Quality of Brown County Adjudication -- NADA, all AUI -- the infamous Adjudicating Under the Influence

QUALITY of BROWN COUNTY ADJUDICATION --- NADA

GUSWEILER HIDES BEHIND STRAWMEN -- REVEALING THE GAME AT FEDERAL COURT LAST AUGUST

AND Boss-Shadle is Exposed By Gusweiler's Strawman -- and Sheriff Wenninger crawls in shame of association


LET THE EXAMINING BEGIN

First let's recap where we stand as of the moment, having analysed Judge Gusweiler's recent 'Decision' on the issues of

1) replacing the 'restraining order' on the Coroner's investigation plans with an INJUNCTION for which he pretended to have the requisite 4 necessary points when he barely had 1 (maybe 2 if you gave him credit for circular reasoning in CAUSING the needed precondition with the imposed injunction)

2) quashing all the coroner's already issued Subpoenas
and

3) extending the Contempt of Court THREAT against the coroner if she even breaths anything with Goldson's name on it.

.... along with a strong response by Zachary's Momma (releasing everything she could get from the Coroner's files in her role as next-of-kin, several bombshells)

-- as well as a second bombshell by Eagle (the coroner's lawyer) with his knockout 'Supplemental Authority' filing ('reminding' Gusweiler of the Curtis murder trial in which Gusweiler's attitude. as well as the Appeal Court's, contradicted his attitude here)...

We have now been waiting for the dust to settle on that Richard Curtis Murder Case 'reminder'... expecting the opposition's writhing and imagining how Gusweiler would slither out (with or without their help)... meanwhile analysing the Coroner's email history (that Zach's Momma had gotten) of the SO and BCI STONEWALLING instead of law-obligated co-operation with the Coroner's investigation. Seeing clearly that Gusweiler had failed to enforce the Coroner's subpoena to the SO (care of Chief Deputy Boss Shadle withholding subpoenaed evidence) for the hallway video cam evidence, aided by (feigned or real) incompetence on the face of Shadle's Babe Prosecutor Little (delaying by saying she couldn't do the subpoenas until she found someone in another county who knew how, wow.... til the Coroner wrote the subpoenas herself).

Those were the April 9th's posting and the 3rd of May's posting....


So yeah, now for the examining... we have two big new bombshells.


ONE -- RICHARD CURTIS WANTS COPIES OF THE FILINGS in this Varnau case ... his request just arrived at the Clerk's office at the end of last week, straight from Marion Ohio's Correctional Facility. Yes, the Curtis-Murder-Trial Curtis....that Curtis...

How did he find out and better yet, it would seem that he might have plans to conjure a Supreme Court filing to test what the Group of Seven would think of Gusweiler's change of attitude on Coroner's investigating cases after the Death Certificate is done, and maybe whether Coroner's are mere artifacts of statute like Gusweiler now wants to smear the Coroner with.

Do you suppose Gusweiler wants the Group of Seven raising eyebrows over his slithering? lol. Slither Gusweiler slither...


TWO -- Gusweiler did deny that the Curtis decision has any bearing on this Varnau case.. is there a bombshell coming? or is this just 'entertainment'? We shall see... Any bets -- like we did last time --on Gusweiler acknowledging Eagle's massive point in the Curtis case law...

Well,,, 'in for a penny, in for a pound' was our bet that Gusweiler would reject the evidence in the Curtis Case Law that he (Gusweiler) had no exciting ideas in that Curtis case that would have reflected sane thinking about this Varnau case.... did we 'win', rotfl... let's see....



Yup we 'won'... very loosely speaking, Agreed?

But obviously WE HAVE OUR CONSIDERED OPINION of the Curtis dynamics that Gusweiler's 'adjudicating under the influence' was supposed to hide, AS PART OF OUR SLEUTHING'S COMPLICATED FIGURING. so let's get started confirming that Gusweiler's idea-wrestling opponent that he 'beat' to arrive at his conclusion is definitely a strawman argument

STRAWMAN ARGUING
Look at the Strawman he chose to use as his own victim. Strawman arguing is his hiding place for his treachery. Strawman arguing is done by those who cannot defeat the REAL ARGUMENT BY HIS OPPONENT. So the cowardly arguer pretends that his opponent said *something* weaker than his opponent really did... That *something* is a Strawman, no muscle, just bunches of stuffing inside his apparent clothing... Whereupon the coward proceeds to beat the stuffing out of the Strawman and shout that he won the argument....

Recognize the cowardly Gusweiler yet.....?!?.. the basic shape seems a match so we'll look closer

Gusweiler had to work a bit to find a weaker candidate for 'opponent' that he could 'associate' with Eagle's case-law... and believe it or not, as we saw, Gusweiler claimed that Eagle was referring to the former Coroner changing the Cause of Death from Undeterminable to Homicide, as the parallel that Eagle had raised,,,

There were two Death Certificate changes in the Curtis Case --

-- the first one showing that the former coroner had totally failed to properly deal with the evidence AT THE SCENE, since the weapon, aka THE GUN, was never found (leaving the cause of death clearly not suicide, only homicide) disgracing the 'undeterminable' entry by that coroner on the original death certificate for cause of death. Other things may have been undetermined but the idea that some housekeeper misplaced such in cleaning is strictly in the movies of the absurd.

-- the second one showing that some serious effort at investigating... narrowing the time of death from "morning" (OR "late morning to early afternoon" per the presumptuous lunatic doing Montgomery's autopsy report with no on-site data) down to a much earlier more specific '2AM-8AM'... what a knockout improvement, involving some physical evaluations of rates of biological deterioration of the body as examined in the autopsy,,

Obviously the anti-Varnau charges of *excessive investigating* (not negligence ever) DO NOT PARALLEL the first, only the second. But Gusweiler claims he 'sees' the first as the parallel AND THEN SAYS IT's NOT A RELEVANT PARALLEL....wow, what a KOpunch in the stuffing.... if you submitted that gag as a script for a movie scene. the producers would show you the door..... yet we're supposed to nod and smilingly say the Judge is not a crook, be sure vote for him, groan.... this is step one of the 'test' for AUI.... THE STUFFING IS CONFIRMABLE..

So let's look at the second death-certificate-change and evaluate its relevance. In the interests of Justice figuring. To be technically accurate we shall eliminate the opinion that there was no decent better opponent -idea to be struggled with,,,, agreed, we should be careful and precise? No rash accusations of strawman-phonied adjudication

Why would Gusweiler choose to 'see' the first change of the death certificate, when instead the comparable Curtis-history to A CONVICTION-NAILING WHO-DUN-IT DETERMINATION was this Coroner Varnau finding that the ligature was *not* the sheet but instead it was the hobble strap-like ligature that the thugs used to lynch the kid. She nailed the weapon's character.

In contrast, the 'Undeterminable' was an obvious error, not a revelation, ROTFL. Varnau's revelation of 'homicide' was her ORIGINAL cause of death, determined within a month AND BASED ON SOLID AUTOPSY ANALYSIS OF SKIN IMPRESSIONS, not the former coroner's embarrassing discovery that he'd not ever looked at the evidence data... the LEO data where the weapon was nowhere to be seen when the first responder plainly made his report to summon a coroner... what a bag of stuffing game... Gusweiler was desperate to favor his fraud that he would be able to beat SOMETHING so he could CLAIM HE WON against Eagle's Supplemental Authority......

But was it the coroner's handiwork or the law enforcers? I have a theory....

1-- MY HYPOTHESIS.. says Gusweiler's vision is unlikely in the extreme

What could have caused a former coroner to make that second change -- in Time of Death... ?

How about the former Coroner's recognition that the first responder reporting (as we see in the Appeal Court's account of the evidence) that the victim's bedroom a/c had been set so cold as to make the room where the victim was found incredibly cold... as cold as a morgue, would reliably have triggered a Coroner's idea that an earlier time of death would be justified with some refiguring...

But why would such a recognition have ever come to be? When it hadn't inspired *anyone* before....

Random searching the files for something to work on? Not likely... {sarcasm alert} Wouldn't that be just fine and dandy for a Coroner looking over Law Enforcement files and reports, that he never bothered with before, especially if the reason that he was looking was because the Coroner had no blessed reason to look before since nobody else had any reason to look before. {/end sarcasm} No way...

Prodding by someone with a motive... Such as MAYBE the new Prosecutor (Shadle's Babe) was ridiculously looking for a victim (in the run-up to the elections of 2008) to pay for her election and the family of the Curtis woman had made a nice 'appeal' to the wanna-be candidate who then got the idea that there might be something doable if she prodded anybody for new ideas on the Curtis case.. Don't you agree that looks like it..?? Timing-wise, motive-wise...

So under those circumstances, patiently why wouldn't the Coroner dig back into that file for the family's kin to see whether he could find something as vitally missed as he had needed to correct in his first error correction -- as a favor to the prosecutor of his choice....

Still think Gusweiler has any right to consider a Coroner as unable to bring about a murder charge? CLEARLY THE PREVIOUS CORONER DID THE DEED when he CHANGED THE TIME OF DEATH....

Like the continued sleuthing we need now.....!

2-- AND THIS IS NOT JUST OUR OPINION THAT GUSWEILER WAS FAKING THAT SUCH A STRAWMAN WAS SEEABLE. this is not just our opinion,,, nope,,

Clearly even Gusweiler's favored Sheriff's Lawyers agree with us that Gusweiler's Strawman was NOT Eagle's powerful comparison point.. Look at this page from the Sheriff's lawyer's arguing......





Clearly neither did the Appeal Court consider Gusweiler's fantasy strawman as credible in the Curtis case..... They listed the Time of Death as the crucial factor in the sufficiency of the conviction, nailing the issue of 'opportunity' in the usual triad of 'motive. means and opportunity,'

There ought be a law against Judge's making the Rule of Law look stupid. Some people have called that sort of offense FRAUD ON THE COURT...

What is "fraud on the court"?

Here is the conventional definition -- courtesy of the 7th Circuit Court of Appeals -- usually quoted:


"Fraud upon the court" embraces that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); found in 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23.

And it has consequences

The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

Unfortunately the odds are miniscule to non-existent that some judge is going to apply it to a peer. But it was 'nice' of the Appeal Court to think of it.

There's even a rule in Ohio Civil Procedures that would apply IF the lawyers fiddling with the rules would recklessly conceive of a JUDGE making an ERROR or committing FRAUD. NO. ONLY ADVERSE PARTIES EVER WOULD MAKE MISTAKES or ENGAGE IN FRAUD. See what you think.

Rule 60(B) Mistakes, inadvertance, excusable neglect, newly discovered evidence, fraud, etc
On motion and upon such terms as are just, the court may relieve a party from a final judgment for the following reasons: (1) Mistakes, etc. (2) newly discovered evidence etc (3) fraud (whether intrinsic or extrinsic), etc or other misconduct of an adverse party etc

Do you suppose you could now imagine a judge committing holy fraud in his court adjudicating? After seeing it? The Rules don't 'imagine it' and the lawyers in the legislators' chairs blessed their judge-peers with full blown immunity. Otherwise judges would be intimidated, right? Where's the check-and-balance in freedom from consequences... Check-and-balance was the guiding light of the careful engineers of the Constitution...

But don't think that the Sheriff's lawyer was not supporting Gusweiler. He just hadn't imagined such a bag of stuffing would come rolling off the judge's dais. Instead the sheriff's lawyers pretended that if the changing time of death wasn't some hair-splitting legal issue then it wasn't the point of the case law. Illogically ignoring Eagle's point -- that not being a legal issue in the previous encounter with the comparable activity by a coroner was in conflict with making it a legal issue now and hence it was inconsistent for Gusweiler to persist in that illogic.

Sometimes you wonder what reading skills these lawyers have. Demonstratedly, their reading ability does not impress us positively. Agreed? Else we;re left with some explanation less 'palatable'....

To complete the lawyers limited imagining of decency in responding to Eagle's evidence, they fall back on the 'another inquest' chanting. Are they learning ability challenged?





Isn't it strangely unsettling watching this Sheriff's mouthpiece arguing to shut down an investigation of a homicide that happened under his own nose?

3-- Clearly there's MORE to this story of Gusweiler's treachery THAN OUR CONFIRMED HYPOTHETICAL OPINION that Gusweiler is wrestling a strawman in a game of FRAUD ON THE COURT'S HOLY RULE OF LAW...

It's mind-boggling how A SHERIFF can stand in the public courtroom claiming justice is his life BUT

-- authorize the stifling of law-specified investigation continuing that is seeking to pursue information from those in charge of the safekeeping of the victim on circumstances, events and clues

while simultaneously having to

accept as law-verified, that there was a HOMICIDE IN HIS JAIL, AND IT'S UNEXPLAINABLE in his own handiwork, since under law the medical determination is the law-confirmed, court-accepted reality...

if BCI failed to deal with the homicide, you'd think the Sheriff would be adamant he'd *do something*!!! Like what?
His situation: he's surely looked at the marks on the kid's throat and knows it was no hanging, THE SHEET WAS A DECOY, NOT THE LIGATURE THAT MADE THE DEADLY BLOODED MARKS...

so -- in order to cling to his 'friend' status with 'his honorable men' -- he must also cling to the idea that either
1) -- it was an accident and the lying (that they saw Goldson "hanging" etc) was done to protect the department and him from state-overseeing consequences (yet the perpetrators showed no such fear of state-level investigators, and instead messed with the evidence and boldly only supplied video cam files when they were done tampering with it)

or 2) -- there was an extremely disgraceful security failure that allowed a murderous intruder access to the jail and the jailers are lying to protect their jobs (an intruder with no known motive, and from Wenninger not a word on the only available alternative that a decent Sheriff has to deflect the evidence that his 'friends' are murderous thugs )...

no sense of his responsible authority
leaving him with felony on top of felony no matter what fantasy he clings to,,,

but there is no sign of any fantasy management either.... like re-assigning men that he has to view as 'weak' links that *jeopardize the others* under his leadership and responsibility, until he can personally nail the homicide down.... as well as nailing down where else the tentacles of felony were spreading (like into the technical skilled area of security camera data tampering), UNLESS YOU COUNT THE SUDDEN LEAVING OF BOSS SHADLE after Wenninger gave the plum assignment (the drug czar ) to Mt Orab Asst Chief Josh Black... suggesting recognition of 'weak link' problems (when your chief deputy destroys evidence in a homicide), ....

nor any sign of tightening security.....

Speaking of security, Wenninger (if he has any logic skills) would be nervously clinging to the realization that the security camera system seemed to have failed, either technically or through treachery, and worse his up-the-line crime advisors at BCI didn't offer any guidance (they failed to find any system failure to explain the homicide. and appear to have swallowed the suicide lie or *worse*) ---leading to the idea that maybe he should swallow it also....

so Instead of being a sheriff, he works his way through the media games of being the department poster boy and ends up square in the middle of the felonies. Up to his eyeballs in a proverbial racketeering operation. Showing no signs of aptitude for being a Sheriff, on top of his disgraced lack of law-required education and experience to have been allowed to run for the office legitimately. Now compounded by the evidence that his current law-required oath to live up to the job is completely left in the debris of his fine mess...

There are so many signs that the whole law enforcement operation under Wenninger's leadership is malfeasant in the extreme that it's impossible to consider his retirement. Decently HE SHOULD RESIGN -- AS HUMANLY UNABLE TO RUN A DECENT SHERIFF'S OFFICE

CLEARLY THE SHERIFF DOES NOT BELIEVE HE HAS TO UPHOLD THE LAW ANYMORE, IF HE EVER DID...... nobody's laughing.

Does shocking the conscience work with the Sheriff any better than we saw it 'working' (not) in judges' evaluation of evidence that takes your breath away.......?

Does shocking the conscience work with the Sheriff's highschool schoolmates... What would the public expect from such a 'sheriff' and his 'gang' of thugs if/when Brown Countians face extreme circumstances? CRINGE..... cringe..... cringe

Wenninger and his lawyers can't even get through a court challenge without smashing any semblance of rule of law, The holy idea of fair fighting in law enforcement is being setup to be replaced with an unholy AMBUSH... right in front of the public's eyes.... right in the Sheriff's lawyers' final salvo. Look and you will see. THEY KNOW GUSWEILER'S GAMES... and they intend to play them.....



So the fact that they realize the ambush game works in Gusweiler's court raises the parallel question:

Would a federal judge allow that ambushing outside his reach? NOT LIKELY,,,

so this all comes down to the idea that they had NO PLANNED IDEA THAT FEDERAL COURT WAS ANY MORE THAN A FRAUDULENT TAR-AND-FEATHERS MISUSE OF THE U.S. FEDERAL JUDICIAL SYSTEM...... BOOM

Can you see it? Boss Shadle and his conspiring Prosecutor Babe Little were shown in the recordings played in the Hanson-Jones-Petition-to-oust Coroner Varnau TRIAL to be fully able to authorize misuse of the Courts in order to smear their political opponent, since it's beyond believing that they didn't know that the trumping up of false anxiety in the souls of grieving families wasn't decent. Furthermore they are obligated to know that the claims they manufactured were actually the fault of Shadle's management of the BCSO's if anybody dug into the law's rules on who does what and what it's like to work in the real world of crime scenes.

For one example of the real causes of next-of-kin grief being the SO, Shadle's office has a high tech chemical van (used only for 'nuisance' pestering unbelievably as an escort for the health department's sewage 'director') that is built to deal with crystal meth blowups/cleanups. Possibly humanly your tax dollars at work. If any one was responsible for cleaning up the suicide mess of blowing the top of the young fellow's head off, it was Shadle. Ditto it turned out to be Shadle's and Wenninger's fault for every blessed claim that hearse-chaser Hawkins waved around.

Misuse of the Courts is Shadle's MO. And this conflict now between the CommonPleas Gusweiler and the Federal Court's Barrett NOW LOOKS TOTALLY LIKE THE STEPS THREE-THRU-SIX IN SHADLE'S STRATEGY TO TAR-AND-FEATHER THE CORONER WHO WAS CHASING THE MURDERER IN THE JAIL STAFF (including Shadle's offspring).... THEY HAVE NO CASE IN FEDERAL COURT. AND AS WE SAW, IT WILL BE LIKELY THROWN OUT.

It was all just rubbish-heaping when Shadle & Little's first attempt (with the petition to court) fell apart and the second griefstricken relatives' case (Elfers) was hanging back too much to be of use while the Elfer's family's lawyer observed the loss in the Hanson/Hawlins Petition case. SO THEY NEEDED SOME OTHER SMEAR. The claims they (Boss Shadle and his lawyer) threw together for federal court were based -- sometimes fully openly and wrongly -- on *state* law AND the state law hadn't been shown to have failed in their cause, so the case was a losing battle from the start as a genuinely federal court case by anyone with any idea of the limits of each court system.

Their benefit -- implying and consistent with motive -- was to use the 'mighty' U.S. Government's *image* as supporting them. Infinitely better than Gusweiler and local court filing in the public/media's mind AND TIMED TO DAMAGE THE IMAGE OF THE CORONER AS SHE WAS BRINGING HER EVIDENCE BEFORE THAT GRAND JURY....

Maybe they even thought the GrandJury might smell some of the Breyer/Hornyiak lying, so the smear was needed... and they'd be simultaneously prepping the public to swallow the defeat of the Grand Jury ...

Once they had the GrandJury suckered into agreeing with Breyer, then it was safe to use Gusweiler, and his disgraceful court that Brown County had no choice that would have enabled the voters to remove him at election time... all they had to do for openers was seek a temporary restraining order (claiming justice would arrive) but knowing it was Gusweiler's ambushes and strawmen they were wanting then... and just as soon as the case went far enough to defeat any interest the Federal Court might have considered, then Gusweiler would be in charge.

TOTAL ABUSE OF THE JUSTICE SYSTEM

Shadle's MO is confirmed. Likely the MURDER RAP is fairly clearly entertaining everybody keeping score. But there should be FEDERAL court sanctions FOR ABUSE OF COURT -- JUST LIKE OTHER FORMS OF FRIVOLOUS FILINGS. There is no way any honorable bones exist in those 'law enforcement' officers.

Perhaps there's something useful to be learned from this scam Shadle set in motion. Think about the idea of standing around the perimeter of the next election's voting sites THIS FALL with a blessed petition -- based on the surprising ORC 3.07 and 3.08 -- to OUST GUSWEILER and WENNINGER, the central empowering criminals in BC law enforcement. Maybe include Shadle's Babe LITTLE as well,,,,,, ALL SIGNERS you would encounter WOULD AUTOMATICALLY BE REGISTERED VOTERS (nothing to tediously check)..... Doesn't that sound invigorating? just need a lawyer who can support the idea that there are flaws in the election process that jeopardize PUBLIC SAFETY,,, of course some crook in Columbus would decide on replacements for each disposed official, unless the extent of the turmoil would justify a SPECIAL ELECTION.... What say you......... hmmmmm..... TTYL

The 'Inartful' Art of Calculated Derailing of Justice - Backfires

Gusweiler's Orders inartful? -- or exactly what ART is GUSWEILER PRACTICING??

ANSWER: The CALCULATED ART OF DERAILING JUSTICE

In writing Briefs and Decisions there is a usual structure expected. First recount the history of the disputed events. Then recount the in-court blow-by-blow of Motions and Responses, etc. which is called the Procedural Posture... After which begins the development of the Argument and Conclusion.... Well.....

Gusweiler purports to start out with 'history' as would be normal BUT HE DECIDEDLY OMITS CRUCIAL EVENTS from one side's history. Guess which side has diligently managed every step they took and had documented all contacts and is now being gagged.....

The whole question of what the history status of the Coroner's efforts in seeking justice GOT LEFT OUT BY GUSWEILER.... for a reason..

And that obviously central history shows that the Sheriff's Office and Prosecutor were not responding to the Coroner's justice efforts AS THEY ARE OBLIGATED TO DO, ala ORC 313.09 which states, in pertinent part:

"The sheriff of the county, the police of the city, the constable of the township, or marshal of the village in which the death occurred may be requested to furnish more information or make further investigation when requested by the coroner or his deputy."

And once the evidence ball was passed to BCI by Shadle's SO, they likewise stonewalled requests from the Coroner for evidence.

So in the interests of making Justice possible, let's show the world the email records that Zachary's Mother acquired legitimately from the Coroner, showing the status of the work on her son's case.

Beginning on OCTOBER 25th 2013 -- keep that date in mind since the LEO liars have tried to duck their malfeasance egg on their face (for the tampered hallway video) by saying the Coroner didn't ask for the tapes in time....

Hold on... dear Johnny Shadle HAS the HALLWAY VIDEO (Nov 22nd) according to his babe Prosecutor Little BUT HE REFUSES TO TURN IT OVER TO THE CORNER IN SPITE OF THE SUBPOENA IN HIS HANDS (Nov 25th)...... BANG

But this has CONSEQUENCES besides,,,

The blessed GUSWEILER IS OBLIGATED TO **ENFORCE** THE CORONER's SUBPOENAS -- DOUBLE BANG

So not only did Gusweiler violate the law, but Gusweiler's responsible for the FIRST INQUEST NOT BEING DONE..... holy Mackerel! How does he dare call the Coroner's Inquest "her second inquest"? Fraud alert in Gusweiler's Court Order.. he's a fraud, for not rejecting Phillips claim that the inquest Dr Varnau is preparing is a claimed-illegitimate 'second' inquest.

He's gaming the Public with full knowledge that her first inquest is still ahead to be completed and reported. And quashing all her subpoenas under color of that 'second' fraud. Here's the one sent for Shadle to hand over the Sheriff's Office's videos, all listed. It's addressed to Sheriff Wenninger's authority and has Gusweiler's signature! deadlined as at November 27th 2013......

CLEARLY THERE'S A LENGTHY HISTORY OF CRIMINAL BLOCKING OF THE CORONER'S INVESTIGATING -- precisely by the Sheriff's Office, and even BCI -- both seeking Gusweiler's muscle in this Court to continue their stonewalling of Justice -- so the Coroner's FIRST INQUEST IS STILL IN PROGRESS whether they label it closed or not...

Which means Gusweiler turned a blind eye to the evidence/testimony in his SUPPOSED FACT-FINDING and CALCULATEDLY CHOSE TO CALL THE CORONER's USE OF HER POWERS OF THE INQUISITION A **SECOND** INQUEST... for public misperception as well as twisting the focus of his argument so he could claim her duties and rights were extinguished by now. Nada could she be allowed to do after she finished her Death Certificate (a Health Dpt project, law-written as separate from Justice projects)..... So no further work on the Goldson death case was 'authorizable' in his imagined fantasy rule of law, wanting the public to not think of cases being reopened, just remembering hazily the ultimate prohibition against "double jeopardy" as a blessed safe-guard to citizens.


Gusweiler shielded from view the fact that new evidence (or updated methods applied to unsolved cases) authorizes the Coroner to REOPEN a DEATH INVESTIGATION as was seen in the Curtis Case History in Gusweiler's own Court as was shown twice in Eagle's Supplemental Authority filing challenging Gusweiler's Orders that we are now ripping up here. Which challenge by Eagle, Phillips is attempting to counter as being inappropriate in application to this Goldson case since Phillips claimed that the Curtis case was re-opened 'by the prosecutor', And Phillips expects us to think that PRESUMABLY the Prosecutor had no interesting "guidance" from anyone else... Rotfl as if the Prosecutor imagined she had anything new that caused the then Coroner to re-examine the medical records... Causation clearly would not be needed only if the Coroner had no ideas of his own

BUT LOOKING AT THE EVIDENCE USED TO FINALLY GET THE CURTIS CONVICTION -- as seeable in the Appeal court confirmation posted in our previous episode -- THE ONLY LIKELY *NEW* EVIDENCE WAS THE *CORONER'S* UPDATED EVALUATION OF THE TIME OF DEATH which put Curtis at the scene and seeable as the only known suspect at the scene...

The rest of the evidence was OLD NEWS -- other than Curtis' fellow inmate claiming Curtis confessed to him, conveniently for the Prosecutor, after the case was well re-opened and Curtis in custody after extradition from down in Florida which claimed-sonfession clearly didn't reopen anything !! All the rest of the evidence was old news of life insurance and court-involved domestic trouble and past licensed gun ownership and his then pillowcase 12 years ago. THE CASE WAS BLOWN OPEN BY THE CORONER'S RE-INVESTIGATING THE TIME OF DEATH regardless of whoever thought of digging into a high profile unsolved old case that had been already brushed up to improve the direction that Law enforcement needed to take. All of which would interest a coroner (realizing that his earlier ERROR on cause of death was still nagging) to familiarize himself with what flaws might still be opportunities to assuage his conscience.

Want to bet whether the old crook Gusweiler opines this Phillips' attempted disqualification of the Curtis Case Law authority is "well taken"? Would he dare? Well as we are already seeing the old crook has already grossly violated the Court's responsibility to FACT-FINDING as well as required LAW READING, so "in for a penny, in for a pound" is our bet


Nor does the reality that the Coroner's investigation is not done YET mean that the Coroner prematurely filed the Health Dpt's Death Certificate... the only other lawful document-allowed choices for that crucial entry were suicide or undeterminable for the time being... neither of which was true or accurate..... and suicide was impossible based on just the ligature marks on the victim's throat and neck, as we have seen all the way back in last October's episode when Zachary's Mother released to the press the data from the Coroner's office that Zach's mom acquired as Next-of-Kin.

See for yourself that HOMICIDE IS THE ONLY JUSTIFIABLE DEATH CERTIFICATE ENTRY POSSIBLE... based on this autopsy analysis by the Coroner.... and it was done timely, as they say.... timely matters and the Coroner does what matters.....

...notice that the normal ligature marks for strangulation and vertical hanging (official story)are distinctly different and represent the physical reality of the direction of the force applied and the noose needed for a suicide-hanging... the sheet tied on Zach's neck was knotted on the side of his head so the hanging-force would stretch the sheet straight up along the side of his head from the primary knot slightly behind his ear AND the ligature violently compress the neck all the way around the back of the neck... whereas the actual deadly blooded ligature mark doesn't go all the way around Zach's neck... See for yourself....

....and the force applied to produce those blooded marks went up from behind though at an angle to his spine, not parallel like the usual hanging CLAIMED TO HAVE BEEN THE WAY THE JAILERS FOUND ZACH 'HANGING" FROM THE SPRINKLERHEAD
So clearly the blooded ligature marks were not 'hanging' marks, making the claim that the jailers 'found him hanging' a total FABRICATION but without really solving what precisely the actual causation acts were. The sheet was thoroughly suspect then as well, with one end tied to the sprinklerhead in the ceiling and one end neatly knotted around his neck AND NO OTHER LIGATURE IN SIGHT... where did it go!

...and the intertissue blood settled into the skin area on Zach's back, not on his feet.. so gravity-settled blood shows Zach was not hanging vertically when he died in the period after the blood pumping stopped... else the extended hanging til claimed-discovery would have sent the 'livor mortis' to Zachs feet and there was none there
A thoroughly stupid medical examiner in Montgomery County actually wrote that the body's condition was consistent with hanging and was found with a ligature around his neck. Unbe-freakin-lievable. No physical sense.
The blooded marks were 0.5 inch wide and the bunched up sheet was a full 1.5 inch width. The knots showed no serious tightening from a tension of a hanging body, and the sheet was clearly missing any sign of tension having been severely applied. The idea that the 1.5 inch width would compress to 0.5 under the strains of the weight stretching on the length would be something to expect a sophisticated answer from BCI but no, nada. Should we have expected their skepticism to emerge when the Coroner alerted them or they'd produce some science attempt to justify their rejection of the Coroner's observation? Darn right we should ! Look what we found....
The abstract above from the University of Zagreb would answer such a puzzle, handily. The Poisson's Ratio says that the strain of compression on the crosssection of such a fabric (woven textile) would be in the range of about 0.4 as an example so the Poisson ratio of the compression percentage of the width to the stretching percentage on the length would be roughly around 0.4
Now the supposed Medical Examiner and/or BCI saying that their swallowed compression strain on the sheet from the hanging was (1.5-0.5)/1.5 = 66% so the strain on the stretching length must be figured straightforwardly:
Poisson Ratio = compression strain / stretching strain.....
so substituting gives
0.4 = 66% / stretching strain
which solves to stretching strain = 66% / 0.4 = 166% [in other words the sheet had to stretch 166% of its original length in order to compress its width down to 66%
Any one think they could stretch a sheet 166% of its starting length? And worse, have such a deformed fabric go right neatly back to its snug fit around his neck, with tidy, knotted configuration once the stress was released?? How could BCI, much less the MedicalExaminer swallow the OBVIOUS DECOY AS REAL???
No science in their brains, no physical experience in their life???
Coroner Varnau beats them hollow, with her own analysis of the marks, their shape, the uniform width of the marks, the impossibility of the compression of the DECOY and topped it off with a close inspection of the weave pattern on Zach's skin where the ligature was pressed !!
For which the idiots showed disdain. Brown County should demand their money back from Montgomery and even moreso from DeWine's so-called forensics experts ... lol -- call the County Commissioners, and show them the incredible failure of their trusted expenditure

But a lot more was derivable from the medical and body and scene data that a Coroner is obligated to acquire, analyse and keep. Gusweiler doesn't want you to know that and insists that the Coroner is a simple ORC-created clerk who uses expert medical knowledge of the body to fill in the blanks on the Death Certificate and then goes away. IGNORING THAT USING HER MEDICAL OBSERVATIONS AND LOGIC SHE IDENTIFIED THE WEAPON AS WELL AS DESTROYING THE OFFICIAL STORY, making his defense of the LYING JAILERS A TOTAL FAILURE OF FACT-FINDING....

Gusweiler literally says that the Coroner is a trinket created by the ORC WITH NO COMMON LAW TRADITION BEHIND HER. A cheap slur on his part in order to diminish his intended victim he wants to gag and handcuff AS WELL AS being a lie that's part of the lawyers' Bar Association attempts to consolidate their power and control against a coroner as a possible challenging contender..... JUST LIKE THE LAW ASSOCIATIONS ARE STILL ATTEMPTING TO DO WITH JURY POWERS...... Look up FIJA -- the Fully Informed Jury Association -- who preserve the long established RIGHT OF THE JURY TO JUDGE THE VALIDITY OF THE LAW AS WELL AS THE GUILT OF THE ACCUSED LAW-BREAKER... The lawyers make the laws (most legislators are lawyers) and they apply the laws in the courts as judges and prosecutors (exclusively lawyers), so they don't want you the public to decide their chosen law is INVALID AND OF NO FORCE, A NULLITY AND VOID, TO BE DISREGARDED.

As juries should do with every Marijuana case since the designation of marijuana as a level 1 drug is based on the lie that it has no medical merit, while instead the Department of Health and Human Services HOLDS MULTIPLE PATENTS ON MARIJUANA AS A MEDICAL CURE...

The Rule of Law requires that laws be based on truth and be intelligible for people to understand and be able to honor and held accountable for as our contract (agreeing to be governed) with Common Law government. Rightfully it is not necessary that the Public petition lawmakers to undo the violation of the Rule of Law, if the Public would simply refuse to convict anyone violating the voidable-law... however by now the consequences have compounded, making straightforward solutions, just a beginning, as you may expect....

But back to Gusweiler and the Bar Association's attempts to diminish the Defender of the Dead, as the Coroner is called in Common Law countries like England.

The Coroner is a challenge to the Lawyers with their secret Grand Jury proceedings and their dependence on ENFORCERS of their laws... In England where our concepts of Rule of Law came from, the Coroner is OBLIGATED to HOLD AN INQUEST FOR **EVERY** DEATH THAT OCCURS AT THE HANDS OF LAW ENFORCERS because law enforcement have special privileges, as they do here. And as we've seen graphically LAWYERS WHITEWASH DEATH-CAUSING POLICE/FBI/etc WITH NEAR PERFECT CONSISTENCY... Baltimore's new Black Prosecutor (Marilyn Mosby) now being the sole apparent exception in recent years, now that these issues are getting questioned seriously

So Gusweiler figures he can slur this current Coroner as --- get this --- " a creature of Statute.. with no Common Law rights, duties and privileges".....

He forgets that this county has a strong undercurrent of interest in history and that this county remembers that this county was granted and settled by Virginia officers of the Revolutionary war with England, retaining their Common Law heritage. This county of Brown was even named for an officer in the War of 1812, politically demanding rights that they expected as Common Law guarantees. That heritage shouldn't have been so undeniably desecrated as Gusweiler did in order to forward his disgraceful agenda.. without consequences at the ballot box, if he lasts that long with such a corruption of justice as these Orders, that should be an embarrassment to his peers, As if they care, as we shall see....

So why would he risk that deniable claim of no common law background. Well because he wants to deny that Coroner Varnau has any powers but what is EXPLICITLY specified in the ORC 313....... but even there he is out of line... repeatedly.,.

For example ORC 313.15

but 'their duties' includes WHO-DUN-IT and WEAPONS and indications of motivations (emotion or calculated) etc... who-dun-it can be a matter of who were the only ones with access to the victim at the time of death, and weapons could be -- as in the Goldson case -- an analysis of the ligature marks on the victims neck... Gusweiler wants a gag on the Coroner as do the Deputies, the Sheriff and BCI and by now who else would be grossly embarrassed..?? eh DeWine?
or this implication of scope of investigatory power in ORC 313.17 (not convicting power, but investigatory conclusions are certified as facts in courts of law and would indicate complicated politics to be answered when law enforcement fails to be in synch raising public suspicions and awkward questions)... information matters mightily....

Gusweiler knew and/or IS REQUIRED TO HAVE READ THE LAW and digested the part that says Coroner Varnau can investigate using quasi-judicial powers "how the deceased came to his death... AND ALL CIRCUMSTANCES RELATING THERETO"...... BANG

Every time Gusweiler magisterially pretends he is adjudicating this case he is as fraudulent as a $3000 bill, which we're pretty sure doesn't exist.... yet.... hopefully...

We hear Joe Podolsky caught Gusweiler''s treacherous tactic of faulty fact-finding and failed law-reading when he saw this 'second inquest' game and read ORC 313.17 above. So reliably realizing that Coroner Varnau does what matters Podolsky magisterially modelled what Gusweiler should have confirmed. Per the law if there'd been a first inquest done, that it would have been public record filed at the Clerk of Courts. Diligently Podolski apparently filed a public records request for a copy of the 'first inquest' required to be filed with the Clerk. Gusweiler could have just lifted the phone to see whether Phillips' claims of inquests done was true. Clark himself apparently checked and told Joe that there was no such document in existence at his office, suggesting that it must be in the Coroner's Office. Podolsky wants to know how it's explainable that the Judge would not be obligated to have said Coroner's inquest document in his hands before making assertions of fact found existence of such a thing... cheers to Podolsky for nailing the Gusweiler failure of both fact and law.

More bloodhounds needed. More Gusweiler 'opportunities' in abundance.

Dig this next pretentious fraud as typical, if you can stomach his assault on justice..

Is there any need to undermine the idea of a calculated assault on justice as simple error? A spur of the moment indiscretion, rotfl{clasp face}.......this is the CALCULATED ART OF DERAILING JUSTICE......


Oh, but he's not done, not by a long shot. Wait til you see how he justifies his INJUNCTION. Dig this BASIS ARGUMENT....

I support the idea that Gusweiler is right about the Inquest causing "irreparable harm" to the DeathSquad may be the one thing Gusweiler got right, rotfl because justice would require it for the irreparable harm they did to Zachary Goldson. SCORE 1 point.

Clearly his idea that the Public's Interest is served is WAY OFF THE MARK. as well as his bold claim that the Death Squad's lawyer can argue successfully that there is only a single issue of law under dispute and the rest is 'relatively undisputed facts' which is what Declaratory Judgments are used for. Highly not what is in front of Federal Court, Without mentioning Phillips prowess in courtroom strategy, nor the demand for a jury that was Phillips handiwork... SCORE 0 points of the needed 2...

Third party harm is rather disingenuous considering what this puts people through but we'll not deal with that based on how far off the score is......

Hence NO VALID BASIS FOR GUSWEILER's INJUNCTION. BOOM... not the needed 4 points... Not even if we were to give him 1 more point that his CHEATING in imposing the unjustified injunction would complicate the Coroner's battle-while-handcuffed-with-the-injunction to the point as would make Phillips success a *little* more "likely"... rotfl at Gusweiler's circular reasoned cheating.....

Federal Judge Barrett didn't seem to be warranting that Gusweiler knows some dark secret about Barrett's propensity to cheat like Gusweiler himself. Hence we believe Gusweiler gets NO CIGAR for his fraud masquerading as adjudicating..... {roll eyes}


And to make sure there is no deviation from his ordered injunction, he puts the gun to the Coroner's head.. like this...

A total act of violence... BUT HE MAY HAVE OVERSTEPPED HIMSELF ......

Think about this.... The Federal Judge may take offense that Gusweiler has his fat thumb on the Federal Judge's gavel when Gusweiler disdvantages one party in Barrett's proud effort at careful adjudication, with assiduous reading of the law and alert fact finding work going down the drain because Gusweiler interferes with one party's ability to engage in the federal court's Discovery process without going to jail if she says or seeks anything to indicate finding out some fact not already in her hands or heaven forbid adds up facts in her arguing.

Don't you think a federal judge would be incensed at Gusweiler's fat thumb stuck into the operation of his federal court? {face-clasping}

I don't want to think about how sour this could get with Federal court issuing its own 'injunction' telling Gusweiler to butt out, graciously behind the scenes but *convincingly* and with repercussions all the way to the Ohio Supreme Court justices... oo-weee.... shame faced Gusweiler.... he lost his head this time... rotfloho.... don't know how much more Justice derailing everybody could handle without pounding poor computer keyboards... so let's go find another way to chase away the headaches.... ttyl