COURT

NOTE: Jim Banks has a 30-year-long record in Scioto

County and is regarded as an expert, successful attorney.

On February 7, Jim Banks won big $1.4 Million award  

for a client in Washington County. Austin Leedom,Shawnee Sentinel 17Feb12

******************************************************************

 Judge sides with family of teen who died at Belpre party

By Brad Bauer - The Marietta Times (bbauer@mariettatimes.com) ,

A Washington County judge awarded $1.4 million on Monday to

  (copied from posting by( bbauer@mariettatimes.com) by Austin Leedom on 17 February2012) 

http://www.mariettatimes.com/page/content.detail/id/541917.html

 

The daring daylight burglar, Jeremy Boysel of 1638 7thStreet, is to appear in

Common Pleas Court before Judge Howard H. Harcha III on Friday morning at

9:30 AM. for a pre-trial hearing.

Boysel broke into the 6th street home of Jim Sutterfield at about 1:00 p.m.

on Thursday, January 20, 2011 by breaking out a window by the front door, 

reaching in and unlocking the door. 

Mr. Sutterfield was alerted by the sound of the breaking glass and stopped

Boysel as he climbed the stairs toward Sutterfield’s upstairs bedroom.                                                             

Attorney Patrick Apel will represent the State at the hearing and

Sterling E. Gill II of Columbus will defend Jeremy Boysel.   

By Austin Leedom,  22nd of  September,2011. 

HEARING IN COMMON PLEAS COURT ON MAY 13, 2011

 

on the Election of 3 February, 2009 that limits big-time spending and raising big real

 

estate property taxes by City Council without permission of the voters of the city. 

 

New motion to be filed by SOGP charter member, Attorney Steve Rodeheffer.

 

Will he ask Common Pleas Court Judge William Marshall to overturn the election

 

a second time?  This overturning of the people’s vote was done once by our Court but

 

the Common Pleas court decision was reversed by the Supreme Court that ruled

 

the complaint should have been filed by Solicitor Jones before the election,

 

not after Jones was beaten by a vote of the citizens. 

 

Solicitor Mike Jones neglected to take action in City Council before the election. 

 

City Solicitor .Jones' negligence has caused higher courts to consider this case over

 

a year and half already. 

 

Jones' deliberate inaction has burdened the Common Pleas Court, the Supreme Court,

 

the County Prosecuting Attorney, the County Board of Elections and several attorneys

 

with his dereliction of duty in this matter.

 

The case should never have gone to the Common Pleas Court as Solicitor Jones

 

could have, and should have settled the matter with an ordinance by city council

 

before the special election.

 

Citizens: It is past time that Jones be replaced. 

 

Solicitor Mike Jones will face re-election in November 2011.  The citizens

 

of Portsmouth deserve an honest, competent attorney.  The pay is now over

 

$52,000 plus insurance for only $50.00 a month.

 

Writen by Austin Leedom May 12, 2011

 

88888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888

 

News on the special election that citizens won in February 2009.

In a city-wide election on February 2, 2009 the citizens of Portsmouth voted to

restrict city council's wild spending by passing an ordinance that decreed that

any new bonded indebtedness of more than One Hundred-Thousand Dollars to

be placed as higher taxes against citizens homes  had to be approved by the voters.

 

City Solicitor Michael Jones and his handlers were unhappy that they had lost

their power to spend great amounts of money without approval of the people.

 

Attorney friends of Michael Jones filed an action in Court to overturn the

election with the excuse that one line of the petition the people voted on

was ambiguous.

Or, in other words,  Solicitor Jones group was saying the voters of Portsmouth

were too stupid to know what they were voting on in the special election.

 

Possibly, Common Pleas Court Judge William T. Marshall agreed with the

Solicitor Jones' group that the people who voted for this ordinance to restrict

spending were simply not intelligent enough to know what they were voting for.

 

The Court ruled the side with least number of votes was the winner.

Solicitor Michael Jones was happy.   The Portsmouth Daily Times had encouraged

overturning the democratic election by the people and "setting Democracy aside." 

The gang that tells the Daily Times what to write was happy and Solicitor

Michael Jones were happy. 

 

Democracy has been set aside before; it is not new in the sad wrongful 

affairs of human history.  Perhaps the most monstrous court decision in

an election contest in the past one hundred years took place in Moscow;

the Communist Party was the loser in a nation-wide election but was

declared the winner.  DEMOCRACY WAS SET ASIDE IN RUSSIA IN 1917.

and COMMUNISM was loosed upon the world.

 

DEMOCRACY WAS SET ASIDE IN PORTSMOUTH, OHIO IN 2009, and a valiant

citizen battled alone to restore Democracy in Portsmouth.  This courageous

man invested a large amount of his own time and money to uphold

constitutional rights here.  In his legal work this untrained laymen out performed

some of Portsmouth reputed "finest' lawyers. 

.   The Portsmouth Times' and his accomplices were unhappy again.

The case was overturned by the Supreme Court in November 2009 and has

languished in Common Pleas Court with little action in spite of Solicitor Jones'

attempts to get the election overturned again.

 

In research I had to go back in History ninety-three years to find a similar ruling.   

After long and diligent searching  I did find a  precedent for overturning

an election as our local Court did in 2009.

 

In a ruling by attorney Vladimir Illich Ulyanov (later known as Lenin) the winners

were judged to be  the losers and the losers were declared the winners.

 

"An election was overturned in November 1917 when in a national Russian

election the Social Revolutionaries Party received 21 million votes and the Bolsheviks Party

(later named Communist Party) received only 9 million votes; in a ruling issued by

Lenin that ballots cast for the Social Revolutionaries did not count, on the grounds that

the latter no longer formed a single organized party."

 (Reference:  A HISTORY OF THE WESTERN WORLD, Second Edition, an University

accredited textbook published by Raytheon Education Company,

Lexington, Massachusetts in 1969, see page 1226.

 

 29 JAN 2011 JUDGE  STEVE MALLORY BIG MAN IN SCIOTO WATER UTILITY SINCE 1969  

JULY 2010

More News Coming Soon - Ralph Dyer is no longer handcuffed and shackled

with leg-irons.   He was released Friday afternoon following a hearing before

the Honorable Judge William T. Marshall in Scioto County Common Pleas Court

 

 

Final ruling by the HONORABLE COMMON PLEAS COURT JUDGE

WILLIAM T. MARSHALL in Martings Building Fraud Case

 

In case No   04CIH00110,

 

TERESA MOLLETTE, et al., Plaintiffs,

 

VS

 

PORTSMOUTH CITY COUNCIL, et al.,Defendants.

 

MOLLETTE IS THE WINNER AGAIN - Crooked

 

 CITY COUNCIL TO PAY FOR ILLEGAL ACTS

 

 

Read the complete ruling by Judge William T. Marshall

that was filed on August 15, 2007 in the Scioto County Clerk of Courts office:

 

Read the two-page document at   http://joeyrayandthesmithzonians.com/win.pdf

 

 

WHY DID JUDGE HOWARD HARCHA III SEAL UP THE JANUARY HEARING

 

FOR IMPRISONED MURDERER JOHN ADAM'S EVIDENTIARY HEARING?

Is he hiding something?  Click on:

http://dougdeepereturns.blogspot.com/ 

  Is something wrong in the Scioto County Common Pleas Court? 

Click on

Defendant 1                                   
Pty    2     SCHMIDT, JOHN MICHAEL             MEARAN, MICHAEL H                
             %CRC INMATE #A456110              812 SIXTH STREET                 
                                    
     09/04/03                                                          
              JUDGMENT ENTRY OF DECISION                                        
              THE COURT FINDS THAT THE DEFENDANT IS A SEXUALLY ORIENTED         
              OFFENDER AND IS ORDERED TO COMPLY WITH RC. SECTIONS               
              2950.04, 2950.05, 2950.06 AND 2950.07 IN THE DEFENDANT            
              SHALL REGISTER FOR A DEFINITE PERIOD OF 10 YEARS.                 
              THE COURT FINDS THAT THE DEFENDANT HAS BEEN CONVICTED OF          
              COUNTS 1 AND 2:SEXUAL BATTERY, FELONIES OF THE THIRD DEGREE       
              ON COUNT 1: IT IS THEREFORE ORDERED THAT THE DEFENDANT            
              SERVE A STATED PRISON TERM OF 3 YEARS IN THE CUSTODY OF           
              THE ODRC PLUS $300 FINE.                                          
              ON COUNT 2: IT IS THEREFORE ORDERED THAT THE DEFENDANT            
              SERVE A STATED PRISON TERM OF 4 YEARS IN THE CUSTODY OF           
              ODRC PLUS A $500 FINE.  THEREFORE THE SENTENCES IN COUNTS         
              1 AND 2 ARE TO BE SERVED CONSECUTIVELY FOR A TOTAL OF             
              SEVEN (7) YEARS.  178/81   
                        
              DEFTS MOTION FOR JUDICIAL RELEASE                                 
     06/27/07                                                      CT ORDER     
              ENTRY:  DEFT IS CURRENTLY CONFINED AT THE                         
              CHILLICOTHE CORRECT. INST.                                        
              & IS TO BE RETURNED TO SCIOTO COUNTY 
              FOR A COMMUNITY BASED CORRECTIONAL FACILITY ASSESSMENT                  
              ON OR BEFORE                                               
              7/2/07 @ 10:00 AM.                                                
              IT IS ORDERED THAT THE CLERK IS TO ISSUE 
A CERTIFIED COPY OF THIS ENTRY TO THE SHERIFF FOR 
PURPOSES OF RETURNING DEFT ON THE DATE AFOREMENTIONED.                                          
              272/84                                                            
     06/28/07                                                      ISSUANCE     
              ISSUED CERT COPY OF ENTRY TO:                                     
              SCIOTO COUNTY SHERIFFS DEPT FOR PURPOSES 
OF RETURNING DEFT ON 7/2/07                

 More on this soon - Has the Judge loosed this sexual predator?

JOHN D HURT FOUND GUILTY BY JURY FOR THE DEATH OF 
CHARLES EDWARD KING ON THE 4TH OF JULY 2006
 JUDGE WILLIAM T. MARSHALL SENTENCED JOHN D. HURT TO 
TEN YEARS IN PRISON
 COURTROOM OBSERVER TOLD SENTINEL, 
Prosecuting Attorney Mark Kuhn did a great job.” 
 Jun 26, 2007             Scioto County, Portsmouth Ohio               Page     1
 6:38 pm                      Mildred E. Thompson                               
                         Clerk of Court of Common Pleas                         
               D O C K E T  S H E E T    for 07CR000312                         
                         OHIO  vs.  JOHN D HURT, et al                          
____________________________________________________________________
Date Filed: 03/30/07                    Style: ST/JOHN D HURT AKA JDHURT        
                      Judge      : 1                                            
                             
Action    : VOLUNTARY MANSLUGHTER F1 2903.                                      
________________________________________________________________________________
Judge        William T. Marshall              Judge                             
                                                                  
Plaintiff 1                                   Attorney                          
Pty    1     OHIO                              KUHN, MARK E                     
                                               602 7TH ST - RM 310              
                                               PORTSMOUTH OH 45662              
                                                                         
Defendant 1                                   Attorney          740 354-2300 Gen
Pty    2     HURT, JOHN D                      KLEHA, JEFFREY A                 
             914  8TH STREET                   721 FIFTH STREET                 
             PORTSMOUTH       OH  45662        PORTSMOUTH OHIO 45662            
                                                                                
               AKA: HURT J.D.                                                  

 

Many residents of Scioto Unaware of Illegal Rule

 

that keeps citizens from filing criminal charges.

Posted at 1:05 a.m. on Friday, June 1, 2007 by Austin Leedom

 

MUNICIPAL COURT JUDGES SET UP ILLEGAL RULE

TO PREVENT LOCAL CITIZENS to are unaware of an illegal rule

that is in place at the

 

Portsmouth Municipal Court

 

This rule  prevents citizens of this county from filing criminal complaints without the

special approval of the Portsmouth City Solicitor. This rule is called Rule 28 and was written by

Portsmouth Municipal Court Judges William Marshall (now a Scioto County Common Pleas Court Judge)

and Judge Richard T. Schisler. The rule was established a few years ago when citizens found out that

they had a right to go to either a Clerk of Court, a Magistrate, a Prosecutor, or a Judge and file a criminal

complaint with the full power of the Ohio Revised Code backing the citizen.

Citizens filed criminal complaints against numerous public officials through Scioto County Common Pleas

Court Clerk Mildred Thompson who agreed that there was enough evidence presented to her to warrant

acceptance of the charges filed by the citizens. The citizens deliberately filed their complaints when then

Scioto County Common Pleas Court Judge Walter Lytten was on vacation in order to force Scioto County Common Pleas Court Judge Howard Harcha III to make the ruling on the charges. According to the Ohio Revised Code once the complaints were filed and submitted to Judge Harcha III by Clerk Thompson, Judge Harcha III should have either issued arrest warrants or brought witnesses into his courtroom to gather more evidence before issuing the arrest warrant.

Judge Harcha III followed the pattern of the prior SOGP gangster judges and waited for Scioto County Judge Walter Lytten to return from vacation and both judges issued an order sending the citizens over to the Portsmouth Municipal Court claiming that the citizens were in the “wrong court” to begin criminal charges. 

The sad part about this matter is that the citizens were in the court that handles felony charges and had the full authority to act on the criminal complaints but Judge Harcha III was following the illegal Rule 28. 
 
When confronted with Rule 28 Judge Harcha III told me that the rule was “probably illegal” but said until
someone challenged it in court he couldn’t do anything about it. (This is on audio tape.) Judge Harcha III has made it clear that he is willing to break the laws of the State of Ohio. He is a disgrace to the honest judges serving in this great state.

Rule 28 clearly sets up a situation where one man determines the fate of all criminal charges in the county, right? 

Wrong.  
 
Every week the Scioto County Prosecutors Office takes criminal allegations to the Scioto County Grand Jury
and receives indictments on citizens without going through the Portsmouth Municipal Court. Rule 28 is only used when crooked judges such as Howard Harcha III wants to help cover up crimes by public officials. Judge Harcha III knows he can’t be sued because of his immunity as a sitting judge and he now is going down the path other judges have taken when they become power hungry.  
 
Judge Harcha III admitted during the sentencing phase of John Michael Schmidt that he was about to give
Schmidt, who had admitted raping his own daughter on numerous occasions, probation. 

Judge Harcha III leaned back in his chair and stated, “I have reflected on this case and now realize that there are people coming through here everyday that I send to prison for less than what this man has done.” 

That statement came after Scioto County Assistant County Prosecutor Anita Matthew stood before Judge Harcha III and stated probation is not what this case deserves. That was said after Schmidt’s attorney, Mike Mearan told Judge Harcha III, “I know you can’t give my client probation after what has been written by local websites.” That’s right people; the only reason Judge Harcha III sent Schmidt to prison was because of our publicity.

Well maybe it’s going to take publicity on Judge Harcha III’s illegal actions to enforce Rule 28 to get

the citizens rights to access to the courts back. Why are citizens in the county being forced to go to an office where they are not allowed to vote on the person that holds that office begging for help? County residents are not allowed to vote on the person that holds the City Prosecutors job. Isn’t that a little unfair? 

It’s also immoral and illegal.

Judge Harcha III has covered up numerous crimes that have been brought to his attention. He uses

Rule 28 to back up his actions especially when it comes to helping out public officials. 

In 1995 Judge Harcha III was shown sworn testimony of a Ohio Highway Patrolman who went to

Judge Harcha III’s home to get a search warrant and lied to Judge Harcha III. In court this trooper

was confronted with his lies and admitted that he had lied to get the search warrant. When confronted with this information Judge Harcha III took no action. Judge Harcha III didn’t ask anyone in the County or City Prosecutors Offices to investigate the perjury committed by the Ohio Highway Patrolman.

Why? In Scioto County cops are allowed to lie under oath and many judges including Judge

Howard Harcha III protect them.  In a recent civil case Judge Harcha III threw out a lawsuit filed by David Newman who charged his lawyer with misconduct. Judge Harcha III used his power to initially deny David Newman his day in court but the Ohio 4th District Court of Appeals overturned Judge Harcha III’s ruling. In fact,

David Newman’s lawyer, D. Joe Griffith, filed his appeal citing five areas where Judge Harcha III ruled illegally. The 4th District Court of Appeals agreed with four of the five areas and ordered Judge Harcha III to reinstate the civil case. In a round about way the Newman case involves activity by Portsmouth City Solicitor David Kuhn who was acting as a hearing officer for the federal bankruptcy court. 

 Once again, Judge Harcha III found covering up for his buddies. 
 
Read the Ohio 4th Court of Appeals decision against Judge Harcha III by following this link:


 

http://www.sconet.state.oh.us/rod/newpdf/4/2007/2007-ohio-1934.pdf

Judge Harcha III needs to either step up and stop the injustices of Rule 28 or resign his office. 

He is a disgrace to the bench and until such activities he allows to continue are stopped no

citizen of Scioto County is safe. More on Judge Harcha III is coming. 

Here is what the 4th District Court of Appeals sent back to Judge Howard Harcha III concerning the

problems with the trial transcript from Adams criminal case:

10/23/06 CT ORDER JUDGMENT

ENTRY: COURT OF APPEALS CASE

04-CA-2959 & 05-CA-2986 THIS COURT

OVER THE PAST 2 YRS HAS GRANTED

NUMEROUS EXTENSIONS OF TIME

FOR FILING & SUPPLEMENTING THE

RECORD IN THIS CASE.

 

DURING THAT PERIOD,

THE COURT REPORTER HAS SUBMITTED 4 DIFFERENT VERSIONS

OF THE TRIAL TRANSCRIPT, NONE OF WHICH ARE THE SAME,

& SOME OF WHICH ARE NOT IN THE COURT FILE.

 

MOREOVER,

APPELLANT HAS REPEATEDLY CLAIMED THAT PORTIONS OF THE

RECORD ARE MISSING, & THAT WHEN CORRECTIONS HAVE

BEEN MADE THE RECORD WAS STILL INCOMPLETE OR OTHER

RELEVANT MATERIAL WAS THEN EXCLUDED. AFTER REVIEWING T

HE RECORD AT THIS JUNCTURE IS SO CONFUSING WE CANNOT

CONFIDENTLY SAY THAT THE RECORD IS COMPLETE OR ACCURATE

AS IT CURRENTLY STANDS.

 

THEREFORE, UPON CONSIDERATION,

WE SUA SPONTE REMAND THIS MATTER TO THE TRIAL COURT

FOR PURPOSES OF CONDUCTING A MANDATORY EVIDENTIARY

HEARING CONSISTENT WITH APP.R.9(E) TO REMENDY THE

DISCREPANCIES IN THE RECORD.

 

IF THE CONTENTS OF

THE RECORD ON APPEAL CANNOT BE ACCURATELY ASCERTAINED,

&/OR THE TRIAL COURT DOES NOT RECTIFY ANY DISPUTES,

A NEW TRIAL MAY BE THE ONLY WANT TO ENSURE THAT

APPELLANT CAN FAIRLY & ADEQUATELY ARGUE HIS POSITION

ON APPEAL.

 

THIS COURT HEREIN CANCELS THE ORAL ARGUMENT S

ET FOR 10/26/06, IN THIS CASE AT THE SCIOTO COUNTY

COURTHOUSE. CASE REMANDED W/INSTRUCTIONS.

IT IS SO ORDERED.


As you can see, the Justices at the Court

of Appeals believe that someone is messing around with the transcript

of the Adams trial. Four different sets of transcripts have gone before the

Court of Appeals and the Justices claim that all four are different.

How can this be? The Justices are trying to be fair to Adams and believe

that unless they grant a new trial or the record can somehow be cleared

up then Adams civil rights will be violated.

According to the records in the Adams case file at the Scioto County

Common Pleas Court Clerks Office, Adams was brought down for a

hearing the first week of January 2007 and the hearing record for

that day has been sealed so nobody can look at it.

 

A motion was then

filed back to the 4th District Court of Appeals by Adams attorney,

James Banks of Dublin, Ohio after that hearing was completed and the

record sealed seeking the new trial. Based on the filing of that motion

it is clear that Attorney Banks believes that the trial transcript can

not be fixed for use for Adam’s appeal.

The current Scioto County Prosecutor Mark Kuhn did not handle

the first trial for Adams. This could present a big problem for the

State of Ohio if Adams is granted a new trial. Can all the witnesses

be found at this late date?

 

Will Attorney Banks be able to avoid pitfalls made in the first trial

for his client? At the end of the first trial two jurors told me that they

did not believe the testimony of the only eyewitness in the case,

Mrs. Burns. Now that Attorney Banks has her testimony will he be

able to bring even more doubt the second time around? T

he jurors I talked with stated that they believed if Adams had

testified on his own behalf and rebutted the testimony of Mrs. Burns

that there was a possibility that the murder conviction would not

have occurred. Adams may have only been convicted of kidnapping

two other females he took with him to Kentucky right after the shooting.


The murder of Burns appears to be linked to a lawsuit filed against

Adams by Bob Burns against Adams for something that happened

during the treatment of Mrs. Burns by Adams. Adams was a psychiatrist

employed by Marshall University. Mrs. Burns was a patient of Adams

and the two eventually had some type of physical relationship that

grew out of the patient/doctor relationship.

It is unclear when Adams will get his new trial but sources at the

Scioto County Courthouse told me if the new trial is granted that it

will probably begin in the late summer or early fall of this year.

Adams is currently confined at the Pickaway Correctional Institute

in Orient, Ohio where he is serving a 15 year to life sentence.

Adams is not due to come up for parole until May of 2029.

Stay tuned for more on this story as it unfolds.


John Welton (DD)------------------------------------

Courts I just received word this morning, Saturday June 2, 2007, that Scioto County

Judge Howard Harcha III is set to release admitted sexual predator,

John Michael Schmidt, from prison after serving only 3 years of a 7 year

sentence for rape. Schmidt pled guilty in September 2003 on a bill of

information to save the possibility of more charges being imposed by the

Scioto County Grand Jury.

Schmidt a former teacher and football coach at Wheelerburg High School
was accused in a bill of information for two counts of rape against his own daughter. Sources close to that investigation, including former members of the Scioto County Grand Jury that reviewed this matter, claim that Schmidt's daughter kept a running diary of the rapes and that over 100 accounts were written
about by the young girl in her diary.

At the time Schmidt's case was heard by Judge Howard Harcha III, Judge Harcha set the time for the initial hearing

for 7:30 a.m. to try to slip this case by the public. I was notified of the hearing the night before and publicized what was

going on and a small crowd gathered to hear what was going on. It was at that time that Judge Harcha III allowed Schmidt to be released and go back out into the public until a presentence investigation could be performed on Schmidt by the Scioto County Probation Department.

This angered many in the crowd as most sexual predators are kept in jail or sent off to prison immediately after they enter a guilty plea for such a heinous crime. The Assistant Scioto County Prosecutor Anita Matthew objected to Schmidt's release but Judge Harcha III let Schmidt go.

At his sentencing a few weeks later, Schmidt's lawyer Michael Mearan, gave a lengthy speech to the court blaming
writers on local websites claiming "I know your honor can no longer grant my client (Mr. Schmidt) probation because

of all the adverse publicity generated by local websites but please have some leniency on my client because he has admitted he has an alcohol problem and is sorry for his crimes." Assistant Scioto County Prosecutor

Anita Matthew then rose and stated to Judge Harcha III, "Your honor, Mr. Schmidt used

his alcohol problem a few years ago when he had a traffic accident and was given diversion

 program in lieu of conviction. It appears he didn't learn his lesson.

Also your honor, I know many alcoholics that get drunk every Friday night but they

don't go home and rape their daughter!  To release this man would be a travesty."

Judge Harcha II took a few minutes leaning back in his chair staring at the ceiling and then stated,

 "I have men and women come through this courtroom everyday that I send off to prison for a lot less than what we see in this case. Your client, Mr. Mearan, had the financial means to seek treatment and he did not

take steps to clean up his act. Therefore, it will be the finding of this court that Mr. Schmidt on count 1 will serve 3 years and on count 2 a four year sentence will be imposed. These sentences are to be served consecutively resulting in a total of 7 years with the Ohio Department of Rehabilitation and Correction."

Attorney Mearan asked the court to stay the execution of Schmidts sentence to allow him time to organize his
affairs before being locked up. Judge Harcha III denied that request.

Now we see that it has been two weeks since Schmidt filed his motion for judicial release.

The first time Schmidt filed a motion for release Judge Harcha III immediately denied the request.

This time Judge Harcha III, according to sources around the courthouse, is being pressured

by Attorney Mike Mearan

to release Schmidt. This is such a travesty.

Schmidt's child was raped not 1, not 2, not 3, not four, but over 100 times according to her

own diary.

Maybe Judge Harcha III should get the diary and read it before making his ruling.

Men and women have been imprisoned for over 14 years for picture taking of nude children

and never been released early.

Why should a man that has raped his own daughter over 100 times have his sentence cut

one second?

He should not! If anything, Judge Harcha III did Schmidt a favor in September of 2003.

Judge Harcha III did not impose the maximum penalty on either charge. How dare Judge

Harcha III release this man early.

To release him back on the public will stain the judicial system worse than it

already is in Scioto County. Judges that don't protect the children should not be on the bench!

More on this story when Judge Harcha III makes his final ruling!

John Welton (DD)
   -posted at 3:45 p.m. Saturday, June 2nd, 2007 by Austin Leedom
Shawnee Sentinel,Portsmouth Ohio City,corruption,Mayor rape,Martings,City Council discrimination courts violation civil rights

Courts
 
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DECISIONS AND ORDERS QUESTION INTEGRITY OF HIS

COURTROOM OPERATIONS!

IS SCIOTO COUNTY COMMON PLEAS COURT JUDGE

HOWARD HARCHA III

RUNNING A FAIR COURT? SOME SAY NO! I AGREE!

May 29, 2007  By Doug Deepe (John Welton)

John Welton (Doug Deepe) Sentinel Reporter

Over the last year there have been some mysterious decisions and hearings

being rendered in the courtroom of Scioto County Common Pleas Court Judge

Howard Harcha III. We have learned that the 4th District Court of

Appeals has stated that trial court transcripts of the case of murderer

John Martin Adams has been doctored and/or altered, Judge Harcha III

dismisses a policeman’s lawsuit

who is being represented by the same attorney in the Adams case, and finally

Judge Harcha III banned a local citizen from audio or video taping the hearing

for the residents of Grandview Avenue to ensure the public could be

fully informed of the court hearing. Does this sound more like Nazi

Germany in the 1940’s than what our forefathers set up for an open

judicial system for the people?

I wrote a story over the weekend about the 4th District Court of Appeals

issuing an order to Judge Harcha III demanding that he hold an evidentiary

hearing to find out why four different trial court transcripts have been sent

to the Court of Appeal in the Adams murder trial. Why would Judge

Harcha III allow not 1, nor 2, nor 3, but 4 different trial transcripts to go

up to the Appeals Court by an employee of his?

Maybe Judge Harcha III’s decision in the Grandview case sheds a little

light on this matter. Judge Harcha III ordered Teresa Mollette to not take

a tape recorder and/or video recorder into his courtroom for the

Grandview Street residents hearing against the City of Portsmouth a few

months ago.

Mollette filed a paper with Judge Harcha III asking permission to video and

audio record the hearing. Her request was not just denied but Mollette had

her equipment seized by the judge until after the hearing was completed.

Click on the following link to read the posting Mollette put up on her website

concerning her attempt to record the Grandview hearing:

http://portsmouthcitizens.info/blog/?page_id=19

The reporters from other media sources were allowed to take their equipment

into the courtroom. In other words, Judge Howard Harcha III allowed the

SOGP gangster reporters to bring their equipment into the courtroom, but

denied Mollette who owns a website that publishes public information for

free for her readers the right to capture the hearing with her equipment.

I now believe that maybe Judge Harcha III didn’t want Teresa Mollette to

video or audio the hearing because he wouldn’t be allowed to alter the

hearings transcript if he knew that Mollette would publish the hearing on

her website. Judge Harcha III knows the local press never prints negative

activity by local judges so he doesn’t mind

having them in the courtroom with their equipment. Do you smell something

funny here people?Now we just learned this weekend that Judge Harcha III

dismissed a case filed by Portsmouth Police Officer Steven Nagel against the

City of Portsmouth and Portsmouth Police Chief Charles Horner. Officer Nagel

complained that he was forced to provide information to Chief Charles Horner

about Nagel’s association with former New Boston Police Officer

Matt Powell and when Nagel refused to do so, Chief Horner retaliated

against him and eventually fired him from his job. An arbitration hearing

was held and the administrative

officer ordered Nagel back to work but Chief Horner and Mayor Kalb has

refused to put Nagel back to work.

Judge Harcha III gave a summary judgment for Chief Horner and the

City of Portsmouth claiming no material fact was left in the case for a jury

to be impaneled to hear testimony. This order disputes a prior decision by

Judge Harcha III in which he stated material facts did exist and the case

would go to trial. The attorney for Officer Nagel is Jim Banks from Dublin,

Ohio.

Attorney Banks is also the attorney for John Adams.

Is it coincidental clients of Attorney Banks are being thrown out of court now?

Attorney Banks was fortunate to have a client like John Adams who had the

financial resources to fight Judge Harcha III at the Court of Appeals.

This forced the hand of Judge Harcha III and his immoral scheme to allow

altered transcripts to go up against an individual seeking justice at the

Court of Appeals.

While I’m not saying Adams did or didn’t commit murder, he deserves to have his

case heard fairly at the Court of Appeals.

How many other false transcripts have been submitted by Judge Harcha III’s

court reporters to Courts of Appeal? How many men or women are aware that

their court appointed lawyer may have not had the funds to fight like

Attorney Banks has done to prove false information may have kept them

in prison?

This activity by Judge Howard Harcha III appears to take us back to the

1940’s when altered information was used by Nazi Germany to slaughter

innocent people using the courts to do the dirty work. What has been

uncovered by Attorney Banks against this sitting judge is not just illegal,

it is immoral! 


Maybe if enough pressure is put on justices at the Court of Appeals a full

investigation will occur on Judge Howard Harcha III and we can find out

how long this illegal action has been going on.

We at the Sentinel sat in the courtroom of Judge Harcha III in 2003 when

 attorney Mike Mearan stood up and stated that “he knew the deal that

had been worked out for his client (rapist John Michael Schmidt) couldn’t

be followed through with because of the public disclosure of the deal by

certain websites.”  It seems that Judge Harcha III learned to shut down

website owners after we revealed his dirty deal back in 2003.

Why else would a judge shut down the public from hearing what he says

from the bench of his courtroom?

Finally, Judge Howard Harcha III was the Portsmouth Municipal Court

Judge that illegally expunged the criminal record of now Scioto County

Sheriff Marty Donini.

Judge Harcha III was fully aware that he illegally expunged two criminal

records for Donini to make him eligible to run for Scioto County Sheriff.

It was then Judge Harcha III that signed the illegal affidavit for Donini

claiming that Donini had no criminal record that would prevent him from

running for the office of Scioto County Sheriff.

These revelations should scare the people of Scioto County and make them

reconsider putting Judge Harcha III back on the bench when his term

expires.  Judge Harcha III’s record proves he will cover up crimes and

now maybe he is party to committing the crime of submitting false information to a

higher court.

Do you or your loved ones think you will get a fair hearing with this judge?

You better think again.

John Welton (Doug Deepe)  May 29, 2007 

**************************

 

APPEAL OF MARTINGS DECISION RETURNED

TO SCIOTO  COUNTY COMMON PLEAS COURT.


The Appeals Court upheld on Tuesday, July 19,
2005, the Mollettes insistence that there is no just cause
for allowing an appeal of any part of the case at this time.
 
The Scioto County Common Pleas Court is to now
address the question of granting the Mollettes a writ
of mandamus and an injunction.  
 
The Court of Common Pleas will also address the
question of damages and attorney fees.  The Court
of Appeals ruled that the Common Pleas Court is to
make these decisions, not the City Council.
 
The costs of the losing Appeal are to be split between
Clay Johnson/Martings Foundation and the City
Council of Portsmouth.  Both filed appeals in December
2004  following an "emergency" ordinance passed
by four controlled  City Councilmen to authorize the
appeal, and  appropriate money for the costs of the appeal.
(This appeal action by City Council and Solicitor David Kuhn has proven to be
another waste of City funds.)
 
The decision of the Court of Appeals was made by
Administrative Judge William H. Harsha, with
Appeals Judges P.J.Abele and J. Kline concurring.
 
Written and posted by Austin Leedom, Sunday, July 24, 2005 at 1:25 a.m.  This article first
posted here on July 22, 2005.

 

NEW BOSTON POLICE SGT. MATT POWELL -

Trial next month - - Don't miss this one. 

 
06/17/05                                                      FILING       
              NOTICE OF DEPOSITION                                              
              THE STATE WILL TAKE THE DEPOSITION OF JOHN STEWART, TST           
              TOWING, ON 6/23/05 AT 10:30 AM AT THE MAYOR'S COURTROOM.          
              SAID DEPOSITIONS WILL CONTINUE FROM TIME TO TIME UNTIL            
              COMPLETED.   SAID DEPOSITION WILL BE TAKEN BY STENOTYPE &         
              VIDEOGRAPHER                                                      
     06/20/05                                                      CT ORDER     
              JUDGMENT ENTRY:  UPON ORAL MOTION OF DEFT & FOR SUFFICIENT        
              CAUSE SHOWN, TO WIT: PREPARATION OF TRANSCRIPTS & OBTAINING       
              AFFIDAVITS OF WITNESSES, SOME OF WHICH ARE ON VACATION, THE       
              DEFT IS GRANTED AN ENLARGEMENT OF TIME UNTIL 6/24/05 IN           
              WHICH TO FILE & SERVE EVIDENTIARLY MATERIALS TO SUPPORT HIS       
              CLAIM OF SELECTIVE PROSECUTION.                                   
              216/175                                                           
     06/21/05                                                      SERVICE      
              SHERIFF'S RETURN FILED. SERVED                                    
              SUBPOENA;  TO JOHN STEWART ON 6/20/05 BY PERSONAL SERVICE;        
              SERVED BY SCHERER                                                 
     06/21/05                                                      ISSUANCE     
              ISSUED SUBPENA TO MAYOR JAMES WARREN;  TO APPEAR ON 6/21/05       
              @ 12;30 AM. ON BEHALF OF DEFT.                                    
     06/21/05                                                      ISSUANCE     
              ISSUED SUBPENA TO TST TOWING/OLLIE RENTZEL;  TO APPEAR ON         
              6/23/05 @ 9:00 AM.;  ON BEHALF OF DEFT                            
     06/22/05                                                      FILING       
              TST TOWING/OLLIE REUTZEL'S OBJECTIONS TO SUBPOENA;  FILED BY      
              ATTY JOHN R. HAAS                                                 
     06/23/05                                                      FILING       
              STATES NOTICE OF STATES 3RD ADDITIONAL COMPLIANCE W/DEFTS         
              REQUEST FOR DISCOVERY                                             
     06/23/05                                                      FILING       
              PRECIPE FOR SUBPENA;  FILED BY SPECIAL PROSECUTOR                 
     06/23/05                                                      ISSUANCE     
              ISSUED SUBPENA TO MARTY EVELAND/PORTSMOUTH POLICE DEPT TO         
              APPEAR ON 7/19/05 @ 9:00 AM. ON BEHALF OF THE STATE               
     06/23/05                                                      FILING       
              STATES SECOND COMPLIANCE W/REQUEST FOR DISCOVERY BY THE           
              STATE & NOTICE OF INTENT TO USE EVIDENCE                          
     06/23/05                                                      FILING       
              STATES NOTICE OF SERVICE OF STATES SECOND DEMAND FOR              
              DISCOVERY                                                         
     06/23/05                                                      FILING       
              STATES NOTICE OF STATES SECOND COMPLIANCE W/DEFTS REQUEST         
              FOR DISCOVERY                                                     
     06/23/05                                                      FILING       
              DEFTS NOTICE OF FILING TESTIMONY OF LEE BOWER & DEPUTY            
              GOODWIN                                                           
     06/23/05                                                      FILING       
              DEFTS MEMORANDUM IN SUPPORT OF MOTION TO DISMISS ON GROUNDS       
              OF SELECTIVE PROSECUTION &/OR IMPROPER MOTIVE; ORAL HEARING       

              REQUESTED   

999999999 

(Note: Local Municipal Judge Richard Schisler allows Kuhn's office to control all prosecution in Municipal Court; there will be no charges filed against Mark Kuhn's gun-toting employee Dean Conklin for beating Mrs. Welton)

MUNICIPAL COURT Judge Schisler has corrupted justice, and impeded police. City Solicitor David Kuhn, and his nephew Mark Kuhn have subverted and corrupted Municipal Court Rule 28 so as to empower the Kuhns to have total control over which cases reach the court. RULE 28 is a violation of civil rights.

Courts  CITIZENS SUE City of Portsmouth - Repeated back up of sewer waters into homes have caused serious health problems and great property damage

ANOTHER SUIT AGAINST THE CORRUPT CITY GOVERNMENT

Written and published by Austin Leedom, Shawnee Sentinel Reporter at 6:45 p.m. Thursday, December 30, 2004

Twenty-one (21) residents of the Grandview – 25th Street area, near the hospital, have filed a suit against the City of Portsmouth. Citizens have told us that for over seven years they have suffered from flooding and back-up of sewer waters into their homes. Damages have become increasingly worse during this time despite an order from the Ohio EPA in the year 2000 that the City of Portsmouth was not to allow any additional building in this area of the city until sufficient sewer capacity was provided by the City.

The City of Portsmouth has ignored the orders of the EPA and has continued to issue building permits for more construction which has caused additional, worse flooding and damage to the health of the citizens.

We were unable today to obtain a complete copy of the case file in this most recent suit against the City, but, printed below is a copy of the Common Pleas Court Docket sheet we obtained from the office of Mildred Thompson, the Scioto County Clerk of Courts at www.sciotocountycpcourt.org. The case number is 04CIH00301. Larry Essman of 2417 Grandview is listed as Plaintiff Number One in this action.

The attorney for the Plaintiffs in this new legal action is D. Joe Griffith of Lancaster, Ohio.

Mr. Griffith recently won an action in Common Pleas Court for Bob and Teresa Mollette of Franklin Boulevard against the City of Portsmouth in the case of the illegal purchase of the Martings Building in May 2002.

The City owes $14,000 to Attorney Griffith, plus legal fees to a losing out-of-town attorney that Solicitor David Kuhn hired to defend the City.

Scioto County Common Pleas Court Judge William T. Marshall ruled the sale of the building null and void because of violations of the Ohio Sunshine Law by the City Council of Portsmouth and Clay Johnson, (Johnson is also known as the Richard D. Marting Foundation.)

Mr. Johnson now owes the taxpayers of Portsmouth the Two Million Dollars he unlawfully took from them. It is time collect fromClayJohnson. The City is going to need money to pay damages and lawyer fees in the many lawsuits the City now faces.

 

Written and published by Austin Leedom, Shawnee Sentinel Reporter at 6:45 p.m. Thursday, December 30, 2004

 

D O C K E T  S H E E T       


________________________________________________________________________________
Dec 30, 2004             Scioto Court of Common Pleas                 Page     1
 5:05 pm       D O C K E T  S H E E T    for 04CIH00301                         
                  LARRY ESSMAN, et al  vs.  CITY OF PORTSMOUTH                  
________________________________________________________________________________
Date Filed: 12/29/04                    Style: L ESSMAN ETAL/CITY PORTS         
                      Judge      : 2                                            
                                                                                
Action    : OTHER CIVIL                                                         
________________________________________________________________________________
Judge        Howard H. Harcha III             Judge                             
                                                                                
Plaintiff 1                                   Attorney          800 339-4618 Gen
Pty    1     ESSMAN, LARRY                     GRIFFITH, D JOE                  
             2417 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 2                                   Attorney          800 339-4618 Gen
Pty    2     ESSMAN, LORETTA                   GRIFFITH, D JOE                  
             2417 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 3                                   Attorney          800 339-4618 Gen
Pty    3     VOORHEIS, DONNA                   GRIFFITH, D JOE                  
             2407 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 4                                   Attorney          800 339-4618 Gen
Pty    4     BOREN, DONNA                      GRIFFITH, D JOE                  
             2114 25TH STREET                  144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 5                                   Attorney          800 339-4618 Gen
Pty    5     BOREN, LARRY                      GRIFFITH, D JOE                  
             2114 25TH STREET                  144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 6                                   Attorney          800 339-4618 Gen
Pty    6     FELTS, VICTORIA                   GRIFFITH, D JOE                  
             1924 25TH STREET                  144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 7                                   Attorney          800 339-4618 Gen
Pty    7     LODWICK, JAMES                    GRIFFITH, D JOE                  
             1902 25TH STREET                  144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 8                                   Attorney          800 339-4618 Gen
Pty    8     LODWICK, JANET                    GRIFFITH, D JOE                  
             1902 25TH STREET                  144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 9                                   Attorney          800 339-4618 Gen
Pty    9     NEWSOM, CINDY                     GRIFFITH, D JOE                  
             2315 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 10                                  Attorney          800 339-4618 Gen
Pty   10     ALLEN, BEVERLY                    GRIFFITH, D JOE                  
             2310 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 11                                  Attorney          800 339-4618 Gen
Pty   11     LEWIS, CAROLYN                    GRIFFITH, D JOE                  
             1914 25TH STREET                  144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 12                                  Attorney          800 339-4618 Gen
Pty   12     ZOELLNER, DAVID                   GRIFFITH, D JOE                  
             2306 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 13                                  Attorney          800 339-4618 Gen
Pty   13     ZOELLNER, SUE                     GRIFFITH, D JOE                  
             2306 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 14                                  Attorney          800 339-4618 Gen
Pty   14     MCQUINLEY, MACK                   GRIFFITH, D JOE                  
             2306 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 15                                  Attorney          800 339-4618 Gen
Pty   15     GULKER, GREG                      GRIFFITH, D JOE                  
             2635 SHAWNEE RD                   144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 16                                  Attorney          800 339-4618 Gen
Pty   16     HUNT, BOB                         GRIFFITH, D JOE                  
             2311 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 17                                  Attorney          800 339-4618 Gen
Pty   17     HUNT, PRISCILLA                   GRIFFITH, D JOE                  
             2311 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 18                                  Attorney          800 339-4618 Gen
Pty   18     CRAPYOU, ANGELO                   GRIFFITH, D JOE                  
             2301 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 19                                  Attorney          800 339-4618 Gen
Pty   19     JOHNSON, KYLE BRUCE               GRIFFITH, D JOE                  
                                               144 E MAIN ST P O BOX 667        
             2314 GRANDVIEW AVENUE             LANCASTER OH 43130               
             PORTSMOUTH       OH  45662                                         
                                                                                
Plaintiff 20                                  Attorney          800 339-4618 Gen
Pty   20     JOHNSON, BONNIE                   GRIFFITH, D JOE                  
             2314 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Plaintiff 21                                  Attorney          800 339-4618 Gen
Pty   21     NELSON, SHEILA                    GRIFFITH, D JOE                  
             2329 GRANDVIEW AVENUE             144 E MAIN ST P O BOX 667        
             PORTSMOUTH       OH  45662        LANCASTER OH 43130               
                                                                                
Defendant 1                                                                     
Pty   22     CITY OF PORTSMOUTH                                                 
             MUNICIPAL BUILLDING                                                
             728 SECOND ST RM 1                                                 
             PORTSMOUTH       OH  45662                                         
                                                                                
________________________________________________________________________________
                                                                         Actions
     Date     Description                                                       
--------------------------------------------------------------------------------
     12/29/04                                                      FILING       
              COMPLAINT WITH JURY DEMAND                                        
     12/29/04                                                      ISSUANCE     
              SUMMONS ISSUED WITH CERT COPY OF COMPLAINT                        
              TO CITY OF PORTSMOUTH BY CERTIFIED MAIL 
Copied and published by Austin Leedom, Shawnee Sentinel Reporter at 6:45 p.m. Thursday, December 30, 2004                          

Is City Deficit to Deepen?
Written and published by Shawnee Sentinel Reporter Austin Leedom 1:15 a.m. Wednesday, December 28, 2004.
The Shawnee Sentinel has received information that the suit against Portsmouth Police Chief Charles Horner and the City of Portsmouth by former Police Officer Steven Nagel was settled yesterday, December 28, 2004 by a court ordered agreement. This information has not been confirmed.
According to our information Officer Nagel is to receive money for loss of pay, and other damages. He is to be restored to his position as Police Patrolman. Also the attorneys for the plaintiff and for the defendants will be paid from city funds.
As you can read from the Court Docket Sheets published below, this case has been in the courts for fourteen months.
Apparently the Common Pleas Court decision was against Chief Horner and the City of Portsmouth. This decision was appealed, and now the appeal is lost.
The City of Portsmouth is going to pay big dollars for this one if our information is correct. There are two more legal actions now pending against Police Chief Charles Horner. Our inside information on the next two suits against Chief Horner indicates that he and the City of Portsmouth will also lose these cases.
How many big dollar losses can the city withstand? Already Mayor Jim Kalb is planning to raise fees for city services. Total costs to the city on these cases could run into the hundreds of thousands of dollars.
The next case that the City of Portsmouth and Police Chief Charles Horner face is the suit filed by New Boston Police Sergeant Matthew Powell. This is a connected case with the Nagel suit. Nagel was a friend of Sergeant Powell.  Sheriff Marty Donini is also listed as a defendant in this case.
Powell’s difficulties started when he began asking about missing drug money that had been confiscated. Nagel’s troubles began when it was found he was a friend of Sergeant Powell. Chief Horner could not fire Sergeant Powell, a New Boston officer, but he did fire Portsmouth Police Patrolman Steven Nagel.
Chief Horner, joined by Sheriff Marty Donini, had begun unlawful actions against Sergeant Powell. When the Sentinel reporters began asking about the missing drug money Chief Horner and Sheriff Donini disbanded the notorious Drug Task Force in May of 2003.
Both the Sheriff and the Chief of Police used departmental equipment and time in their attempt to get rid of Sergeant Powell. Both the Sheriff and the Chief of Police have failed to make proper reports on drug money and other seized items to the Office of the Attorney General as the law requires and both have refused to account for money as required by law. Where is the money? The Sheriff and the Portsmouth Chief of Police have repeatedly denied requests for public information by Sentinel reporters, in violation of the Sunshine Law.
Also, the Sheriff has received over $200,000 in Furtherance of Justice Funds since he took office. He refuses to make a proper accounting to the public as he is required to do. Where’s the money, Marty? What did you do with it?
Perhaps we will learn more when the suit filed by New Boston Police Sergeant Matthew Powell against Chief Horner is heard. A trial is to be held beginning Monday, the 24th of January, 2004 in the Common Pleas Court of Judge Howard H. Harcha III. The Judge has allotted five days for this trial.
Published below is a copy of the Common Pleas Court Docket Sheets in the Nagel v. Police Chief Charles Horner case as copied from the Scioto County Clerk of Courts Office:
D O C K E T S H E E T
________________________________________________________________________________

Dec 28, 2004             Scioto Court of Common Pleas                 Page     1

10:37 pm       D O C K E T  S H E E T    for 03CIC00081                        

                    STEVEN NAGEL  vs.  CHARLES HORNER, et al                   

________________________________________________________________________________

Date Filed: 10/20/03                    Style: SE NAGEL/CH HORNER              

                      Judge      : 2                                           

                                                                               

Action    : OTHER TORTS                                                        

________________________________________________________________________________

Judge        Howard H. Harcha III             Judge                            

                                                                               

Plaintiff 1                                   Attorney          614 866- 666 Gen

                                                                614 766-1203 Fax

Pty    1     NAGEL, STEVEN                     BANKS, JAMES H                  

             % PORTSMOUTH POLICE DEPT          P O BOX 40                      

             728 SECOND STREET                 DUBLIN OH 43017                 

             PORTSMOUTH       OH  45662                                        

                                                                               

Defendant 1                                   Attorney          513 583-4208 Gen

Pty    2     HORNER, CHARLES                   BARBIERE, LAWRENCE E            

             H(INDIVIDUALLY)                   11935 MASON ROAD STE 110        

             728 SECOND STRET                  CINCINNATI OH 45249             

             PORTSMOUTH       OH  45662                                        

                                                                               

               AKA: CHIEF OF PORTSMOUTH POLICE DEPT.                           

                                                                               

                                              Attorney          513 583-4200 Gen

                                                                513 583-4203 Fax

                                               PATTON, JAY D                   

                                               11935 MASON ROAD, STE 110       

                                               CINCINNATI OH 45249             

                                                                               

Defendant 2                                   Attorney          513 583-4208 Gen

Pty    4     PORTSMOUTH POLICE DEPT-CITY       BARBIERE, LAWRENCE E            

             OF PORTSMOUTH OH                  11935 MASON ROAD STE 110        

             % MAYOR GREGORY BAUER             CINCINNATI OH 45249             

             PORTSMOUTH       OH  45662                                        

                                                                               

                                              Attorney          513 583-4200 Gen

                                                                513 583-4203 Fax

                                               PATTON, JAY D                   

                                               11935 MASON ROAD, STE 110       

                                               CINCINNATI OH 45249             

                                                                               

________________________________________________________________________________

                                                                         Actions

     Date     Description                                                      

--------------------------------------------------------------------------------

     10/20/03                                                      FILING      

              COMPLAINT WITH JURY DEMAND.                                      

     10/20/03                                                      ISSUANCE    

              SUMMONS ISSUED WITH CERT COPY OF COMPLAINT TO DEFTS              

              BY CERTIFIED MAIL.                                               

     10/24/03                                                      SERVICE     

              RETURN RECEIPT FILED.  SERVED                                    

              PORTSMOUTH POLICE DEPT S-J MARTIN 10-22-03                       

              CHARLES HORNER, CHIEF PORTSMOUTH POLICE DET - S-J MARTIN         

              10-22-03                                                         

     10/30/03                                                      FILING      

              ANSWER OF DEFTS TO PLFT'S COMPLAINT; PORTSMOUTH POLICE           

              DEPT/CITY OF PORTSMOUTH OH & CHARLES HORNER, CHIEF OF            

              POLICE FOR THE CITY OF PORTSMOUTH                                

     12/11/03                                                      FILING      

              NOTICE OF HEARING.                                               

              STATUS CONFERENCE; BEFORE JUDGE HARCHA ON 1-22-04 AT             

              1:45PM                                                           

     01/27/04                                                      ORDER       

              JUDGMENT ENTRY (PRE TRIAL ORDER) SETTING DATES AND               

              DISCOVERY DEADLINES.                                             

              257/173                                                          

     01/28/04                                                      FILING      

              NOTICE OF HEARING.                                               

              PRETRIAL CIVIL; BEFORE JUDGE HARCHA ON 5-20-04 AT 11:15AM        

              PRETRIAL CIVIL; BEFORE JUDGE HARCHA ON 11-15-04 AT 1:00PM        

              JURY TRIAL 3 DAYS; BEFORE JUDGE HARCHA ON 12-13-04 AT            

              9:00AM                                                           

     02/26/04                                                      FILING      

              NOTICE OF SERVICE OF PLFT'S ANSWERS TO PORTSMOUTH DEFTS'         

              FIRST SET OF INTERROS AND REQUEST FOR PRODUCTION OF              

              DOCUMENTS ON 2-24-04                                             

     03/04/04                                                      FILING      

              NOTICE OF SERVICE OF PLFT'S FIRST SET OF INTERROGATORIES         

              AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFTS UPON           

              COUNSEL FOR DEFTS ON 2-26-04                                     

     03/18/04                                                      FILING      

              NOTICE OF TAKING OF DEPOSITION                                   

              WITNESS TO BE DEPOSED: STEVEN E NAGEL                            

              DATE/TIME: APRIL 2 2004 AT 10:00AM                               

              PLACE DEPO IS TO BE TAKEN: DAVID W KUHN ESQ                      

     04/19/04                                                      FILING      

              DEFTS' DESIGNATION OF EXPERT WITNESSES                           

     06/15/04                                                      FILING      

              MOTION FOR LEAVE TO FILE AMENDED COMPLAINT BY PLFT               

     06/21/04                                                      CT ORDER    

              JUDGMENT ENTRY; UPON MOTION OF PLFT AND FOR SUFFICIENT           

              CAUSE SHOWN PLFT IS HEREBY GRANTED LEAVE TO FILE HIS             

              AMENDED COMPLAINT                                                

              262/59                                                           

     07/12/04                                                      FILING      

              ANSWER OF DEFTS TO PLFT'S AMENDED COMPLAINT                      

     07/12/04                                                      FILING      

              DEFTS' MOTION FOR SUMMARY JUDGMENT                               

     07/20/04                                                      ORDE        

              JUDGMENT ENTRY. IT IS THE ORDER OF THIS COURT THAT THE           

              MOTION FOR SUMMARY JUDGMENT BE AND HEREBY IS SCHEDULED FOR       

              NON-ORAL HEARING BEFORE THE COURT.  NO ORAL ARGUMENT WILL BE     

              HEARD. NEITHER PARTIES NOR THEIR ATTORNEYS NEED APPEAR           

              MEMORANDUMS IN SUPPORT OF OR OPPOSITION TO SAID MOTION SHALL     

              BE FILED WITH A COPY DELIVERED TO THE COURT IN CHAMBERS AT       

              THE TIME OF FILING. IT IS SO ORDERED.                            

              MOTION OF : PLFT'S                                               

              HEARING DATE: 8-12-04 AT 8:00AM                                  

              MEMORANDUMS DUE: ON OR BEFORE 8-11-04 AT 4:00PM                  

              262/235                                                          

     07/22/04                                                      FILING      

              NOTICE OF HEARING.                                               

              SUMMARY JUDGMENT- NO HEARING; BEFORE JUDGE HARCHA ON             

              8-12-04 AT 8:00AM                                                

     08/09/04                                                      FILING      

              MOTION FOR ENLARGEMENT OF TIME BY PLFT                           

              (FAXED COPY)                                                     

     08/10/04                                                      CT ORDER    

              JUDGMENT ENTRY; UPON MOTION OF PLFT AND FOR GOOD CAUSE           

              SHOWN, PLFT IS HEREBY GRANTED AN ENLARGEMENT OF TIME UNTIL       

              8-31-04 IN WHICH TO RESPOND TO DEFTS' MOTION FOR                 

              SUMMARY JUDGMENT                                                 

              265/110                                                          

     08/16/04                                                      FILING      

              (ORIGINAL) DEPOSITION OF STEVEN N NAGEL ON 4-2-04 AT             

              11:06AM (TYPED)                                                  

     08/16/04                                                      FILING      

              NOTICE OF FILING OF DEPOSITION TRANSCRIPT; OF PLFT STEVEN N      

              NAGEL ON APRIL 2, 2004 IS BEING FILED CONCURRENTLY WITH THE      

              FILING OF THIS NOTICE                                            

     08/30/04                                                      FILING      

              PLAINTIFF'S MEMORANDUM CONTRA DEFENDANTS' MOTION FOR             

              SUMMARY JUDGMENT W/MEMORANDUM IN SUPPORT.                        

     09/09/04                                                      FILING      

              DEFTS' REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY         

              JUDGMENT                                                         

     11/08/04                                                      FILING      

              PLFT'S PRETRIAL STATEMENT                                        

     11/08/04                                                      FILING      

              DEFTENDANT'S PROPOSED JURY INSTRUCTIONS                          

     11/08/04                                                      FILING      

              DEFENDANTS' PRETRIAL STATEMENT                                   

     11/15/04                                                      FILING      

              NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL                       

              IN ADDITION TO LAWRENCE E BARBIERE, JAY D PATTON OF THAT         

              SAME LAW FIRM HEREBY ENTERS HIS APPEARANCE AS ADDITIONAL         

              COUNSEL FOR DEFENDANTS PORTSMOUTH POLICE DEPARTMENT/CITY         

              OF PORTSMOUTH OHIO AND CHARLES HORNER CHIEF OF POLICE,           

              CITY OF PORTSMOUTH IN THE WITHIN ACTION.                         

     12/08/04                                                      CT ORDER    

              DECISION AND JUDGMENT ENTRY                                      

              VOL 268 PG 208                                                   

     12/08/04                                                      ISSUANCE    

              ISSUED A CERTIFIED COPY OF DECISION AND JUDGMENT ENTRY           

              TO COUNSEL OF RECORD BY REG U S MAIL-ENVELOPES WERE              

              PROVIDED BY COURT W/POSTAGE.                                     

     12/09/04                                                      FILING      

              NOTICE OF APPEAL BY PORTSMOUTH POLICE DEPARTMENT/CITY            

              OF PORTSMOUTH OHIO AND CHARLES HONER, CHIEF OF POLICE            

              FOR THE CITY OF PORTSMOUTH OHIO- CASE # 04CA-2975  


D O C K E T S H E E T
________________________________________________________________________________

Dec 28, 2004             Scioto Court of Common Pleas                 Page     1

10:24 pm       D O C K E T  S H E E T    for 04CA002975                        

                  CHARLES H HORNER, et al  vs.  STEVEN E NAGEL                 

________________________________________________________________________________

Date Filed: 12/09/04                    Style: HORNER-PORTS POL/NAGEL          

                      Judge      : 3                                           

                                                                               

Action    : APPEAL- 03-CIC00081                                                

________________________________________________________________________________

Judge        Court of Appeals Judge           Judge                            

                                                                               

Plaintiff 1                                   Attorney          513 583-4208 Gen

Pty    1     HORNER, CHARLES H                 BARBIERE, LAWRENCE E            

             728 SECOND STREET                 11935 MASON ROAD STE 110        

             PORTSMOUTH       OH  45662        CINCINNATI OH 45249             

                                                                               

               AKA: CHIEF OF PORTSMOUTH POLICE DEPARTMENT                      

                                                                               

Plaintiff 2                                   Attorney          513 583-4208 Gen

Pty    3     PORTSMOUTH POLICE DEPT-CITY       BARBIERE, LAWRENCE E            

             OF PORTSMOUTH OHIO                11935 MASON ROAD STE 110        

             728 SECOND ST                     CINCINNATI OH 45249             

             PORTSMOUTH       OH  45662                                        

                                                                               

Defendant 1                                   Attorney          614 866- 666 Gen

                                                                614 766-1203 Fax

Pty    4     NAGEL, STEVEN E                   BANKS, JAMES H                  

             728 SECOND STREET                 P O BOX 40                      

             PORTSMOUTH       OH  45662        DUBLIN OH 43017                 

                                                                               

________________________________________________________________________________

                                                                         Actions

     Date     Description                                                      

--------------------------------------------------------------------------------

     12/09/04                                                      FILING      

              NOTICE OF APPEAL OF C H HORNER,CHIEF OF POLICE CITY OF           

              PORTSMOUTH OH, PORTSMOUTH POLICE DEPT, CITY OF PORTSMOUTH        

              OHIO.                                                            

     12/09/04                                                      FILING      

              CIVIL CASE DOCKET STATEMENT- NO TRANSCRIPT TO BE FILED.          

              (NATURE OF CASE GOVERNMENTAL IMMUNITY)                           

     12/09/04                                                      FILING      

              STATEMENT OF ASSIGNMENT OF ERRORS-DEFENDANTS-APPELLANTS          

              HAVE NOT ORDERED THE ENTIRE TRANSCRIPT OF PROCEEDINGS.           

     12/10/04                                                      ISSUANCE    

              ISSUED NOTICE OF APPEAL, CIVIL CASE DOCKET STATEMENT,            

              STATEMENT OF ASSIGNMENT OF ERRORS TO ATTY JAMES H BANKS          

              FOR APPELLEE BY CERTIFIED MAIL.                                  

              (4) COPIES OF NOTICE OF APPEAL-CIVIL CASE DOCKET &               

              STATEMENT OF ASSIGNMENT OF ERRORS TO COURT OF APPEALS.           

     12/20/04                                                      SERVICE     

              RETURN RECEIPT FILED.  SERVED                                    

              JAMES H BANKS; S-NINA ? 12-17-04                                 

     12/20/04                                                      FILING      

              NOTICE OF TRANSMISSION TO COURT OF APPEALS -NO TRASCRIPT.        

     12/20/04                                                      ISSUANCE    

              ISSUED A COPY OF NOTICE OF TRANSMISSION OF RECORD                

              TO COUNSEL OF RECORD BY CERTIFIED MAIL.                          

                                                                               

              (4) COPIES TO COURT OF APPEALS.                                  

     12/27/04                                                      SERVICE     

              RETURN RECEIPT FILED.  SERVED                                    

              JAMES H BANKS; S-NINA NAJAR 12-22-04                             


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CITIZENS WIN DECISION
Police Chief Charles Horner was right when he reported the purchase of the Marting building to Clay Johnson was illegal.  Ohio Attorney General overlooked violations.  BCI&I investigation was a farce.
 
Wednesday, November 24, 2004 at 9:30 p.m.

COMMON PLEAS COURT JUDGE WILLIAM T. MARSHALL RULES MARTING PURCHASE INVALID

The following is a copy of the decision and order:

IN THE COURT OF COMMON PLEAS

SCIOTO COUNTY, OHIO

GENERAL DIVISION

CASE NO. 04 CIH-110

TERESA MOLLETTE, et al

Plaintiffs,

VS.

PORTSMOUTH CITY COUNCIL

Defendants

This matter comes before the Court upon Plaintiffs’ and Defendant’s Motions for Summary Judgment. This Court on September 30, 2004 converted Defendant’s Motion for Judgment on the Pleadings to Motion for Summary Judgment.

The Court having reviewed the entire file herein finds that Plaintiffs filed a Complaint against the City Council of Portsmouth alleging that the passing of Ordinance 63-02 violated the "Sunshine Law", Revised Code section 121.22.

The facts are as follows: Sometime in early 2002, Mayor Greg Bauer approached members of the Portsmouth City Council about the City’s purchase of the Marting’s Brothers Company property in downtown Portsmouth.  On unstated dates, members of City Council met at local attorney Clay Johnson’s office in groups of three during which a tour of the Marting’s Brothers building was conducted by Council members. Attorney David Kuhn, attorney for Portsmouth City Council, stated on the record in the hearing of September 30, 2004, members met in groups of three for an information gathering, however, a review of the depositions of the City Council persons reveal that the City Council’s members met in groups of three to avoid the "Sunshine Law." For example, James D. Kalb, Sr. testified in his deposition when questioned,

"Do you recall there being a discussion that it wouldn’t be a good idea to have more that three at a time because it could be construed as being a meeting?" Answer: "That’s what was on everybody’s mind. At any time when there are more than three Council members present, you know, that is one of the three criteria involved for the "Sunshine Law."’

Question: "One of the purposes of doing it three and three is not to be construed as having a meeting?" Answer: "I would say."

On April 8, 2002, Portsmouth City Council held a regular session in the Council chambers. A review of the minutes of that meeting indicates that the purchase of the Marting’s building was not discussed in public by the City Council.

On April 17, 2002 Mayor Greg Bauer sent a memo to the City Council with the stated intent of the memo, "to bring you up-to-date with the Marting’s proposal and what has transpired since our tour of the building." The memo notes that the appraisal and schedules for the building were included in the Council’s packet for the April 8, 2002 meeting. However, as noted above, there was no public discussion on April 8, 2002 by the City Council regarding the Martings’ building.

On April 22, 2002, a City Council meeting was held.  The agenda for the meeting did not mention the Marting’s building.  Minutes of the April 22 meeting reflect that after the call to order and Pledge of Allegiance, Vice-President Ray Pyles made a motion to recess "into Executive Session to discuss the purchase of property for the City." Thereafter, the Council members went into Executive Session and out of view of the public.  At the end of the Executive Session, the public meeting was reconvened, and Vice-President Pyles made a motion to add to the Agenda an order that would authorize the Mayor to negotiate a real estate purchase agreement with the Marting’s Brothers Foundation.

A review of the Minutes reflect that there were no questions or comments and Council voted six to nothing to add the ordinance to the Agenda.  Thereafter, the Clerk gave the first reading to ordinance, but Vice President Pyles subsequently moved to suspend the rule requiring the ordinance to be read on three separate dates.  The Motion passed six to nothing and the charter rules stipulating that three readings of legislation be required were suspended.

Ordinance 53-02 was passed six to nothing without any public discussion by Council.

On May 13, 2002, City Council held another meeting. The Minutes reflect that the Marting’s building was not discussed.  The record also reflects that immediately following the Council meeting of May 13, a "Conference Meeting" was held by the Council members to discuss pending legislation that would be on the next Council Meeting Agenda.  There were no Minutes taken of the Conference Meeting.

On May 29, 2002, Minutes of the meeting reflect that Councilman Baughman, acknowledging a request from the Mayor, "moved to add legislation providing for the issuance of a two million dollar City Hall Acquisition Bonds Anticipation Notes." Again, there were no questions or comments the Motion carried five in favor and zero against, (one member was absent).  Legislation was added to the Agenda as "Item K." The Clerk then gave first reading to an ordinance authorizing the Mayor of the City of Portsmouth, Ohio to enter into a real estate purchase agreement for the purchase of the Marting’s Brothers Company for certain property located as described in the real estate purchase agreement in an amount not to exceed $2,000,000 to be paid for from the proceeds of the Bond Anticipation Notes appropriated into the building fund 3003.115.513.  Councilman Baughman moved to suspend the rule requiring ordinances to be read on three separate dates.  There were no questions or comments and roll was called. The vote was five to nothing and the rule was suspended.  Councilman Baughman then made a motion to pass the ordinance. There were no questions or comments and roll was called with five in favor and zero against.  The Ordinance, number 63-02, was passed.

The Court finds that his cause of action does arise under section 121.11 of the Revised Code, commonly referred to as the "Sunshine Law," and that this cause of action was filed  within the two-year Statute of Limitations.  The one year statute of limitations is superceded by the two year statute of limitations set forth in the "Sunshine Law." applies because that statute declares any legislative action invalid which falls within its purview.

The Court further finds, based upon the depositions and the parties who testified herein, that City Council’s pre-arranged back-to-back meetings with Attorney Clay Johnson, who represented the Marting’s Foundation, violated the "Sunshine Law."  While it is true that the Minutes of the May 29, 2002 Council meeting demonstrate that ordinance 63-02 was enacted in open session, it is clear that the adoption of the ordinance resulted from deliberations conducted in meetings not open to the public. ouncil first violated the "Sunshine Law" by assembling "in private" in groups of three in the attorney’s office who was representing the Marting’s Foundation.

The ordinance enacted at the May 29th Council Meeting was clearly the result of a pre-arranged vote by the members of Council, agreed to prior to the meeting. The ordinance was submitted and voted upon without any discussion by the members of Council or any one else.

To compound the matter, they then suspended the three readings requirement, thus precluding any possibility of public discussion.

The Ohio Supreme Court held in the case of State ex rel Cincinnati Post v Cincincinnati (1996), 76 Ohio.St.3d 540 that the Cincinnati City Council held regular and special meetings which were open to the public except during Executive Session. Executive Sessions were held in private and not recorded. In June of 1995, the City Manager called three sets of back-to-back meetings between the City Manager and Council members. The Supreme Court of Ohhio summarized the meetings as follows:

The same procedure applied to each set. The City Manager’s administrative assistant scheduled the meetings so that in no session would there be a majority of Council members. In depositions, the City Manager testified that "the reason for having fewer than a majority of members at Council at a meeting is so that we wouldn’t violate Ohio’s open meetings law." The City manager testified tht he understood that if a majority of Council met to discuss possible business, and the public was excluded, the meeting would violate Ohio’s "Sunshine Law." All of the meetings were held in the City manager’s office and the county’s proposal for building new stadiums was discussed at all of these sessions."

The Supreme Court held that Council’s back-to-back meetings, which, taken together, were attended by a majority of Council members, violated the provisions of section 121.22 of the Revised Code, the "Sunshine Law." According to the Court, the "Sunshine Law" "prevents such maneuvering to avoid it clear intent." According to the Court, back-to-back sessions discussing exactly the same public issues can be construed as two parts of the same meeting. The Supreme Court likened the back-to-back meetings to "legislative musical chairs" that attempted to ignore the legislative intent of the statute.

It is clear that the City charter, as amended, attempts to authorize Council to consider the purchase of property for public purpose in Executive Session.  It is also clear that the charter requires that "citizens of the City shall have a reasonable opportunity to be heard at any such meeting."

While that requirement was not met at the May 13th "Conference Meeting" and that that fact alone would militate against the validity of the ordinance, the exclusion of any public discussion of the purchase at the regular meeting, the suspension of the three-readings requirement, coupled the "sham" meetings held to circumvent the "Sunshine Law" requires this Court to hold that ordinance 63-02 is invalid.

All parties agree that if Section 4 of the City charter conflicted with the revised code section 121.22 on the issue of Executive Session that the charter would prevail. In 1989, section 4 of the Portsmouth City Charter was modified adding to it that the public meeting requirement is, "subject to the provisions of the open meeting law of the Ohio Revised Code."

Inasmuch as it is not contested that the City Charter must prevail over the Section 121.22, the Court finds that the clear meaning of Section 4 is that, although it make reference to section 121.22 of the revised code which allows Executive Sessions, the charter language clearly states that the rules of the Council shall provide that citizens of the City have a reasonable opportunity to be heard at any such meeting in regard to any matter considered thereat.

Defendant asserts that with RC 121.22 (I)(1) the Plaintiffs do not seek in this Complaint to compel Council to comply with the "Sunshine Law." They do not ask the Court to "issue an injunction to compel the members of the public body to comply with its provisions." The Court finds that to not be the sole remedy therein for the reason are RC 121.22 (I) further goes on to state that, "A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule or formal actions adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid…"

Based upon the foregoing, the Court finds that there remains no genuine issues as to any material facts and that Plaintiffs are entitled to judgment as a matter of law. Defendants have violated the City charter and the "Sunshine Law" and ordinance 63-02 if therefore invalid.   This Court rules and states that the contract between the City of Portsmouth and Marting’s Foundation is invalid because the resolution, rule, or formal action adopted in the open meeting was the result of deliberations not open to the public.

It is THEREFORE ORDERED that the deed recorded in the Scioto County Record of Deeds recorded in Volume 971 at Page 448 be set aside and held for naught and that the City of Portsmouth shall retain an equitable charge and a valid encumbrance and lien in the said property for the purchase price thereof in the sum of $2,000,000. There being no just reason for delay, this is a final appealable order.

SO ORDERED

 

________________________________

WILLIAM T. MARSHALL, JUDGE

James D. Truman, 2043 Sixth Street, Portsmouth, Ohio is scheduled to appear before Scioto County Common Pleas Court Judge Howard H. Harcha III in a pre-trial criminal hearing September, 21 2004.

Mr. Truman was secretly indicted on September 26, 2003 on a charge of ILLEGAL PROCESSING A DRUG DOCUMENT (F4).

FROM SENTINEL FILES, ONE YEAR AGO

(Posted by Austin Leedom 3:00 a.m. on September 18, 2004)

EVELYN HOWARD MURDER SOLVED

WITH ASSISTANCE OF SENTINEL

Chief Detective accused Sentinel of harming investigation.

By Doug Deepe, Milo Shoveler, HM Murdock and Special Undercover Investigator Benjamin Dover

(posted 1:00 p.m. Tuesday, September 16, 2003)

On April 3, 2003, the Sentinel published a story about a possible "serial killer" being involved with the murder of Evelyn Howard. This story was written after an extensive investigation by a Sentinel reporter into new evidence that we had found.

The Sentinel has information that there is a second killer involved in the Evelyn Howard murder. Where is the second killer, Detective Blair?

The Scioto County Sheriff’s Office had spent five years and four months by April of 2003 looking for the killer(s) of Evelyn Howard with no success.

The Sentinel has aggressively pursued this homicide case for the last four years and has interviewed many individuals that the Scioto County Sheriff’s Office failed to interview in their investigation of the Evelyn Howard murder.

Those interviews began paying off with excellent leads.

Earlier this month in an article written by Reporter Austin Leedom, the Sentinel was the first to report that a man in jail (Danny Payton) was the man that could be linked to the murder of Evelyn Howard.

Sentinel reporters had discussed murders across the State of Ohio with other law enforcement agencies and had confirmed that DNA evidence existed that linked a murder in Fayette County, Ohio with the Evelyn Howard murder.

The Scioto County Sheriff’s Office sat on that information for years without making a move on the suspect. The Sheriff did not notify the public that there was a serial killer in the area.

It wasn’t until the Sentinel reported to the public that we knew who the killer was that Chief Investigator Hughie Blair sought a murder charge against Daniel Payton.

Daniel Payton was the next door neighbor of Evelyn Howard when Mrs. Howard was killed over five and a half years ago.

A relative of Evelyn Howard was first informed of the possible link between Daniel Payton and the death of the elderly lady by the Sentinel, on Friday, the 5th of September, after we confirmed Danny Payton had been indicted on charges of raping a twelve-year-old girl.

A daughter of Evelyn Howard was shown our investigative documents three days before we published our story on this website about the possible connection of Danny Payton with the murder. The Sentinel published this information on Monday, the 8th of September.

Five days later the Scioto County Sheriff’s Office announced a link to Danny Payton to the Portsmouth Daily Times. Reporter Mark Shaffer's article on the murderer, Daniel Payton, was printed on Saturday, the 13th of September in the Daily Times

In February 2003, a message from the Sentinel was left with the Sheriff's Office that Danny Payton was a likely suspect in the murder, according to a Sentinel reporter who is currently working out of town. This call was apparently ignored by the Sheriff's Office.


A daughter of Mrs. Howard and one of her bosses reviewed our information and were shocked to see that the Danny Payton, our murder suspect, lived right next door to her mother. The daughter had never before been shown this information.

The Scioto County Sheriff’s Office went through at least four different investigators on this case, including Chief Detective Hughie Blair.

Chief Detective Hughie Blair, according to the daughter of Evelyn Howard, was a "pillar of strength to her and her family" during the years after her mothers death, yet Detective Blair didn’t tell the daughter about Payton being the killer until the Sentinel broke our story.


Detective Blair went to the daughter of Mrs. Howard and told the daughter that the Sentinel almost destroyed the case against Daniel Payton.

Chief Detective Blair needs to apologize to the Sentinel. Instead of criticizing us, a simple "thank you" will suffice.

With our little resources we solved a murder for your office.

It is our evidence that has helped linked these other murders together, not your investigation, Detective Blair.

Hughie, you had five years and nine months of investigation time to talk to the next door neighbor. What took you so long?

Explain to the public Detective Blair how the Sentinel could affect a murder case with the guilty man sitting in prison in Orient, Ohio? Where was Payton going?

It appears that Sentinel stories possibly led you to Daniel Payton. Again, just say thanks to us; the murder is solved and a serial killer is off the street.

Yesterday the Sentinel contacted a law enforcement agency north of Scioto County and furnished information to the Sheriff of that county that there may be evidence linking a murder in that county with evidence here in Scioto County. No details will be published on this until the lawmen in both counties have an opportunity to make their investigation. This is a third murder, and the Sentinel has information that indicates there was a second person involved in the murder of Nellie Evelyn Howard in Eden Park, Ross County.

Chief Detective Hughie Blair and the Scioto County Sheriff’s Office had not contacted that law enforcement agency as of yesterday to come check out the evidence.

After the conviction of Danny Payton, maybe Chief Detective Blair could ask the Crime Stoppers to release the reward money, for the tip leading to Payton’s arrest to the Sentinel. The Sentinel is aware that the Howard family has a $7,500.00 reward offered to the public. The Sentinel wants the Howard family to know we would never take their money. They have suffered too much, already.

If anyone tries to claim the $7,500 from the family of Evelyn Howard the Sentinel will fight them because we know for certain that the Sentinel investigative reporters helped solved this murder whether Chief Detective Blair, Sheriff Marty Donini or anyone else wants to admit it.

Detective Blair, and the Scioto County Sheriff’s Office didn’t make a move to charge Daniel Payton with murder until after we printed the article in the Sentinel on Monday, the 8th of September, 2003.

Check the dates of our numerous stories written about the Evelyn Howard murder since November, 1997. An extensive article by Austin Leedom was printed in the hard-copy issue of the Shawnee Sentinel in October, 1998. In that issue information that should have been made public, but was curiously kept secret by Sheriff Marty Donini, was revealed.

Maps and other items were published in the Shawnee Sentinel newspaper in the October, 1998 issue. A likely connection with a third murder, in another county, was exposed by the Sentinel at that time. To our knowledge, the Scioto Sheriff took no action to investigate the connection with the other murder.

The Shawnee Sentinel has pursued the mysterious slaying of Evelyn Howard, and also of several other unsolved murders, that have occurred during the present Sheriff's administration.

Our interest in this, and several other recent unsolved Scioto County murders, is inspired by the secrecy, and incompetence of the present Sheriff. There are many, many unsolved murders in Scioto County since Marty Donini took office in January 1997.

Sheriff Donini has shown little interest in investigation of murders, or other crimes. He has said, "Give the people enough time and they will forget anything."

Our previous Sheriff, Jim Sutterfield served four years, was called to investigate eight murders in his four-year span. He solved all eight murders, most of them within days. He left the Sheriff's Office with a clean record.

Take a lesson from the previous Sheriff, Marty. You cannot usually solve murders by having detectives working on nine-to-five hours work days.

Let’s compare notes publicly, or in court, if you doubt this story.

D D

Shawnee Sentinel update – one year later, September 16, 2004

On February 13, 2004 Daniel Payton was sentenced to a prison term of 30 years to life on three counts of rape of a child by Common Pleas Court Judge Howard H. Harcha III. These crimes were committed in July, 2003.

In the Murder Case:

On the 27th of April, 2004 Daniel Payton was indicted on two charges:

(1.) AGGRAVATED MURDER and (2.) RAPE.

Daniel Payton, presently confined in state prison, will be brought before Scioto County Common Pleas Court Judge Howard H. Harcha III in proceedings to answer to these charges on the 24th of September 2004.

(Posted by Austin Leedom on September 18, 2004)

MARTINGS BROTHERS COMPANY IN COURT

 

(Written at 12:30 a.m. Monday, August 23, 2004 by Austin Leedom)

Martings Brothers Company and co-defendant Marie Glickert of 486 Hammerstein Road, Wheelersburg were sued on September 30, 2002 by Tonya R. Lawson of Otway in Common Pleas Court for money damages.

Today, Monday, August 23, 2004, the case is scheduled for trial by jury before the Honorable Judge William T. Marshall at 9:00 a.m. in Scioto County Common Pleas Court.

There was no trial. This case was settled out of court before trial time. (Written at 1:00 a.m., Tuesday, August 24, 2004.

 WHY IS UNIVERSITY LAWYER SITTING AS PORTSMOUTH MUNICIPAL COURT JUDGE?  "It's legal,  but I can't remember under what section." says Judge Richard Schisler

 


 

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