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........

No comments:

Post a Comment