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  OAK HARBOR---All drug charges against former attorney and pharmacist Elsebeth Baumgartner (left) were dismissed in Ottawa County Court Thursday and her husband, Joseph Baumgartner (right) entered a not guilty plea to a single drug possession count for allegedly having unlabeled prescription medicines in their home.
The indictment, which had been handed up three weeks before Dr. Baumgartner had been scheduled to begin trial in Cuyahoga County Common Pleas Court on charges of intimidation and retaliation, alleged that the Baumgartners had 16 different prescription drugs in their home including diet pills, flu medicines, penicillin and an undisclosed amount of the painkiller Vicodin. It was alleged that the total value of the drugs, although some of the prescriptions had expired as long ago as 1994, was approximately $1,800.
 The charges, one felony and 15 misdemeanors, were the result of a raid on the Baumgartner home in February after a search warrant was executed based on an affidavit of Dr. Baumgartner's former business associate, Bryan DuBois and his wife, Mandy.
The Baumgartners own the Medicine Shoppe in Pemberville where Joe is a licensed pharmacist. Elsebeth was also a licensed pharmacist until her license was revoked by Cuyahoga County Common Pleas Court Judge Shirley Strickland Saffold in 2005 in a highly questionable proceeding in which retired visiting judge Richard Markus, the complainant against Baumgartner while he was adjudicating civil matters against her, allegedly sent communications to Saffold about the matter.
Saffold later denied having presided over the proceeding and said she hadn't communicated with Markus in over 20 years.
Bryan DuBois had been a co-defendant with Dr. Baumgartner but had turned against her in January, taking a plea deal which gave him diversion with an agreement to testify against her at the Cuyahoga County trial.
She pleaded no contest to 15 felony counts of intimidation and retaliation before Saffold Wednesday, protecting her right to appeal and being a guaranteed an appellate bond while the appeals are proceeding through the higher courts. She faces up to 75 years in prison when sentenced on Dec. 18 before Judge Shirley Strickland Saffold. She remains free on bond and under probation supervision.
Dr. Baumgartner had been scheduled to be sentenced Friday, Nov. 17 on contempt charges lodged against her by retired visiting judge Richard Markus, however, sentencing has now been postponed until Nov. 28.
Baumgartner had been tried in Ottawa County before visiting judge David Faulkner on 34 contempt charges. Although she could face up to 30 days in jail on each count, she was denied a trial by jury. Seven months after the trial ended, and less than two weeks before the Cuyahoga County trial was to begin, Faulkner rendered his verdict, finding her guilty of 27 counts and acquitting her of six counts. 11-16-06
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© 2006 North
Country Gazette
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