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ERIE COUNTY, OHIO---Judicial activist Elsebeth Baumgartner of Oak Harbor is in Erie County Jail after retired visiting judge Richard Knepper found her in contempt of court Thursday and ordered her to spend 45 days in jail.
Details about the order are sketchy. Baumgartner had been scheduled to begin trial in the Erie County Common Pleas Court before Knepper on felony grand theft charges for allegedly stealing her own corporate vehicle, felony fleeing and misdemeanor charges of failure to comply and resisting arrest.
By law, visiting judges are prohibited from adjudicating criminal trials. Dr. Baumgartner had filed for an order suppressing all evidence obtained against her 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 had requested a suppression hearing prior to trial.
She is representing herself in the matter. http://www.northcountrygazette.org/articles/052906OhioWhistleblower.html
She is also scheduled to begin trial in Cuyahoga County Common Pleas Court on July 10 before Common Pleas Court Judge Shirley Strickland Saffold for allegedly intimidating retired visiting judge Richard Markus by sending him emails and for allegedly intimidating her former business partner and his wife with postings on her company website.
Assistant Cuyahoga County prosecutor Daniel Kasaris, is the prosecutor in both cases. It appears as though the incarceration is an attempt by the state to restrict Baumgartner's ability to prepare for trial and to restrict publicity about the upcoming court proceedings. 6-2-06
© 2006 North
Country Gazette
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