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ERIE COUNTY, OHIO---In June, Erie County Common Pleas Court Judge Roger E. Binette sentenced former Sandusky police officer James Fitzgerald to three years in prison after the ex-cop pleaded guilty to four felony counts of having sex with a minor.
Binette also sentenced Michael Brummet to nine years in prison in June for two counts of first-degree felony rape, second-degree felony illegal use of a minor in nudity-oriented material or performance and third-degree felony gross sexual imposition for the rape of a 15-year-old girl.
 Now his adopted brother Donald Binette, 41, of Wellington has been indicted with third degree felony gross sexual imposition for allegedly molesting a then 10-year-old girl on Sept. 16.
Binette is reportedly free on bond.
Roger Binette, Erie County administrative judge responsible for the assignment of judges in the county, has removed himself from the case and says that a prosecutor from outside of Erie County will handle his brother's sex case.
 As administrative judge, Binette is also the Erie County judge responsible for assigning a new judge to the case of Elsebeth Baumgartner for charges that she stole her own corporate vehicle, felony fleeing and motor vehicle charges.
 Although retired visiting judge Richard Knepper recused himself from the Erie County Baumgartner case first on Aug. 18 and then again on Aug. 21, after he revoked her bond in Erie County, to date Binette has refused to assign a new judge to the Baumgartner case so that a bond hearing can be held or motions can be filed in the case.
Meanwhile, she has been imprisoned since Aug. 21 without being charged.
The grand theft charge had been scheduled to proceed to trial on Sept. 5 but is apparently indefinitely postponed because Binette has refused to assign a judge to the case. Baumgartner remains incarcerated in the Erie County Jail where she has been since Aug. 21 when Knepper revoked her bond, saying that she was guilty of engaging in the unauthorized practice of law. However, Baumgartner has never been formally charged with the crime, there is no accusatory instrument. She has never been arraigned on the charge, has not appeared in court for hearing or trial and has not been represented by legal counsel in the matter.
Although the jail records initially showed no reason why Baumgartner was incarcerated at Erie County Jail from Aug. 21 until she was transferred to Cuyahoga County Jail on Sept. 11, now with her return to the Erie County Jail the records simply show "bond revocation". However, there is still no official reason for the bond revocation, done without hearing and without Baumgartner even being present in the courtroom or represented by counsel.
Although a petition for a writ of habeas corpus was filed with the Sixth District Court of Appeals nearly 10 days ago and by law, must be heard expeditiously, thus far the court has refused to hear arguments for her release on grounds that her constitutional right to due process has been violated.
In the past, the higher courts have refused to allow Baumgartner to file appeals or exercise her other Sixth Amendment rights, claiming that she is barred from doing so because Markus----her accuser---has labeled her a vexatious litigator, saying that her accusations of corruption against various officials are false. However, the matters have never been allowed to be heard and they've only been deemed false by the public officials whom she claim have engaged in wrongdoing. The Ohio vexatious litigator statute is applicable solely to civil matters and cannot usurp her right to appeal and counsel guaranteed by the Sixth Amendment.
 A warrant transferring Baumgartner from the Erie County facility to the Cuyahoga County Jail was signed last Friday by Judge McDonald, apparently the result of an ex parte request by assistant Cuyahoga County prosecutor Daniel Kasaris, special prosecutor in Baumgartner's Erie County charges.
Baumgartner says she has not been given a copy of the warrant. She says there was no signed commitment to incarcerate her in Erie County nor to return her to Cuyahoga or Erie County following her appearance before Saffold on Sept. 13.
Baumgartner was to have begun trial on Wednesday,   Sept. 13 on multiple counts of intimidation and retaliation on complaint of retired visiting judge Richard Markus (left). The prosecution had also been trying to join unrelated intimidation charges brought against Baumgartner on complaint of her former business partner and his wife but Cuyahoga County Common Pleas Court Judge Shirley Strickland Saffold (right) refused to do so.
Saffold and the prosecution were not prepared to proceed to trial as there was no jury pool present. Saffold had been adamant that she wanted to set a new trial date for Sept. 27 but Kasaris said he would not be available. She then set trial for Nov. 13.
With the prosecution not ready to proceed to trial, all time will count against Kasaris and the People for purposes of speedy trial rights. The clock has already run out on Kararis and Baumgartner's speedy trial rights violated in addition to being held in jail illegally.
Despite no order to do so and the fact that she has been found competent by evaluation seven times, Baumgartner was held in the mental health section of the Cuyahoga County Jail, incarcerated with unstable inmates who had been ruled mentally incompetent, her safety imperiled.
She had posted a $25,000 bond in Cuyahoga County on the pending charges last January, that bond remaining in effect. She said that 10 minutes after a fax was sent Friday to the chief judge stating the conditions under which she was being held, she was taken to a waiting vehicle and transferred back to Erie County Jail.
Baumgartner has long alleged that sexual wrongdoing involving police officers and prosecutors exists within the Erie County criminal justice system, the same system where the brother of the administrative judge who controls the assignments of judges to her cases has now been charged with sexual offenses.
The charges and actual evidence of sexual misconduct within the Erie County criminal justice system are compounding but instead of authorities opening an investigation into Baxter and others, an all out assault has been launched against Baumgartner for having blown the whistle on the alleged sexual activities in the ranks of the police and prosecutors, repeatedly piling retaliatory criminal charges upon her for the exercise of her free speech rights in having the courage to openly criticize and challenge Erie County prosecutor Kevin Baxter and others.
Former police officer Fitzgerald admitted his guilt, now he and other members of the Sandusky Police Department including Chief Helen Prosowski who is involved in the Baumgartner case, are the subject of a federal civil rights suit by Fitzgerald's victim.
Letters and cards can be sent to Baumgartner at the Erie County Jail, 2800 Columbus Ave., Sandusky, Ohio 44870 9-15-06
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© 2006 North
Country Gazette
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