Originally Posted - May 29, 2006

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ERIE COUNTY, OHIO----Can you be arrested and jailed for stealing your own corporate vehicle?

Can a judge impose a probation condition that you can't enter a courthouse, a public building, for the purpose of using the public law library?

Can you be threatened by police with physical harm, pursued and arrested on the basis of an invalid warrant?

Can police stop, search and arrest you without probable cause?

The constitutional issues continue to abound in northern Ohio involving disbarred attorney and judicial whistleblower Elsebeth Baumgartner, already embroiled in a First Amendment case for being criminally charged for criticizing and allegedly intimidating a judge.

It was a year ago this month that civil rights activist Baumgartner was arrested and charged with a probation violation for entering a courthouse, for grand theft of a vehicle which she had financed, resisting arrest and felony fleeing, being in fear of her life after a police officer threatened to use her police baton to break in the windows of the vehicle in which the former attorney was sitting.

Dr. Baumgartner's trial on these charges is scheduled to begin Wednesday in Erie County Common Pleas Court before visiting judge Richard Knepper despite the law that prohibits visiting judges from adjudicating criminal trials. She has filed for an order suppressing all evidence obtained and dismissing the charges on grounds that officers and or agents of the Village of Bay View Police Department, Ottawa County Sheriff's office and Ohio Highway patrol unlawfully detained Baumgartner on May 20, 2005 pursuant to an unlawfully issued bench warrant and without observing any conduct which would lead them to conclude that criminal activity may be afoot or that she may be armed and dangerous. She has requested a suppression hearing prior to trial. She is representing herself in the matter.

Apparently motivated by jealousy because her then estranged husband was in a restaurant in Bay View, Ottawa County, with his business partner, Mandy DuBois, wife of Bryan DuBois, Baumgartner's former business partner in the government watchdog blog ErieVoices, called the police last May and told them the location and that she believed there was an outstanding warrant for Baumgartner's arrest.

Dr. Baumgartner, also a former pharmacist, had been convicted in July, 2002 of making false statements at a public meeting of the Port Clinton city council about investors in an Erie County ferry company in which Erie County prosecutor Kevin Baxter has a financial interest. She was jailed in 2003 for five months for violating her probation by continuing to criticize government officials. In September, 2003, she was disbarred by the Ohio Supreme Court.

A long-time vociferous critic of government in northern Ohio and in particular, Erie County prosecutor Kevin Baxter and the county courts, Baumgartner was indicted last May on this set of charges.

Cuyahoga County prosecutor Daniel Kasaris presented the case against Baumgartner to the grand jury after Baxter disqualified himself due to the well-known and volatile conflicts of interest involving himself and Baumgartner, Baumgartner having levied charges of corruption against Baxter.

Although Baxter admitted his conflict of interest with Baumgartner, he then, contrary to law, handpicked the prosecutor he wanted to prosecute Baumgartner, naming Kasaris, a former assistant prosecutor in Baxter's office. Such appointment by Baxter creates yet even a more egregious conflict of interest and ethically should preclude Kasaris from prosecuting Baumgartner. When a prosecutor disqualifies himself, rather than him handpicking his successor, proper legal procedure dictates that the assignment is made by the court.

In 2002, Baumgartner had represented Krista Harris, a black female who had accused Baxter of keeping her in sexual servitude under threat of criminal charges. Kasaris obtained the grand theft auto indictment against Baumgartner without a complaint having been filed that any automobile had been allegedly "stolen" and without any complaining witness testifying. Kasaris did not subpoena the registered owner of the vehicle, Bryan DuBois of Sandusky, who had been hired by Baumgartner to write her story of legal abuse in the Ohio courts and who was a business partner in the Arbor Group which owned operated Erie Voices, a blog which focused on judicial and governmental corruption in northern Ohio.

DuBois has since shut Baumgartner out of the business operation and removed the blog from the Internet.

Kasaris is also the prosecutor who obtained an indictment against DuBois and Baumgartner in Cuyahoga and Ottawa Counties last August for allegedly intimidating a judge and charging that the judge engaged in judicial corruption. However, it had taken retired visiting judge, Richard Markus, over five months to decide he had been intimidated and only after he had adjudicated a defamation case against Baumgartner brought by Benton-Carroll-Salem school board member Kellen Smith, ruling against Baumgartner and lodging a $175,000 judgment against her.

DuBois and Baumgartner were charged with multiple counts of intimidation and retaliation on Markus' complaint by Kasaris in a highly questionable indictment in the free speech case. DuBois has now cut a deal with Kasaris in the case in exchange for testifying against Baumgartner.

The arrest of Baumgartner for allegedly stealing an automobile owned by her company stemmed from a bench warrant entered into court records in 2004 by Ohio visiting judge John Adkins who was personally appointed to Baumgartner's cases by Ohio Supreme Court Chief Justice Tom Moyer. The warrant was for Baumgartner's arrest for allegedly violating a questionably constitutional probation condition that forbid her from using the law library at the county courthouse.

With the state's constitutional mandatory retirement age at 70, neither Moyer nor Markus, both at age 76, should still be engaged in active judicial duties. Markus has declared Baumgartner a "vexatious litigator", has entered two libel judgments against her, has personally filed 34 counts of criminal contempt against her for her allegations of him being involved in judicial corruption and illegal billings to the state, and entered a $26,000 sanction against her husband, former 12-year Benton-Carroll-Salem school board member Joseph Baumgartner for "frivolous activity" in a lawsuit that was being prosecuted against the Baumgartners. Markus entered all of these decisions in Baumgartner's absence.

Markus also refused to review the validity of the bench warrant which was ostensibly filed in order to keep her out of Ottawa County so that she would be unable to defend herself during the ongoing proceedings before Markus during the fall of 2004. But when she did return to Ottawa County in early 2005, the warrant, for alleged violations of a probation release, contained no supporting sworn affidavit and failed to identify the alleged wrongdoing.

This invalid warrant for entering the courthouse was later used as the premise to arrest Baumgartner after police chased her into Erie County while she was driving her company's vehicle.

Witnesses say that Kasaris has allegedly admitted that Markus has described Baumgartner as a "problem" that "needed to go away" and after allegedly making that statement, that Markus then filed his criminal complaint against her in 2005, resulting in her arrest on charges of intimidation, retaliation and use of a criminal tool, a computer; and 34 counts of contempt.

In a conversation recorded by Erie Voices, Ottawa County Sheriff Robert Bratton told DuBois in November, 2004 that there had always been questions "floating" regarding the legitimacy of the bench warrant which contained no charges.

While Baumgartner has vigorously contested the legality of the warrant and has now moved for its suppression and dismissal of all charges due to Fourth Amendment violations of illegal search and seizure, Sheriff Bratton said it won't matter if the warrant stands up in court or not. "It doesn't matter if that was a good warrant or a bad warrant. What she did tonight endangered the lives of law enforcement and citizens on the street".

Apparently Sheriff Bratton isn't familiar with the U.S. Constitution or the Ohio State Constitution as it relates to probable cause. The U.S. Supreme Court has steadfastly held that law enforcement officers, even those in Erie County, Ohio under the direction of Sheriff Bob Bratton, must have probable cause to chase a person and cause their arrest. In that the purported warrant is defective and unlawful by the sheriff's own admission, there would be no legal probable cause to attempt to stop Baumgartner, to chase her vehicle, to take her into custody, search her or her property or to levy new charges against her. In order to levy resisting and fleeing charges against her, the underlying warrant must be valid which in this case, it clearly is not by the sheriff's own admission.

Based on the review of the warrant and the published statements of Bratton and published reports, it appears that Baumgartner's Fourth Amendment rights have been violated in addition to other constitutional violations.

Captain Paul Sigsworth of the Erie County Sheriff's Department terminated the police pursuit of Baumgartner last May 20, citing the totality of the situation did not warrant a vehicular pursuit.

Baumgartner was arrested in Huron County by the Ohio Highway Patrol who said that the "chase" was controlled and that Baumgartner was polite but very upset about what was happening to her". She feared mistreatment in Ottawa county by Bratton and nemesis Ottawa County prosecutor Mark Mulligan which is why she wished to be arrested in Huron County and held in Huron County Jail where she perceived she would receive a fair hearing rather than in Ottawa County. She had opposed Mulligan for the post of Ottawa County prosecutor but despite the obvious conflict of interest, Mulligan has refused to disqualify himself from prosecuting charges against Baumgartner.

After her arrest, she was transported back to Erie County after Bay View Police Chief Helen Prozowski told the highway patrol that Baumgartner was going to be charged with felonies in Erie County that night.

Based on those representations, highway patrol officers released Baumgartner to the Bay View police but Baumgartner was not charged. Instead, Prozowski held Baumgartner in custody until Ottawa County police and Bratton picked her up for incarceration in the Ottawa County Detention Facility.

It was later learned that Baumgartner was "wanted" by Ohio officials for allegedly violating her probation for entering the Erie County courthouse. A judicial order entered by Ohio visiting judge Joseph Sweeney in 2004 prohibited Baumgartner from entering the Erie County courthouse during the criminal trial of Krista Harris. Baumgartner was representing Harris in federal civil rights litigation. Harris had accused Erie County prosecutor Kevin Baxter of raping her.

Baumgartner asserts that Sweeney barred her from the courthouse because of her civil representation of Krista Harris and apparently Adkins, who signed the warrant for her arrest without an underlying affidavit as required, believes Baumgartner should be imprisoned for entering the courthouse.

Baumgartner has accused Baxter of being involved in a "corrupt enterprise", the operation of Island Express Boat Lines and has leveled other allegations of wrongdoing against the prosecutor. She says that the public contract that Baxter sought with the City of Port Clinton in regard to the boat lines violated state statutes. In an obvious attempt to damage Baumgartner's credibility and engage in a smoke and mirrors routine to divert the attention from themselves, Baxter and his associates said Baumgartner's claims were "crazy" and questioned her mental state and competency.

Baumgartner, who graduated at the top of her law class, has been thrice found competent after Kasaris and the court have demanded mental competency examinations. However, as of this point, Kasaris, Markus, Baxter or Mulligan have not undergone a competency exam.

In November, 2002, Baumgartner attempted to have Ohio Chief Justice Moyer federally investigated for allegedly "manipulating the Ohio visiting judge system in order to affect political case outcomes". As a result of her charges of governmental and in particular judicial corruption and whistleblowing activities, Baumgartner was disbarred by the Ohio Supreme Court, described as a "threat to the public safety". She describes the onslaught of charges against her and her disbarment as "the most obvious attempt to silence a citizen that I've ever seen.

Erie County administrative judge Tygh M. Tone officially recused himself sua sponte, on his own motion, from Baumgartner's case pending in Erie County Common Pleas Court although he has failed to state on the record why he has done so.

However, Tone, a Sandusky lawyer until his 2004 election, is a long time friend of Baxter and a former college roommate of Baxter's brother, Dr. Brian Baxter, now Erie County coroner.

Baumgartner was declared a vexatious litigator by Markus after Ottawa County prosecutor Mulligan asked him to do so via a lawsuit. Although Baumgartner had submitted an affidavit to the court which detailed Mulligan's alleged illegal conduct in regards to her cases over the previous years, Mulligan allegedly removed the affidavit from the court file. Baumgartner had argued in open court with Markus previously about the illegally of the bench warrant which had existed for sometime prior to Bratton and Ottawa County trying to execute it last May.

Baumgartner, who had the keys to her corporate vehicle was seated in a locked vehicle on the private property of the restaurant last May 20, waiting for DuBois who was using the restroom. The vehicle was used and paid for by one of the business entities she controls. Subsequently, Chief Helen Proskowski of Bay View Police approached her vehicle and advised she had a warrant for Baumgartner's arrest but she couldn't produce it. Instead of producing a valid arrest warrant, it was learned that Chief Proskowski was allegedly seeking to arrest Baumgartner at the express instructions of Ottawa County Sheriff Bratton upon a defective bench warrant from the Ottawa County Municipal Court.

Based on subsequent comments made by Sheriff Bratton, it was determined that he knew the warrant has been issued without an affidavit in support of probable cause to arrest defendant for an alleged probation violation of a non-violent misdemeanor conviction for which defendant had already served 231 days. Sheriff Bratton admitted the warrant was no good in statements reported by the Port Clinton News Herald on May 21, 2005.

Baumgartner says her vehicle was surrounded by four Bay View Police officers, one of whom threatened to break the driver's window and injure her in the process. She says she advised that she was leaving in order to protect her rights and herself from bodily harm by seeking another jurisdiction. She was then pursued by three law enforcement agencies until she was stopped in Huron County, Ohio by Ohio Highway Patrol by stop sticks. She was placed under arrest without charge and eventually incarcerated in the Ottawa County detention facility without charge for seven days or hearing until her release on June 1, 2005, 13 days later. She was not cited for speeding, reckless operation or any traffic citation which would justify stopping her for a charge of felony fleeing and eluding nor has anyone filed a complaint that she had stolen her company's vehicle.

In light of the alleged unlawful stop and detention, Baumgartner contends her constitutional right to be secure from unreasonable stops, searches, and seizures as provided by the Fourth Amendment and made applicable to the States by the Fourteenth Amendment was violated. Moreover, she says her right to privacy as provided by and through the Constitution was violated when officers stopped and detained her without a valid arrest warrant and without observing any conduct which would lead officers to conclude, in light of their experience, that criminal activity may be afoot or that the person with whom they are dealing may be armed and dangerous.

On Jan. 26, 2004, Baumgartner, a then 48 years old Christian civil rights activist, had been arrested and charged with one count of criminal trespassing, one count of persistent disorderly conduct and two counts of resisting arrest, by Erie County deputies Longbrake and Wimmer in the foyer of the Erie County Common Pleas Courthouse. She had entered the courthouse during normal business hours with the intent of researching documents in the clerk of court's office. During the arrest, Deputies Longbrake and Wimmer allegedly bashed Baumgartner's head into the brick wall, causing a concussion and head wound. Baumgartner said her rotator cuff was also damaged in the process of the two large deputies roughly handcuffed her. She was taken to the hospital, then posted bond and was released.

After court hours on Friday, Jan. 30, 2004, then Ottawa County Chief Deputy Bratton called Baumgartner's husband, Joseph to inform him that Ottawa County Municipal Court Bailiff/probation officer Jody Royster had again filed a motion seeking a bench warrant to revoke her probation that was unsupported by oath or affirmation due the arrest and charges in Erie County which had been issued by Visiting judge John Adkins. Chief Deputy Bratton advised that Adkins had again set no bond and no hearing date for probable cause and final revocation hearings as required by law. The bench warrant was issued with the minimum radius for arrest in contiguous counties.

On Nov. 23, 2004, Sandusky Municipal Court Judge Erich O'Brien dismissed all charges against Dr. Baumgartner which formed the basis for the issuance of the bench warrant for an alleged probation violation in Ottawa County Municipal Court. Baumgartner's business partner, DuBois and his wife Mandy assisted her in compiling and filing the motion to dismiss in Sandusky Municipal Court and thus both had knowledge of the defective nature of the bench warrant from Ottawa County Municipal Court. At the time, Sandusky Law Director Don Icsman allegedly informed DuBois that Ottawa County Municipal Court had no lawful basis to issue a bench warrant for an alleged probation violation due the charges in Sandusky Municipal Court and that motion to quash the warrant should be filed. Bay View Solicitor Mike Kauffman also serves as assistant to Icsman and Judge Tone served as an assistant to Icsman in 2004.

On Nov. 24, 2004, Joe Baumgartner and DuBois tried to file a motion to quash the outstanding bench warrant prepared by defendant in Ottawa Count Municipal Court and were barred from doing so by Ottawa County Municipal Court bailiff and probation officer Jody Royster. Baumgartner's husband and DuBois were threatened with arrest if they didn't leave the courthouse. DuBois then met with Bratton concerning the unlawful nature of the bench warrant and provided him with a copy of the motion to quash. Bratton allegedly advised DuBois that it appeared the warrant was no good.

In November 2004, DuBois agreed to enter into a business arrangement with Baumgartner to develop and publish www.erievoices.com and to provide public relations, protection and other services to her, her business interests and family members. Bauamgartner says she initially paid DuBois $170 per day which increased to $850 a week in January 2005 as he devoted full time efforts to Baumgartner's and his business interests. In March 2005, DuBois, Joe Baumgartner and Jessica Baumgartner daughter of the defendant, formed Arbor Group Company LLC, a legal and media forensics company which published at www.erievoices.com. Baumgartner was the company's general manager and she and her other business interests were the company's clients. Baumgartner said a disk of Erie Voices publications from September 2004 through November 2005 will be provided to the state and court as part of discovery and she said she intends to use these published reports as part of her defense.

She said that on or about April 4, 2005, she advanced a $2,000 down payment on the purchase of a 2005 Kia Sportage titled in Bryan DuBois' name with the understanding that the vehicle was part of his compensation and available for company business. Baumgartner or businesses she controlled made or reimbursed Bryan DuBois for all monthly loan payments on the vehicle up through February 2006.

On May 20, 2005 at approximately 8 p.m. Baumgartner said she was eating dinner with DuBois at Terry's Tavern in Bay View when DuBois received a call from his estranged wife Mandy. He invited her to join in dinner. A short time later, Baumgartner says she observed part time police Chief Proskowski enter a building down the street accompanied by a number of Bay View police officers and thought it strange that such a small village would have so many officers on duty. About 15 minutes later, just as defendant had finished eating, she observed Proskowski, and several police officers approaching Terry's Tavern. DuBois gave her the keys to the Kia, which was parked in front of the restaurant on private property and advised her to "get in, lock the doors, I'll pay and need to use the bathroom". Baumgartner said she unlocked the Kia, entered the passenger side and locked the doors behind her.

Chief Proskowski approached the vehicle and asked her who she was and Baumgartner says she declined to answer. Proskowski advised she had a warrant for the arrest of Baumgartner who challenged Proskowski to produce it. Proskowski responded she could not produce it but it was a bench warrant from Ottawa County Municipal court. Baumgartner says she informed Proskowski, that Bratton knew that warrant" is no good and you know, you can't seek somebody out, stop them and arrest them for an alleged non-violent misdemeanor violation unless the crime was committed in your presence".

Thereafter, Baumgartner says Proskowski was joined by three other police officers who surrounded the Kia and started loudly threatening her with arrest. Baumgartner said she knew, as did the police officers, if she was arrested in Ottawa County, she would once again be held without bond or hearing for an indefinite time in maximum felony isolation has happened to her previously for an alleged probation violation for an underlying non-violent misdemeanor for which she had already served 231 days despite the availability of a misdemeanor facility and or work release.

Baumgartner says she experienced a panic attack, advised the police that she was leaving and slid over in the driver's seat. A female officer raised her baton, threatening to break the driver's side window, thereby risking bashing Baumgartner's skull in the process just as the Erie County deputies had done back on Jan. 26, 2004, Baumgartner says. She said she honked her horn and advised everybody to back off because she was pulling out of the private parking lot in order to protect her rights and herself from bodily harm.

She says that she started to drive to Huron County with the express intent of surrendering herself to Huron County officials, reasoning that under Crim R. 4.1 she would receive a hearing on Monday, May 23, 2005 during which the unlawful nature of bench warrant would be exposed. She says she called DuBois by cell phone and advised him of her plans and instructed him to so inform law enforcement. She says she heard Proskowski scream "Get her" and several Bay View police pursued in vehicles including one allegedly in a private car in violation of police policy. She says she drove south on St Rt. 269 to St Rt. 6 where she headed east to St Rt. 2 and then east to State Rt. 4. She traveled St Rt. 4 South towards Huron County. Erie County and the Ohio Highway patrol were involved in the pursuit outside of Bay View's jurisdiction.

Well prior to the Huron County line Erie County deputies dropped out of the pursuit. Baumgartner was not cited for speeding, running red lights or reckless operation by any jurisdiction. Bay View police did issue a stop sign citation, but this citation was dropped. In fact, Ohio patrol officers commented to the media that defendant drove cautiously, with speeds never exceeding 70 miles an hour on highways and slowing down at intersections on Rt. 4 so as not to endanger anybody.

Lt Gregilla of the Ohio Highway patrol later advised that the pursuit had been called off because a pursuit was not justified but because the patrol had stop sticks already in place at St Rt. 20 and St Rt. 4. When she was stopped, her vehicle was surrounded by at least four patrol cars, four patrol officers with their guns drawn and ordered to get out of the vehicle with her arms up. Defendant complied and was placed under arrest without being advised of a charge or her rights until she instructed the patrol officer to read her rights to her. The vehicle was towed and impounded upon order of Proskowski. She says she has never been advised of the nature of the charge for which she was stopped and arrested by Ohio Highway Patrol.

Baumgartner compares her arrest with that of state Justice Alice Robie Resnick. Baumgartner was not under the influence of alcohol and was charged with felony fleeing and eluding, grand theft auto, resisting arrest and failure to obey. However, no charges were filed against Justice Resnick who the Ohio Highway Patrol sought to detain at a gas station in Bowling Green, Ohio after many motorists reported she was driving erratically on I-75 and endangering the lives of others just a few months prior to Baumgartner's arrest.

Resnick did not obey the request of the officer to be detained but took off and was pursued by the Ohio Highway Patrol on I-75 driving a state owned vehicle while under the influence of a blood alcohol level of 0.22. Justice Resnick was not charged with failure to obey a lawful order of a police officer, resisting arrest, felony fleeing and eluding though the video clearly shows she was all over the road and endangering many lives on 1-75. Baumgartner says State employees do not have permission of the State of Ohio to drive state vehicles drunk yet Justice Resnick was not charged with grand theft auto. Justice Resnick openly tried to use her position to avoid being criminally charged, going so far as to suggest she rules in the highway patrol's favor in cases and should be favored by the patrol due her position.

Justice Resnick pleaded guilty to a first degree misdemeanor charge for driving under the influence and instead of 231 days in jail for a first time non -violent misdemeanor and five years of probation like Baumgartner, Justice Resnick received three days of counseling, had her drivers license suspended for six months. She received no probation despite the fact that she endangered the lives of others. Videos of Justice Resnick's detention, pursuit and arrest are available at www.toldeoblade.com.

Baumgartner said she later learned from an article published May 21, 2005, that Sheriff Bratton, despite his previously stated personal knowledge that the bench warrant had issued without probable cause, had unlawfully expanded the radius for the pursuit and had inflamed the situation by falsely suggesting she was dangerous and mentally unbalanced. She said she was placed in the patrol car of Sgt. Tony Myers and advised him that she should be taken to Huron County jail because she was arrested in Huron County which is not contiguous to Ottawa County. Sgt. Myers allegedly replied that he was taking her back to Bay View police because they would be charging her with crimes in Erie County.

Upon arrival at Bay View, she said she was not formally advised of any charges against her or her rights but told to sit and wait for Ottawa County deputies. She said she observed an officer fumbling through her purse. Bay View police then used information obtained from her Florida driver's license to press four charges against her while she was in custody but failed to advise her of the charges. These charges included a third degree felony fleeing and eluding charge committed within the jurisdiction of the Village of Bay View where speeds didn't exceed 35 miles an hour, a misdemeanor charge of failure to obey the lawful signal of a police officer, a misdemeanor charge for resisting arrest and a traffic citation for a stop sign violation. Bay View authorities did not charge her with grand theft auto because the titled owner of the vehicle Bryan DuBois refused to press charges and criticized the pursuit as "Nazi -like" in comments published by the Port Cinton News Herald. Instead of advising, arresting and transporting her to the Erie County jail, she was turned over to Ottawa County deputies and transported to the Ottawa County detention facility.

Once in Ottawa County, she said she was held without bond or hearing until May 25. At the hearing, Visiting Judge John Adkins admitted on the record that there was no charging document and when she refused to admit to an uncharged probation violation, Judge Adkins claimed he was the complaining witness and ordered her to be held without bond or formal charge. Ottawa County Municipal Court bailiff/probation officer Jody Roster served her with notice of charged probation violation on May 27. On June 1, she admitted she violated her probation as charged on May 27 by leaving the state of Ohio without permission and not advising her probation officer of her new address. She was released on probation which was extended to five years despite the fact that she has served 244 days for the underlying first time non-violent misdemeanor conviction of falsification for criticizing Erie County prosecutor Kevin Baxter at a public meeting.

Upon her restoration to probation, Proskowski appeared at the Ottawa County detention facility and placed defendant under arrest for the charges filed May 20 that were never served upon her. Proskowski detained Baumgartner in her patrol car for a significant amount of time with her hands cuffed behind her back parked outside the Ottawa County jail without serving Baumgartner with charges or advising her of her rights. She was eventually transported to the Erie County jail where she posted $15,800 bond and was released.

On June 2, Baumgartner filed a motion to dismiss the charges in Sandusky Municipal Court prior to arraignment before Judge Erich O'Brien. She moved the court release the Kia impounded since May 20 at the request of her business associate DuBois present in the court room with her. Judge O'Brien said he would have a decision by the next day.

On the afternoon of June 2, Cuyahoga County assistant prosecutor Kasaris obtained an indictment for the same three charges as she had posted bond in Sandusky Municipal Court plus an additional count of grand theft auto without complaint of DuBois. DuBois had widely published at www.erievoices.com that Baumgartner had authority to use the vehicle because it was a company vehicle. DuBois also published statements from the Ohio Highway Patrol that defendant had not driven recklessly and that there was no basis to charge her with any crimes related to their pursuit as well as exposed several alleged false and or misleading statements made by Bratton as published by the Port Clinton News Herald and Toledo Blade. After obtaining the indictment, Kasaris requested an arrest warrant issue and $150,000 bond even though he knew she was already on bond from Ottawa County and Sandusky County Municipal Courts respectively. Judge Tone reduced the bond request to $35,000 but did not give credit for the $15,800 already posted for three of the four counts.

On June 3, Baumgartner contacted Kasaris in an effort to have the arrest warrant withdrawn and summons substituted. Kasaris declined to withdraw the warrant. DuBois also contacted the Cuyahoga County prosecutor's Office in effort to find out whether Kasaris' effort to indict him for domestic violence had been in fact no billed; how his business partner was indicted for stealing a company car titled in his name without complaint from him and to inquire how he could recover his property. Kasaris confirmed that he had been no billed and allegedly declined to assist DuBois the "victim" of the alleged grand theft auto charge, with recovery of the vehicle, though he did authorize its release if Dubois paid for the tow and impound fees. Baumgartner said she paid the impound and storage fees for the company vehicle which she had used a few times after her arrest without complaint from DuBois that the car was stolen previously by her or ever driven in a reckless manner so as to endanger the lives of others.

Baumgartner argues that pursuant to the landmark 1961 Supreme Court decision of Mapp v. Ohio that pursuant to the exclusionary rule and "fruit of the poison tree" doctrine that all charges against her must be dismissed as any "evidence" against her was obtained unlawfully by police by an illegal search and seizure, a violation of the Fourth Amendment.

The main purpose of the exclusionary rule is to deter government officials from benefiting from the violation of an individual's Fourth Amendment rights. This judicially created doctrine prevents police, who have acquired evidence or arrested someone as a result of a Fourth Amendment violation, from submitting this tainted and illegally seized evidence in a court of law, Baumgartner says. Quoting the Honorable Justice Holmes, 'evidence is inadmissible under the exclusionary rule, not only when obtained as a yield of an illegal search and seizure, but also if it results from information derived from an illegal search and seizure.'

The Supreme Court has held that where events are circumstantially innocuous in themselves, or too skeletal and ambiguous to create any reasonable suspicion that an individual is engaged in or was about to engage in criminal activity, the search of that individual is unwarranted and unconstitutional. A stop must be justified by some objective manifestation that the person stopped is or is about to be engaged in criminal activity.

Such circumstances did not exist in the Baumgartner case as she was lawfully sitting in a vehicle in which she had a financial interest and was on private property. Baumgartner argues that she took reasonable steps to protect herself by driving away from a dangerous situation created by improperly trained and reactionary police officers, Bay View Police undertook a pursuit without probable cause and in violation of every area law enforcement's pursuit policies except Bay View's which apparently do not exist.

She said she has repeatedly requested that the State provide her with Bay View Police pursuit policy mandated by Ohio law, but the State has failed to produce any policy leading defendant to conclude that either the policy doesn't exist or the actions of Bay View Police directly violated the policy.

Baumgartner has also filed a notice of claim against Huron County for alleged civil rights violations against her in this case.

In February, based on an affidavit sworn to by Bryan and Mandy DuBois, law enforcement authorities from Ottawa County executed a search warrant at Baumgartner's home, searching the premises for a reported 2 ½ hours. Officers seized computer equipment, which among other information, contained all of her legal research and documents pertaining to this case. As of this date, Karasis and Ottawa County officials have refused to return her computers to her.

The officers also seized documents related to ErieVOices.com. The search warrant did not contain a copy of the affidavit as required when it was executed. The affidavit, later produced, says that the DuBoises will be witnesses against Baumgartner in the upcoming intimidation and retaliation charges involving Judge Markus, that trial now scheduled for July. If convicted on all counts, Baumgartner faces up to 109 years in prison for criticizing Markus and asking him to lawfully perform his judicial duties.

There still has been no decision issued by visiting judge David Faulkner in the 34 counts of contempt filed against her by Markus which were heard at trial in April.   5-29-06

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