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