be cremated as well, IGNORING THE REALITY OF THE COST TO THE KIN OF A SECOND FIRING OF THE FULL SIZE KILN. Morons running the prosecution were in evidence. Yet the courtroom failed to show any cognition of stupidity and disgust at that ploy, possibly since the horror of the scene and the reality of flashlights scanning for fragments of brain tissue and skin and bone had most in shock.

Similarly, the pumped up outrage of 'evidence destruction' over the coroner's cleaning the face of the decedent in a possibly (remotely) suspicious death, was just the Coroner making the deceased presentable for the decedent's parents after the deceased was in the hospital morgue, and after the initial photos and evidence gathering was done... so that the parents would see a more recognizable son.

Other evidence-loss claims similarly melted in the open description of the events, such as the outrageously stupid idea that the coroner was supposed to have taken fingerprints off a gun and gunpowder residues off the body as part of her cause, manner and mode of death investigation when plainly such evidence responsibilities were the Sheriff's burden as finding WHO-DONE-IT, not the medical cause, manner nor mode.

Yet Braun demanded repeatedly such phrases that described crucial evidence-destruction, families deprived of consolation, etc be kept in the court's ears as the testimony's content, as if the discovery of what was IN THE LAW'S DEFINITION OF SHERIFF'S RESPONSIBILITIES had never emerged into view. An obvious stonewalling of truth, no truth-seeking nor fact-finding reverence, by Braun and the prosecution group, ever.

Not even after the Coroner from Highland County testified that such sorts of evidence were not part of a Coroner's professional training nor was any law-mandated requirement. The insiders did say that when dealing with the big city operations where Coroner's had roomfuls of technicians that more extensive services were sometimes provided, but not in small counties.

As we've heard from other sources, the Coroner uses part of her salary to supply extra deputies, one a medical colleague from her office whom she shares obstetric time-challenges with and the other a law enforcement investigator otherwise retired. End of conversation on public care for responsibilities at the Coroner's Office.

By contrast, the Sheriff's Office has had a couple of budget battles in which they extorted extra funding from the County's limited resources in order to hire extra people at the jail (demanding that the county pay even more to house what the Chief Deputy considered to be inadequately monitored inmates at the Butler County jail) and in the most recent battle demanding, in court combat with the County Commissioners, that the County pay ever more of the Sheriff's legal expenses.

This jail expense extortion has been compounded by (subsequent to hiring more deputies, possibly even including Schadle's son) two 'suicides' at the jail. The last one, the Goldson case, was investigated by the current Coroner. The previous death (just 2 years before Goldson) was not even investigated by the prior coroner, whose recollection failed as to his involvement, which absence is not something on tape, unfortunately for improving his recollection.

Guess what has happened with the current investigation: the marks on the victim's neck were consistent with strangulation NOT HANGING, as the jail staff claim happened. AND Chief Schadle's role (with his son being among the four on duty at the time) was to remove evidence including the sprinkler head supposedly used for the deed (ignoring the manufacturer's claim that it was suicide-proof which is accomplished by making the sprinkler head break off at 40 pounds of stress), as well as erasing the hallway security film within the week, not preserving it (though after the row that arose over this, Schadle claimed he gave 'a copy' to BCI). That 'suicide/homicide' was just about as long ago as it would take a bunch of socio-pathic villains to trump up this inflated bunch of charges against the Coroner who refused to back down on her evidence of homicide, not suicide.

Considering that the Ohio Bureau of Crime Investigations has not yet issued its report on this homicide/suicide dispute, taking extreme caution in hurry-avoidance, the incidents surrounding the jail were off limits in the Coroner's case, and so this is supposed to be just held in abeyance. But it fits the pattern of why the anti-coroner-evidence in this county-uproar of supposed outrage, is dissolving under the glare of examination of the circumstances.

Ditto the bandied-about-in-the-press interviews full of shock-n-awe do dissolve, with claims made by the cocky prosecution spreading accusatory slander about the one case involving money. The incident where the deputy coroner had taken money from the decedent's wallet and given it away to someone other than the Sheriff, with the Braun suggesting malfeasance, at the very least, fizzled. It turned out that the deputy had put the money in the coroner's safe until next of kin could be determined and finally gave it to some party (with receipt) who showed powers of attorney documents and with no next of kin found nearby. To which Braun then tried to save his own face by changing his accusations and now exclaiming that the Coroner was 'acting as a probate judge', with that scolding, scowling about practicing law without a license, and thereby attempting to divert sensible recognition that he was concealing the function of the decedent's executor and those who have custody of what's owed to the decedent, as well as the probate judge's role in simply overseeing the recordkeeping presented to the judge by the executor. Total gaming the truth by Braun.

And then come the gun handling stories. The annoyance of the faulty claiming by Braun was evident in one astute observer's comparison of 'who was jeopardizing the public'. Consider their analysis:

"The one thing that really irks me is this.  They blame Dr. Judi Varnau for not taking the gun at the Zachary Adamson case after Dep. Crawford removed it from her body-scene and her assistant called 911 to have the SO come pick it up and they wouldn't do so, where Zachary's roommate, the roommate's sister and both of the roommates' parents were present, with other guns in the house, and we're supposed to believe that it was Dr. Judi Varnau's big fault to give the gun to the roommate after the sheriff's deputy had taken it for his purposes.

Then on the other hand the Sheriff's Office responds to Blue Sky Park Road where Joshua Carter had shot himself with a gun, same as Zachary Adamson, only people were standing around outside the house.  The Sheriff's deputies leave the gun on the floor, the door open, and put yellow "CRIME SCENE" tape up around the house, indicating it is a crime scene, and then the sheriff's deputies completely leave the scene unattended, the life squad leaves, and the coroner hasn't even arrived on the scene.

Which instance are we supposed to believe is more dangerous to the public? Where the coroner doesn't take the gun with her who has no place to store a firearm or any other evidence from a scene, or the SO abandoning the gun when he not only has a place to store guns and evidence, but leaves a gun completely accessible to anyone who wanted to come in and pick it up and use it on someone else?"

Every time we tallied it, the prosecution's case was dissolving (though their rhetoric continued full blast) in each fact-found, logical explanation, with no real stretch of imagination. It wasn't that the answers didn't fit together in vague ways. The picture of each event was clearly showing that the prosecution's charges were fraudulent or at least so malfeasant in investigation and case-preparation, that their effort was nothing more than loud marketing of shocking claims without substance.

By comparison, Tom Eagle, the Varnau family lawyer's defense, was thoroughly prepared -- to ask the scene-developing questions, and when an opposing witness developed 'amnesia' (like the Sheriff and a couple Deputies), Tom Eagle reached over the defense table and activated a media file, from sources like the 911-operator or the sheriff's communications records to "refresh" their curiously amnesia-plagued memories. And sure enough, they recalled the events as described.

And the memory-battle with Schadle, where he admitted (with help) to gathering 'evidence' against the Coroner and had collaborated with others in order to cause this case to happen, was justified by Braun as being 'necessary to protect his deputies'. From what did they need protection, the Goldson homicide charge? or from what other possibility specifically that was not in view anywhere. Clearly if the 'outside' use of the grieving kin in BC deaths could be made to weaken the coroner's credibility, then the SO would have a credible chance to force (in court if necessary) the discrediting of the Coroner's opinion of 'homicide' at the Jail. What does it look like to you? To this writer, it certainly looks like the Sheriff's Office USED THE GRIEVING FAMILIES AS PAWNS. TO COVER THEIR OWN CRIMES, whether commission or negligence with complicity in covering it up. And if all was so calm between the SO and the previous coroner, including the jail house 'suicide' in 2011, what else was not too kosher in the Sheriff's administration of 'Justice' and 'Law'n'Order' when the prior coroner simply showed his face only when asked to by the SO. How much criminality is in progress at the SO, and likely not just at death scenes?

The only 'crime' that showed up as an error by the Coroner, was the posting of some documents at her website without proper redacting of the privacy matters. And as soon as the error was reported to her, she immediately had it fixed. And she acknowledged that error and apologized in court for the discomfort caused as her responsibility. This fine woman, had been chosen for high level responsible positions in the military, and done a stellar job, judging by her ascendence up the ranks from second lieutenant to being in charge of nearly three hundred staff in medical operations, stateside as well as oversees, and had in her early days seen action in Vietnam, tending troops in locations where there was active rocketfire. The comparison to the scurvy Sheriff and Chief Deputy is night and day. The only thing now is to await the decision to be formally written by Judge Kessler, who throughout the trial managed a credibly fact-finding focusing, and fair-handed operation, that hasn't been seen in Brown County in years. We don't suppose he'd like to come out of retirement and run here or we'd be elated.

Friday, May 16, 2014

BrownCounty Coroner Varnau vs the Sheriff & his engineered ouster of the Coroner -- TrialDay 1

Day 1 -- May 14, 2014...
Grey clouds would sweep across the sky, dropping torrents onto parts of Brown County during the mid-afternoon. Before that, it was bright and sunny, letting those involved with the Varnau case enter the Courthouse without any concern about being drenched. Bradley Braun, one of the prosecting attorneys, came smugly swaggering into the courtroom and that attitude was, likewise, reflected when he questioned the first witnesses (Judith Varnau and Officer Huff). After a few questions in which Dr Varnau exhibited good control of information, he became exceedingly defensive when Judith Varnau was answering his questions and insisted she stick with 'yes or no' answers, even though previous answers had shown the needed answers were more complex than simply 'yes or no.' In fact, that he waited til seeing the pattern of competence of his target victim, and then suddenly changing and hostilely insisting she just answer 'yes or no' would indicate to the observant observer that he must've not liked her previous answers... Now what about her detailed explanations would've triggered that? Maybe he is too impatient to let someone other than himself have their say...except he asked for details from the following witness rather than keep them hidden.

Which leads some observers to believe that maybe Varnau's details would've destroyed his case and he needed to keep them hidden. Either way his arrogant, huffy attitude was clear despite him repeatedly mixing up names and seeming rather unprepared for the trial. You could see that it seemed like the judge was getting frustrated with Mr Braun's questions. In contrast Defendant Varnau's family atterney, Tom Eagle, came across as 'ready'... as though he'd actually prepared for the trial. Even in the one instance where he couldn't remember a street name, he did remember the people's name's involved in the 'events' being testified to and even graciously admitted it was his fault...something Mr Braun *never* did.

Instead Braun's attitude would make one wonder about his attitude and commitment to 'fact-finding' and 'truth-seeking', much less wonder about his hostility in which he incessantly descended into horrible slanderous preludes to the actual question (which 'question' would be all the witness was to speak to) when he was evidently more interested in lambasting his victim.

Even when someone didn't give the answer Mr. Eagle was looking for Mr Eagle admitted that he must've not phrased the question correctly and proceeded to rephrase the question so it basically meant the same thing with added touches for the witness' viewpoint, which got a more specific answer. Fact-finding exonerated.

Because there are four different brain types, because there are more personalities than just follow-the-leader-wanting-prosecution, different people will have different responses to each and very question. Mr. Eagle made it clear that he could properly communicate with any of those people, unlike Mr Braun's rigid inflexibility toward the witnesses.

Now, the testimony itself had some gems of information despite Mr Braun's seeming attempts to prevent it. For example Judith Varnau was the first witness Mr Braun called and he started out having her state her qualifications (strictly as coroner, no history) and established that her duties as coroner, under the law, involved only determining the manner, cause and mode of death. They didn't include preserving the crime scene, nor crossing crime scene tape without authorization, nor taking fingerprints, nor removing anything from the scene that's outside the body and the near vicinity. The prosecution went on from there to have her identify pieces of evidence...one such was an email wherein she withdrew from the 1st agreement between her office and the Sheriff. He'd tried getting her to 'admit' to withdrawing from all 3 agreements they'd had, but he failed. He even failed at keeping it hidden why she'd withdrawn from the agreement. SHE HAD WITHDRAWN BECAUSE THE SHERIFF'S RULES HAD FAILED and someone died, possibly because of his rule.

So one must wonder why would she, why would anyone, remain in an agreement that wasn't servicing public need while being honored and was a danger to citizens...but that isn't something the Prosecution would want people to think about. It would ruin their case!

Later on Mr Braun would bring up that Varnau had a car towed with a body in the backseat before an examination could be done, 'hinting' that it smacked of 'disrespect' for the dead. In response Varnau would reveal that it was BCI (Bureau of Crime Investigation) that ordered the car towed so they could examine evidence in the car without the January pouring rain all around. At the obvious realization of the courtroom observers' likely reaction to freezing rain, deep mud requiring tractors and middle of the night timing, this brought about, Mr Braun then hastily switched to asking whether it wasn't true that in a later instance Varnau was the one who suggested another car be towed for her own comfort. To which Varnau responded that no she hadn't, that she'd "asked whether it should be towed." Asked, not suggested. Keep in mind this was after BCI ordered the first car towed before any investigation was done...thereby setting an example that anyone would ask about the second time around. Varnau did what anyone else would in her situation because, remember, she's not in charge of crime scene preservation as the prosecution kept implying as damaging for citizen safety and sense of anger.

The attempt to establish that Varnau hadn't been delivering guns to the sheriff's office backfired quite thoroughly too, first while Mr Braun questioned Varnau and she established that she had asked the Sheriff officers to take weapons that they had moved in their safety examination for spent shells and hazard, and that was confirmed when Mr Eagle cross-examined Officer Huff. (Mr Eagle had occasional objections to the 'inept' Braun questions but in this Plaintiff-selected witness-calling strategy, Varnau was not 'cross-examined' or in any way questioned/interviewed by her own lawyer, but instead would be expecting to be planning on Eagle calling her later). The second witness was, as mentioned, Officer Huff. The one, actually notable question from prosecution was whether an investigation was ongoing when Varnau stepped in a 'pool' of blood by the victim's dead. Officer Huff said "Yes," paused, "I believe so." It was then established in cross-examination that the pause meant that Officer Huff wasn't certain about what was 'ongoing'. Likewise it was earlier established that Varnau's duty WASN'T CRIME SCENE PRESERVATION, and Officer Huff testified he hadn't pointed out where she shouldn't step. According to testimony it would've been a rather terribly bloody scene, with bits of body tissue splattered ceiling to floor. In richer county's that mess would have triggered a summons to crime scene crew that specialize in disaster cleanup/sanitation. Obviously not in BC. Officer Huff also testified that a physician like Varnau wouldn't be the appropriate person, nor have the appropriate training for reliably handling unfamiliar firearms. He would also be willing to take firearms from Varnau, it had been testified that Varnau had asked the officer present to take firearms before. It was the SHERIFF that put policy in place preventing that from happening, that she must 'deliver' them, and they were not to simply 'take' them. Imagine that! Which the officer did imagine and acknowledged that it was 'absurd' policy, which leads to the conclusion that the Coroner is not the one making absurd policies.

Even more absurd was the later 'explanation' by Chief Schadle that he had instructed his deputies such because he feared that Dr Varnau would unreliably bring charges against them for bogus reasons of her own creation. So far, they produced no sign of Dr Varnau suing anyone. In fact her reputed letter to the Attorney General (for clarification of her responsibility) was her fear in the beginning of her term of office that giving firearms and/or evidence to Schadle's deputies would involve her in a later lawsuit by a slicker lawyer, who (to protect a client-suspect) would uncover the Supreme Court's error in calculating timing (known as 'laches') and promote the claim that the deputies had no validly issued authority to operate and then the coroner would have tampered with proper handling of evidence to thus release a suspect on invalid prosecution defenses.

None of the Courts (all the way to the Supreme Court) where her husband had pursued Wenninger's credentials lawful validity claims, had ever dealt with the merits of the credentials issues and only dismissed the cases on technicalities of timing (first too soon in some tangle of quo warranto etc, then too late by an error in OSC's calculation of 'laches'). So there was no reason, out of fear of a humanly sensibly cautious woman doctor, for any sane manager of police operations to decently make such an insane rule as was seen in court. Not just in firearms, but most absurdly in firearms, making the pretense of it being a public safety issue in the press's opinion.

Further, it is ridiculous to think that a doctor, one not 'qualified' to handle firearms, could dictate Sheriff Office policy on investigation work outside the medical body-related areas. So why do the prosecution lawyers have the nerve to circulate petitions (other than hearse-chasing for income) to citizens with no decent chance to gather such a wide scope of data, from esoteric law content to memos to myriad event circumstances. And how do these hearse-chasing lawyers get the nerve to openly and boldly mouth their badly researched charges in open court before a judge who would hopefully have some familiarity with the reality of law content and law enforcement.

More to come, maybe when the Sheriff gets on the stand for TrialDay2.