Originally Posted - August 17, 2006

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ERIE COUNTY, OHIO----As the result of Elsebeth Baumgartner attending a creditors' hearing on July 26 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, judicial whistleblower and civil rights activist in northern Ohio, learned late Thursday afternoon by mail that a hearing will be heard Friday morning at 9 a.m. before Judge Richard Knepper in Erie County Court.

This action by Erie County is premised on a complaint filed with Kasaris and the Erie County prosecutor's office by Baumgartner's former business partner and co-defendant Bryan DuBois who claimed that Baumgartner had violated a protective order by appearing at the open court proceeding.

After DuBois and his wife turned against Baumgartner and became governmental witnesses, claiming that she had intimidated them by making postings on Erie Voices, a website and business which Baumgartner financed and co-owned with Bryan DuBois, Baumgartner was arrested on intimidation charges in Cuyahoga County, not Erie County. A standard order of protection by Cuyahoga County court prohibiting Baumgartner to have no contact with the DuBois was issued.

Baumgartner is being prosecuted in Erie County for grand theft of her own corporate vehicle and felony fleeing. Although the vehicle in question was registered in the name of Bryan DuBois, Baumgartner had financed the vehicle, making the down payment and after DuBois defaulted on making the payments, the creditor contacted Baumgartner for payment, proof of her ownership interest.

DuBois never filed a complaint against Baumgartner for unauthorized use of the vehicle and in fact, stated publicly in a published article on Erie Voices that Baumgartner had permission to use the vehicle and that there had been no "theft".

Upon learning of the July creditors' hearing and having claims against the DuBoises, Baumgartner attended the proceeding in the open court, a public session. There was no "contact". According to the filings received by Baumgartner Thursday, it is evident the judge in the case and the bankruptcy trustee were made aware of the protective order and took no steps to apprise Baumgartner that she could not participate in the hearing. No objection about Baumgartner's presence was raised by the DuBoises on the record although it's obvious that questions posed by Baumgartner about their filing and financial status made the couple uneasy.

What is even more apparent is that the Erie County prosecutor's office, Baumgartner's long-time nemesis prosecutor Kevin Baxter and Erie county special prosecuting attorney Daniel Kasaris are complicit in the knowledge of the alleged bankruptcy fraud of the DuBoises.

Baumgartner was allowed to question Bryan DuBois at the hearing and forced admissions from him relevant to his bankruptcy claim.

In an exclusive report published Thursday morning, The North Country Gazette revealed that the entire credibility of the DuBoises is at issue with proof now existing that the couple may have made false statements in their bankruptcy petition, allegedly failing to disclose income and assets.
http://www.northcountrygazette.org/articles/081606WitnessCredibility.html

It has also been learned by The North Country Gazette that Mandy DuBois failed to disclose her employment position as a sanitarian with the Erie County Department of Health, a position which may have been arranged for her by Baxter and Kasaris as part of the "deal" for the couple to be government witnesses against Baumgartner.

In fact, given the income of the DuBoises, it appears that perhaps their petition should have been a Chapter 13 reorganizational action, not a Chapter 7 discharge.

Based on the information obtained by The North Country Gazette in relation to the bankruptcy filings and testimony, it appears that it should be the DuBoises who should be appearing in court as defendants and that circumstances may warrant the revocation of Bryan DuBois' diversion for having allegedly made false statements to the court.

Court filings in Erie and Cuyahoga Counties where Kasaris is prosecuting Baumgartner, indicate that Mandy DuBois of Sandusky has been a government informant against Baumgartner since at least early 2005.

Earlier this year, Bryan DuBois, who had been criminally charged along with his former business partner Baumgartner, turned on Baumgartner and cut a deal with prosecutors in an effort to imprison the former attorney, a longtime critic of Ohio government who lost both her license to practice law and her pharmacist's license for speaking out against governmental wrongdoing.

Although DuBois entered into a plea deal in May which resulted in diversion in July for Bryan, The North Country Gazette has learned that recent filings in bankruptcy court by Mandy and Bryan DuBois serves to impeach their credibility as witnesses against Baumgartner, virtually destroying the government's contrived case against her in both Erie and Cuyahoga Counties. The filings and subsequent testimony under oath at creditors' hearings may also subject both of the DuBoises to federal charges and the revocation of Bryan DuBois' diversion.

On June 8, the couple filed a Chapter 7 petition in U.S. Bankruptcy Court. Not only did they forget to declare their ownership interest in Erie Voices and Arbor Group, the company which owns Erie Voices, but they forgot to list company assets such as computers and printers and the intellectual property, copyrighted work which had been published at Erie Voices.

The couple filed an amended petition in July, declaring their ownership interest in Erie Voices, but claiming it had no value.

The petition also indicates that the couple secured a $92,000 mortgage in January which they are now trying to discharge under bankruptcy, raising questions about the credibility and integrity of the information submitted on the loan application.

More significantly, it appears that government witness and informant Mandy DuBois, failed to disclose income to the federal court, neglecting to list employment with Erie County, employment which Baxter and Kasaris may have had a role in securing for her.

In reporting her income on petition for bankruptcy, Mandy DuBois listed only her employment as a home instruction tutor with the Sandusky City School District.

But The North Country Gazette has learned that effective May 22, just weeks before her sworn filing with the federal court, Mandy DuBois became employed as a sanitarian with the Erie County Health Department.

According to state licensing records, she obtained a sanitarian in training license on April 19, a license which expires on July 31, 2007. NCG was able to verify her employment status.

If it can be established that Kasaris and Baxter aided and abetted the DuBoises in their alleged fraud of the bankruptcy court, or had knowledge of it, the prosecutors themselves may be answering questions posed by federal prosecutors and the U.S. Department of Justice.

Was the employment with Erie County a payoff by Baxter in exchange for the DuBoises' testimony against Baumgartner? Did the Erie County prosecutor's office know that Mandy DuBois was employed by the county? Did the prosecutor's office know that the couple had failed to disclose the income derived from the county in their bankruptcy petition filed with the federal court?

After learning of the contrived and overreaching attempt to revoke her bond and incarcerate her for attending a courtroom proceeding, Baumgartner faxed a letter to Judge Knepper and others Thursday night for what she described as "ongoing efforts to incarcerate me for exposing case fixing in state and federal courts in Ohio".

"Tomorrow (Friday, Aug. 18) at 9 a.m. there's an effort to revoke my bond for appearing at a creditor's meeting to expose alleged bankruptcy fraud by the government's witnesses, Mandy and Bryan DuBois. "June Maxam reports at www.northcountrygazette.org that Mandy and Bryan DuBois have allegedly committed fraud on the U.S. bankruptcy Court and that it appears Erie and Cuyahoga County prosecutors colluded in those crimes. The letter also discloses what Baumgartner says constitutes additional evidence of the involvement of court officials in protecting a drug and child sexual abuse ring involving law enforcement and court officers active in Erie and Ottawa Counties. She says it includes the alleged coverup of murder to protect the ring.

"I am faxing this letter to many people this evening including the FBI in Toledo, Cleveland and the U.S. Department of justice Public integrity section", Baumgartner said. "I ask that people call the Cleveland FBI's media representative Special Agent Scott Wilson inquiring about this case".

The letter by Elsebeth and Joseph Baumgartner follows:

Dear Judge Knepper:

"On Aug. 15, 2006, Captain Sams of Sandusky Police referred us to top FBI officials concerning alleged federal crimes committed by Mandy and Bryan DuBois, Attorney Jay Milano, Prosecutors Daniel Kasaris and Kevin Baxter and Judges Tone and Binette.

"Our complaint had been originally filed on March 11, 2006 with the FBI's cyber crime division and assigned to Captain Sams for initial inquiry concerning alleged extortion, intimidation and theft of intellectual property by Mandy DuBois and others. This report was made the day after the March 10, 2006 hearing in Erie County Common Pleas Court wherein Dan Kasaris asked for a non-contact order in order to protect the crimes committed by Mandy and Bryan DuBois against us.

"Since our initial report we forwarded evidence of internet harassment including death threats and porn site links traced to the office of the Cuyahoga County prosecutor. Another defendant in Cuyahoga County has complained that Dan Kasaris is allegedly sexually harassing his ex-wife and girlfriend via the internet. Moreover, we furnished proof that Judges Tone and Binette were allegedly interfering with United States mail in order to protect drug abuse and sex crimes by court and or police officers by obstructing investigations.

"Today, we received by U.S. mail, an entry setting a pretrial in Case no 05CR257 for Aug. 18, 2006 at 9 a.m. This entry was improperly signed by Judge Tone for you (Judge Knepper). It was filed with the Court on Aug. 11, 2006 but not mailed until Aug. 16, 2006. We also received a Motion to Revoke Bond filed by Dan Kasaris dated Aug. 11, 2006 but also not mailed until Aug. 15, 2006 so that we would be unaware of the document Mr. Kasaris also falsely certifies to the court that he sent a copy of this motion by email to Elsebeth's most recent email address. She did not receive this by email and as you recall, she stated on June 1, 2006 that Dan Kasaris was the only possible source for an email based computer virus that crashed our home computer on May 31, 2006 just prior to hearing. She still uses that email address.

"On Aug. 16, 2006, we retained Attorney Loretta Riddle of the law firm of Donald Harris of Sandusky, Ohio to defend Elsebeth Baumgartner. Ms. Riddle will be filing a Conditional Notice of Appearance in the case. However, given the fact that notice of this pre-trial hearing was not received until after business hours today, there is no way to advise her of tomorrow's pre-trial.

"Also on Aug. 16, 2006 the North Country Gazette published at www.northcountrygazette.org proof that Mandy and Bryan DuBois failed to disclose employment with Erie County in their United States Bankruptcy Chapter 7 case. The reporter speculates that Erie County prosecutor Kevin Baxter and special prosecutor Dan Kasaris rewarded Mandy DuBois with a government job in appreciation for assisting in fabricating criminal cases against me and shutting down www.erievoices.com which published proof of case fixing via manipulation of judicial and prosecutor appointments.

"You will recall that the issue of Mr. Kasaris' alleged involvement in perpetuating a fraud by the DuBoises on the U.S. Bankruptcy Court on July 17, 2006 at the competency hearing before a large audience of concerned citizens. It was pointed out that Mr. Kasaris knew that www.erievoices.com was owned by Arbor Group LLC because he included Ohio Secretary of State documents signed by Bryan DuBois and Elsebeth Baumgartner registering the company as doing business as Erie Voices as part of discovery in the Cuyahoga County case 470184. This asset had not been disclosed in the initial filing but was disclosed on July 25, 2006 just before a Creditors' Meeting on July 26, 2006. However, the DuBoises failed to disclose the considerable intellectual property value associated with the copyright and all the company equipment they retained and or destroyed estimated in excess of $60,000.

"Now, Mr. Kasaris is asking the court to revoke Elsebeth's bond for appearing at the Creditors' meeting on July 26, 2006 to question Mr. and Mrs. DuBois about their readily provable fraudulent Bankruptcy Petition by which they seek to defraud our family of over $60,000 and obstruct Elsebeth's ability to defend herself by concealing assets of Arbor Group LLC, to wit the website www.erievoices.com and its contents. In addition to failing to disclose employment with Erie County and assets associated with Arbor Group LLC, DuBois income for 2005 was allegedly underreported by almost $20,000 and valuable assets such as guns and musical instruments were allegedly not declared.

"Further, several debts were falsely characterized including the KIA Sportage which is the vehicle Elsebeth allegedly stole. The DuBoises did not disclose that we made the down payment on the car and all payments including payments in February 2006 because this was an Arbor Group LLC vehicle. In fact, Bryan DuBois publicly and repeatedly stated on www.erievoices.com that Kasaris was wrong to indict Elsebeth for stealing our company car because nobody had ever complained it was stolen.

"In short, the statements made by Elsebeth on March 10, 2006 in the transcript provided to the court by Mr. Kasaris concerning alleged federal crimes committed by Mandy and Bryan DuBois with the assistance of Attorneys Milano and Kasaris are now proven to be true. It would also appear that Bryan DuBois has violated his diversion agreement with Cuyahoga County in case number 470184B. Accordingly this letter is copied to U.S. Bankruptcy Judge Richard Speer, the US Trustee, Toledo FBI, attorneys for defrauded creditors in the DuBois Bankruptcy case, Judge Shirley Strickland Saffold of Cuyahoga County Common Pleas Court and Mr. DuBois's probation officer.

"Mr. Kasaris also includes several motions filed in State v Elizabeth Ohlemacher, a case to which you were also hand picked by Judge Tygh Tone claiming Elsebeth is practicing law without a license simply because she acted as an investigator typist and courier for Ms. Ohlemacher who is allegedly being woefully underrepresented by Erie County Public defender Richard Garrand and her paid attorney Jack Kirwan.

"Interestingly, Ms. Ohlemacher claims that she was sexually abused at the age of 15 years by Perkins Police Officer Jenkins and that she and Erie County prosecutor Kevin Baxter allegedly had a sexual relationship. Officer Jenkins is the same officer who was involved in the alleged coverup of the murder of Elsebeth's former client Susan Matthes mother Darlene Matthes in 1997.

"You will recall, because you were assigned Elsebeth's appeal, that Elsebeth was convicted of falsification in 2002 for requesting the Matthes case be reopened and suggesting that Erie County prosecutor Kevin Baxter and Perkins police were involved in a cover up of that alleged murder. Susan Matthes claimed that her mother was murdered because she was about to blow the whistle on a law enforcement drug and child abuse ring active in Erie and Ottawa counties. (Martin Matthes, ex-husband of Darlene and father of Susan, was a former Ottawa County Deputy Sheriff allegedly involved in child sexual abuse) Given that Jenkins now stands accused by Elizabeth Ohlemacher of using his office to have sex with her at the age of 15 years and that she has knowledge of law enforcement and court officers involvement in alleged illegal activity including alleged drug activity, it stands to reason that Jenkins had plenty of reasons to coverup the murder of Darlene Matthes and testify falsely at Elsebeth's trial in 2002.

"Remarkably, Kasaris' star witness Bryan DuBois has published on his current website www.erievoices.blogspot.com a video which allegedly proves that Kevin Baxter and this court does in fact protect sexual abuse by white male public officials and that special prosecutors and retired visiting judges are allegedly used in that process just as Elsebeth asserted in the secret pre-trial of June 1, 2006. The transcript from that hearing clearly reveals that Elsebeth raised the issue that she was wrongly prosecuted because she exposed Kevin Baxter's alleged sexual abuse of Krista Harris and Dan Kasaris' involvement in under-prosecuting former Erie County Commissioner Harold Butcher for stalking a 14 year old black girl for sex. Ironically, this court gave Elsebeth 45 days of felony incarceration for reporting these injustices while Harold Butcher received 30 days house arrest at the urging of Dan Kasaris from retired visiting judge Lawrence Grey, the same judge who gave Krista Harris five years for a white collar crime after calling her a "black bitch" on the record.

"The video at Erie Voices reports on the sentencing hearing in the recent case of State of Ohio v former Sandusky Police Officer James Fitzpatrick wherein the victim claims she was repeatedly raped at a Sandusky Police substation at the age of 15 years of age . However, this case was never presented to a grand jury. Instead, Judges Tone and Binette along with Kevin Baxter ensured that the case would be covered up by appointing a special prosecutor to under-prosecute the case by Information. A retired visiting judge was then brought in to give this child rapist a sentence of three years. Undoubtedly James Fitzpatrick unlike Elizabeth Ohlemacher will be granted judicial release after a few months.

"Thursday's Sandusky Register reports that Elizabeth Ohlemacher claims "Baumgartner is with us" in a letter to Erie County prosecutor Kevin Baxter dated June 11, 2006. Elsebeth was in fact with Elizabeth Ohlemacher because they were incarcerated together in the Erie County jail. During this time they communicated extensively and Elizabeth shared her knowledge of corrupt activity involving Kevin Baxter and other Erie County court officers.

"For example Elizabeth disclosed that Judge Tygh Tone allegedly harassed her and sat in on her hearings just as he did in Elsebeth's case on June 1, 2006 despite admitted conflicts of interest. She disclosed that Judge Tygh Tone's former law partner allegedly used cocaine extensively, that Tygh Tone reportedly knows it. Elizabeth explained how Judge Tone hand selected you for her case just like he did in Elsebeth's case and that Judge Binette allegedly refused to inquire into the alleged misconduct just as he refused to do in Elsebeth's case. She explained as in Elsebeth's case, Judge Tone continues to act as judge signing documents for you.

"Once Elsebeth was released, she decided to review Elizabeth's case and found that as in her case, Detective Proskowski was not objectively investigating matters but allegedly fabricating evidence of non-existent crimes in order to target a threat to law enforcement and court officers such as herself that abuse their offices for personal sexual satisfaction and or drug abuse.

"Thus, Elizabeth Ohlemacher's motions attached to Mr. Kasaris's Motion to Revoke Bond irrefutably prove Elsebeth's allegations that Erie County prosecutor Kevin Baxter and Judges Tone and Binette are allegedly actively involved in protecting sex and drug abuse among court and law enforcement officers.

"The undersigned consider themselves witnesses in a federal investigation of corrupt activity in the courts and prosecutors' offices of Cuyahoga and Erie Counties and bankruptcy fraud in the United States Bankruptcy Court for the Northern District of Ohio.

Mr. DuBois also claims to be employed on his website, though he didn't disclose this employment to the bankruptcy court. (See entry dated August 9, 2006 criticizing Detectives Prosowski and Volz in the Fitzpatrick case.

Very truly yours,
Joseph Baumgartner
Elsebeth Baumgartner

© 2006 North Country Gazette