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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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


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

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

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

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

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

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

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

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

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

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



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


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

Here's Tom Eagle's KNOCKOUT FILING

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

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

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

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

Karma for Gusweiler and LawEnforcement -- Here and Boston

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


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

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

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

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

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

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

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

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

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

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


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


The Latest in Cincinnati....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Specifically their screw-up consists of the real law versus the mangled interpretation

1) the ORC2744.03 DEFENSES -- IMMUNITY law says in division (A)(6):


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


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

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

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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shocking The Conscience Fizzles & Case Law Abominations

Shocking the Conscience appears to be the Entertainment of Judges -- Elfers Federal Case is Dismissed without Trial on the Merits

The weird world of courts makes no sense..

Elfers' case was in federal court, loaded with false information as the basis for their inflated claims that Coroner Varnau's handling of Elfer's relative's death investigation was sufficient bad to SHOCK THE CONSCIENCE of the public.

This Elfers' court quest to attack Dr Varnau was the second hearse chasing scheme concocted by Chief Deputy John Shadle and his babe Prosecutor Little.. a disgusting manipulation of the grieving family to attempt to discredit Dr Varnau in any way the duo could, as their smokescreen WHEN SHADLE's JAIL HOMICIDE WAS FESTERING IN BCI's HANDS AND NOT BEING RULED TO THE LIKING OF SHADLE whose son was a prime suspect. The duo operate on the standard propaganda premise that if you repeat a lie often enough AND LOUD ENOUGH if becomes the public's accepted 'truth'... Shaming the Public in the process...

So if the case was so devoid of merit, why not simply celebrate...

Celebrate because:

1) Elfers misbegotten distention of life to pursue the false claims is now relieved

2) Dr Varnau doesn't need any more lawyer bills, nor stress from misguided citizens and she has her hands full of the jail homicide fallout.

3) The County Commissioners are also relieved of their unpleasant defensive turmoil when they haven't harmed anyone in the Elfers' world.

4) The Federal Court can move on to better cases with less false claims hopefully.....

Strange 'law' reality... right result SORT OF... (in this case),......

...but full of horrifying examples of things that were deemed to be revered in precedent setting cases to not shock the conscience..........  like this one from pg 13:    

Cruz–Erazo v. Rivera–Montanez, 212 F.3d 617 (1st Cir. 2000) (allegation that police officers verbally harassed and intimidated homeowners, occupied their property without permission, deliberately lied in official documents, and perjured themselves in official court proceedings with intention of causing homeowners harm did not sufficiently “shock the conscience” so as to violate substantive due process);

or this curiously relevant one:

The allegation that sheriff and prosecutors pursued baseless criminal charges for “political” reasons was not so egregious as to “shock the conscience”;

If those don't shock the court's conscience then the 'judges' are evil people who should not be entrusted to control 'justice'..........

And if case law is so full of BAD JUDGMENTS forming PRECENDENTS, what chance does true need for justice stand in case law quicksand..?

The filings to be dealt with, in response to the Plaintiff-Elfers false claims were the Motions to Dismiss, which is where the Judge started his own agenda...

For such an exercise of dismissal, the Judge MUST start with the assumption that everything the Plaintiff has claimed is true and then look for reasons in law books why those assumed-true combination of claims and facts fails to stand up against rules and precedents. A thoroughly backhanded process that is especially annoying when the claims are not worthy of that truth label. At all.

And as a practical matter of people's own limitation of energy and finances, the hairsplitting over whether one facet of a complex event's claim was 'a state matter' (not federal) and not dealt with there in state courts already, when other facets were not state matters, so the feds can then trash it.....  granted the matter -- like the rest -- was not factually valid...  but in other people's cases it could have been

 How can you build a wholesome intellectual justice construct on bad principles?

All that effort at hairsplitting while ignoring the substantive matters and avoiding dealing with merit... not a single hint to the plaintiffs that

1) it's not the coroner's duty to clean up the smithereens of a messy death scene...  
2) or that the skull piece was not practically reunitable with the body after the body was cremated....
  3) or that the coroner's arms length was the limit that the sheriff's deputies were to respect and get busy,
4) or the fact that the process was done in the dark with flashlights because the sheriff's deputy did not want the light switch flipped on for fear of it being a trigger on a retributive trap set up by the suicidal character.........
etc.....

So what's satisfying to a plaintiff AND the OBSERVING PUBLIC as a demonstration of JUSTICE?  never having their issues dealt with but having their issues accepted as true and valid and yet rejected on mumbo-jumbo hairsplitting.......??..  puzzling.....

See for yourself

So what do you think, having just waded through bucket-loads of case law? Think there ought to be something more RELIABLY JUST AND CONFIRMABLY ACCURATELY APPLIED?

RELIABLY JUST because there is NO INDICATION that the court being referenced was not WRONGHEADED, aka crooked or stupid, in their advising.....

CONFIRMABLY ACCURATELY APPLIED because there's NO COMPARISON ATTEMPTED in foisting the quote on the arguing's progress.


Case Law Abomination


In court documents, whether it's arguing by the parties or it's a justification of a judge' orders, the reader faces reams of citations of case law.

And as you've noticed in the current battles, those citations are bare of much of any background other than the names of the parties and maybe a phrase or two to describe a connection to the point being demanded that the reader accept.

Now how prone to error do you suppose this practice is?

If this were a mathematical argument to establish a conclusion wanted by the writer, the bases must be stated, both the conditions that form the reasoning as well as the conclusion that is available if the conditions are met.

Where is that demanded logic in these DESPICABLE LAWYER PRACTICES?

Nowhere to be seen.

The foundation of math is math logic. Where is the training of the law schools on math logic that withstands the attacks of time and expansion of ideas?

Nowhere to be seen.

A couple of Examples should do, of the sort of egregious denials of justice that courts and lawyers perpetrate based on their faulty skills,

PRO SE AND PARENTAL RIGHTS.....
A case in point is the denial of 'pro se' rights in a wrongful death case based on case law, which when followed up showed that the cited case included a child as one of the Plaintiffs, whereas the 12th District Appeals Court denied the pro se rights to a pair of ADULTS based on the child's case. Obviously children would not be going to be exercising their own right to argue. And so on the basis of that denial of the child's access to Pro Se in case law, the Ohio Supreme Court refused to hear even cases where it was strictly adults making demands for justice.

This particular sort of combination of wrongful death and pro se is a classist denial since those with money to burn could continue with the child as a party when that child is represented by a lawyer, whereas the parent is denied the right to pursue the child's benefits. The lawyer has no personal interest and the child has no oversight... and in all other negotiations and contractual matters, including governmental affairs that parent is authorized to make momentous decisions. But not in Ohio's courts. Go figure that reasoning by the lawyers and their income producing motives.

Even the person charged by the Probate Court (as the Deceased's Personal Representative) to manage the affairs of the Deceased is prohibited from pursuing the Wrongful Death case Pro Se, figuratively standing in the shoes of a Deceased Loved One and carrying out his role

How many of those court cases are WRONGHEADED PRECEDENTS? One of the list above was clearly a matter of INACCURATELY APPLYING previous cited judgments.. both failures complicate the justice likelihood in Pro Se cases and Parental Rights cases....

... and the list of faulty case law usage goes on and on.... such as....

IMMUNITY OF GOVERNMENT OFFICIALS and EMPLOYEES.....
In both the Gusweiler TRO case and the DeathSquad's Federal (civil liberties violation case) filed over the same events and the same issues, the battles over whether governmental employees are IMMUNE to prosecution for their causation of loss of life and property have occupied key roles...

So let's look at that PRIVILEGE of IMMUNITY for governmental authority... especially in these battles where all the parties are employed in the same governmental lawsuit blizzard.

The Ohio law governing liability and immunity of cities, counties and their employees is ORC 2744...

ORC 2744 is a labyrinth of liabilities and exceptions and was not part of the State of Ohio's bold claim to BEGIN allowing governmental authorities to be sued.. but just some... and just sometimes..... Our big grievance is over the way that the Ohio Supreme Court HAS BUNGLED THE INTERPRETATION OF THE ORC 2744 when there is a rogue governmental authority involved...

To be specific, the Ohio Supreme Court has decided that the section titled ORC 2744.03 Defenses - Immunities is only to defend governmental employees when they are otherwise not protected by other section's specificity. But look at the argument in the Ohio Supreme Court's Docket site clearly against that decision....... complete with clear logic precision in analyzing the law's statement..

That argument's demonstration demolishes the right of the OSC to hold their heads up as able to do logic... AND WORSE untrustworthy in public wellbeing guardians responsible for JUSTICE because they are seeable AS CRIMINALLY AND PROFESSIONALLY HIDING THEIR MESS IN CASE LAW... specifically ON IMMUNITY FOR GOVERNMENTS...

ORC 2744.03 (A)(5) and (6) say clearly that the political subdivision (aka county) and their employee are LIABLE if the acts or omissions were done with malice, bad faith or in a wanton or reckless manner... Yet the Ohio state courts insist that the section is for *defending* the political subdivision or employee... not the citizen.. imagine that judicial re-writing of the written law in plain site....

A wretchedly obvious violation of the separation of powers with the judges foisting their grand protection on rogue dictocrats and their thuggery IN SPITE of the fully expected public voices that induced the LEGISLATORS to write a paragraph into the law with protection for the public as well as the politically expected hairsplitting cases for moving vehicle incidents, toxic hazards controllers, law directors, volunteers, etc

The so-called Justices of the OSC, et al, declined to clean up the mess they made in Case Law and dismissed the case, continuing to hide that they are responsible for wrongly interpreting ORC 2744 and thereby instructing courts to misinterpret the Immunities Defenses law to the detriment of the public.

BUT in FEDERAL COURT the recent case against the Scioto County Jailers who caused the death of an inmate by maliciously and recklessly denying him medical attention has not been so corruptly dismissed on immunity for the jailers. The Cincinnati Federal District Judges on the Scioto inmate's case specifically used ORC 2744.03 (A)(6)... to say the case should go ahead, immunity was not granted in Ohio under Ohio law interpreted by federal judges .

So WHAT IS GOING ON IN THE DEATH-SQUAD's FEDERAL CASE...?

Why have they not used the LIE that the Coroner has an ANIMOSITY POWERED AGENDA AGAINST THE SHERIFF's OFFICERS.. together with ORC 2744 to say the case should go ahead??

Phillips made the point that Dr Varnau's website usages were 'proprietary' acts and so in Federal Court, they would be able under ORC 2744.03 (A)(5) to demand rejection of dismissal SINCE (in evaluating a Motion to Dismiss on the basis of Immunity like the Commissioners and Dr Varnau are claiming) THE COURT WOULD BE OBLIGATED TO BELIEVE THE PLAINTIFFS' LIE THAT DR VARNAU's ACTS WERE DONE IN BAD FAITH AND LIKELY MALICIOUS toward the aggrieved Death Squad.

rotfNotLaughing... even though it's likely that Phillips' admission that he had trouble finding any cases in Ohio law to support his contention that this case should go forward.. rotfl....

The Death-Squad's lawyer's handiwork is here... see for yourself,,, of course the lawyers will argue that Phillips has no case law FROM OHIO in the flood of crucial citations, and rightly it should be recognizable that citing case law from states all over the map would require unreasonable familiarity with the code books for mountains of states for each federal judge, ignoring that they are lawyers from their chosen specific state.....

But Indy-us wants you to know that he cannot *wonder* what case law *should* do for these murderous thugs..... agreed?

Can Phillips argue that IF they had taken this case to State of Ohio Courts then it would have been thrown out, just like Scioto's jail inmate's sister's case was before going federal, so he took the case directly to Federal Court WITHOUT GOING TO OHIO's COURTS.....

It seems to me that the Federal Court Judge should throw the case out because the DeathSquad hadn't exhausted their remedies before the law IN THE STATE before approaching the Federal Court. Federal Court should not be available to thugs and their lazy, incompetent lawyers

What about IF the TRO case is thrown out (as it ought to be), would that count as exhausting the remedies in the state of origin? Who can say? But I doubt it...

Of course it would be worse if the TRO case were not thrown out, as it should have been... because of the horrible precedents Gusweiler is setting into 'case law'.......

Want to see what case law would look like after Gusweiler and Ringland get through with case law abominating.....

Gusweiler and Ringland were the immunity-for-abusive-civil-servant violative judges in that case that went to the OSC above... Did you see which county government office was the instant cause that got the case to the OSC where the OSC got a logic demonstration that the OSC had 'dirty laundry' to clean up on their violative interpretation of immunity now enshrined in case law on immunity.. Brown County does things differently out of court

With the obvious malfeasance already built into case law, wouldn't it be funny to testify that CASE LAW SHOULD BE SWEPT INTO THE TRASH.. making the lawyers all argue from scratch as it should be...

Just like much of the UNCONSTITUTIONAL LAWS WRITTEN INVALIDLY BY LEGISLATORS should be invalidated by a team of constitutional law experts, double checking one another... etc, etc

The requirement for proper mathematical logic applications and training of lawyers could and should have been a precondition for them to be entrusted with a structure of such importance and extent over human wellbeing as Case Law..

Is that justice construction any less important than the space launches with astronauts lives at risk? Is that justice function of so little importance as crucial to peace, pursuit of happiness and rightful liberties that the library of case law would be sloppily built, unlike bridges and skyscrapers, we hope..?

What say you? Can this be incrementally cleaned up? Time to think again... ttyl