Elsebeth
Baumgartner

Click here for a Summary of Ohio's "you play - (expose us) you pay" scheme by American Whistleblowers' League -- Chronicles of the Baumgartner Case

The Elsebeth Baumgartner Story
Drugs And Corruption At Our Door Step

Originally published Tuesday, December 14, 2004
by Sallie reporting on radio interview highlights

Elsebeth Baumgartner’s background was that of a Pharmacist from 1978 to 1994, when she and her husband ran a successful small-town drug store in NW Ohio. During this period she attended the University of Toledo, receiving her law degree in 1994 at the top of her class. She then went to work in the Biotech Transfer Field for major medical institutions and research groups…… only to stumble on one of the biggest rackets in the country: Steering of government contracts and government research.

While at Cleveland in 1999 Baumgartner decided to blow the whistle. Graft was pervasive and rampant all around her and she was unable to tolerate it any longer. But sounding the alarm has exposed her life to a process of total dismantling, in which she has been targeted for destruction by the Ohio legal mafia.

Ohio is headquarters of the legal industry, and is a leading industrial complex attracting major Law firms from all over the country. Five out of ten of the largest law firms in the world are located in Cleveland, where they are intimately involved in controlling government contracts and cash-flow, and in representing the world’s vested money interests.

While uncovering a conspiracy of corruption that came to be known as the Tied Grant fraud scheme, Baumgartner made the astounding discovery that all cases in the State of Ohio are subject to being fixed through manipulation by the Ohio State Attorney General’s office, where judges are appointed under the auspices of the Ohio Chief Justice. Special Prosecutors were appointed in the same way…… some times through local prosecutors’ offices.

In January, 2002 Baumgartner filed motions to expose case-fixing against whistle blowers in the Ohio counties of Cuyahoga, Erie and Ottawa along Lake Erie’s north shore. Within a week of her action in filing these motions the Ohio Supreme Court leveled accusations that she was a threat to public safety, stripping her of her Ohio law license and even denying her right to a hearing.

Although Ms. Baumgartner poses no actual threat to public safety- a ludicrous assertion from the beginning- the ruse that she poses a threat has been concocted by the Ohio legal mafia over their secret concerns that, given Baumgartner’s background in Pharmacology- coupled with her record in exposing the enormous drug trafficking and money laundering ring lead by the Chief Justice of Ohio and certain other major law firms in Cleveland…… the real threat she poses is obviously to them!

While serving as a biotech attorney Ms. Baumgartner uncovered and became intimately concerned with several technology transfers stemming from Case Reserve University School of Medicine, Cleveland. She discovered that there is a deeply entrenched criminal cabal within the Cleveland political-legal clique directly controlling deal-flow for government contracts. The trail of these unholy schemes, she found, leads into Gov. Taft’s office through his science advisor, Frank Samuel, who is not actually a scientist at all. When Baumgartner tried to blow the whistle on all this and even started unraveling corruption in Ohio law enforcement, which seems to especially thrive in rural areas of the state- things began happening in her own personal life at home- where she resides in a rural area 90 miles from Cleveland.

The law firm Squire, Sampson and Dempsey, Ms. Baumgartner discovered, seemed to play a pivotal role in the crime wave enveloping Ohio’s political and legal structure in connection with certain highly suspicious pharmaceutical-medical deals. She found multiple levels in which money crimes and massive fraud were commonplace, driven by state officials whose source of funding came from federal tax-payer dollars, elicited through lucrative federal government contracts. Yet the most startling aspect of all this to Baumgartner was her discovery of a role Charles Clark played as both senior partner to the above law firm and husband of Federal Court judge Leslie Brooks Wells, the jurist presiding over the Traficant case. Clark was in an ideal position to receive court-awarded contracts funneled to him by his wife, judge Wells.

Pending before Judge Wells since November 2001 has been evidence filed by Ms. Baumgartner in Cleveland Federal Court exposing the above fraudulently obtained government contracts and the criminal ring of corrupt county prosecutors who abetted in the making of them, including former county prosecutor-cum-Congresswoman Stephanie Tuft Jones, who is implicated in case-fixing to protect illegal drug trafficking, along with various other criminal activities in the northern district of Ohio.

The worst-kept secret in the Ohio Bar Association is that 30-35% of the legal profession is drug/alcohol addicted. Ottawa and Erie county prosecutors are known to suffer drug habits as asserted by eye witnesses who were present while these men were in the act of using controlled substances. Recently, more evidence has come forward indicating that the Cuyahoga County prosecutor is also involved.

Ms. Baumgartner found that Ohio’s illegal drug trafficking is literally controlled by law enforcement! she has evidence to show that members of the law-enforcement community have consistently and flagrantly involved themselves in improper for-profit handling and use of controlled substances with total impunity. Apparently the don’t look-don’t ask scenario applies in Ohio, as these criminals- who perpetrate their misdeeds in what amounts to a good old boy cop cartel are not prosecuted, and have been known to fabricate crimes against those who try to expose their racket.

The case that got Ms. Baumgartner in trouble with the Ohio Supreme Court, and which led to the revocation of her law license, was one first uncovered by former attorney Jeffery Keith following the freak death of his stepson. When Keith attempted to enter his son’s estate into the Ohio probate process he butted up against what amounted to a brick wall, called the probate case-fixing cabal. When he tried to advance his stepson’s probate action he was warned by a leading attorney from Western Heard, one of Cleveland’s biggest law firms, that if he went forward with the probate proceedings his life would come unraveled.

Mr. Keith was threatened that he’d better prepare to take on the world if he persisted…… i.e.- his troubles would be severe. Keith’s connection to a group called CAAMEO- Cleveland Arab America Middle Eastern Organization, where he worked as fund-raiser, may have been one factor in this unusually harsh and abusive treatment. In 1995 Keith attended a meeting where an envoy from then President Clinton, Dr. James Zogby, was in attendance. Zogby was present in what was supposedly an official capacity as head of the Arab-American Institute, and was there to propose that CAAMEO be awarded a $5 million dollar federal grant to establish an African-

American Bank in Cleveland. However, as Mr. Keith learned, these funds were earmarked for use in the construction of West Bank housing for Israelis, and were to be administered under the farce of an Arab front group.

Such things fly in the face of all Americans hold sacred, serving to further exacerbate animosities in the strife-ridden Middle East, not to mention the despicability of profiteering from human misery. Present at this meeting was Congresswoman Mary Rose Oakauer, who was involved in the scam. Keith, whose life had been vividly transformed by the experience with the Ohio probate process in the matter of his stepson’s death, had taken all he was willing to take. Having just learned of the fraudulent misappropriation of the CAAMEO funds he said "This is treason, and I will not be involved with it."" He then walked out of the meeting, and as he departed he was told, "We will destroy you." Shortly afterward, Mr. Keith was indicted on 96 fabricated counts of arson by then- prosecutor Stephanie Tuft Jones, who saw to it that Keith was convicted and sent to prison.

However, six years later many of the agents who had been paid to fabricate the criminal case against Mr. Keith have come forward and given sworn affidavits, which were filed in Cuyahoga County Common Pleas Court in January, 2002, asking that a new trial be ordered for Mr. Keith. These affidavits were instrumental in exposing recently-elected Congresswoman Stephanie Tuft Jones’ involvement in case-fixing and fabrication of evidence. It was shortly thereafter that Ms. Baumgartner’s law license was stripped from her.

The second case filed in January, 2002 involved an African American woman from Sandusky Ohio, one Christa Harris, who was sexually enslaved by Erie Co. prosecutor Kevin Baxter for nearly five years under threat of false criminal charges. Mr. Baxter was one of the Ohio good ‘‘ol boys intimately involved in drug trafficking in the county. Ms. Harris found the courage to swear out affidavits in the months of December, 2001 and January 2002 in a effort to gain her freedom. Yet rather than address any of Ms. Harris’ concerns she was, instead, brought up on false charges over a probate case she was exposing, tried, sentenced and imprisoned in Marysville Women’s Prison.

Since that time two things have transpired: 1) Ms. Baumgartner has filed a motion in Erie County for a special prosecutor to look into allegations of criminal activity there, and has filed all evidential materials pertaining to the above and other allegations with the US District Court, where 2) She has put in a request for a special grand jury and special prosecutors. She has been contacted by citizens all over Ohio who complain that officials are virtually never held accountable for crimes of theft and other illegalities, and that Ohio citizens are being denied constitutional access to the courts. It falls as highly coincidental that Ms. Baumgartner was assigned the courtroom of Federal Judge Leslie Wells in the grand Jury proceeding, the very judge presiding over the Traficant case.

At about this same time Baumgartner had gone public with her allegations at a town council meeting held in Port Clinton, Ohio based on sworn affidavits from eyewitnesses who spilled the beans on Kevin Baxter’s involvement with organized crime. Additionally, eyewitnesses (former associates) confirmed that Baxter is employing his ferry boat company, "Island Express Boat Lines," which he owns and operates, for illegal federal and state contracts…… and using the ferry boats for drug smuggling and gun running. Ohio has islands that have a known history as drug and weapons-smuggling drop points.

Ms. Baumgartner’s public announcements failed to curry favor with the entrenched Ohio clique. She had spoken on behalf of several clients, of whom one’s mother was believed murdered because she was getting ready to blow the whistle on the cabal’s activities. When Baumgartner spoke publicly in her official capacity as an attorney she found herself strapped with criminal charges. No one looked into the evidence that her clients had presented, or the fact that there were eyewitnesses to the alleged criminal conduct. True to form, the cabal trumped up an immediate assumption that she was lying, without even bothering to look at the evidence. She was charged with "Falsification" for her indiscretion of exposing the good old boys’ unconscionable behavior. Baumgartner goes to trial this Thursday and Friday 7/25 and 7/26 in Port Clinton, Ohio.

Keep in mind regarding the above that in a 1964 case titled Garrison vs. Louisiana it was specifically stated that a citizen cannot be criminally charged- especially when that citizen happens to be an attorney- for standing up at public meetings and calling for an investigation, or criticizing a public official.

Chief Justice Moyer who, it is said is……"owned by the drug cartel," has assigned a visiting judge from 150 miles away to preside in the Baumgartner coal-raking, despite death threats that have been made against Ms. Baumgartner, her clients, and witnesses as recorded in filed affidavits. People don’t receive death-threats unless they pose imminent danger to someone. Yet this FIX-IT judge, John Adkins from Circleville, Ohio is going forward with the Baumgartner prosecution (persecution). Adkins, like his fellow jurists, has all the earmarks of a dishonorable judge. Also being brought in is a special prosecutor named Tim Brawn from Lucas County, Toledo, Ohio, who is to prosecute the case against another female victim named Elsa. He just happens to be the brother of a Sandusky, Ohio police officer and rides comfortably ensconced in a hip pocket (where the money’s kept) of Erie County prosecutor Kevin Baxter of Sandusky, Ohio.

In summation, all these members of the Ohio good old boys’ political-legal clique are in collusion and sharing the proceeds of their criminal acts! The case against Ms. Baumgartner clearly becomes one of sour grapes when keeping in mind that she and her clients were all victims of these corrupt law enforcement officers. The tragic murder of a woman who was the mother of one of Ms. Baumgartner’s clients and the false imprisonment of another client, Christa Harris, who was forced to serve as a private sex-slave to Erie Co. prosecutor Kevin Baxter for reporting his involvement in drug trafficking and probate fraud…… are only the "tip of the iceberg."

Baumgartner didn’t make any friends when she stood up during a Port Clinton, Ohio Council meeting urging that the members not enter into a public contract with Mr. Baxter’s Island Express Boat Lines, as he uses same for criminal activities. It’s the old sweet-sop where a public entity- government- enters into contractual arrangements with a member of the private sector to operate a concession for profit. Within the context of this scenario lies an enormous conflict of interest.

The case against beloved Congressman Jim Traficant who is also a victim of government steering contracts was under the hawkish scrutiny of the same Republican Congresswoman Stephanie Tuft Jones who’d sat on an ethics committee before judge Leslie Wells- the same rotten judge who saw to Rep. Traficant’s ushering into prison. He said he had been railroaded; he was right.

The case of attorney Elsebeth Baumgartner is an outrageous attempt to muzzle an attorney at law who is attempting to bring forward evidence of serious criminal activity, including several cases of murder. But, grim though the appearance of things may be for her, truth is a defense, and she has many witnesses.

These statements are not my opinion, but were derived from a partial transcript drawn up by Ms. Baumgartner in explanation of her feelings over being disbarred and to make known the long legal ordeal she has been made to endure for her courage in speaking openly of the matters addressed in this article. The content of this narrative was made public in a broadcast radio interview, paraphrased only for proper tense and congruence.

I disbelieve the fact of drug-trafficking and corruption is a problem only in Ohio. There was another case on public radio in Kalispell, Montana involving drugs, which had been covered up by the Kalispell sheriff, a local judge and the FBI. Last year a man with some knowledge of the preceding is known to have met with FBI personnel at a secluded area to furnish evidence of the above, but never returned home. This year, another local citizen investigated the situation in Kalispell and was arrested on trumped up charges, then physically abused while in custody. His mother, a retired Army Captain, is very worried he may not live to go to trial. The attorney she had hired to defend him was threatened with disbarment. Sounds very familiar!

Source: http://arc3.m2ktalk.com/p235678/072202.ram  (starting at 18)

$175,000 Verdict Against Baumgartner
More Contempt of Court Charges Pending

By Kristina Smith
News Herold
December 14, 2004

PORT CLINTON - OHIO - Disbarred former Oak Harbor attorney Elsebeth Baumgartner faces criminal contempt charges after losing a libel case filed against her.

Visiting Judge Richard Markus ruled Monday that Baumgartner repeatedly defamed former Benton-Carroll-Salem school board member Kellen Smith through libelous letters and must pay him $175,000 in damages. Evidence in the case was presented Dec. 1-3 in Ottawa County Common Pleas Court.

Markus cited 32 references from court records Baumgartner filed during the case that caused the contempt charges, including accusations of case-fixing and corruption against Markus, Smith, Ohio Supreme Court Chief Justice Thomas Moyer and other officials.

"As the fifth and final judge who has been subjected to her disgraceful verbal assaults in this case, this judge believes he has a professional duty to cite her for some of her criminally contemptuous acts during the time that this judge presided over this case," Markus wrote, noting during the case three sets of attorneys withdrew themselves and four judges recused themselves. "If no one seeks to halt this disruptive conduct, she has every reason to believe that no restrictions apply to her advocacy in any court."

Baumgartner said the decision did not surprise her and that she is talking with the U.S. Department of Justice about her allegations of case-fixing against Markus and racketeering against Smith and Markus.

"This is a sham judgment," she said by telephone Monday. Markus asked that another judge be assigned to hear the contempt case against Baumgartner because he could be called as a witness, according to court records. A hearing date has not been set.

Markus ruled that letters Baumgartner wrote to local law enforcement agencies, the Ottawa County commissioners and others seriously harmed Smith's reputation and were malicious, court records show.

Baumgartner accused Smith of conspiring with other school officials to cover up corruption and harassment against her daughter, Jessica Baumgartner, a former student in the district.

Smith was not available for comment Monday, but had said earlier that Baumgartner turned on him after he investigated her complaints against other school officials and determined that they were baseless.

Elsebeth Baumgartner, who lists addresses in West Palm Beach, Fla., and Lambertville, Mich., arrived on the final day of the trial to be a witness, but she did not defend herself in the case. She was not called as a witness.

There is a warrant for her arrest from the Ottawa County Municipal Court for a probation violation, but Markus said he granted her immunity from it to appear for court. Baumgartner has disagreed with Markus' statement that she had immunity.

Markus dismissed Smith's libel case against the DNA research company, Cleveland Genomics Inc., of which Baumgartner is the president and chief executive officer, during the final day of the trial.

Ex-Oak Harbor Attorney Faces Additional Charges

Toledo Blade
May 26, 2005

BAY VIEW, Ohio —— More charges were filed yesterday in Erie County against a former Oak Harbor, Ohio, lawyer who was arrested last weekend after allegedly driving away from police.

Elsebeth Baumgartner, 50, was charged by Bay View police with felony failure to comply, resisting arrest, failure to comply with the order of a police officer, and a stop-sign violation. According to authorities, she fled from police officers who had arrived Friday night at a Bay View restaurant to arrest her on a probation violation warrant.

Ms. Baumgartner, who has made numerous charges of wrongdoing against local public officials, appeared yesterday in Ottawa County Municipal Court for a hearing on the probation violation.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20050526/NEWS03/50526006/-1/NEWS

Subsequent Events

On August 4, 2005 Elsebeth Baumgartner was refused the right to file an appeal by the Ottawa County Clerk’s office in the criminal case. She was also denied the right to defend herself in felony charges against her brought by the judge in her case, by retired visiting judge Richard Markus, 74. She cannot file motions in her own defense unless she has prior approval of the complainant judge Markus.

Baumgarten was released on August 10, 2005 from the Cuyahoga County Jail in northern Ohio after posting a bond reduced to $25,000. This was after she was held for 24 days, 10 days in isolation with no outside contact.

After retired judge Richard Markus had filed a criminal complaint against Baumgartner and obtained an order of protection against her, claiming that he has been intimidated by her, he has given notice that he is moving forward Friday, August 12 2005 with a contempt hearing in Ottawa County against Joseph Baumgartner, Elsebeth’s husband.

In October 2005 Baumgartner and Bryan DuBois, editor of a blog which focuses on judicial and governmental corruption in northern Ohio once again brought before the Ohio Common Pleas Court charges of prosecutorial misconduct including use of the office for political retribution.

Trial was scheduled for Monday March 27, 2006 in Cuyahoga County in northern Ohio and the trial was commenced.

Upon Baumgartner having attended a creditors' hearing on July 26 2006 in federal court in the bankruptcy action of her former business partner and his wife, special prosecutor Daniel Kasaris has moved to revoke her bond and issue a warrant for her arrest to cause her immediate incarceration. Baumgartner appealed to the Ohio Supreme Court. She also asked Cuyahoga County Commons Pleas Court Judge Shirley Strickland Saffold to recuse herself for prejudice.

A trial was scheduled to begin Monday, Nov. 13 before Cuyahoga Common Pleas Court Judge Shirley Strickland Saffold against Baumgartner on multiple counts of intimidation, retaliation along with criminal possession of a criminal computer. To see, grand jury minutes click here.

Also in November 2006, seven months after Baumgartner was tried in Ottawa County on 34 contempt charges made against her by retired visiting judge Markus, visiting judge David Faulkner rendered his verdict, finding her guilty on 27 counts of contempt and sentenced her to 120 days in the Ottawa County Jail and was fined $2,700. Visiting Judge levied the punishment against 51, after finding her guilty in late October of disrupting the court with statements she made during earlier court proceedings. Judge Faulkner said Ms. Baumgartner's behavior continued despite warnings by the judge hearing the cases, Richard Markus, a retired judge from Cuyahoga County. Her attorney, Frank Gasper, said his client "was like anyone else" before 2001 when she became involved in a string of litigation. "She became an advocate for, she believes, people that were being deprived, and that is continuing up until today," Mr. Gasper said. Judge Faulkner denied her a stay and appellate bond pending appeal.

In December 2006 Baumgartner was sentenced to eight years in prison for writing e-mails to retired visiting judge Markus who now although 76 years old is still sitting on the bench presiding over cases without regard that the Ohio Constitution mandated his removal from the bench when he reached age 70.

In March 2007 Baumgartner, who has been disbarred as an attorney, and was punished for being a whistle blower on governmental corruption in northern Ohio, entered a no contest plea in Erie County Court to charges of felony fleeing and failure to comply with the order of a police officer for charges brought against her in May 2005 by Bay View Police. It is noteworthy that charges of resisting arrest and grand larceny against her were dismissed. Baumgartner claims that a defective warrant was used against her as having been issued in a case that was already dismissed against her. Baumgartner's attorney, Richard Drucker, stated the matter would be appealed, because one of the elements of law to sustain a charge of felony fleeing is that there must be a substantial risk to public safety involved and in the Baumgartner case, that is missing.

Ohio Attorney Baumgartner Jailed Again

 

By Greg Szymanski

February 29, 2008

 

An Ohio attorney facing 66 years and six months in jail for speaking out a city council meeting was jailed last Thursday after making a routine court appearance in preparation for her upcoming trial.

 

Information still remains sketchy as to the exact reason why attorney Elsebeth Baumgartner was hauled away to the Erie County jail, but sources close to the case say it's nothing but 'political pay back' for uncovering serious corruption in Cuyahoga County leading all the way to the doorstep of the White House.

 

As outrageous as it sounds, Baumgartner faces a total of more than 109 years in jail on other felony charges stemming from city council incident, including emailing a high ranking Ohio judge and running a controversial web site accusing high ranking Ohio officials with serious crimes.

 

'They have twisted the law and essentially taken away my freedom of speech rights,' said Baumgartner two weeks ago after appearing on Greg Szymanski's radio show, The Investigative Journal.

 

After Baumgartner was jailed Thursday, she was unavailable for comment, as all phone and email contacts have gone unanswered.

 

However, close friend and associate, Angela Caputo, provided the following update on her case, saying as of Sunday evening Baumgartner was still being held in the Erie Country essentially as a modern day 'political prisoner.'

 

'Elsebeth is in the Erie County jail. Thursday was supposed to be the start of her trial on felony fleeing and eluding in front of Visiting Judge David Knepper, said Caputo. 'I do not have any details yet - just a message from her husband Joe Baumgartner.

 

'I believe that her knowledge and exposure of the case fixing via visiting judges is the main international scandal that is being contained. Here is a direct quote from Elsebeth's document that was sent to Agent John P. Pearson, USDOJ, and Ted Wasky, FBI Cleveland, with copies to Cuyahoga Judge Nancy McDonaldand Erie County Judge Roger Binette on May 17, 2006 which sums it all up:

'My allegations included widespread case fixing via manipulation of special prosecutor and or visiting judge appointments to protect far ranging corrupt activity in Ohio including pay to play and the facilitation of federal grant fraud, insurance fraud and or thefts of public resources including sensitive biotechnologies by Ohio law firms such as Benesch Friedlander, Coplan and Aronoff; (Cleveland) Baumgartner& O  Toole (Sheffield Lake); Roetzel and Andress (Akron and Toledo); Murray and Murray (Sandusky) and Spengler Nathanson, and Eastman and Smith (Toledo). Later reports to the USDOJ included allegations of protection of extortion, drug trafficking, weapons running, and various sex crimes including child pornography and other crimes against women and children by compromised prosecutors, judges and law enforcement officers including federal officers, prosecutors and Judges David Katz, Patricia Gaughan and others.'

Caputo went on to say:

'I agree and have stated the same conclusion to Elsebeth that you have - her exposure of this truth is the biggest story in America and I believe that it is being suppressed at the highest levels of our fascist government.

'I do not say that lightly. Several months ago, Else discovered her name had been inked to a gateway porn site. I looked at the site and saw that it was actually a political bulletin board with the domain owned by a Russian.

'The site regularly discusses Erie Voices, Elsebeth Baumgartner, and Bryan DuBois in some type of repetitious code. This site has talked about 'shooting civilians in Iraq' for months and the story was just finally was reported in MSM. I find it strange that allegedly this tragedy occurred (November 19) only 2-days after John Murtha's speech and confrontation with Jean Schmidt (November 17).

Baumgartner's story provides a sad glimpse at the clamp down of freedoms in America, as she has already spent more than 244 days in jail, including 10 days 'locked in a hole' without right to counsel, clergy or even phone calls.

The Arctic Beacon has covered the story extensively because of its importance as media outlets have ignored the case especially in Cleveland where the press, Baumgartner claims, is complicit in covering up for crooked politicians.

In earlier Arctic Beacon stories, Baumgartner, who graduated first in her class from the University of Toledo Law School, said:

'I was essentially put in a hole for 10 days and held incommunicado as a domestic terrorist,' said Baumgartner. 'I wasn't allowed legal counsel, the right to clergy and even the opportunity to make a phone call.'

And if anyone thinks Americans don't already have two feet buried deep into the mud of fascism, pay close attention to how and why Baumgartner was originally jailed for 234 days on a misdemeanor charge.

'I basically was jailed for standing up and speaking at a city council meeting,' said Baumgartner about the night in 2001 leading to arrest five days later on technical charges of Falsification.

The charges stemmed from statements she made questioning a huge ferry boat contract awarded to an Ohio businessman, citing affidavits from some of her clients alleging the boats were being used for illegal drug running with full knowledge of state politicians, law enforcement and federal officials.

Further, she questioned the legality of awarding the lucrative Lake Erie contract since it amounted to nothing more than 'a political favor' as another company was overlooked who was more competent and provided the same ferry boat service for less money.

'All I did was speak out and use my right as a citizen to question our government,' said Baumgartner, adding that she must have struck a nerve that night, leading to corruption at the highest levels of Washington, as well as the Ohio Governor, the Chief Justice of the Supreme Court and the Ohio Attorney General.

Baumgartner said five days after the city council meeting she was arrested, the state twisted the law to say she falsified statements at an official public hearing.

However, legal observers say the technical law used in her 'illegal arrest and incarceration' was never intended for mere statements made at open forum city council, but rather the Falsification misdemeanor law was intended for official government hearings when witnesses are placed under oath.

'They just twisted the law and I was jailed,' said Baumgartner. 'As a lawyer, respected in my community, I never thought this could happen in America, but I am living proof it can and it's not over yet.'

As a bio-tech attorney representing influential clients, Baumgartner's original troubles also began when she notified state and federal authorities about sensitive bio-tech information being hi-jacked, information which could have been used to wage bio-tech warfare against the U.S.

But instead of receiving cooperation from the feds, she claimed any serious investigations were stonewalled, as she became the brunt of harassment and illegal surveillance for reporting the alleged bio-tech misappropriation of information.

Besides the bio-tech and ferry boat matters, Baumgartner also tried to save her local school district $1.5 million involved in a contract scam she uncovered, a scam involving top officials and only the tip of the ice berg, leading to how money may have ended up in the coffers of George W. Bush's 2004 re-election campaign as a for return on political favors.

'I think they wanted to contain the scandal brewing to the state and local levels and this why they came down hard on me,' added Baumgartner.

After serving 234 days and then losing her law license, Baumgartner started a web site, deciding to go all out, exposing how she was being 'railroaded' and exposing even more state and federal political corruption.

In a recent letter directed to family and friends, Baumgartner tries to explain what's now unfolding in her battle against government corruption:

A 15 count indictment was issued for me today with a warrant in Cuyahoga County. These charges relate to my alleged intimidation of my former business partner Bryan DuBois and his wife Mandy DuBois related to Erie Voices in Erie County while I resided in Ottawa County. It appears Cuyahoga is trying to boot strap the case to the current case in Cuyahoga in order to keep the case there to complicate my defense and deny me a fair trial. Those of you who have followed the story know that while I was held in the State Mental Hospital, Bryan and Mandy stole Erie Voices from my family and turned it in to a Baumgartner bash and disinformation site.

'When I got out and started aggressively publishing the truth of what happened including the fact that over $35,000 had been misappropriated from us or our company exclusive of equipment and the value of the contents of the website itself; (well over $50,000 invested) the DuBois felt the truth intimidated them.

'It was at this point that the site was shut down by the DuBois at the government's urging in order that all the evidence necessary to my defense, the public good and of their own intimidation of my family and me was not available. This was also the reason for the raid on my home. To obtain all of my computer records related to pay to play, and evidence gathered related to the website.'

http://www.opednews.com/articles/genera_by_greg__080228_ohio_attorney_baumga.htm

Conviction Upheld for Ex-Attorney

 

By Kristina Smith Horn
Staff Writer
March 8, 2008

 

An appeals court upheld Elsebeth Baumgartner's 2006 criminal contempt conviction for accusing a judge of persecuting her and committing crimes.

 

The disbarred Oak Harbor attorney gave no evidence to back up any of her dozens of allegations against Visiting Judge Richard Markus of Cuyahoga County while he presided over a civil libel trial against her in 2004, the Sixth District Court of Appeals ruled Friday.

 

Baumgartner, 52, served 120 days in the Ottawa County Detention Facility after another visiting judge found her guilty of 27 counts of contempt in Ottawa County Common Pleas Court.

 

"We recognize that judges can be subjected to rude and insolent comments and behavior," the justices wrote. "We also recognize that judges must necessarily withstand this rudeness and insolence on occasion. A judge's life is not for the meek.

 

"Having said that, we finally recognize that there is behavior so outrageous that it constitutes an attack on the legal system and is, therefore, contemptuous."

 Lawsuit Means Jail for Baumgartner

By Holly Abrams
SanduskyRegister.com Front Article
May 11, 2008 Sunday

Elsebeth Baumgartner

CLEVELAND

First she was disbarred. Now she's behind bars.

An eight-year prison sentence for a Cuyahoga County conviction was imposed on disbarred Oak Harbor attorney Elsebeth Baumgartner Friday after it was found she broke her bond conditions, said assistant Cuyahoga County prosecutor Dan Kasaris.

"She once again failed to follow the rules," he said.

Baumgartner, 52, filed a lawsuit in April in the U.S. District Court for the Southern District of Ohio. As part of the bond conditions Cuyahoga County Common Pleas Court Judge Shirley Strickland Saffold had ordered Baumgartner not to file any lawsuits, Kasaris said.

"The lawsuit was full of typical Baumgartner slander," he added.

In the lawsuit, Baumgartner was suing the president of the Ohio State Board of Pharmacy, Ohio Supreme Court Chief Justice Thomas Moyer, Ottawa County Prosecutor Mark Mulligan, Erie County Prosecutor Kevin Baxter and others.

She alleged misconduct on behalf of the defendants in part by revoking her license to practice pharmacy, the lawsuit states. The defendants also engaged in a conspiracy to "defame and discredit" her for representing an African American female in a criminal case, she alleged. Baumgartner had asked for $36,000.

"It's classic Elsebeth," Baxter said. "It's all the same. Every kind of crime known is alleged in there with the chief justice and other folks."

Baumgartner was sentenced in January 2007. She had made threatening Internet postings and e-mails to a judge who oversaw the legal proceedings in two 2004 defamation cases against her, and a third case to have her declared a "vexatious litigator."

She was also accused of intimidating a former colleague with whom she operated a Web site.

Baumgartner was convicted on 11 counts of intimidation and four counts of retaliation -- all felonies. She had pleaded no contest to the charges. Her appeal to that case is still pending, Kasaris said.

Baumgartner voluntarily dismissed her complaint Thursday.

Prior to her criminal appeal being filed, Baumgartner had served about six months in prison. "Most people are not afforded the opportunity of an appeal bond," Kasaris said The court of appeals could grant another appeal bond if they choose to, he said. But her friends say this is just a way to silence her.

"She's not doing good because they just keep screwing with her," said friend Shawn Baxter, who answered the phone Friday at her Oak Harbor home. "They're saying that she can't have freedom of speech."

Baumgartner's husband, Joe, had similar thoughts. "It's just a mess," he said. "It's just one more thing they are trying to drag my family through the mud. She should not have had her bond revoked in the first place."

Subsequent Events

Since Common Pleas County Judge Shirley Strickland Saffold revoked  Baumgartner's bond she is
incarcerated in the Ohio Reformatory for Women and is serving her eight year prison term for intimidating retired visiting Judge Markus.

Prior to that Baumgartner was free on a $50,000 bond pending the outcome of her appeal of the 2005 conviction for intimidating and retaliating against retired visiting judge Richard Markus as well as her former business partner, Bryan DuBois.

 

Baumgartner was indicted on numerous felony counts of intimidation and retaliation as a result of sending non-threatening, but allegedly “materially false” e-mails to a judge and others and for filing civil suits containing allegedly “materially false” allegations.   She was indicted on numerous felony counts of intimidation and retaliation in a second case for posting offensive web posts on a website about her co-defendant and his wife, Bryan and Mandy DuBois.  One of the postings was allegedly materially false and the other was a parody of rap lyrics by a nationally known rap artist which, although not directed at any one in particular, was alleged to constitute a “threat of harm.” 

 

After pleading no contest to 18 felony counts she was found guilty of 15 felony counts, including four felonies for the altered rap lyrics post alone.  On  Dec. 18, 2007, Ms. Baumgartner was sentenced to a total of eight years in the Ohio Reformatory for Women. She appealed.

 

On Jan. 29, after briefing had been completed by both sides, the Court Of Appeals determined that it lacked jurisdiction to proceed because Saffold had failed to sentence Baumgartner on six counts of which it had entered findings of guilt in its journal entries.   The appeals court therefore remanded the case back to the trial court but did not dismiss the appeal.  

 

On remand, Saffold, without Mrs. Baumgartner being present, sentenced her to additional time and sentenced her on two counts of which she had specifically been found “not guilty” during the change of plea proceedings. 

 

 

 


 

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