Originally Posted - January 1, 2007

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OTTAWA COUNTY----Looks like Ottawa County Sheriff Robert Bratton and Bay View Chief of Police Helen Prosowski may be headed back to school in northern Ohio.

A new public records bill was signed into law last week by outgoing Ohio Gov. Bob Taft which requires that all public officials or their designees attend training programs and seminars about Ohio's public records law.

Both Bratton and Prosowski have demonstrated either their lack of knowledge about the public records law or else their intentional failure to comply.


Additionally, Bratton seems to have a credibility problem and has made some provable false written statements regarding the May, 2005 arrest of Dr. Elsebeth Baumgartner.

The public has a right to have a sheriff in office that not only complies with the laws of the state but doesn't make statements he knows to be false.

Dr. Baumgartner, former Oak Harbor attorney and pharmacist who blew the whistle on alleged case fixing and other alleged corruption in northern Ohio involving the courts, prosecutors and defense attorneys, is scheduled to go to trial this month in Erie County on charges of grand theft auto, resisting arrest and felony fleeing as the result of the execution of an arrest warrant by Bay View Police on May 20, 2005.

So far, no one will produce a copy of the purported arrest warrant which Bratton himself has admitted is questionably defective. It is well established in law if the underlying warrant used to effect an arrest is defective and void, the resulting charges must be dismissed.

Although at least three police agencies were involved in a pursuit of Baumgartner on May 20, 2005, as the result of actions by Bratton and an arrest warrant he says was active in his department's computer, although the warrant is clearly exculpatory evidence, not even Baumgartner or her attorneys have been provided a copy of the purported warrant.

Although it appears that the Constitution has been suspended in all matters concerning Baumgartner, it is well held that the government's withholding of exculpatory evidence in a case is what's known as a Brady violation, a denial of Fifth Amendment rights.

There are three essential components of a true Brady violation: the evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; that evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued.

The arrest warrant at issue is key evidence which so far special prosecutor Daniel Kasaris has refused to produce because without a valid arrest warrant to be executed causing Baumgartner to be detained, the arrest effected would be void.

And then there's another problem.

It has long been claimed that the arrest warrant issued for Baumgartner was for an alleged probation violation in Ottawa County Municipal Court.

However, according to the official police report signed by Chief Helen Prosowski of the arresting police agency, "the warrant issued for Elsebeth was for failure to appear".

Which is it, a probation violation or failure to appear? And where is it?

And what's this first name familiarity with the defendant by Prosowski?

Prosowski's report also serves to bring Bratton's credibility into even further question as her official report says that the complaint type is to "assist Ottawa County with service of warrant" and lists the complainant in the matter as "Ottawa County Sheriff", aka Robert Bratton.

But yet in a letter to The North Country Gazette dated Nov. 2, in response to a public records request, Bratton stated "in order to set the record straight, on May 20, 2005, when Mrs. Baumgartner was pursued, that action had nothing to do with the Ottawa County Sheriff's Office".

Sheriff Bratton's statement is contradicted by the official report of the arresting agency. It's not professional for a sheriff to make false statements, especially false written statements which are easily contradicted by official documents.

Prosowski's narrative in the arrest report says that "Ofc. Jeff Warner received a call from the Erie County Sheriff's department reference an outstanding warrant for Elsebeth Baumgartner. It was learned that Ottawa County Sheriff's department received information that Elsebeth was at Terry's Tavern. The warrant issued for Elsebeth was for failure to appear. After learning of the information, it was determined that this officer, (Prosowski) Ofc. Wagner and Ofc. Adkins would respond to Terry's Tavern. Captain Lochotzki who was off duty stated he would respond to Terry's should we need further assistance. Captain Lochotszki did respond in his personal vehicle.

The report states that "Elsebeth" was told there was a warrant for her arrest and placed under arrest. However, there is no indication that Bay View Police and Prosowski produced a copy of the warrant nor is there a copy of the warrant attached to the arrest report.

The report indicates that ultimately police began a pursuit of Baumgartner, including one police officer giving chase in his private vehicle. The pursuit of a person in an unmarked, non-police vehicle would seem to be endangering the public safety.

Although NCG has requested a copy of Bay View's pursuit policy, so far Prosowski has not produced it which seemingly indicates one doesn't exist.

For the past 18 months, assistant Cuyahoga County prosecutor Daniel Kasaris, acting as a special prosecutor in the Erie County grand theft charges against Baumgartner, has acknowledged privately that legally there is no basis for the grand theft charge but yet he continues the prosecution of that charge, refusing to withdraw it which would seemingly constitute prosecutorial misconduct.

The registered owner of the vehicle, Bryan DuBois, Baumgartner's former business partner in Arbor Group LLC which produced the blog Erie Voices which focused on reporting government corruption, had not made any complaint and there was no complainant to appear before a grand jury to secure an indictment against Baumgartner. When DuBois defaulted on payment, the finance company sought payment from Baumgartner, acknowledging her ownership interest in the vehicle.

Baumgartner's attorney has filed for an order suppressing all evidence obtained against Baumgartner as a result of the sham warrant and moved to dismiss the charges on the grounds that officers and/or agents of the Bay View Police Department, Ottawa County Sheriff's office, Erie County Sheriff's Office and the Ohio Highway Patrol unlawfully detained her pursuant to an unlawfully issued bench warrant and without observing any conduct which would lead them to conclude that criminal activity may have occurred or that she was armed and dangerous.

Baumgartner had the keys to the corporate vehicle and was seated in it on private property last May 20, waiting for DuBois who was using the restroom.

Subsequently, Chief Helen Proskowski of Bay View Police approached her vehicle and advised she had a warrant for Baumgartner's arrest but she couldn't produce it. It was later learned that Chief Proskowski was seeking to arrest Baumgartner at the express instructions of Ottawa County Sheriff Robert Bratton on an allegedly defective bench warrant from the Ottawa County Municipal Court.

On Nov. 23, 2004, Sandusky Municipal Court Judge Erich O'Brien had dismissed all charges against Dr. Baumgartner which purportedly formed the basis for the issuance of the bench warrant for an alleged probation violation in Ottawa County Municipal Court. Without the underlying charges dismissed, there could be no probation in effect, thus no probation to violate.

After Baumgartner was arrested on May 20, she was held in Ottawa County jail without bond or hearing until May 25. At the hearing, Visiting Judge John Adkins admitted on the record that there was no charging document and when she refused to admit to an uncharged probation violation, Judge Adkins claimed he was the complaining witness and ordered her to be held without bond or formal charge.

Ottawa County Municipal Court bailiff/probation officer Jody Roster then served her with notice of charged probation violation last May 27, however, Prosowski's report of May 20, 2005, claims that the arrest warrant on which she based Baumgartner's arrest was for "failure to appear".

Prosowski's arrest report indicates that one of the Bay View officers, Brandi Adkins, had drawn her ASP baton and was threatening to break the window of the vehicle in which Baumgartner was seated. It is still unclear if the police officer is related to Judge Adkins who had issued the warrant.

Last June 1, Baumgartner admitted in court that she violated her purported probation by leaving the state of Ohio without permission and not advising her probation officer of her new address. She was released on renewed probation which was extended to five years.

The probation stems from a 2001 arrest and conviction for falsification after Baumgartner spoke at a public city Port Clinton city council meeting, criticizing Erie County prosecutor Kevin Baxter. A long-time friend of Baxter filed a complaint against Baumgartner, claiming she had made a false verbal statement against Baxter.

But instead of Baxter bringing a defamation action against her, he used his office to charge her criminally.

She was conviction of misdemeanor falsification after Baxter's office prosecuted the case and she served 244 days in jail before being placed on probation.

Upon Baumgartenr's restoration to probation on June 1, Proskowski appeared at the Ottawa County detention facility and placed Baumgartner under arrest for charges filed May 20 of failing to comply with an order of an officer and resisting arrest that were never served upon her.

Baumgartner says that Proskowski had cuffed her behind her back and 10 minutes after leaving the Ottawa County Jail, Proskowski pulled the patrol car to the side of the road and said, "Let's have a little chat". Baumgartner told her she felt very uncomfortable, that Proskowski needed to advise her of the charges against her and needed to read her her rights.

Baumgartner says that when she made it clear she was discussing nothing with Proskowski, she was eventually transported to the Erie County jail where she posted $15,800 bond and was released.

NCG had also submitted a public records request to the Ohio Highway Patrol for copies of any records pertaining to the pursuit of Baumgartner but the state agency refused to produce, saying that the case was still pending.

According to Ohio Law, arrest reports are available on demand to any member of the public. Absent an express statutory exemption, records are open to the public. http://www.rcfp.org/ogg/index.php?op=browse&state=OH

It appears that under the new public records law, officials from OHP will also have to attend seminars regarding to public information. Under the new law, all elected offices must adopt a public records policy and provide an explanation when a request for public records is denied.

Prosowski has provided no explanation why she has not produced either a copy of the arrest warrant or the department's pursuit and arrest warrant policy.

Bratton claims that he has no copy of the warrant although at the same time he states in writing that the warrant had been entered into the department's database.

There is no appeal procedure available in cases such as the Prosowski and Bratton non-compliance with public records law. Instead, Bratton has brazenly stated to take the matter up with Mark Mulligan, Ottawa County prosecutor who Bratton says represents his department.

The new law is a result of a statewide public records audit done by media organizations that showed that only 52% of public records requests were being fulfilled.

Bratton had stated in his November, 2006 letter in response to the NCG records request that his agency had "been tested by various news media throughout the State of Ohio and has been found to be exceptional with regard to the provision of information to media outlets". He provided no substantiation for his claim. His statements made in his response were found to be untrue in regard to his involvement in the case and he has still not provide either a copy of the arrest warrant. http://www.northcountrygazette.org/documents/publicrecords.pdf

Not only did Bratton falsely state that his office had no role in Baumgartner's pursuit and arrest, but he falsely stated that the pursuit and resulting arrest was by the Erie County Sheriff's Department.

Although Bratton claims that he received a phone call in regard to the purported warrant for Baumgartner and her whereabouts, Bratton claims that he can't recall who the individual was even though he apparently received the call at home as he can't produce a copy of a dispatcher's tape or radio log from the police agency.

It's common knowledge that the anonymous "tipster" was the jealous wife of Bryan DuBois, Mandy.

Although Baumgartner was incarcerated in the Ottawa County detention facility for seven days without any charges having been lodged or without arraignment or hearing, Bratton claims there's no incident reports pertaining to her incarceration, something akin to the "Gulag". State law would seem to prohibit holding someone in jail for 13 days without a hearing, without arraignment, without lodging formal charges against them and in the absence of legal counsel.

Bratton has previously acknowledged the ongoing questions about the validity of the warrant, stating to the Port Clinton News Herald after Baumgartner's arrest that "It doesn't matter if that was a good warrant or a bad warrant". http://erievoicestoo.blogspot.com

After Bratton's comment was published, Prosowski, who is a full time detective with the Sandusky Police Department, stated that Bratton "must've been misquoted" when he made the statement. "I mean, we don't go around serving bad warrants".

Baumgartner is currently incarcerated in the Ottawa County Jail, having been sentenced to serve 120 days by visiting judge David Faulkner who found her guilty of 27 counts of contempt on complaint of retired visiting judge Richard Markus.

In December, Cuyahoga County Common Pleas Court Judge Shirley Strickland Saffold sentenced Baumgartner to 8 years in state prison after Baumgartner pleaded no contest to multiple counts of intimidation and retaliation on complaint of Markus and her former business partner, DuBois.

DuBois had initially been indicted with Baumgartner for allegedly intimidating Markus by sending him emails and for the alleged extortion of a member of the Benton-Carroll-Salem board of education. DuBois avoided jail time and had his case closed out without jail time in December after he agreed to testify against Baumgartner. His case file has been sealed from public view.

Baumgartner had pleaded no contest with the condition that she would be given an appellate bond that would allow her to remain free during the appeal process so she could assist in the preparation of the appeal.

However, she has been incarcerated in Ottawa County on the contempt charges since late November and has been denied an appellate bond in those misdemeanor charges which is hindering her appeal in the Cuyahoga County case.

In virtually an unheard of situation, Markus, as the complainant against her, allegedly wrote the conditions imposed against her. 1-1-07

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