Thursday, March 19, 2015

Judge's Dilemma --- Eagle's Brief Wins In Spite of Felony Ambush


Varnau's Attorney WON ON THE every turn in the issues, as we shall display in the Varnau/Eagle Brief below, (plus the downloadable annotated full filings of his opponents' lawyers)


after all, Gusweiler's so corruptible that's it's openly admitted that 'the other party' wouldn't supply a candidate.... Humanly suggesting that the 'two-party' system has no meaning as seen in Ohio when, last election year, they set aside urgent work and fully collaborated legislatively on shutting out the frozen idea that any other party could run for office, then shut the door on third party (Libertarian this time) objections in the one-party courts in Ohio. Something for another post... For now, it's a toss up what level of corruption vs merits will be coming in this case.

But before we begin, we should warn you that you are being watched... if this were a sitcom, this would be hilarious..... that moronic Phillips law team that the Death-Squad hired, has done it again. His ignorance of the law, courtroom strategy, the internet, the public and their rights is stunning....

In the Death-Squad's frozenly-invalid attempt (among their lying) to find evidence that the Coroner was in violation of the order not to 'convene' an inquest, he claims at the end of his vaunted Closing Argument in his final Brief that they found with diligent sleuthing **another** violation of the TRO (Temporary Restraining Order) on convening an inquest. Proof of defiance. Right here on this blog site. ... Can you imagine they could advertise us any better? Whoohoo!

How, you may ask did the Coroner convene an inquest based on our respected postings?

Well you see that idiot Death-Squad lawyer, Phillips has to go tor the contempt-ruling tyranny target. Why? Because Phillips and company wouldn't admit he had no case, admitting that Eagle, the coroner's personal lawyer was defeating them left and right in the filings. So -- on top of inciting more deputies and sheriff and prosecutor to pile on the coroner with their own law teams -- Phillips had to bring in his law office partner so as to make a more impressive presence since their handiwork so far was so inferior, as filed, and their opponent Coroner Varnau had two lawyers, that would never do!

Hence. in desperation, when the Judge showed no decent put down on their Motion for Contempt based on phony interpretation of the TRO content, they decided to go after the contempt charges with falsified evidence, and total repetitions with their assembled mob of lawyers -- all shouting the line they'd agreed on even though none of them can seem to read and see it's not what the law or the order says --Phillips stupidly is claiming that our copy of the Coroner's work files (preparing for her inquest if allowed by this corrupt court) is proof that she's leaking the content of her inquest on our website, because we were showing their big felony-acquired video in spite of all the challenging lying they put her through at the hearing about that pilfered file.

I guess we should welcome y'all to the inquest but unfortunately it is not here and is still awaiting tyranny's decision on whether the controllers will reveal their despicable fist or allow the semblance of 'rule of law' to go forward.

Phillips does expect the court to believe that the coroner supplied the internet's public world with the here displayed (previous posting) coroner's comparison of the death-squad's interrogation 'answers' with the hallway security camera's video evidence. Imagine the levels of ubiquitous stupidity required for such belief, just on the surface.

The first thing this mob of ignorant lawyers needs to learn is what constitutes CONVENING an inquest (which we'll describe later) and then the rabid mob of stupid coroner's opponents need to learn that there are consequences for *THEIR* OWN BEHAVIOR. WE GOT THE COPY OF THE CORONER'S FILES BY LEGITIMATE MEANS THAT *THEY* ARRANGED. Thank you stupid Phillips for opening the door to distribution. Straight from the evidence files at the courthouse as public records request target

But the issue of contempt for court stupidity in allowing a hacking-based bit of electronic work to stand as validly usable evidence on TRO violation has ballooned. So that now the contempt for court's honorable function is now openly seeable as the unifying characteristic throughout the mob, not at all in the coroner and her law team, led by Eagle

IF GUSWEILER IS LOOKING FOR WHO TO CHARGE WITH CONTEMPT OF COURT, IT SHOULD BE THE DEATH-SQUAD LAWYER! Why ? Because the judge knows that he, personally, had to give out the DVD (he had it in his personal safe instead of in the court case file) to the Court Recorder so she could make a copy in response to an already filed (first open day of court after the Saturday hearing, one of the bloodhounds was at the courthouse with his request money) FOIA/Public Records Request. So GUSWEILER KNOWS THE DVD AND ITS CONTENTS ARE VALIDLY OUT HERE in the public's hands coming from his own safekeeping. How will he react to Phillips flimflamming him.

As a result. if the Judge dares to pound his contempt gavel on the coroner over these video files, he's acting contrary to his personal knowledge. Agreed that such would be openly challengeable to the Bar Association? Maybe we should visit them at their next meeting or maybe swing by their facebook page as entertainment March 20th when Gusweiler is giving a talk on domestic relations, oy......

So Phillips claiming stupidly in his Closing Argument the surprise final blow of his mob that the Coroner is guilty of violating the TRO by handing DVD contents out, with Phillips naming our blog (with the false claim that they found it in a search for the pending inquest report title) to blame the Coroner for our copy as if it were a TRO violation for it being in circulation, is hilariously outrageous nonsensical lying and should QUALIFY AS LYING TO THE COURT, in an obstruction of justice attempt by 'the Plaintiffs' Lawyer'....

BINGO, Contempt of Court on top of Felony 5 intrusion into the private storage of the Coroner's work data... how many months of jailtime scenes of Phillips in orange suit should we be drooling over...

Well... Enough fun from Phillip's idiocy, let's look at decent court writing and the MERITS OF THE CASE per Eagle, the Coroner's personal lawyer..... a real pro. Unlike Phillips, and his mob all involved in support of the Restraining Order.

Eagle begins, saying he's not going to repeat his well researched and established position from his previous brief (just citing it in the judge's folder), nor recite a litany of evidence items suggested with reservations and encumber the Closing Argument and reduce the power of the logic, law and facts. Instead he goes right to the Status of the Arguing, and lays out a knock-out list of TRO-invalidation facts that reduce the arguing to the remaining issues only. As we see here, he has firm control of the weaknesses of his opponents:

Hence he says there's only one question left before the court (deferring contempt discussions til after the crucial TRO issue is resolvable, dissolving the restraining order and releasing any idea of contemptible behavior by the mob til the end)..

That one question: CAN A CORONER DO AN INQUEST AFTER A DEATH CERTIFICATE -- FINAL OR NOT? which he says is the statutatory, legal, policy and practical question...

    --1) In the Revised Code, the sections on the Coroner's duties say how and with what needed goal the coroner must proceed. but there is NO STATEMENT THAT LIMITS THE CORONER'S INQUIRIES TO JUST WHAT'S NEEDED FOR A DEATH CERTIFICATE.... as Eagle puts it, "no authority says 'no'. and since the burden of proof is on the Death-Squad (as Plaintiff) side, they have no law behind them,

    -- 2) In case law (the only source of rulings left), Eagle cites two crucial defining cases. The cited quotes define the responsibility and show DISCRETION as belonging to the Coroner...

    Quoting fragments... The coroner may properly decide to hold an inquest whenever. [she] is "for reasons of substance led to surmise or think that the death has been caused by violence" ... and further, her public report is to cover the primary 'mode, manner and cause' but the investigation is to report on "time, place" and "all attendant circumstances" . In those circumstances, her discretion is her own guide .

    -- 3) The key is the coroner's requirement to report for the public... the coroner's records of investigating, especially the inquest being OPEN... law enforcement is opposed to recognizing the dual purpose, of the coroner's public record that's it is more than the co-ordination phase with law enforcement (including filing the death certificate for financial and probate reasons)... In common law, case law. etc the coroner's records and reporting is to balance the secretive nature of the grand jury proceedings which is (for obvious reasons) crucial in cases where the death occurred at the hands of law enforcement ..... so the public's right to assurance that the public safety questions and answers have been dealt with to their satisfaction...

    Eagle is the only one to honor the openly stated purpose of the record required and the public proceedings, compared to the closed doors of law enforcement. They need to close the coroner's doors in order for comfortable tyranny to succeed.

    The rest don't care about the public's rights nor the next of kin. And public safety rights would insist that no one wants a MURDER SUSPECT with badge and gun TO HANDLE THEIR FAMILY MEMBERS WHEN TROUBLE KNOCKS OR COULD KNOCK.... would you?

    Law enforcement hides their proceedings, the Coroner is the counterweight for the public's benefit....

This Goldson case meets those requirements , so the Coroner has authority to do the inquest at HER DISCRETION and the meaning of the 'substantive reason' is now recognizable as urgent since Dr Varnau has finally received the hallway video and other data that were denied her when she was first working on the death certificate deadline limit. The eyes of the protector of the public, the next-of-kin and the deceased do see the evidence not presented to the grand jury because meaning eluded the bias-blinded law enforcement and thereby denying the Grand Jury the needed evidence to go forward with their INDICTMENTS plural and numerous.

And to ensure the court does not fail to see the full extent of the wrongheadedness of the Plaintiff's demands, Eagle has a reality check for Gusweiler, and for us and the public paying attention.

Specifically that one question of whether these officers can demand the court stop the coroner has incredibly important policy and precedent considerations, which surely it does.

    1) It is staggering to imagine the IMPLICATIONS OF SUCH A PRECEDENT of the use of the courts by one official to stop another office holder from the performance of the discretionary rights of that office holder.

    And to wake up the law enforcement audience as well as the judge, Eagle painted a picture of BCI 'surmising' that there was a possibility of more evidence in an old murder case and announcing that they were re-opening the investigation BUT one of the suspects originally (or the coroner) sued them to get the court to stop BCI ....

    Gusweiler is thereby challenged to consider his hasty backing for the Death-Squad even if he foolishly still ignores their guilt. That image of police re-opening an old unsolved murder case is clearly a possible and desirable vision that his haste will block if he ignores the MERITS... that opportunity to reach for the implications of the possible evidence is what most would consider to be acceptable or even desirable in order to get a decent resolution. Else Law Enforcement failures complicate their relationship to the public.

    So the judge should envision the can of worms he is opening with his unwise choice to not dismiss such a case as this Death-Squad complaint.. without further delaying

    and 2) in this case, a homicide on sheriff's hands, THE INTERFERENCE IS PARTICULARLY STUNNING since the court will be "shielding" a government office by prohibiting a public inquiry of a death in those government officials hands , because they disagree with the office holder authorized to do such inquiries. Clearly such an act has humanly shocking images of tyranny.

Such images stir the public mind to be severely distrustful of any law enforcement and to view the court as an instrument of tyrants.. Visions that should wake up whatever decency still resides in the courtroom.

It draws a line that, should Gusweiler cross it, he will have the infamy of being the confirmation that this country has been lost here in Ohio. The vision of summoning the Federal Law enforcement holds no comfort either. Agreed?

So if interfering is not wholesome, making the pieces of the governmental process co-operate by stand aside of one another what does that do to the big picture. Eagle's description of relationships and boundaries, keeps the coroner in a role of peer, not subordinate to law enforcement.

And as a peer, on a high ground footing with discretion as has not been seen in action before in this county (and maybe in Ohio) where the coroner in the past was as minimally involved as they could manage so as to not interrupt their nine-to-five office work with paying patients.

This coroner, Dr Varnau, has a strong interest in forensics that has been only a private reading project and front row observing process, and (as an Obstetrician bringing lives into the world) is accustomed (more so than the usual family medicine type in politics) to stop and accommodate emergencies off her routine. And being a military woman now retired from that service, has the commitment to be an active coroner. With a husband to assist and accompany her to ungodly death scenes. Though she was a nurse in war zones it was not in any trenches, though ordinance was a constant factor. Does she frighten more authorities in government than most women in authority? Interesting scares (of course never mentioned by her lawyer)

The underbelly of law enforcement in many places has become unseemly corrupted and cosy with unwholesome power, that now writhes and strikes at the oversight that a coroner, using the office for the public record as designed, does bring to the office.

The discretion of an active coroner will be exciting, judging by the law's definitions of what constitutes discretion..

As for what will happen as this levening rises through the process of an inquest.

Welcome to a balance in law enforcement not granted to many places.... only if the Court resists the writhing tentacles of the mob assembled.

On the Merits, case dismissed.

Next Eagle attacks the invalid Contempt charges that the opposing mob are aiming to catalyze in the judge's thinking, since his support for their restraining order would be in trouble on the merits.

First order of business is to establish what the Judge's Orders were. Simply the document said he was prohibiting and enjoining the coroner and her staff, volunteer or other, from CONVENING THE INQUEST. Plain, 'inartful' (?) and simple.

Which then means that the actions complained of by the mob of lawyers must be limited to that prohibition. But that is not what the filings by the mob show.

The mob could not claim any inquest had been convened so they tried to say that the judge meant this and then meant that because they had stumbled on some work project of the Coroner's husband, gathering materials for the eventual inquest in order to be prepared, as well as preparation for the Death-Squad's other case (in federal court, which court was strangely silent, except that the commissioners' lawyers had filed a motion to be excused)....

Such tactics are why there are RULES OF CIVIL PROCEDURES that say judge's orders require specificity or they are sources of constitutional errors and wrongful torment. In fact vague orders and laws are void in case law records.

Eagle even pointed out that the mob had 2 full months to complain about what the Judge had put in his orders and make it a specific as they needed for their big claim of fear and harming. The mob was getting so unreasonable about their stretching of the orders that Eagle had to remind them that the courts already had decided that impossible demands were not ever grounds for contempt rulings.

So far, the mob had nothing that qualified as proof-worthy evidence on which to base a severe claim... a claim that Eagle would feel the sting of failure both professionally and extremely personally as it shows in his intense defense that occupied more pages than all the rest combined.

And in particular, the ambush of the Felony Hacking evidence set by Phillips and Gates and their unknowable 'source' the night before court definitely opened the flood gates on Eagle's nerves. Page and pages.

His recognition of cheaters, with one in charge who unrighteously seemed greedy for any opportunity to escape judging on the merits -- in a venue that requires intelligent reasonable debating as he and Dr Varnau were prepared for -- triggered Eagle's nightmare visions of myriad twisted cheats that might have been about to be sprung. Resulting in an extended, hydra defense that seemed as tangled as needed to deal with medusa..

The lengthy ordeal of the rest of the brief reveals something of the humanly ungodly terror that ambushes inflict even on the professionals of high skill. That whole medusa ordeal should never have been required in any decent judging on merits... and confidently, Eagle and Varnau should have stopped defending and walked away knowing their arguing had the merits on their side of the ledger. But when dealing with tyrants and mobs, while only permitted the intelligent/reasonableness tactics in a combat where jail and huge fines are wielded by cheaters, does destroy balancing and confidence. So you fight, swinging many directions in wild disorder, just to cover anything imaginable if possible.

So with those considerations made clear, Eagle answers the remaining issue on Contempt and Computer Crime but only after identifying the tactic as an AMBUSH that the court did not censure.. It triggered Eagle's instincts and he defends every angle that Gusweiler could twist. .Particularly unnerving are the internal contradictions in the Plaintiff's claims and tactics showing that there is no justice in their ambush goal intended. Strictly to harm, and humiliate Dr Varnau with the mob's own total contempt for their professional responsibilities and privileges as 'members of the court'.

Fully the contempt of court is on the hands and face of Phillips and his mob. Resorting to attempting to humiliate her badly enough that the judge would find her contemptible and release any inhibition to corrupt ruling that may yet linger among the past history of such tyrannical judge tactics.

Fully annotated filings are here for those who wish to entertain the idea that the incompetent performance of Phillips couldn't have been so total... it was total and stunning that he makes his living as a lawyer and the idea that he could have dropped out of law school would be the only saving grace for his despicable performance. Nor did he do his clients any good, which is the only compensation for tolerating reading his lies and law-twisting.

Phillips, as the Plaintiff's lawyer HAD THE BURDEN OF PROOF REQUIRED and it surely was no where to be seen when 'no authority said no' and case law said the Coroner's discretion extended where ever she surmised it needed to go based on her reasonable ideas of 'substance' IN ORDER TO PROVIDE THE PUBLIC WITH AN OPEN ANSWER REPORT. See for yourself, Phillips twists the law to say 'no' when the law does not logically do anything like 'no' and then fills the air with humanure...

Find your deep boots and protect your breathing...

Annotated PhillipsDeathSquad

The others get even more hilariously hysterical, totally inventing their opponent til their target is unrecognizable and their impotent imagined punchingbag is feared to be next seeable descending on their unobserving innocent relatives and torturing them with open hostility and broadcasting the entire circus all over the county and the countryside...

The interesting part (after their scary-punchingbag) is their finally revealed rationale for filing this attack. The BC Sheriff's Office has a HISTORY of suspicious suicides... Something the Public should have had a coroner to rectify when they happened, leading to major distrust of law enforcers from the BCSO.

The previous suspicious suicide was John Funk in April 18-19 of 2011 and the coroner (McKinley) didn't show his face b/c the BCSO said he wasn't needed, as we heard in Court last year. But the law says that the coroner has to keep the autopsy records and in the past BC coroner files is a photo of Funk's neck showing a total blooded ligature mark ALL THE WAY AROUND THE NECK, which is inconsistent with the description of a hanging written in the data .

And what of another death at the BC Jail, John Gault? When we were data mining with this idea of multiple suspicious deaths, a few commenters at public media websites from years back, turned up a couple that indicated the writer was partial to the idea that some unsavory influence had been the real cause of Gault's suicide at the BC Jail. One specifically referenced neck marks, and another simply wanted justice for Gault to R.I.P.

These now-attacking Corrections Offices from BCSO are afraid this CURRENT properly performing coroner would start a precedent that would lead to Funk's justice ( at the very least, indirectly) producing more indictments of Jailers. In fact, in the BCI interrogations, it was Dunning who said the Goldson case was his 'second suicide' at the jail since he arrived. Figure that into the motivations.......

Annotated Gast/MiscJailers

As for the Sheriff's fairly brief Brief, we will point out that he ignored the fact that he and Breyer refused to co-operate with the Coroner's earlier investigation (another obstruction of justice), then repeats the Phillips goofy interpretation of jurisdiction as just over the body and death certificate not supported by any reading of the ORC on Coroner authority and responsibility.

So now we'd wonder how he'd justify his opposition to the Coroner's revisiting the process of investigating with the new evidence she's been provided with this case when he was apparently re-opening old unsolved deaths back when he first was elected and attempting to build his image as an active sheriff seeking justice.

Apparently that was grease for the goose but not the gander...

He should be reminded that his own re-visiting of cold cases could have been stopped by some suspect at that time if the opportunity to work on new evidence was deniable as he and his lawyer are attempting now, crashing his image building and not many cases would be ever re-opened leaving justice out in the cold....

Annotated Kelly/Wenninger

No timetable on the ruling.......... see ya........

Saturday, March 14, 2015

Last Ditch:: The Judge Stoops to Felony -- (THE EVIDENCE DVD)

Last Ditch Effort Time for the Death Squad and their retinue of cover-up crony teams, local and state!

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.


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.

So why didn't Gusweiler either go ahead already at the Hearing since the Motions battle have been the arguing game in play for MONTHS if he's going to do it on his gambling with power in conflict with law..?


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:
    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)

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?


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!


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 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