|
Elsebeth Baumgartner
Click here
for a Summary of
Ohio's "you play - (expose us)
you pay" scheme
by
American Whistleblowers' League
--
Chronicles of the Baumgartner Case
The
Elsebeth Baumgartner Story
Drugs And Corruption At Our Door Step
Originally published
Tuesday, December 14, 2004
by Sallie reporting on radio interview highlights
Elsebeth
Baumgartner’s background was that of a Pharmacist from 1978 to
1994, when she and her husband ran a successful small-town drug
store in NW Ohio. During this period she attended the University
of Toledo, receiving her law degree in 1994 at the top of her
class. She then went to work in the Biotech Transfer Field for
major medical institutions and research groups…… only to stumble
on one of the biggest rackets in the country: Steering of
government contracts and government research.
While at Cleveland in
1999 Baumgartner decided to blow the whistle. Graft was
pervasive and rampant all around her and she was unable to
tolerate it any longer. But sounding the alarm has exposed her
life to a process of total dismantling, in which she has been
targeted for destruction by the Ohio legal mafia.
Ohio is headquarters of
the legal industry, and is a leading industrial complex
attracting major Law firms from all over the country. Five out
of ten of the largest law firms in the world are located in
Cleveland, where they are intimately involved in controlling
government contracts and cash-flow, and in representing the
world’s vested money interests.
While uncovering a
conspiracy of corruption that came to be known as the Tied Grant
fraud scheme, Baumgartner made the astounding discovery that all
cases in the State of Ohio are subject to being fixed through
manipulation by the Ohio State Attorney General’s office, where
judges are appointed under the auspices of the Ohio Chief
Justice. Special Prosecutors were appointed in the same way……
some times through local prosecutors’ offices.
In January, 2002
Baumgartner filed motions to expose case-fixing against whistle
blowers in the Ohio counties of Cuyahoga, Erie and Ottawa along
Lake Erie’s north shore. Within a week of her action in filing
these motions the Ohio Supreme Court leveled accusations that
she was a threat to public safety, stripping her of her Ohio law
license and even denying her right to a hearing.
Although Ms.
Baumgartner poses no actual threat to public safety- a ludicrous
assertion from the beginning- the ruse that she poses a threat
has been concocted by the Ohio legal mafia over their secret
concerns that, given Baumgartner’s background in Pharmacology-
coupled with her record in exposing the enormous drug
trafficking and money laundering ring lead by the Chief Justice
of Ohio and certain other major law firms in Cleveland…… the
real threat she poses is obviously to them!
While serving as a
biotech attorney Ms. Baumgartner uncovered and became intimately
concerned with several technology transfers stemming from Case
Reserve University School of Medicine, Cleveland. She discovered
that there is a deeply entrenched criminal cabal within the
Cleveland political-legal clique directly controlling deal-flow
for government contracts. The trail of these unholy schemes, she
found, leads into Gov. Taft’s office through his science
advisor, Frank Samuel, who is not actually a scientist at all.
When Baumgartner tried to blow the whistle on all this and even
started unraveling corruption in Ohio law enforcement, which
seems to especially thrive in rural areas of the state- things
began happening in her own personal life at home- where she
resides in a rural area 90 miles from Cleveland.
The law firm Squire,
Sampson and Dempsey, Ms. Baumgartner discovered, seemed to play
a pivotal role in the crime wave enveloping Ohio’s political
and legal structure in connection with certain highly suspicious
pharmaceutical-medical deals. She found multiple levels in which
money crimes and massive fraud were commonplace, driven by
state officials whose source of funding came from federal
tax-payer dollars, elicited through lucrative federal government
contracts. Yet the most startling aspect of all this to
Baumgartner was her discovery of a role Charles Clark played as
both senior partner to the above law firm and husband of Federal
Court judge Leslie Brooks Wells, the jurist presiding over the
Traficant case. Clark was in an ideal position to receive
court-awarded contracts funneled to him by his wife, judge
Wells.
Pending before Judge
Wells since November 2001 has been evidence filed by Ms.
Baumgartner in Cleveland Federal Court exposing the above
fraudulently obtained government contracts and the criminal ring
of corrupt county prosecutors who abetted in the making of them,
including former county prosecutor-cum-Congresswoman Stephanie
Tuft Jones, who is implicated in case-fixing to protect illegal
drug trafficking, along with various other criminal activities
in the northern district of Ohio.
The worst-kept secret
in the Ohio Bar Association is that 30-35% of the legal
profession is drug/alcohol addicted. Ottawa and Erie county
prosecutors are known to suffer drug habits as asserted by eye
witnesses who were present while these men were in the act of
using controlled substances. Recently, more evidence has come
forward indicating that the Cuyahoga County prosecutor is also
involved.
Ms. Baumgartner found
that Ohio’s illegal drug trafficking is literally controlled by
law enforcement! she has evidence to show that members of the
law-enforcement community have consistently and flagrantly
involved themselves in improper for-profit handling and use of
controlled substances with total impunity. Apparently the don’t
look-don’t ask scenario applies in Ohio, as these criminals- who
perpetrate their misdeeds in what amounts to a good old boy cop
cartel are not prosecuted, and have been known to fabricate
crimes against those who try to expose their racket.
The case that got Ms.
Baumgartner in trouble with the Ohio Supreme Court, and which
led to the revocation of her law license, was one first
uncovered by former attorney Jeffery Keith following the freak
death of his stepson. When Keith attempted to enter his son’s
estate into the Ohio probate process he butted up against what
amounted to a brick wall, called the probate case-fixing cabal.
When he tried to advance his stepson’s probate action he was
warned by a leading attorney from Western Heard, one of
Cleveland’s biggest law firms, that if he went forward with the
probate proceedings his life would come unraveled.
Mr. Keith was
threatened that he’d better prepare to take on the world if he
persisted…… i.e.- his troubles would be severe. Keith’s
connection to a group called CAAMEO- Cleveland Arab America
Middle Eastern Organization, where he worked as fund-raiser, may
have been one factor in this unusually harsh and abusive
treatment. In 1995 Keith attended a meeting where an envoy from
then President Clinton, Dr. James Zogby, was in attendance.
Zogby was present in what was supposedly an official capacity as
head of the Arab-American Institute, and was there to propose
that CAAMEO be awarded a $5 million dollar federal grant to
establish an African-
American Bank in
Cleveland. However, as Mr. Keith learned, these funds were
earmarked for use in the construction of West Bank housing for
Israelis, and were to be administered under the farce of an Arab
front group.
Such things fly in the
face of all Americans hold sacred, serving to further exacerbate
animosities in the strife-ridden Middle East, not to mention the
despicability of profiteering from human misery. Present at this
meeting was Congresswoman Mary Rose Oakauer, who was involved in
the scam. Keith, whose life had been vividly transformed by the
experience with the Ohio probate process in the matter of his
stepson’s death, had taken all he was willing to take. Having
just learned of the fraudulent misappropriation of the CAAMEO
funds he said "This is treason, and I will not be involved with
it."" He then walked out of the meeting, and as he departed he
was told, "We will destroy you." Shortly afterward, Mr. Keith
was indicted on 96 fabricated counts of arson by then-
prosecutor Stephanie Tuft Jones, who saw to it that Keith was
convicted and sent to prison.
However, six years
later many of the agents who had been paid to fabricate the
criminal case against Mr. Keith have come forward and given
sworn affidavits, which were filed in Cuyahoga County Common
Pleas Court in January, 2002, asking that a new trial be ordered
for Mr. Keith. These affidavits were instrumental in exposing
recently-elected Congresswoman Stephanie Tuft Jones’
involvement in case-fixing and fabrication of evidence. It was
shortly thereafter that Ms. Baumgartner’s law license was
stripped from her.
The second case filed
in January, 2002 involved an African American woman from
Sandusky Ohio, one Christa Harris, who was sexually enslaved by
Erie Co. prosecutor Kevin Baxter for nearly five years under
threat of false criminal charges. Mr. Baxter was one of the Ohio
good ‘‘ol boys intimately involved in drug trafficking in the
county. Ms. Harris found the courage to swear out affidavits in
the months of December, 2001 and January 2002 in a effort to
gain her freedom. Yet rather than address any of Ms. Harris’
concerns she was, instead, brought up on false charges over a
probate case she was exposing, tried, sentenced and imprisoned
in Marysville Women’s Prison.
Since that time two
things have transpired: 1) Ms. Baumgartner has filed a motion in
Erie County for a special prosecutor to look into allegations of
criminal activity there, and has filed all evidential materials
pertaining to the above and other allegations with the US
District Court, where 2) She has put in a request for a special
grand jury and special prosecutors. She has been contacted by
citizens all over Ohio who complain that officials are virtually
never held accountable for crimes of theft and other
illegalities, and that Ohio citizens are being denied
constitutional access to the courts. It falls as highly
coincidental that Ms. Baumgartner was assigned the courtroom of
Federal Judge Leslie Wells in the grand Jury proceeding, the
very judge presiding over the Traficant case.
At about this same time
Baumgartner had gone public with her allegations at a town
council meeting held in Port Clinton, Ohio based on sworn
affidavits from eyewitnesses who spilled the beans on Kevin
Baxter’s involvement with organized crime. Additionally,
eyewitnesses (former associates) confirmed that Baxter is
employing his ferry boat company, "Island Express Boat Lines,"
which he owns and operates, for illegal federal and state
contracts…… and using the ferry boats for drug smuggling and gun
running. Ohio has islands that have a known history as drug and
weapons-smuggling drop points.
Ms. Baumgartner’s
public announcements failed to curry favor with the entrenched
Ohio clique. She had spoken on behalf of several clients, of
whom one’s mother was believed murdered because she was getting
ready to blow the whistle on the cabal’s activities. When
Baumgartner spoke publicly in her official capacity as an
attorney she found herself strapped with criminal charges. No
one looked into the evidence that her clients had presented, or
the fact that there were eyewitnesses to the alleged criminal
conduct. True to form, the cabal trumped up an immediate
assumption that she was lying, without even bothering to look at
the evidence. She was charged with "Falsification" for her
indiscretion of exposing the good old boys’ unconscionable
behavior. Baumgartner goes to trial this Thursday and Friday
7/25 and 7/26 in Port Clinton, Ohio.
Keep in mind regarding
the above that in a 1964 case titled Garrison vs. Louisiana it
was specifically stated that a citizen cannot be criminally
charged- especially when that citizen happens to be an attorney-
for standing up at public meetings and calling for an
investigation, or criticizing a public official.
Chief Justice Moyer
who, it is said is……"owned by the drug cartel," has assigned a
visiting judge from 150 miles away to preside in the Baumgartner
coal-raking, despite death threats that have been made against
Ms. Baumgartner, her clients, and witnesses as recorded in filed
affidavits. People don’t receive death-threats unless they pose
imminent danger to someone. Yet this FIX-IT judge, John Adkins
from Circleville, Ohio is going forward with the Baumgartner
prosecution (persecution). Adkins, like his fellow jurists, has
all the earmarks of a dishonorable judge. Also being brought in
is a special prosecutor named Tim Brawn from Lucas County,
Toledo, Ohio, who is to prosecute the case against another
female victim named Elsa. He just happens to be the brother of a
Sandusky, Ohio police officer and rides comfortably ensconced in
a hip pocket (where the money’s kept) of Erie County prosecutor
Kevin Baxter of Sandusky, Ohio.
In summation, all these
members of the Ohio good old boys’ political-legal clique are in
collusion and sharing the proceeds of their criminal acts! The
case against Ms. Baumgartner clearly becomes one of sour grapes
when keeping in mind that she and her clients were all victims
of these corrupt law enforcement officers. The tragic murder of
a woman who was the mother of one of Ms. Baumgartner’s clients
and the false imprisonment of another client, Christa Harris,
who was forced to serve as a private sex-slave to Erie Co.
prosecutor Kevin Baxter for reporting his involvement in drug
trafficking and probate fraud…… are only the "tip of the
iceberg."
Baumgartner didn’t make
any friends when she stood up during a Port Clinton, Ohio
Council meeting urging that the members not enter into a public
contract with Mr. Baxter’s Island Express Boat Lines, as he uses
same for criminal activities. It’s the old sweet-sop where a
public entity- government- enters into contractual arrangements
with a member of the private sector to operate a concession for
profit. Within the context of this scenario lies an enormous
conflict of interest.
The case against
beloved Congressman Jim Traficant who is also a victim of
government steering contracts was under the hawkish scrutiny of
the same Republican Congresswoman Stephanie Tuft Jones who’d sat
on an ethics committee before judge Leslie Wells- the same
rotten judge who saw to Rep. Traficant’s ushering into prison.
He said he had been railroaded; he was right.
The case of attorney
Elsebeth Baumgartner is an outrageous attempt to muzzle an
attorney at law who is attempting to bring forward evidence of
serious criminal activity, including several cases of murder.
But, grim though the appearance of things may be for her, truth
is a defense, and she has many witnesses.
These statements are
not my opinion, but were derived from a partial transcript drawn
up by Ms. Baumgartner in explanation of her feelings over being
disbarred and to make known the long legal ordeal she has been
made to endure for her courage in speaking openly of the matters
addressed in this article. The content of this narrative was
made public in a broadcast radio interview, paraphrased only for
proper tense and congruence.
I disbelieve the fact
of drug-trafficking and corruption is a problem only in Ohio.
There was another case on public radio in Kalispell, Montana
involving drugs, which had been covered up by the Kalispell
sheriff, a local judge and the FBI. Last year a man with some
knowledge of the preceding is known to have met with FBI
personnel at a secluded area to furnish evidence of the above,
but never returned home. This year, another local citizen
investigated the situation in Kalispell and was arrested on
trumped up charges, then physically abused while in custody. His
mother, a retired Army Captain, is very worried he may not live
to go to trial. The attorney she had hired to defend him was
threatened with disbarment. Sounds very familiar!
Source:
http://arc3.m2ktalk.com/p235678/072202.ram (starting
at 18)
$175,000 Verdict Against Baumgartner
More Contempt of Court Charges Pending
By Kristina Smith
News Herold
December 14, 2004
PORT CLINTON - OHIO -
Disbarred former Oak Harbor attorney Elsebeth Baumgartner faces
criminal contempt charges after losing a libel case filed
against her.
Visiting Judge Richard
Markus ruled Monday that Baumgartner repeatedly defamed former
Benton-Carroll-Salem school board member Kellen Smith through
libelous letters and must pay him $175,000 in damages. Evidence
in the case was presented Dec. 1-3 in Ottawa County Common Pleas
Court.
Markus cited 32
references from court records Baumgartner filed during the case
that caused the contempt charges, including accusations of
case-fixing and corruption against Markus, Smith, Ohio Supreme
Court Chief Justice Thomas Moyer and other officials.
"As the fifth and final
judge who has been subjected to her disgraceful verbal assaults
in this case, this judge believes he has a professional duty to
cite her for some of her criminally contemptuous acts during the
time that this judge presided over this case," Markus wrote,
noting during the case three sets of attorneys withdrew
themselves and four judges recused themselves. "If no one seeks
to halt this disruptive conduct, she has every reason to believe
that no restrictions apply to her advocacy in any court."
Baumgartner said the
decision did not surprise her and that she is talking with the
U.S. Department of Justice about her allegations of case-fixing
against Markus and racketeering against Smith and Markus.
"This is a sham
judgment," she said by telephone Monday. Markus asked that
another judge be assigned to hear the contempt case against
Baumgartner because he could be called as a witness, according
to court records. A hearing date has not been set.
Markus ruled that
letters Baumgartner wrote to local law enforcement agencies, the
Ottawa County commissioners and others seriously harmed Smith's
reputation and were malicious, court records show.
Baumgartner accused
Smith of conspiring with other school officials to cover up
corruption and harassment against her daughter, Jessica
Baumgartner, a former student in the district.
Smith was not available
for comment Monday, but had said earlier that Baumgartner turned
on him after he investigated her complaints against other school
officials and determined that they were baseless.
Elsebeth Baumgartner,
who lists addresses in West Palm Beach, Fla., and Lambertville,
Mich., arrived on the final day of the trial to be a witness,
but she did not defend herself in the case. She was not called
as a witness.
There is a warrant for
her arrest from the Ottawa County Municipal Court for a
probation violation, but Markus said he granted her immunity
from it to appear for court. Baumgartner has disagreed with
Markus' statement that she had immunity.
Markus dismissed
Smith's libel case against the DNA research company, Cleveland
Genomics Inc., of which Baumgartner is the president and chief
executive officer, during the final day of the trial.
Ex-Oak Harbor Attorney Faces Additional Charges
Toledo Blade
May 26, 2005
BAY VIEW, Ohio —— More
charges were filed yesterday in Erie County against a former Oak
Harbor, Ohio, lawyer who was arrested last weekend after
allegedly driving away from police.
Elsebeth Baumgartner,
50, was charged by Bay View police with felony failure to
comply, resisting arrest, failure to comply with the order of a
police officer, and a stop-sign violation. According to
authorities, she fled from police officers who had arrived
Friday night at a Bay View restaurant to arrest her on a
probation violation warrant.
Ms. Baumgartner, who
has made numerous charges of wrongdoing against local public
officials, appeared yesterday in Ottawa County Municipal Court
for a hearing on the probation violation.
http://toledoblade.com/apps/pbcs.dll/article?AID=/20050526/NEWS03/50526006/-1/NEWS
Subsequent Events
On August 4, 2005
Elsebeth Baumgartner was refused the right to file an appeal by
the Ottawa County Clerk’s office in the criminal case. She was
also denied the right to defend herself in felony charges
against her brought by the judge in her case, by retired visiting
judge Richard Markus, 74. She cannot file motions in her own
defense unless she has prior approval of the complainant judge
Markus.
Baumgarten was released
on August 10, 2005 from the Cuyahoga County Jail in northern Ohio
after posting a bond reduced to $25,000. This was after she was held for 24 days,
10 days in isolation with no outside contact.
After retired judge Richard
Markus had filed a criminal complaint against
Baumgartner and obtained an order of protection against her,
claiming that he has been intimidated by her, he has given notice
that he is moving forward Friday, August 12 2005 with a contempt
hearing in Ottawa County against Joseph Baumgartner, Elsebeth’s
husband.
In October 2005
Baumgartner and Bryan DuBois, editor of a blog which focuses on
judicial and governmental corruption in northern Ohio once again
brought before the Ohio Common Pleas Court charges of
prosecutorial misconduct including use of the office for
political retribution.
Trial was scheduled for
Monday March 27, 2006 in Cuyahoga County in northern Ohio and
the trial was commenced.
Upon Baumgartner having
attended a creditors' hearing on July 26 2006 in federal court
in the bankruptcy action of her former business partner and his
wife, special prosecutor Daniel Kasaris has moved to revoke her
bond and issue a warrant for her arrest to cause her immediate
incarceration. Baumgartner appealed to the Ohio Supreme Court.
She also asked Cuyahoga County Commons Pleas Court Judge Shirley
Strickland Saffold to recuse herself for prejudice.
A trial was scheduled
to begin Monday, Nov. 13 before Cuyahoga Common Pleas Court
Judge Shirley Strickland Saffold against Baumgartner on multiple
counts of intimidation, retaliation along with criminal
possession of a criminal computer. To see, grand jury minutes
click here.
Also in November 2006,
seven months after
Baumgartner was tried in Ottawa County on 34 contempt charges
made against her by retired visiting judge Markus, visiting
judge David Faulkner rendered his verdict, finding her guilty on
27 counts of contempt and sentenced her to 120 days in the
Ottawa County Jail and was fined $2,700.
Visiting Judge levied the
punishment against 51, after finding her guilty in late October
of disrupting the court with statements she made during earlier
court proceedings. Judge Faulkner said Ms. Baumgartner's
behavior continued despite warnings by the judge hearing the
cases, Richard Markus, a retired judge from Cuyahoga County.
Her
attorney, Frank Gasper, said his client "was like anyone else"
before 2001 when she became involved in a string of litigation.
"She became an advocate for, she believes, people that were
being deprived, and that is continuing up until today,"
Mr. Gasper said. Judge Faulkner denied her a stay and
appellate bond pending appeal.
In December 2006 Baumgartner was
sentenced to eight years in prison for writing e-mails to
retired visiting judge Markus who now although 76 years old is
still sitting on the bench presiding over cases without regard
that the Ohio Constitution mandated his removal from the bench
when he reached age 70.
In March 2007
Baumgartner, who has been disbarred as an attorney, and was
punished for being a whistle blower on governmental corruption
in northern Ohio, entered a no contest plea in Erie County Court
to charges of felony fleeing and failure to comply with the
order of a police officer for charges brought against her in May
2005 by Bay View Police. It is noteworthy that charges of
resisting arrest and grand larceny against her were dismissed.
Baumgartner claims that a defective warrant was used against her
as having been issued in a case that was already dismissed
against her. Baumgartner's attorney, Richard Drucker, stated the
matter would be appealed, because one of the elements of law to
sustain a charge of felony fleeing is that there must be a
substantial risk to public safety involved and in the
Baumgartner case, that is missing.
Ohio Attorney
Baumgartner Jailed Again
By Greg Szymanski
February 29, 2008
An Ohio
attorney facing 66 years and six months in jail for speaking out
a city council meeting was jailed last Thursday after making a
routine court appearance in preparation for her upcoming trial.
Information still remains sketchy as to the exact reason
why attorney Elsebeth Baumgartner was hauled away to the Erie
County jail, but sources close to the case say it's nothing but
'political pay back' for uncovering serious corruption in
Cuyahoga County leading all the way to the doorstep of the White
House.
As outrageous as it sounds, Baumgartner faces a
total of more than 109 years in jail on other felony charges
stemming from city council incident, including emailing a high
ranking Ohio judge and running a controversial web site accusing
high ranking Ohio officials with serious crimes.
'They have
twisted the law and essentially taken away my freedom of speech
rights,' said Baumgartner two weeks ago after appearing on Greg
Szymanski's radio show, The Investigative Journal.
After
Baumgartner was jailed Thursday, she was unavailable for
comment, as all phone and email contacts have gone unanswered.
However, close friend and associate, Angela Caputo, provided
the following update on her case, saying as of Sunday evening
Baumgartner was still being held in the Erie Country essentially
as a modern day 'political prisoner.'
'Elsebeth is in the
Erie County jail. Thursday was supposed to be the start of her
trial on felony fleeing and eluding in front of Visiting Judge
David Knepper, said Caputo. 'I do not have any details yet -
just a message from her husband Joe Baumgartner.
'I believe that her
knowledge and exposure of the case fixing via visiting judges is
the main international scandal that is being contained. Here is
a direct quote from Elsebeth's document that was sent to Agent
John P. Pearson, USDOJ, and Ted Wasky, FBI Cleveland, with
copies to Cuyahoga Judge Nancy McDonaldand Erie County Judge
Roger Binette on May 17, 2006 which sums it all up:
'My allegations included widespread case fixing via manipulation
of special prosecutor and or visiting judge appointments to
protect far ranging corrupt activity in Ohio including pay to
play and the facilitation of federal grant fraud, insurance
fraud and or thefts of public resources including sensitive
biotechnologies by Ohio law firms such as Benesch Friedlander,
Coplan and Aronoff; (Cleveland) Baumgartner& O Toole (Sheffield
Lake); Roetzel and Andress (Akron and Toledo); Murray and Murray
(Sandusky) and Spengler Nathanson, and Eastman and Smith
(Toledo). Later reports to the USDOJ included allegations of
protection of extortion, drug trafficking, weapons running, and
various sex crimes including child pornography and other crimes
against women and children by compromised prosecutors, judges
and law enforcement officers including federal officers,
prosecutors and Judges David Katz, Patricia Gaughan and others.'
Caputo went on to say:
'I agree and have stated the same conclusion to Elsebeth that
you have - her exposure of this truth is the biggest story in
America and I believe that it is being suppressed at the highest
levels of our fascist government.
'I do not say that lightly. Several months ago, Else discovered
her name had been inked to a gateway porn site. I looked at the
site and saw that it was actually a political bulletin board
with the domain owned by a Russian.
'The site regularly discusses Erie Voices, Elsebeth Baumgartner,
and Bryan DuBois in some type of repetitious code. This site has
talked about 'shooting civilians in Iraq' for months and the
story was just finally was reported in MSM. I find it strange
that allegedly this tragedy occurred (November 19) only 2-days
after John Murtha's speech and confrontation with Jean Schmidt
(November 17).
Baumgartner's story provides a sad glimpse at the clamp down of
freedoms in America, as she has already spent more than 244 days
in jail, including 10 days 'locked in a hole' without right to
counsel, clergy or even phone calls.
The Arctic Beacon has covered the story extensively because of
its importance as media outlets have ignored the case especially
in Cleveland where the press, Baumgartner claims, is complicit
in covering up for crooked politicians.
In earlier Arctic Beacon stories, Baumgartner, who graduated
first in her class from the University of Toledo Law School,
said:
'I was essentially put in a hole for 10 days and held
incommunicado as a domestic terrorist,' said Baumgartner. 'I
wasn't allowed legal counsel, the right to clergy and even the
opportunity to make a phone call.'
And if anyone thinks Americans don't already have two feet
buried deep into the mud of fascism, pay close attention to how
and why Baumgartner was originally jailed for 234 days on a
misdemeanor charge.
'I basically was jailed for standing up and speaking at a city
council meeting,' said Baumgartner about the night in 2001
leading to arrest five days later on technical charges of
Falsification.
The charges stemmed from statements she made questioning a huge
ferry boat contract awarded to an Ohio businessman, citing
affidavits from some of her clients alleging the boats were
being used for illegal drug running with full knowledge of state
politicians, law enforcement and federal officials.
Further, she questioned the legality of awarding the lucrative
Lake Erie contract since it amounted to nothing more than 'a
political favor' as another company was overlooked who was more
competent and provided the same ferry boat service for less
money.
'All I did was speak out and use my right as a citizen to
question our government,' said Baumgartner, adding that she must
have struck a nerve that night, leading to corruption at the
highest levels of Washington, as well as the Ohio Governor, the
Chief Justice of the Supreme Court and the Ohio Attorney
General.
Baumgartner said five days after the city council meeting she
was arrested, the state twisted the law to say she falsified
statements at an official public hearing.
However, legal observers say the technical law used in her
'illegal arrest and incarceration' was never intended for mere
statements made at open forum city council, but rather the
Falsification misdemeanor law was intended for official
government hearings when witnesses are placed under oath.
'They just twisted the law and I was jailed,' said Baumgartner.
'As a lawyer, respected in my community, I never thought this
could happen in America, but I am living proof it can and it's
not over yet.'
As a bio-tech attorney representing influential clients,
Baumgartner's original troubles also began when she notified
state and federal authorities about sensitive bio-tech
information being hi-jacked, information which could have been
used to wage bio-tech warfare against the U.S.
But instead of receiving cooperation from the feds, she claimed
any serious investigations were stonewalled, as she became the
brunt of harassment and illegal surveillance for reporting the
alleged bio-tech misappropriation of information.
Besides the bio-tech and ferry boat matters, Baumgartner also
tried to save her local school district $1.5 million involved in
a contract scam she uncovered, a scam involving top officials
and only the tip of the ice berg, leading to how money may have
ended up in the coffers of George W. Bush's 2004 re-election
campaign as a for return on political favors.
'I think they wanted to contain the scandal brewing to the state
and local levels and this why they came down hard on me,' added
Baumgartner.
After serving 234 days and then losing her law license,
Baumgartner started a web site, deciding to go all out, exposing
how she was being 'railroaded' and exposing even more state and
federal political corruption.
In a recent letter directed to family and friends, Baumgartner
tries to explain what's now unfolding in her battle against
government corruption:
A 15 count indictment was issued for me today with a warrant in
Cuyahoga County. These charges relate to my alleged intimidation
of my former business partner Bryan DuBois and his wife Mandy
DuBois related to Erie Voices in Erie County while I resided in
Ottawa County. It appears Cuyahoga is trying to boot strap the
case to the current case in Cuyahoga in order to keep the case
there to complicate my defense and deny me a fair trial. Those
of you who have followed the story know that while I was held in
the State Mental Hospital, Bryan and Mandy stole Erie Voices
from my family and turned it in to a Baumgartner bash and
disinformation site.
'When I got out and started aggressively publishing the truth of
what happened including the fact that over $35,000 had been
misappropriated from us or our company exclusive of equipment
and the value of the contents of the website itself; (well over
$50,000 invested) the DuBois felt the truth intimidated them.
'It was at this point that the site was shut down by the DuBois
at the government's urging in order that all the evidence
necessary to my defense, the public good and of their own
intimidation of my family and me was not available. This was
also the reason for the raid on my home. To obtain all of my
computer records related to pay to play, and evidence gathered
related to the website.'
http://www.opednews.com/articles/genera_by_greg__080228_ohio_attorney_baumga.htm
Conviction
Upheld for Ex-Attorney
By Kristina Smith Horn
Staff Writer
March 8, 2008
An appeals
court upheld Elsebeth Baumgartner's 2006 criminal contempt
conviction for accusing a judge of persecuting her and
committing crimes.
The disbarred Oak Harbor attorney gave
no evidence to back up any of her dozens of allegations against
Visiting Judge Richard Markus of Cuyahoga County while he
presided over a civil libel trial against her in 2004, the Sixth
District Court of Appeals ruled Friday.
Baumgartner, 52,
served 120 days in the Ottawa County Detention Facility after
another visiting judge found her guilty of 27 counts of contempt
in Ottawa County Common Pleas Court.
"We recognize that
judges can be subjected to rude and insolent comments and
behavior," the justices wrote. "We also recognize that judges
must necessarily withstand this rudeness and insolence on
occasion. A judge's life is not for the meek.
"Having said
that, we finally recognize that there is behavior so outrageous
that it constitutes an attack on the legal system and is,
therefore, contemptuous."
Lawsuit Means Jail for
Baumgartner
By Holly Abrams
SanduskyRegister.com Front Article
May 11, 2008 Sunday
Elsebeth Baumgartner
CLEVELAND
First she was disbarred. Now she's behind
bars.
An eight-year prison sentence for a Cuyahoga County
conviction was imposed on disbarred Oak Harbor attorney Elsebeth
Baumgartner Friday after it was found she broke her bond
conditions, said assistant Cuyahoga County prosecutor Dan
Kasaris.
"She once again failed to follow the rules," he said.
Baumgartner, 52, filed a lawsuit in April in the U.S.
District Court for the Southern District of Ohio. As part of the
bond conditions Cuyahoga County Common Pleas Court Judge Shirley
Strickland Saffold had ordered Baumgartner not to file any
lawsuits, Kasaris said.
"The lawsuit was full of typical Baumgartner slander," he
added.
In the lawsuit, Baumgartner was suing the president of the
Ohio State Board of Pharmacy, Ohio Supreme Court Chief Justice
Thomas Moyer, Ottawa County Prosecutor Mark Mulligan, Erie
County Prosecutor Kevin Baxter and others.
She alleged misconduct on behalf of the defendants in part by
revoking her license to practice pharmacy, the lawsuit states.
The defendants also engaged in a conspiracy to "defame and
discredit" her for representing an African American female in a
criminal case, she alleged. Baumgartner had asked for $36,000.
"It's classic Elsebeth," Baxter said. "It's all the same.
Every kind of crime known is alleged in there with the chief
justice and other folks."
Baumgartner was sentenced in January 2007. She had made
threatening Internet postings and e-mails to a judge who oversaw
the legal proceedings in two 2004 defamation cases against her,
and a third case to have her declared a "vexatious litigator."
She was also accused of intimidating a former colleague with
whom she operated a Web site.
Baumgartner was convicted on 11 counts of intimidation and
four counts of retaliation -- all felonies. She had pleaded no
contest to the charges. Her appeal to that case is still
pending, Kasaris said.
Baumgartner voluntarily dismissed her complaint Thursday.
Prior to her criminal appeal being filed, Baumgartner had
served about six months in prison. "Most people are not afforded the opportunity of an appeal
bond," Kasaris said The court of appeals could grant another appeal bond if they
choose to, he said. But her friends say this is just a way to silence her.
"She's not doing good because they just keep screwing with
her," said friend Shawn Baxter, who answered the phone Friday at
her Oak Harbor home. "They're saying that she can't have freedom
of speech."
Baumgartner's husband, Joe, had similar thoughts. "It's just a mess," he said. "It's just one more thing they
are trying to drag my family through the mud. She should not
have had her bond revoked in the first place."
Subsequent Events
Since Common Pleas County Judge Shirley Strickland Saffold
revoked Baumgartner's bond she is
incarcerated
in the Ohio Reformatory for Women and is serving her eight year prison term for intimidating
retired visiting Judge Markus.
Prior to that Baumgartner
was free on a $50,000 bond pending the outcome of her appeal of the 2005 conviction for intimidating and retaliating against retired visiting judge Richard Markus as well as her former business partner, Bryan DuBois.
Baumgartner was indicted on numerous felony counts of
intimidation and retaliation as a result of sending
non-threatening, but allegedly “materially false” e-mails to a
judge and others and for filing civil suits containing allegedly
“materially false” allegations. She was indicted on
numerous felony counts of intimidation and retaliation in a
second case for posting offensive web posts on a website about
her co-defendant and his wife, Bryan and Mandy DuBois. One
of the postings was allegedly materially false and the other was
a parody of rap lyrics by a nationally known rap artist which,
although not directed at any one in particular, was alleged to
constitute a “threat of harm.”
After
pleading no contest to 18 felony counts she was found guilty of
15 felony counts, including four felonies for the altered rap
lyrics post alone. On Dec. 18, 2007, Ms. Baumgartner
was sentenced to a total of eight years in the Ohio Reformatory
for Women. She appealed.
On
Jan. 29, after briefing had been completed by both sides, the
Court Of Appeals determined that it lacked jurisdiction to
proceed because Saffold had failed to sentence Baumgartner on
six counts of which it had entered findings of guilt in its
journal entries. The appeals court therefore
remanded the case back to the trial court but did not dismiss
the appeal.
On
remand, Saffold, without Mrs. Baumgartner being present,
sentenced her to additional time and sentenced
her on two counts of which she had specifically been found “not
guilty” during the change of plea proceedings.
|