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 OAK HARBOR, OHIO---Seven months after former Oak Harbor attorney Elsebeth Baumgartner was tried in Ottawa County on 34 contempt charges lodged against her by retiring visiting judge Richard Markus, visiting judge David Faulkner rendered his verdict, finding her guilty of 27 counts of contempt.
On Tuesday, Faulkner sentenced Baumgartner to 120 days in the Ottawa County Jail, denying a stay and appellate bond while she appeals his rulings.
She faced up to 30 days in jail and a $250 fine on each count.
The contempt charges had been prosecuted by Ottawa County prosecutor Mark Mulligan who has a well known conflict of interest involving Baumgartner and is currently the subject of a libel and defamation suit filed against him by Baumgartner with permission of Markus.
In essence, Baumgartner was found guilty of criticizing Markus in motion papers and in e-mails, actions which she maintains are constitutionally protected.
In his decision, Faulkner said that Baumgartner had claimed that her language "was nothing more than advocacy when the court failed to protect her rights and that as a citizen, she has a right to criticize the government and the administration of justice". Faulkner said "the court finds nothing in the record to support such contentions".
Although the trial had concluded in March, Faulkner took over seven months to render his guilty verdict, doing so just two weeks before Baumgartner was scheduled to begin trial in Cuyahoga County Common Pleas Court before Judge Shirley Strickland Saffold where she faced multiple counts of intimidation and retaliation brought on the complaint of Markus for allegedly sending intimidating e-mails to him.
After Baumgartner entered a no contest plea with the guarantee of an appellate bond at the time of her sentencing on Dec. 18, Markus told the Cleveland Plain Dealer that he hadn't been intimidated by the e-mail messages which told him that he fixes cases, is corrupt and a rent-a-judge.
Markus said that Baumgartner has "disrespected" the judiciary and says that it's not proper for Baumgartner to make comments in a matter to "try to demean and embarrass the judge and the court".
Faulkner had refused to define whether the contempt charges were criminal or civil in nature. He denied Baumgartner a jury trial, decreed that she had to represent herself in the matter and said that the civil standard of proof would be applicable rather than the criminal standard of beyond a reasonable doubt.
Markus testified that the charges were criminal because Dr. Baumgartner purportedly criticized him and sent him emails he said were designed to distract him and others from handling her court cases. Baumgartner had leveled accusations against other attorneys and governmental officials including drug use, bias and alleged corruption, some of which has already been borne out in other cases. 11-28-06
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© 2006 North
Country Gazette
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