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