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Erie Voices is back!!!
Sort of.
Selected portions of the former blog are at http://erievoicestoo.blogspot.com.
That blog that focused  of governmental wrongdoing and judicial tyranny in northern Ohio was taken off the Internet earlier this year when former Marine Bryan DuBois (left) apparently yielded to the pressure of government officials and turned against his former business associate, Elsebeth Baumgartner (right).
In May, 2005, Baumgartner was charged with grand theft auto, without a complainant, and felony fleeing.
 Shortly thereafter, Baumgartner and DuBois were charged in a secret indictment with intimidating retired visiting judge Richard Markus. DuBois was also charged with extortion in connection with passing a note during a trial to school official Charles Burns, alleging that Burns had committed perjury during a court proceeding and that he was going to expose it.
 Cuyahoga County assistant prosecuting attorney Daniel Kasaris who also serves as a special prosecutor against Baumgartner in Erie County, acted as the prosecutor in the charges against DuBois and Baumgartner.
It had seemed transparent that the main focus of the charges against both Baumgartner and DuBois were to stifle their speech and press, to engage in a prior restraint and to quell the voice of Erie Voices.
At a hearing last fall for DuBois, Kasaris reportedly made an offer that he would drop the felony charges against DuBois to a misdemeanor level if DuBois would agree to three things:
1) Stop writing on www.erievoices.com because it "has obviously been taken over by Elsebeth Baumgartner".
2) Not associate with Elsebeth Baumgartner for the duration of his probation which could be up to five years and
3) To make a statement regarding Elsebeth Baumgartner's influence in his writing of the email to Judge Markus on 11.29.2004.
Although DuBois initially made a show online of blowing off Kasaris, eventually
he essentially agreed to Kasaris' demands, sold Baumgartner out in exchange for a favorable deal for himself, agreed to testify against her and removed the website.
He and his wife, Mandy, who had reportedly been a confidential informant against Baumgartner and was the cause of her arrest in Erie County on the grand theft/fleeing charges, signed an affidavit against Baumgartner which caused a search warrant to be executed at her home and resulted in the seizure of her computers, all of her defense work, privileged attorney-client communications and evidence of corruption of various officials in northern Ohio.
Now threats to "shut down" The North Country Gazette have been posted on a blog under the screen name of "Winston" which links directly to the website of Cuyahoga County.
The posting on a blog called Rantings of a Sandmonkey at www.sandmonkey.org in relation to freeing bloggers who had been jailed overseas for their expression of free speech said:
Winston Says:
November 25th, 2006 at 2:16 pm
This crap is Bush league. In America, Cuyahoga County, Ohio prosecutors were able to incarcerate two bloggers for exposing case fixing in courts and shut down the website www.erievoices.com which published evidence of corruption running to the US justice department. Got the ex Marine blogger under control quickly. But the other one, Dr. Elsebeth Baumgartner is a real pain in the ass and professed Christian to boot who as an attorney used to represent Muslims and blacks for free. Held her in the hole for 10 days without charge until the bleeding heart warden made us move her to regular custody. Finally got the bitch to plead no contest and she faces over 75 years in prison. Now just have to shut down www.northcountrygazette.org.
Erievoicestoo gives a detailed accounting and first hand views of Baumgartner and DuBois about the charges against them.
Baumgartner is currently incarcerated at the Ottawa County Detention Facility after being sentenced to 120 days for criticizing Markus in court proceedings and via e-mails. She has also pleaded no contest to the intimidation charges in Cuyahoga County and faces up to 80 years in prison when she is sentenced on Dec. 18.
DuBois had become interested in the Baumgartner case in mid-2004 and after he interviewed her in August 2004, he began devoting a great deal of the website to her case and causes. Thereafter, Erie Voices was restructured under Arbor Group LLC with Baumgartner and DuBois as the principals with Baumgartner providing the financial backing.
The day after  DuBois as editor of Ohio's Erie Voices sent an email to the Cuyahoga County Commissioners in July, 2005 detailing how Cuyahoga County prosecutor Bill Mason and Erie County prosecutor Kevin Baxter were allegedly exchanging "special prosecutor" appointments on political cases, DuBois and Baumgartner were arrested as the result of a secret indictment and charged with the intimidation of Markus.
Kasaris indicted Baumgartner and DuBois one day after DuBois filed a grievance against Kasaris and retired visiting judge Markus with the Cuyahoga County Bar Association. Kasaris is now prosecuting the Erie Voices writers and Markus is the complainant in the case, alleging that DuBois and Baumgartner intimidated him with an email on the eve of a civil trial at which Baumgartner was the defendant.
As a result of the July, 2005 indictment, Baumgartner faced 10 counts of intimidation and three counts of retaliation, third-degree felonies, and one count of possession of criminal tools, a fifth-degree felony.
After she pleaded no contest with the guarantee to be freed on an appellate bond while she appeals, Markus, who has shown himself to be pompous and egotistical, told the Cleveland Plain Dealer that he hadn't been intimidated by Baumgartner.
DuBois had faced one count of extortion, two counts of intimidation, one count of retaliation, all third-degree felonies, and one count of possession of criminal tools, a fifth-degree felony.
It is alleged that the pair used emails to intimidate and threaten Markus, a judge who had presided in cases involving Baumgartner. In fact, it is alleged that one "threatening email" to Markus was sent in November, 2004, prior to him presiding over the libel trial against Baumgartner, Kasaris said that some of the charges against DuBois stemmed from an email that he allegedly sent to Markus before the libel trial began against Baumgartner. Kasaris labeled the email threatening and said that while it didn't threaten bodily harm, it threatened the judge's reputation and on the basis of that, he lodged a charge of extortion against DuBois.
 ErieVoicestoo provides first hand accounts of the chase and arrest of Baumgartner in May 2005 after Ottawa County sheriff Robert Bratton claimed that he had received a tip that Baumgartner was at an Erie County restaurant with DuBois. Baumgartner was supposedly wanted on a warrant for an alleged probation violation.
Bratton maintains that he had the warrant entered in the database of the Ottawa County Sheriff's Department but claims he doesn't have a copy and has refused to produce documents requested by the North Country Gazette pursuant to a public records request. Bratton also maintains that he can't remember who the tipster was but maintains that the person called him at home rather than calling the sheriff's department.
Although Ohio state law requires Bratton to produce the arrest records and jail records of Baumgartner's arrest in May 2005, he maintains none exist. Although she was held in the Ottawa County Jail without a hearing for more than two weeks, Bratton continues to maintain that the Ottawa County sheriff's department has no documents and records pursuant to Baumgartner's arrest and incarceration.
Baumgartner asserts that a bench warrant used to arrest her on was illegal because the charges were not sworn out as required by Ohio law and that the arrest in Erie County that triggered the bench warrant is moot because the underlying misdemeanor charges filed in Sandusky Municipal Court had been dismissed. Records show that the charges were dismissed in November of 2004 by Sandusky Municipal Judge Erich O'Brien.
Bratton has also refused to provide copies of his department's policy for arrest warrants and for the pursuit policy. Although Bratton indicated that he would provide a copy of the agency's pursuit policy on request, once the request was registered, Bratton reneged.
Baumgartner has long insisted that the warrant used to effect her arrest was defective and erievoicestoo carries statements by Bratton in regard to the warrant. The Port Clinton News Herald reported that when Bratton was asked about the legitimacy of the warrant, he stated that it didn't matter if the warrant was good or bad because Baumgartner had created new charges when "fleeing."
Bay View Police Chief Helen Prosowski stated that Ottawa County Sheriff Bob Bratton "must've been misquoted" when he made that statement. "I mean, we don't go around serving bad warrants."
"We have to be able to rely on what we're told." Prosowski said several days after Baumgartner's arrest upon questioning the legitimacy of the bench warrant used to arrest government critic Baumgartner, Prosowski stressed that her department followed the law during the arrest of Baumgartner at Terry's Tavern in Bay View.
Bratton had committed the resources of four law enforcement agencies in order to arrest Dr. Baumgartner on alleged nonviolent misdemeanor probation violations. Bratton personally "expanded" the sham warrant without judicial authority with specific knowledge of improper court procedures regarding bench warrant.
This is from Erievoicestoo:
"Dr. Baumgartner blew the whistle on Erie County Prosecutor Kevin Baxter after a woman who he allegedly raped (she says he threatened her with criminal charges in order to have sex with her) sought Baumgartner out in Oak Harbor for representation. That woman's name is Krista Harris. Ohio Senator Ben Espy encouraged Harris to contact Baumgartner because it was common knowledge that Baumgartner vigorously defended people's rights. As soon as Baumgartner took a stand, Baxter had Baumgartner criminally charged for "falsification" when she stood up in her capacity as an attorney at law in a public meeting in Port Clinton and asked that the Port Clinton City Council not do business with Kevin Baxter's company Island Express Boat Lines. Baumgartner eventually spent 231 days in jail for that "crime." Despite the fact that political speech is absolutely protected by the First Amendment, and Baumgartner had sworn affidavits in her hand of witnesses who alleged wrongdoing against Kevin Baxter, she was still convicted of "knowingly making a false statement" about Baxter.
"The alleged probation violation which Bratton used to cause her arrest in May 2005, according to court records, was when Baumgartner entered the Erie County Courthouse on Jan. 4, 2002, when Krista Harris was on trial. She claims that she was there to do legal research in the clerk's office but was arrested by two Erie County Sheriff's Deputies on orders from Visiting Judges Lawrence Grey and Donald Joseph Sweeney. Both judges presided over the Krista Harris case and it appeared that both judges were trying to prevent Baumgartner from attending the Harris trial. In other words, it appeared that the judges were attempting to railroad Harris, and the key to ensuring that outcome was to prevent Baumgartner from being near the situation.
"Harris was eventually sentenced to five years on theft charges. The entire prosecution is alleged to have been vindictive in nature and turned into a criminal matter when it should've been handled in civil court. (Baxter could control the case if Harris was criminally charged)"
The website also gives an eyewitness account from Byran DuBois of the incident at the restaurant last May, precipitated by Bratton's call to the Bay View Police Department.
"Tell her to open this door or I'm gonna break your window! Tell her! I'm gonna break your window!" an adrenalin pumped female cop screamed at the EV Editor. The female officer raised an expandable baton over her head as she threatened to shatter the driver's side window of the Editor's Kia Sportage outside of Terry's Tavern in Bay View.
"Baumgartner puts car in gear and drives off.
"Dust and stones flew as a male police officer tore off in pursuit of Baumgartner in his privately owned vehicle.
"GET HER! GET HER!" screams part time Bay View Police Chief Helen Prosowski.
Led by part time Bay View Police Chief Helen Prosowski, three assisting officers confronted Dr. Baumgartner as she sat in this writer's 2005 Kia Sportage outside of Terry's Tavern in Bay View Ohio.
"The officers were apparently "tipped off" by unknown persons (DuBois failed to disclose that the informant was his wife) that the most sought after woman in Ottawa County was inside Terry's Tavern. For those of your who must know: Dr. Baumgartner was enjoying chicken salad and chicken wings.
"After dinner, Baumgartner exited Terry's Tavern while the Editor used the john. When the Editor came out he proceeded to pay his bill, but was cut short by a slightly built blonde headed Bay View Robocop standing in the front doorway of Terry's holding handcuffs and shouting excitedly: "Who's Kia Sportage is this?! Who's Kia Sportage is this?!"
"With my wallet in my hand ready to pay the waitress, I said calmly, "It's mine. I'll be out in a few seconds." As if answering a life or death situation, the officer again raised his voice, "No! Get out here NOW!"
"I exited the building and asked Bay View Police Chief Helen Prosowski to have a private conversation a few yards away from the vehicle. The other officers swarmed over my vehicle.
"As the Chief and I conversed, one of the Bay View officers whipped out an ASP expandable Baton and warned me that she'd break my windows if I didn't get Baumgartner to exit the vehicle. I looked at Prosowski as if to say, "Why would you let your officer do that? Why would you want her to break my window?" I thought to myself, "If Baumgartner pulls away, you're just gonna chase her anyway, so why would you damage the vehicle and act like Robocops? It's not going to change anything…why escalate the already emotionally charged situation with force?"
"But the police officer Groupthink took over.
"The cop kept motioning that she'd bust the driver's side window with her ASP, and apparently the thought of being thoroughly abused by the legal system didn't appeal to Baumgartner so she put the vehicle in drive and left the scene. The Bay View cops - who probably don't do much more than write occasional speeding tickets in the downtown's 25 MPH zone - jumped at the chance to have a car pursuit.
"Prosowski screamed, "Get her! Get her!" as the cops raced to their cruiser and privately owned vehicle. On went the wailers and the lights. They tore off into the sunset.
"I walked back into Terry's and proceeded to answer questions and make phone calls.
"Baumgartner claims that the officer's weapons were drawn as they arrested her without incident. "Look at how much tax money they're wasting by going after me? They had over 5 cars going after me at one point!"
"I came to Huron County to get a hearing." She claims to have told the officers. One officer answered back, "You'll get a hearing in Ottawa County." Baumgartner retorted, "Officer, this is the point. I've been incarcerated for 75 days in Ottawa County with no hearing. I came to Huron to get away from the people who are abusing me - and now you guys are taking me right back and delivering me to them." The officer allegedly told her, "They can't do that." She reportedly answered, "tell that to [Ottawa County Prosecutor] Mark Mulligan."
After Baumgartner was arrested and being held in Ottawa County Jail although Bratton maintains his department had nothing to do with the arrest, DuBois was refused visitation with Baumgartner.
"DuBois was warned by two Ottawa County Corrections Officers in the lobby of the Detention Facility that the order barring DuBois' visitation was handed down by Ottawa County Sheriff Bob Bratton because criminal charges were being considered against DuBois for "harboring a fugitive."
"DuBois was advised to leave the premises and not return unless given personal permission by Sheriff Bratton.
"Of course Bob isn't going to call me back because they don't want me over there. The thought of 'Real Time Detention Center Blogging' scares them," DuBois said shortly after returning to his home in Sandusky. "What's next? A raid on my house to steal my computer? I guess these guys really are fascists." (How coincidental---as early as mid-2005 DuBois was already thinking about raiding a house to steal a computer)
"Baumgartner poked fun of the fact that she first got interested in the legal system when she was called as an expert witness on the interpretation of drug use symptoms in drug users during a drunk driving trial in Ottawa County in the early 90's.
"But as soon as I started talking about how Mark Mulligan and Kevin Baxter allegedly had substance abuse problems, and the fact that Krista Harris claimed that Kevin Baxter coerced her into sex with the threat of false criminal charges, my expert witness days went right out the window."
"Now suddenly I'm not 'credible." She laughed.
"Baumgartner asserts that she had been illegally arrested by the Ottawa County Sheriff's Department because her arrest was enabled by sham legal process. She claims that the Bay View Police told her that the warrant dated back to a January 2004 order entered by Visiting Judge John Adkins shortly after Baumgartner was arrested at the Erie County Courthouse on Jan. 4, 2004. The charges filed against Baumgartner for that incident were dropped in November of 2004, by the Sandusky Municipal Prosecutor. After attempting to file a motion to quash on the bench warrant, Visiting Judge John Adkins ordered that instead of filing the motion with the Ottawa Municipal Clerk's office Adkins ordered that the motion to quash be instead filed with the Ottawa County Sheriff's Department for "safe keeping."
More about the Baumgartner case can be read at ErieVoicestoo, the website that the government didn't want anyone to read. 12-01-06
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© 2006 North
Country Gazette
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