Tuesday, May 26, 2015

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



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


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

    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.

... 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

    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.....!


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?

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


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,,,


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.


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

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