State v. Sanders
Hospitals & Asylums
IN THE OHIO SUPREME COURT
FROM THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
ANTHONY J. SANDERS, : CLAIMED APPPEAL OF RIGHT
BY LEAVE t.p.HA-1-5-07
Prose Plaintiff :
APPEAL NO. C-070527
vs. : TO SEAL RECORDS RC 2953-52
STATE OF OHIO, : AFFIDAVIT OF INDIDGENCY
Defendant : Tuesday July 17, 2007
Criminal Appeal by Leave of Magistrate Amy Searcy May 1, 2007
Appeal of Right on Grounds that Misdemeanors May be Expunged After One Year
Petition for $10,000 for Taking the Use of Sham Legal Process to the Hogwash
TABLE OF CONTENTS AND ASSIGNMENT OF ERROR
A. Statement of Fact…………………………………………………………………….9
My record must be sealed by order of the Court as a preliminary injunction to ensure the immunity of witnesses.
Issues Presented for Review and Argument: My several misdemeanors of the last decade are outweighed by the felony (ies) of the Clerk. Action must be taken immediately to secure the November elections against the infringement of the Clerk and to protect the community from further racketeering by arranging for the name of the Judge to be on all entries and for misdemeanor/traffic offenses to be automatically expunged after 3 years with no re-offending or after five years with re-offending.
Authorities
Jerome Cambell v. Chief Justice Moyer HA-18-6-03…………………………………...12
Crim. R. 48 Dismissal……………………………………………………………………12
Order Sealing Records…………………………………………………………………….9
Sealing of Records 2953.52 ORCN……………………………………………………...12
Secretary Blackwell v. Clerk Hartmann HA-17-1-05……………………………………12
B. Procedural Posture…………………………………………………………………..13
Criminal/traffic record should entirely expunged and sealed as the result of this Motion for a Delayed Appeal by Leave of the Court.
Issues Presented for Review and Argument: A misdemeanor may be expunged after one year, and seven have passed. The expungement trial is fundamentally flawed by relegating the petitioner to the role of defendant who must bear witness against himself or herself in double jeopardy. It would be better as a plaintiff entitled to dispute my rights as a defendant. Misdemeanor and traffic offenses should be expunged automatically after one to five years, to avoid costly litigation.
Authorities
Affidavit of Indigency Form
ACLU v. NSA HA-6-7-07…………………………………………………………..14, 15
Art. 1 Sec. 10 of the Ohio Constitution……………………………………………...13, 14
Crim. R 48 Dismissal…………………………………………………………………….14
Expungement 2953.32 ORCN…………………………………………………………...13
Motion for a Delayed Appeal Rule 5 of the General Rules of Appellate Procedure…….13
Sealing of Records 2953.52 ORCN…………..………………………………………….14
Unauthorized Commercial Use of Individual’s Persona 2741.07 ORCN (A)(1)(b)…….15
C. Statement of Issues Presented for Review…………………………………………15
The Hamilton County Clerk’s records are frequently tampered with and used in sham legal processes that cause damage for which hogwash is due for the unauthorized commercial use of an individual’s persona.
Issues Presented for Review and Argument: I have standing for $5,000 settlement and merit a Judgment of the Court, requiring judges to put their name on all entries, formally allowing a plaintiff to expunge their record as a defendant, certifying CMS v. CMS a conflict, and calling for the voluntary establishment a Judicial Corrections Board. $10,000 will get this case to the Supreme Court but a Hamilton County Judgment would save the state 50%.
Authorities
Commissioner Todd Portune v. Medical Director Michael Leavitt No. 5058689257….17
Tampering with Evidence 2921-12 ORCN…………………………………………15, 16
Unauthorized commercial use of Individual’s persona 2741.07 ORCN $2,500-10,000..17 Using Sham Legal Process 2921-52 ORCN………………………………………..15, 16
D. First Assignment of Error………………………………………………………….18
The police officer who cited me in 2000 for not having a rear bumper should have taken into consideration the cost of a new rear bumper and directed me to a junkyard instead of going through the trouble of filing a ticket with the suburban Mayor’s Court.
Issue Presented for Review and Argument:. The police should not unnecessarily jeopardize citizens by burdening the court with cases that public safety requires be referred elsewhere, e.g. auto parts store or junkyard, to enforce the law.
Authorities
Doyle v. Ohio Bur. of Motor Vehicles (1990), 51 Ohio St.3d 46………………………..19
Ohio Traffic Rules……………………………………………………………………….18
Use of Sham Legal Process 2921-52 (B-1) ORCN……………………………………...18
E. Second Assignment of Error………………………………………………………..19
The suburban Mayor’s court judge’s $200 fine in 2000 was excessive, the entire cost of the new bumper, a second time. He was so discriminatory that he is very likely to have ordered someone to put sugar in the gas tank of three used cars in 2000, costing me more than my entire earnings from the 2000 Census.
Issue Presented for Review and Argument: The trial judge failed to inform me that the defendant’s payment of a fine does not constitute a waiver of the defendant’s right to file objections to the magistrate’s decision.
Authorities
Cleveland v. Martinez, 126 Ohio Misc.2d 36, 2003-Ohio-7046. March 25, 2003……...20
Crim. R 19 Defendant’s right to file objections…………………………………………20
Franklin Cir. Court, Indiana. No. 99-07IF914 (Excluded)……………………………....21
Use of Sham Legal Process 2921-52 (B-1, 2, 3) ORCN………………………………...20
F. Third Assignment of Error………………………………………………………….21
Mayor’s Courts are not Courts of Record.
Issue Presented for Review and Argument: Records of Courts not of Record, e.g. Misdemeanor and Traffic Mayor’s Courts, should either not be published by the Hamilton County Clerk or published for a short while and then automatically expunged after one to three years.
Authorities
Expungement 2953.32 ORCN …………………………………………………………..22
Crim. R 36 Clerical Mistakes in Judgment……………………………………………...22
Crim R. 55 A & D Criminal Appearance Docket……………………………………….22
Mayor’s Court Summary of 2004. Supreme Court of Ohio……………………………..22
Sealing of records 2953.53 ORCN……………………………………………………....22
G. Fourth Assignment of Error………………………………………………………..22
Perjury has always been commonplace but it was not until the elections of 2004 that I can claim to have gotten my first taste of sham legal process. It is expected that the Court, after years of tolerating chairmanship of the Republican party by the prosecutor, neglected to defend their honor against political and economic meltdown because of the wealth and power they anticipated, not really knowing or caring that those virtues are anathema to the functioning of the judiciary.
Issues Presented for Review and Argument: Should the Appeals Court wish to address the issue of separating the judicial officers from the leadership of the Republican Party or impeaching them for their infringement upon the independence of the judiciary, they are referred to the General Assembly.
Authorities
Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App. C-060269 May 30, 2007…………………………………………………………………...24
Hartman v. Good Board of Elections November 2, 2004……………………………….24
Joe Deter v. Fanon Rucker HA-2-11-04………………………………………………...23
Erpenbeck v. S. Ohio District Court HA-1-4-04………………………………………...23
Ohio Elections: Status Report of the House Judiciary Committee Staff HA-5-1-05……23
Perjury 2921.11 ORCN…………………………………………………………………..22
Prosecutor v. Mike Allen HA-25-8-04…………………………………………………..23
Prosecutor v. Joe Deters HA-30-12-05…………………………………………………23
Use of Sham Legal Process 2921-52 (B-1, 2, 4) ORCN………………………………...24
H. Fifth Assignment of Error………………………………………………………….24
Food stamps were seized on the basis of a hearing that my social worker didn’t attend because she is reported to have quit and she was not summoned to the hearing on appeal with the Commissioners, as I demanded to assure the security of her person.
Issues Presented for Review and Argument: Unconstitutional, arbitrary and capricious behavior on the part of the County gives me standing for compensation for actual damages that can be calculated to amount to $4,800 by August 2007.
Authorities
Commissioner Todd Portune v. Medical Director Michael Leavitt No. 5058689257…..25
Hearings from Administrative Appeals 2506.03 ORCN (A-2, 4)……………………….26
Smith v. Hamilton County Ohio, Ohio 1st App. No. C-060315 April 13, 2007………….25
Unauthorized commercial use of Individuals persona 2741.07 ORCN………………….26
Use of Sham Legal Process 2921-52 (B-1, 2) ORCN…………………………………...25
I. Sixth Assignment of Error…………………………………………………………...26
The Health Alliance made a major error abducting me, the author of Hospitals & Asylums, in August – September 2007, after I had complained of being poisoned to 9-11. They later proved that they were responsible for poisoning the bill on their letterhead and the burglary of evidence they thought incriminated them although my professional testimony to these thefts was far more damaging.
Issues Presented for Review and Argument: The conflict between CMS and CMS is a very dangerous phenomenon that the Court may not ignore. The Court is encouraged to prohibit the Probate Court from adjudicating the mentally ill in favor of the trials by the Mental Health Board who would reinvest the Alliance in community mental health so that their psychiatric program would not be so illegal.
Authorities
Gilreath v. Maxim Healthcare C-060647 June 20, 2007……………………………….28
Hospitals & Asylums v. Health Alliance HA-9-9-06…………………………………...26
Martin v. Christ Hospital C-060639 June 8, 2007……………………………………...28
Medical malpractice actions 2305.113(A) ORCN……………………………………...28
App R. 25 Certification of Conflict……………………………………………………..29
Owens v. Respite Center Ohio 1st App. No. C-060621 June 6, 2007…………………...28
Sanders v. Newton USDC C-98-411……………………………………………………26
Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176……27
Use of Sham Legal Process 2921-52 (B-1, 4) ORCN…………………………………..28
J. Seventh Assignment of Error………………………………………………………29
My records were tampered with to facilitate sham legal process administrating bio-terrorism.
Issues Presented for Review and Argument: Tampered evidence in my record that was expunged at the trial implicates the Prosecutor and Police Chief in facilitating the administration of bio-terrorism there is however debate as to whether they did so knowingly or were merely referenced to by the offending clerk or CMS executive.
Authorities
Cincinnati Community Corrections v. Leis and Streicher HA-8-8-04…………………31
Improper headlights/ needs a back bumper under 4513-4 ORCN C/00/TRD/14329B 05/05/2000……………………………………………………………………………....30
Improper Lights 503-1 CMCN C/01/TRD/8451 filed 3/12/2001…………………….....29
Operating a Motor Vehicle Without a License 4507-02 ORCN C/00/TRD/14329A 05/05/2000……………………………………………………………………………....30
Park Signs 755-07-28 CMCN C/96/CRB/40518 filed 11/11/1996………………….…..29
Prosecutor v. Joe Deters HA-30-12-05…………………………………………………31
Tampering of evidence 2921-12 ORCN………………………………………………....31
Use of Sham Legal Process 2921-52 (B-1, 2, 3) ORCN………………………………...32
Vending Without a License 839-5 CMCN C/99/CRB/31438 7/27/1999………………..29
Vending Without a License 0505 ORCN C/98/CRB.40385 10/04/1998……………29, 30
K. Eighth Assignment of Error………………………………………………………...32
Hamilton County is extraordinarily erroneous in passing harsh new laws and using them to justify the construction of a new jail. The County is not entitled to assistance from the state department of corrections unless they make the Agreement regarding the Application for state financial assistance to community-based corrections.
Issues Presented for Review and Argument: Judges are to take a de minimis interest in financial matters affecting them. They may however defend their independence by opposing the levy. To take responsibility for the de minimis administration of justice the Court must establish a Judicial Corrections Board to administrate the community based corrections facilities at one quarter the cost of incarceration. The Court may also rule on the removal of the judiciary from the beautiful stone palace for the public administration.
Authorities
Agreement regarding the Application for state financial assistance to community-based corrections 5120.112…………………………………………………………………....33
ABA Model Code of Judicial Conduct…………………………………………………35
Butler County HA-19-4-06……………………………………………………………..32
Community-based correctional proposal ORC
2301.51………………………………..34
Minimal Standard for Corrections Programs 9.06 ORCN……………………………...34
Ohio Department of Corrections Annual Report on Commitments 2004 pp21………...34
Ohio Department of Corrections July 1, 2003 Institutional Census pp. 3………………34
Relator v. Hamilton County Courthouse HA-11-1-04………………………………….32
Use of Sham Legal Process 2921-52 (B-1, 2, 3) ORCN………………………………..33
L. Ninth Assignment of Error…………………………………………………………36
The form(s) for expungment at the Assignment Commissioners office in the Justice Center are unconstitutional. The fact that a person is forced to bear witness against themselves as a defendant in double jeopardy creates a sham legal process that tends to dissemenate confidential information to parties with no legitimate interest. The division between criminal and civil is fundamental to justice. So is the prohibition of political activity and financial interests.
Issues Presented for Review and Argument: Expungements are a criminal process. Justice would be served better if the petitioner would be afforded the privacy protections of a plaintiff. Justice requires that expungement proceedings be kept confidential by the criminal justice system until approved for publication by a judge. Criminal investigation of expungement must be limited to the criminal records.
Authorities
Art. 1 Section 10 of the Ohio Constitution……………………………………………...36
Attorney General Ethics HA-7-4-07……………………………………………………37
Criminal Usury 2905.21 HA and .22 ORCN……………………………………………38
International Convention against the Taking of Hostages of 1979……………………...38
International Convention for the Suppression of Terrorist Finance. December 9, 1999..38
Use of Sham legal process 2921-52 (B-1) ORCN………………………………………37
Virginia Tech Shootings HA-20-4-07…………………………………………………..37
M. Tenth Assignment of Error………………………………………………………..39
The Court was not substantially justified to deny me complete expungement of my record although there was sufficient reason to believe the charges were false and the great length of time that had passed inclines one to expunge the record regardless of the facts.
Issues Presented for Review and Argument: Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded.
Authorities
Guideline 14 on the Role of Prosecutors 27 August-7 September 1990………………..39
Use of Sham Legal Process 2921-52 (B-1) ORCN……………………………………..40
Young v. United States 481 U.S. 787 (1987)……………………………………………40
N. Grounds for Relief………………………………………………………………….41
The Court is asked to pay me for my work, publish theirs and commission further research on these topics in their Judgment.
Issues Presented for Review and Argument: The Appeals Court should find that the assignment of the first, second, third and tenth errors provide the Court with grounds to order the record sealed because the state is not substantially justified in denying this relief. The assignment of the fourth, fifth, sixth, seventh and eighth errors prove that sham legal proceedings for which relief is due. The assignment of the third, fourth, sixth, eighth and ninth errors give the Court excellent guidance for the reform of the judiciary.
Authorities
Advisory Opinion regarding the Legal Consequences of Constructing a Wall in the 9. Occupied Palestinian Territory No. 131. 9 July 2004…………………………………41
App. R 2 Appeals on questions of law and fact abolished July 1, 1971……………….41
App. R. 3 Appeals of right……………………………………………………………..41
App. R. 5 Motion for Delayed Appeal………………………………………………....41
App. R. 12 Decision and Judgment of the Appeal.…………………………………….41
App. R. 16 Briefs………………………………………………………………………41
Case Concerning the Factory of Chorzow A. No. 9 (1927)…………………………...42
Loc. R. 11 Briefs………………………………………………………………………41
Universal Petition Form XV…………………………………………………………...42
Appendix A: Friendship with the Appeals Court…………………………………..44
Relations must be based on mutual respect of everyone as a person before the law.
Issues Presented for Review and Argument: Four cases have been lost to perjury as the result of my being ignored by the Appeals Court. Damnatio memoria at the Clerk’s website following the elections of November 2004. Loss of judicial independence in both politics and economy. The bar has been raised on CLE credit this year and can no longer be offered by HA, in Ohio.
Authorities
American Bar Association. Continuing Legal Education (CLE) HA-28-11-05………48
Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App. C-060269…………………………………………………………………………………47
Article 3 US Constitution Judicial Power extends to all Cases………………………..44
Disciplinary Counsel v. Lawson 2007-0800 May 15, 2007 6 mo. suspension………...48
No reimbursement for continuing education fees 105.97 ORCN……………………...48
State of Ohio v. Anthony Ohio 1st App. C-030510 (2004)……………………………..46
State of Ohio v. Alonzo Johnson Ohio 1st App. No. C-03-0643……………………….45
State of Ohio v. Michael Luebbe (Hamilton) No. B0307635…………………………..46
Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176…...45
Appendix B: Motion for Leave to File Amicus Curiae Health Alliance…………...48
The Health Alliance is not behaving properly by asking the Court to force Christ Hospital and St. Luke Hospitals to stay with the Alliance wherefore their Appeal should be dismissed with costs for the defendants. Referral to Greater Cincinnati Health Council.
Issues Presented for Review and Argument: The Court should certify a controversy regarding the existence of a trademark dispute between the Centers for Medicare, Medicaid and SCHIP (CMS) and Hamilton County Court Computer Management System (CMS) CMS v. CMS and consider issuing an injunction requiring the local CMS to change their name so as not to infringe upon the privacy of the medical establishment.
Authorities
AMA Code of Medical Ethics
Allied Health Professionals E 3.03 Contracts with Hospitals E-4.06 Ethics Commission E-9.11 Ethics Consultation E-9.115 Ethical Responsibility to Study and Prevent Error and Harm E.8.121 Guidelines to Prevent Malevolent Use of Biomedical Research E-2.078 Health Care Fraud and Abuse E-9.132 Limitation on Court Ordered Treatment E-2.065 Organized Medical Staff E-4.05 Torture E-2.067
Hospitals & Asylums v. Health Alliance HA-9-9-06………………………………..48, 53
Prohibition of Federal Interference 42USC(XVIII)1395………………………………..49
Rule 25 of the Ohio Rules of Appellate Procedure……………………………………...52
Appendix C State Response …………………………………………………………..54
Hamilton County Assistant Prosecuting Attorney Scott M. Heenan, 00775734P wrote a Response to Motion for Delayed Appeal in behalf of Joseph T. Deters, 0012084P, on August 16, 2007. Misconduct evident.
Issues Presented for Review and Argument: Would a job titled Hamilton County Attorney to Prosecutor?
Adams, Kristen. Entry Overruling Motion for Leave to Appeal. August 23, 2007……..55
Hartmann, Gregory. $57.000 Bill. Clerk of Courts. August 24, 2007…………………..57
Heenan, Scott. Response to Motion for Delayed Appeal. Assistant Prosecuting Attorney. August 16, 2007…………………………………………………………………………54
Presiding Judge Painter. Entry Overruling Motion for Leave to Appeal.…………………………………………………………………………………...62
Prosecutor v. Joe Deters HA-30-12-04 ………………………………………………...55
Sanders, Tony J. Claimed Appeal of Right. September 4, 2007………………………...62
Certificate of Service…………………………………………………………………...66
A. Statement of Fact
My name is Anthony J. Sanders, I am a resident of Hamilton County, Ohio, I am 33 years old, my birthday is on August 11, 1974. This brief has been painstakingly prepared as a motion for delayed appeal whereas my petition to seal C/00/TRD/14329 was denied by the Trial Court on May day, although other charges were expunged. The Appeals Court and Prosecutor did not read by brief. The Clerk, tampered with the evidence and now this charge is dismissed, ostensibly at the behest of the Clerk of the Supreme Court who was asked to intervene to dismiss the charges on the grounds of the immunity of witnesses, another charge that was formerly dismissed and sealed was however tampered with to indicate I was on probation in 1994. My computer has been hacked to make it difficult to access my web hosting. I have now amended the brief for the Supreme Court to order that all my records now be sealed under 2953.53 ORCN as a preliminary injunction for the immunity of witnesses before tackling the ten issues of merit to the administration of justice,
First, require judges to put their names on all entries published in the Hamilton County Clerk database.
Second, create a new form for the expungement proceeding whereby citizens would plaintiff their criminal proceeding.
Third, automatically expunge misdemeanor and traffic convictions from the records of people who do not re-offend after three years and after five years for people who do.
Fourth, bar judicial officers from holding office with political parties. Transfer authority of the Hamilton County Republican Party to either Sen. Kearney or Rep. Chabot.
Fifth, certify a conflict between the Centers for Medicare, Medicaid and SCHIP (CMS) and the Court Computer Management System (CMS) to consider changing the name of the local computer system manager, to no longer infringe upon the medical establishment and prohibit bio-terrorism.
Sixth, enforce a de minimis administration of justice by establishing a Judicial Corrections Board to administrate community based corrections programs that would be eligible for assistance from the department of corrections at one quarter the cost of incarceration while reducing prison population and recidivism.
Seventh, consider transferring responsibility for the adjudication of mental illness from the Probate Court to the Board of Mental Health so that wills trusts and estates could be administrated by a slavery free Justice of the Peace with the dignity to publish a record.
Eighth, consider removing the judiciary from the beautiful engraved stone palace and moving in the public administration.
Nine, consider changing the name of the Hamilton County Prosecutor's Office to the Attorney's Office.
Ten, whereas all of these issues demand a considerable amount of work but promise to greatly benefit the community it is best if the Court pay me $10,000 for my work, publish theirs and commission further research on these topics. Betty Montgomery Esq and Terry Trantor Esq Cincinnati Regional Representative of the State Treasury are recommended.
True or false, the charges against me are all misdemeanor and after seven, or thirteen, years I pose very little threat of recidivism. There is no reason why the Court would not grant me this hard fought relief from overt tyranny and covert terrorism. In fact the Court must seal my record as it is the responsibility of the State to fulfill every right. I tried to be polite and credit Hamilton County with argument but must ask the Supreme Court to abolish the facts and expunge my record as a claimed appeal of right. In my experience the number of documents that have been completely fictitious is consistently 50%, in the trial court and in this appeal. No conviction before 1998 was believable. The oldest seem to have been new fabrications to support sham legal process while evading the statute of limitations for perjury. Whereas the record is more than one year old the Court really has not option but to dismiss the charges under Ohio Crim. R 48 and seal the record under 2953.52 ORCN.
The judicial misconduct in Hamilton County evident in this case, every case I have witnessed and many accounts that are not cases at all, presents the Court with a compelling interest to heighten scrutiny upon the Hamilton County Clerk of Courts so as to effectively reform the system without being burdened with every felon in office. The Clerk, Gregory Hartmann, is the most aggravated offender in the County and perhaps the State. Because of his usurpation of the Hamilton County Republican Party, political ambitions that nearly lost the State to his racketeering, and the need for fair and nonviolent elections in November 2007 the time to redress the Clerk is in early October.
The evidence is overwhelming that the Clerk tampers with the evidence to justify the torture of Hamilton County citizens. The database is so dangerous that the judges do not appear on their entries. Judges must appear on the entries because they must defend their decisions so that the people do not need to argue with the armed force. Mr. Hartmann confessed that the killing of Mr. Campbell in his home during the 2004 elections by the police occurred as the result of an invasion planned from a traffic ticket. It was Mr. Hartmann who ordered this killing because his television campaign was founded on the fact that it is he who signs all the death warrants and when I wrote to gag him to stop the spiking homicide rate citing the case of Campbell v. Chief Justice Moyer HA-18-6-03 he had a man named Campbell killed as noted in Secretary Blackwell v. Clerk Hartmann HA-17-1-05. Corruption is considered the safest and most effective approach. The Appeals Court is not competent to defend themselves and the State must appoint counsel.
B. Procedural Posture
Ohio App. R. 5 A-1 provides a Motion for Delayed Appeal in criminal proceedings. The trial on May day, the 1st of May 2007, with Magistrate Amy Searcy was largely satisfactory in removing false misdemeanor convictions from my record, at least those lies that were jeopardizing my right to life as the result of the sham legal proceedings since the elections of November 2004. She gave me leave to appeal. All of these convictions were minor misdemeanor in nature and the most recent dated from 2001. The Court should not sustain this record after seven or eight years or thirteen, because it is not from a Court of Record, e.g. misdemeanor/ traffic.
Expungement can be made at the expiration of three years after the offender's final discharge if convicted of a felony, or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor. Provided no new charges have been introduced and the person is not currently on trial for any crime the expungement should be granted under 2953.32 ORCN.
The fundamental flaw in the expungement proceeding can be found in the expungement forms offered by the Assignment Commissioner that relegate the petitioner to the role of defendant although the proceeding would be more honest as civil proceeding against the State. This creates an awkward trial that is in violation of the last two sentences protecting the rights to a fair trial enshrined in Art. 1 Section 10 of the Ohio Constitution that,
“No person shall be compelled, in any criminal case, to be a witness against himself; but his failure to testify may be considered by the court and jury and may be made the subject of comment by counsel. No person shall be twice put in jeopardy for the same offense”.
By relegating the petitioner to the role of defendant the expungement proceeding forces the person to volunteer themselves to bear witness against themselves and submit themselves to be prosecuted for the same crime a second time. The petitioner must be entitled to argue the rights of the defendant but it is not actually constitutional to be one a second time.
Prior experience before the Appeals Court requires me to demand respect for being a person before the law. First, that this case be processed expeditiously the same as all other appeals. Second, that the last remaining charge(s) be expunged. Having accomplished this we would be equal. The Court would not longer be burdening HA and HA would no longer be burdening the Court. I would merely need to be informed in writing that my records have been sealed under 2953.52 ORCN.
Under Crim. R 48 Dismissal can be a dismissal by the state or a dismissal by the court. The state may by leave of court and in open court file an entry of dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Dismissal by the court occurs if the court over objection of the state dismisses an indictment, information, or complaint, it shall state on the record its findings of fact and reasons for the dismissal. Justification for the dismissal for a lack of jurisdiction can be found in the vacation of ACLU v. NSA HA-6-7-07.
That brings us to the issue of standing to recieve a settlement of $2,500 to $10,000 for actual damages to food stamps since January of 2005 and three cars in 2000 and 50 hours, 8 days, of work preparing this document and trial transcript. Under 2741.07 ORCN (A)(1)(b) damages and other relief for unauthorized commercial use of individuals persona, in lieu of actual damages, statutory damages in the amount of at least two thousand five hundred dollars and not more than ten thousand dollars, as determined in the discretion of the trier of fact, the jury, taking into account the willfulness of the violation, the harm to the persona in question. This is also reasonable pay for the hourly work in the trial and this appeal that is a rare request for a Judgment of the Court.
C. Statement of Issues Presented for Review
The fact that 50% of the charges in my record are disputed is a very bad record indeed. The facts of this case clearly explain why Mayor misdemeanor and traffic courts are not Courts of Record. It is a plain error for the State to defend these records from 2000. They should be expunged after just one year. The individual should not be extorted to have these records expunged. The Clerk should do it automatically after, say three to five years. As the result of defending these disputed seven-year old pay-out tickets the State of Ohio is liable for my costs because they are not substantially justified in defending these records. Shoddy record keeping is a Crime against Justice and Public Administration cited as Tampering with Evidence 2921-12 ORCN and Using Sham Legal Process 2921-52 (B1-4) ORCN.
The basic problem is Tampering with Evidence 2921-12 ORCN whereby (A) No person, knowing that an official proceeding or investigation is in progress, or is about to be or likely to be instituted, shall do any of the following. (1) Alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation; (2) Make, present, or use any record, document, or thing, knowing it to be false and with purpose to mislead a public official who is or may be engaged in such proceeding or investigation, or with purpose to corrupt the outcome of any such proceeding or investigation. (B) Whoever violates this section is guilty of tampering with evidence, a felony of the third degree.
Using sham legal process is prohibited under 2921-52 ORCN. Sham legal process seems to the motive for these falsifications of the record. The law states (B) No person shall, knowing the sham legal process to be sham legal process, do any of the following. (1) Knowingly issue, display, deliver, distribute, or otherwise use sham legal process; (2) Knowingly use sham legal process to arrest, detain, search, or seize any person or the property of another person; (3) Knowingly commit or facilitate the commission of an offense, using sham legal process; (4) Knowingly commit a felony by using sham legal process. (C) It is an affirmative defense to a charge under division (B)(1) or (2) of this section that the use of sham legal process was for a lawful purpose. (D) Whoever violates this section is guilty of using sham legal process. A violation of division (B)(1) of this section is a misdemeanor of the fourth degree. A violation of division (B)(2) or (3) of this section is a misdemeanor of the first degree, except that, if the purpose of a violation of division (B)(3) of this section is to commit or facilitate the commission of a felony, is a felony of the fourth degree. A violation of division (B)(4) of this section is a felony of the third degree. Under Ohio Crim. R. 52 there are Harmless Errors and Plain Errors. Harmless error is any error, defect, irregularity, or variance which does not affect substantial rights. Plain errors are defects affecting substantial rights.
Unauthorized commercial use of an individual’s persona under 2741.07 ORCN provides for damages to be awarded, in lieu of actual damages, statutory damages in the amount of at least two thousand five hundred dollars and not more than ten thousand dollars, as determined in the discretion of the trier of fact, taking into account the willfulness of the violation and the harm to the persona in question.
Taking into consideration the fifty hours of work it has taken me to get a fair trial $2,500 would be $50 an hour and $10,000 would be $200 an hour. Most attorneys get paid $200 an hour. $750 for a trial and I presume $2,500 to $10,000 for an appeal on the regular calendar. Having represented myself at both trial and at great length in this appeal whereas the Public Defender did not think it in the best interest of justice to be represented by an attorney, it is only fair that I be entitled to equal pay for equal work.
I am also claiming standing for actual damages for the unauthorized commercial use of my persona since the election of 2004 under the tacit authorization of falsified criminal/traffic records that resulted in the loss of my food stamps in December 2004, January 2005 amounting to $150 a month or $4,650 as of July 2005 as noted in Commissioner Todd Portune v. Medical Director Michael Leavitt No. 5058689257. $5,000 is a reasonable settlement from the State of Ohio for having to defend myself from biological experiments under sham legal proceedings arising from tampered evidence for two years until I got this sham to the hogwash. $5,000 would be $100 a hour of work on this Appeal. $100 an hour is a fair price for enough counsel for a Judgment of the Court requiring Judges to have both their name and case number on every entry into the Hamilton County Clerk database whereas irregularities in the record keeping are not acceptable. For $10,000 I will bring this case to the Supreme Court but would prefer to settle for half price at the Appeals Court for $5,000 seeing that the judgment of the Court would only be likely to benefit Hamilton County.
D. First Assignment of Error
The police officer who cited me in 2000 for not having a rear bumper should have taken into consideration the cost of a new rear bumper and directed me to a junkyard instead of going through the trouble of filing a ticket with the suburban Mayor’s Court. The Ohio Traffic Rules are construed and applied to secure the fair, impartial, speedy and sure administration of justice, simplicity and uniformity in procedure, and the elimination of unjustifiable expense and delay. As a sham legal process this harmless error can be construed as a fourth degree misdemeanor for sending a case better enforced by a junkyard to a judge who engaged in misconduct under 2921-52 (B-1) ORCN.
The exercise of the police power is valid only if it bears a real and substantial
relationship to the public health, safety, morals, or general welfare, and if it is not unreasonable or arbitrary. Wide discretion to issue tickets is not unlimited discretion. Reasonable presumptions require reasonable interpretation. A city must not use its officers' ticket-writing authority to transform a highway into its personal ATM. An ordinance that purports to impose a license or other fee may, in reality and as applied, wrongfully impose an excise tax on an occupation, privilege, or franchise. A license fee is not meant to raise revenue but is for regulatory purposes only.
Driving a motor vehicle is a privilege and not a right. However, that privilege may not be forfeited without due process of law. It logically follows that the legitimate purpose of traffic fines is not to raise revenue but to enforce the law and protect public safety…Doyle v. Ohio Bur. of Motor Vehicles (1990), 51 Ohio St.3d 46. All that was required of public safety was to direct me to the nearest junkyard. The police should not jeopardize citizens by burdening the court with cases that should be referred elsewhere.
E. Second Assignment of Error
The suburban mayor’s court judge in 2000 was cruel in his excessive $200 fine that charged me the entire cost of the new bumper, a sort of double jeopardy that took only two minutes of his time. His behavior was so deviant that he is very likely to have paid someone to put sugar in the gas tank of three used cars in 2000. Costing me my entire earnings from the 2000 Census. As a sham legal process the judge published false evidence, extorted money from me and is though to have arranged to destroy three cars in 2000 2921-52 (B-1, 2, 3) ORCN a first degree misdemeanor although the value of damages may cause the reasonable observer to consider it a felony.
A judge should not have a financial or pecuniary interest in a case before him. It is improper for a judge to hold a meeting with law enforcement officers to ask them to maintain a certain level of ticket-writing in order to pay for the construction of a new municipal building. It is therefore clearly improper for police officers to write tickets with an eye towards enhancing the revenue of the city that employs them…Cleveland v. Martinez, 126 Ohio Misc.2d 36, 2003-Ohio-7046. March 25, 2003. A person convicted in a mayor’s court may appeal the conviction to the municipal or county court having jurisdiction within the municipal corporation. In this case the trial judge failed to inform me that the defendant’s payment of a fine does not constitute a waiver of the defendant’s right to file objections to the magistrate’s decision Crim. R 19.
Needing to renew my driver’s license for my birthday this 2007 I went to the BMV on July 9, 2007. I purposefully got a new driver’s license before I filed this brief so that it would be impossible to implicate the Court of Appeals in any tampering with the evidence. The BMV did not have record of my driver’s license as far back as 2000. They did however inform me that my license had been suspended from Nov. 1999 to April 6, 2000 as the result of a traffic citation No. 99-07IF914 from Franklin Cir. Court in Brookville, Indiana. I was never informed of this suspension. I do not believe I owned a car in 1999. Although I remember going to Brookville Lake many times I don’t remember getting a ticket although I did some jet skiing with a friend. This evidence must be excluded as hearsay because the BMV failed to provide driver’s license data older than 2003 and Mayor Traffic Courts are not Courts of Record nor do Courts from other states have the authority to suspend a license for an unpaid ticket, without a trial in an Ohio Court, first.
The probative value of this evidence of a traffic conviction in Indiana indicating that my license was suspended in Ohio without a trial in Ohio actually has the reverse effect creating a situation where it is not possible to have occurred under law requiring due process. The reasonable observer must therefore exclude the evidence and conclude that there was a falsification of the record and has not probative value any ways because it is so old.
F. Third Assignment of Error
There are an estimated 333 such courts in Ohio, over 20 in greater Cincinnati, a distinction shared only by Columbus and Cleveland. In 2004 Ohio Mayor’s Courts heard 338,053 cases - 46,691 misdemeanors, 5,768 OVI 285,594 traffic. Estimates for Hamilton County would have to be gleaned from an alphabetical list of 333 municipalities the Mayor’s Court Summary of 2004 by the Supreme Court of Ohio. In general, Ohio law allows mayors of municipal corporations populated by more than 100 people where there is no municipal court to conduct mayor’s court. These courts hear only cases involving violations of local ordinances and state traffic laws. Mayor’s courts are not courts of record but must register annually and file statistics quarterly with the
Supreme Court.
Mayor’s Courts are not Courts of Record. Under Crim. R 55 A & D the clerk shall keep a criminal appearance docket. Upon the commencement of a criminal action the clerk shall assign each action a number. The applicability to courts not of record is that in courts not of record the notations shall be placed on a separate sheet or card kept in the file folder. Under Rule 36 Clerical mistakes in judgments, orders, or other parts of the record, and errors in the record arising from oversight or omission, may occur at any time.
Whereas Mayor’s Courts are not Courts of Record these file folders of traffic and misdemeanor tickets should either, not be published by the Hamilton County Clerk or published on the Internet for a short time and then automatically expunged after a period of three years pursuant to 2953.32 ORCN. It is not necessary to issue a notice of the sealing of records unless requested by the Court 2953.53 ORCN as is suggested in this case.
G. Fourth Assignment of Error
Hamilton County has always been a trying town for people concerned with rights and freedoms. Perjury 2921.11 ORCN has always been commonplace to the lawyers I met but it was not until after the elections of 2004 that sham legal proceedings became a real problem. The judicial seizure of the Hamilton County Republican Party dates from before the chairmanship of Prosecutor v. Mike Allen HA-25-8-04 and the judicial misconduct that was formerly tried by the US District Court continues in Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App. C-060269 of May 30, 2007. The principle of judicial independence demands a separation of the political party from the judiciary. The financial seizure of the returning Treasurer was foreshadowed in Erpenbeck v. S. Ohio District Court HA-1-4-04. The election of Joe Deter v. Fanon Rucker HA-2-11-04 caused the ideology in Hamilton County to shift from authoritarian to totalitarian authoritarian, noted in the embezzlement impeachment of Prosecutor v. Deters HA-30-12-05.
Anomalies were so widespread in the elections of November 2004 that the House Judiciary Committee wrote Ohio Elections: Status Report of the House Judiciary Committee Staff HA-5-1-05 . When I was writing to the Appeals Court to complain of the County Clerk Gregory Hartmann’s campagin advertisement during the 10 o’clock news where he claimed responsibility for signing all the death warrants. At that time, shortly before Halloween, there was a dramatic increase in homicides so I wrote a letter to silence the Clerk in regards to inciting genocide citing the case of Jerome Campbell where an innocent man needed clemency. It was reported the next day that police officers had randomly selected a name from traffic tickets and gone to the house of an Ohio citizen named Mr. Campbell, not the same man on death row, just the same last name, and they shot the man dead, in his home, claiming that he had attacked them with a knife. Mr. Hartman claimed these deputies had been randomly searching the home of someone with a traffic record and conceded to eliminate the supporting documentation on the county records. Mr. Hartman has no defense against conviction of the crime of incitement of genocide in the 2004 elections.
Mr. Hartmann continued his advertising and defeated Ms. Good to win the election. But this was a victory of evil over good. The Clerk appears to have been confronted about the Genocide and in punishment for the crime of inciting genocide against which he had no defense, he consented to desecrate the records he claimed had been ransacked by the armed forces leaving our County in its current state of illiteracy. Romans would have called this damnatio memoria. This sham legal process, the advertisement for the death penalty, caused the search of Mr. Campbell’s home and his murder by two police officers The argument as to whether Mr. Hartmann had merely distributed the gag order to the police thereby facilitated the crime or did so knowingly is settled by the fact he advertised the death penalty again the night after Mr. Campbell was killed, after being warned that he was inciting genocide with his fascist platform, in violation of 2921-52 (B-1, 2, 4) ORCN a 3rd degree felony, same as perjury.
Should the Appeals Court wish to address the issue of separating the judicial officers from the leadership of the Republican Party that reappears in Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App. C-060269 May 30, 2007 and other impeachments of judicial officers the Court is referred to the General Assembly.
H. Fifth Assignment of Error
My food stamps were defrauded in a sham legal proceeding on 20 December 2004 in violation of 2921-52 (B-1, 2). What occurred was that I was arbitrarily scheduled for a review of my food stamp claim on the Winter Solstice, the day that I send my quarterly journal. I stayed up all night and did my work and went to the meeting as scheduled. When I arrived at the Department of Hamilton County Job and Family Services I signed in and waited for two hours and was then capriciously informed that my social worker had quit and I should just go home. The next month I received a notice from a Ms. Jeters, that I had not attended my meeting and the state would therefore terminate my food stamps. Denial and seizure of relief is a part of the process although it is supposed to be protected against unconstitutional, illegal, arbitrary, capricious and unreasonable administrative orders unsupported by the preponderance of substantial, reliable, and probative evidence required in Smith v. Hamilton County Ohio, Ohio 1st App. No. C-060315 April 13, 2007.
I appealed to the Hamilton County Commissioners for the reinstatement of my food stamps and Medicaid on the condition that I be permitted to speak to my social worker in a proceeding titled Commissioner Todd Portune v. Medical Director Michael Leavitt No. 5058689257. As the result of the circumstances the County was obligated to prove that my social worker had not killed or kidnapped and failed to do so. Without this assurance the calls, offers of health insurance and firing of the Republican leader of the DJFS could not be accepted in good faith because DJFS was not staffed with human beings able to guarantee security of person.
The errors in this instance are best adduced as not having a hearing and not having the power to subpoena my ex social worker under 2506.03 ORCN (2, 4). Compensation for this loss of benefits should be in the form of cash or better yet in standing to receive compensation for the work involved in this appeal. Whereas I have gone without an average of $150 a month in food stamps for 32 months as of August 2007 it can be calculated that the actual damages from this arbitrary and capricious administrative action amount to $4,800. Statute establishing penalties for the Unauthorized commercial use of Individuals persona under 2741.07 ORCN provides for statutory damages of $2,500 - $10,000 wherefore $5,000 seems a fair estimate of my standing in this case.
I. Sixth Assignment of Error
Hospitals & Asylums v. Health Alliance HA-9-9-06 tells how bio-terrorism became a severe problem in the spring and summer of 2006 at which time I called 9-11 to get to the bottom of the problem and was referred to Psychiatric Emergency Services with whom I contracted for a check up in a month. After I had gone a week without being poisoned a yahoo social worker then breeched the contract of his co-worker and abducted me with his accomplice a police offcer. He claimed, “you are not being arrested” although I was handcuffed. I was then taken to University Hospital where the same doctor who had tortured me within an inch of my life in 1996 was working although the inpatient facility should never had hired a doctor from the state mental institution, particularly one who had been convicted of torture on at least two occasions Sanders v. Newton USDC C-98-411 and Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176.
I was not released for 15 days, after the hospital had been paid by Medicare. The releasing psychiatrist himself admitted that there was a unjust delay in my release. The injustice can easily be attributed to the Hamilton County Probate Court that is corrupted by slavery of the mentally ill.. They also enforce substandard psychiatric medication that is designed to inflict pain on and harm the health the patients as the result of endemic corruption and is aggravated by the admixtures of the professionals petitioning the court. Not only does the Court corrupt the mental health system but the psychiatrists corrupt the Probate Court and there is serious concern that they are not just poisoning the mentally ill.
The medical establishment has proven themselves to be extremely vulnerable to sham legal proceedings on individual accounts whereby they knowing perpetrate felonies for financial gain and to gain some illegal advantage in evidentiary proceedings and to poison people in the community in hopes of gaining favor with the Court and to potentially profit from from their health care. The motive is clearly financial whereas they can charge the government for tens of thousands of dollars for unecessary psychiatric hospitalization and cardiac care for the victims of their bio-terrorism.
The Health Alliance (HA) is by far the most corrupt of the local health corporations, it also the largest. Other practices merely have shabby records fabricated by CMS that can be changed. The Health Alliance on the other hand poisons their bills, burgles to tamper evidence and is employed by the corrupt practice of psychiatric hospitalization of people 75% of whom are not entitled to detention. The Health Alliance in particular must come to grips with the illegality of sham legal proceedings whereas no judicial officer may authorize poisonings or burglary to tamper evidence nor may the Health Alliance arbitrarily kidnap their clients and bill the state for the costs, all of these crimes are felonies 2921-52 ORCN (B-1, 4).
The Health Alliance made a serious error kidnapping me, the author of Hospitals & Asylums. They immediately lost $7 million price on the ballot and when they sustained their harassing bill collectors, toxic on Health Alliance paper, and burglars to removed evidence of the Sanders v. Newton and my receipt for the Medicare claim that I had already made note of and filed in a timely fashion. When it became obvious that the Alliance could not behave Aetna, the nurses and now Christ and St. Luke Hospitals wish to leave the Alliance.
The relevance of the Court in these proceedings is limited beyond the statute of limitations under 2305.113(A) ORCN to making reparation for the infringement of the judiciary upon the medical establishment. The Court clearly has a financial interest in the medical establishment that is inappropriate in light of the abuse of sham legal process evident in this case. In no case does the Court find for the patient Lois Owens v. Respite Center Ohio 1st App. No. C-060621 June 6, 2007, Martin v. Christ Hospital C-060639 June 8, 2007, Gilreath v. Maxim Healthcare C-060647 June 20, 2007.
The Court has the burden of proving a separation of powers whereby the Court Management System (CMS) no longer infringes upon the integrity of the record keeping of the medical establishment. A name change is recommended to prevent email judicial email addresses from being put in medical lists. The conflict between CMS and CMS is a very dangerous phenomenon that the Court may not ignore. The Court must certify a conflict under App. R. 25 - CMS v. CMS.
J. Seventh Assignment of Error
After being released from the Hospital I requested community mental health follow-up as recommended by the National Health Quality Assurance program. Although the counseling was not satisfactory, the psychiatrist was rude to me and threatened his social worker to not assist me, the introductory interview with a Mental Health Access Point was enlightening. At the interview the family counselor read me my criminal/traffic record bringing to light some flagrant tampering with the evidence that I immediately resolved to have expunged although it was six months before I did so. The charge that raised an eyebrow was labeled Park Signs.
The charges that were expunged on May 1, 2007 are,
1. Park Signs 755-07-28 CMCN C/96/CRB/40518 filed 11/11/1996
2. Improper Lights 503-1 CMCN C/01/TRD/8451 filed 3/12/2001
3. Vending Without a License 839-5 CMCN C/99/CRB/31438 7/27/1999
4. Vending Without a License 0505 ORCN C/98/CRB.40385 10/04/1998
The charges under C/00/TRD/14329 that remain on my record and need to be expunged are,
C/00/TRD/14329A Operating a Motor Vehicle Without a License 4507-02 ORCN 05/05/2000 and
C/00/TRD/14329B Improper headlights/ needs a back bumper under 4513-4 ORCN 05/05/2000
In the review of the charges that the first and oldest that called itself Park Signs was clearly false. In review of the law, the precise section of which does not exist, the Chapter indicated that this is some drug surveillance program. This was clearly a sham legal proceeding of just the sort that would regularly break into my home and poison. The reference to Park Signs seemed to have several meanings, none of which are acceptable for the purpose of record keeping. First, watch me until I show signs of going to the park and then break in to deliver toxins. Second, this is a conspiracy between the Cincinnati police and torturous psychiatrists I sued in 1998 whose anti-psychotic medicines cause the painful and debilitating condition known as Parkinson’s that is one of the fifteen leading causes of death in the USA. It should be noted that these painful side-effects are cured by just one tablet of Cogentin.
The other charge that showed evidence of being tampered for use in sham legal processes was the vending without a license charge from 1998. 0505 ORCN was not a normal charge for people vending without a license but is rather a program for township vendor’s to report their prosecution of vending without a license to the prosecutor, that could be easily interpreted to create a bio-terrorist surveillance program reporting to the prosecutor. It is likely that this innocuous charge was the first to be falsified, and the others, including the charge(s) of today, followed. It is very likely that the date is in error and it was in fact done not in 1996 but in 2005 or 2006 in a defense against the statute of limitations on perjury.
The social worker who noted that I disputed the record was in harmless error to not inform me of my right to have my record expunged or see that I was assisted to do so. The plain errors regarding the tampering of evidence 2921-12 ORCN and sham legal process can be clearly attributed to the offices of Prosecutor, regarding vending without a license, and Cincinnati Police Chief, regarding Park Signs drug surveillance. Working together they corrupted a good deal of my community including landlady and stepmother and I could have died if I did not harbor any suspicions about bio-terrorism. A friend of a friend, who also survived bio-terrorism, died that same week at age 37 in the same cardiac death bed punishment that may have smothered Marcus Feisal.
Much of this is noted in Cincinnati Community Corrections v. Leis and Streicher HA-8-8-04 and Prosecutor v. Joe Deters HA-30-12-05. The organized fashion with which these toxins were administered implicate the Prosecutor and Police Chief in widespread commission of felonies however their names could have been used to facilitate a crime committed by the Clerk or CMS executive wherefore it seems proper to convict the prosecutor and police chief for facilitating the commission of felonies with sham legal proceeding in violation of 2921-52 (B-1, 2, 3) ORCN.
K. Eighth Assignment of Error
In Hamilton County the most serious problem is the failure to obey the directive to establish a community based corrections program to provide an alternative to incarceration while preventing recidivism and instilling respect for the dignity of the human being. This negligence in establishing a community corrections program has been accompanied by harsh new laws for marijuana and an Operation Vortex in which 25% of the population of Over the Rhine were arrested, many for calling 9-11. Some 250 prisoners were sent to neighboring Butler County HA-19-4-06.
The tyranny of the prison construction gang was begun by former County Commissioner Heimlich after hacking Over the Rhine rehabilitation from my document that called for the removal of the judiciary from the nice administration building to the Justice Center and for the demolition or sale of Queensgate HA-11-1-04. Heimlich’s advocacy for the construction of a new jail resulted in his removal from office and the rejection of a sales tax levy for the construction of the jail in the ballot of November 2006.
The unpopular campaign of tyranny has largely hinged upon confidential information intercepted from me, not at my command, but in a sham adversarial legal proceedings that empower the common criminals of the prison construction gang but suppresses my plan for community based corrections. The abuse of intercepted confidential communications publicly gives rise to a display of political corruption that can be construed as judicial misconduct. Crime and homicide statistics not to mention retaliatory burglaries and poisonings can be attributed to this campaign although it is doubtful that the politicians fully understand that it is their advocacy of prison construction is fueling the violence and crime by generating a financial interest in crimes and politicizing the cruelty of the judiciary. They simply do not understand that tyranny breeds crime and are under the influence of the criminal justice system that perpetrates countless crimes to influence their decision-making by making crime a part of their daily lives 2921-52 (B-1, 2, 3) ORCN. As felons in the 4th degree it is better to think that the politicians in the prison construction gang are limited by the one cell per tyrant rule.
Hamilton County is extraordinarily erroneous in passing harsh new laws and using them to justify the construction of a new jail. They are not entitled to assistance from the state department of corrections unless they make the Agreement regarding the Application for state financial assistance to community-based corrections 5120.112. As outlaws operating without the blessing of the state they are forced to robber baron the citizens with a new sales tax. Senator Kearney saw to it that a ballot initiative will give the voters the chance to reject this ill conceived sales tax levy for more jails. To be normal Hamilton County needs to transfer half of our prisoner to supervised programs in the community at one fourth the cost. With the savings from community corrections the County could afford to build more courtrooms in the Justice Center and current administration building to move the administration to the beautiful stone palace whereas our community must not think that crime, ie the judiciary, is beautiful and stately when it is in fact the judiciary is a burdensome duty that the government is not proud of.
The state department of rehabilitation and correction is responsible for the accreditation of correctional programs who must meet minimal standards under § 9.06 ORCN Contracts for private operation and management of correctional facilities. The court of common pleas of any county that has a population of two hundred thousand or more may formulate a community-based correctional proposal that would provide a community-based correctional facility and program for the use of that court under ORC
2301.51.
To achieve international norms in regards to detention the detainee population should not exceed 250 prisoners per 100,000. The absolute limit for a jurisdiction in Ohio is 400 prisoners per 100,000 and no death penalty. Of the 11,435,798 general population of the state of Ohio. Ohio detains only 565 per 100,000 would greatly benefit from reducing their total state and local prison population to less than 30,000 from 63,444 (1999), 260 prisoners per 100,000 citizens.
The Ohio Department of Corrections Annual Report on Commitments 2004 pp21 reports that Hamilton County made 2,553 commitments to state penal institutions in 2004, 10.7% of total commitments to the aforementioned institutions. The July 1, 2003 Institutional Census pp. 3 reports that 4,571 offenders from Hamilton County were detained 10.08% of 45,363 state prisoners, Male 4,342 10.22% Female 229 7.93%. It has also been estimated that there are 2,500 detainees held in the three adult correctional institutions and substance abuse treatment hospitals (long term) not to mention two facilities for juveniles. This brings Hamilton County to an estimated adult detainee grand total of 2,500 + 4,571 = 7,071 (est. 2003 & 4). 868 detainees per 100,000 0.86% of the 814,611 general population.
In Hamilton County the new community based corrections program will need to be large enough to accommodate the reform of 5,000 criminal defendants and maybe another 5,000 homeless. The goals is to limit Hamilton County jail cells to an estimated 1,000 for pre trial felony detainees and Ohio prisoners from Hamilton County to another 1,000 reasonably sentenced felons. Full transition to these occupancy limits should take no longer 10 years from 2006. Progress of at least a 500 prisoner reduction in general prisoner population should be declared every year.
The Appeals Court must be very careful in their interpretation of these political issues in which they clearly have a financial interest. The ABA Model Code of Judicial Conduct provides that judges must have a de miniminus interest in financial issues affecting themselves. Wherefore, the judiciary must not advocate for the prison construction plan however they are welcome to defend their independence by going on record opposing the plan. To be pro-active and make progress the Court must establish a Judicial Corrections Board to administrate the community based corrections facilities and Over the Rhine rehabilitation work program that would make peace with that community.
A county's community-based correctional facilities and programs shall be administered by a judicial corrections board. The presiding judge of the court or, if the presiding judge is not a judge of the general division of the court, the administrative judge of the general division shall designate the members of the board, who shall be judges of the court. The total number of members of the board shall not exceed eleven. The judge who is authorized to designate the members of the board shall serve as chairperson of the board.
L. Ninth Assignment of Error
The form(s) for expungment at the Assignment Commissioners office in the Justice Center are unconstitutional. Art. 1 Section 10 of the Ohio Constitution that,
“No person shall be compelled, in any criminal case, to be a witness against himself; but his failure to testify may be considered by the court and jury and may be made the subject of comment by counsel. No person shall be twice put in jeopardy for the same offense”.
By relegating the petitioner to the role of defendant the expungement proceeding forces the person to bear witness against themselves and submit themselves to be prosecuted for the same crime a second time. The petitioner must only be entitled to the rights of defendants. The fact that a person is forced to bear witness against themselves as a defendant in double jeopardy creates a sham legal process that tends to dissemenate confidential information to parties with no legitimate interest. These burdensome third parties included jury duty, a legitimate option; political opinion polls, not patently illegal; the County Commissioners, against the wishes of the voters levy a tax to construct a new jail; debt collectors, a serious violation of state criminal usury laws; and the medical establishment, resulting in bad bills for me and a junk lawsuit for the Court.
It is recommended to reform the procedure so that the petitioner is given the role of plaintiff suing to remove record of being a defendant. A plaintiff proceeding against the State would be more constitutional and less prone to misuse of confidential information. It seems wise to implicate the application for expungement for unauthorized commercial distribution of confidential information in contravention to 2921-52 (B-1) ORCN a fourth degree misdemeanor.
It would be unfair to charge the Assignment Commission for the misdemeanors and felonies committed as the result of this leak of confidential information regarding a criminal proceeding, that occurred, because a higher charge would fuel a defense and deter reforms we desire. The problemwith me is that I am particularly vulnerable to judicial investigation as the result of my responsibilities writing Hospitals & Asylums. After filing for expungement the United States suffered the most casualties in any month since the beginning of the Iraq war. The annoying debt collectors affiliated with the Health Alliance called before and after to “claim responsibility” for the Virginia Tech Shootings HA-20-4-07. It seems they wanted me to write a Steger v. Steger legal proceeding in honor of the President of VT and former President of UC but I declined whereas I did not feel that UC would be of moral support and have changed the style of my chapter on Attorney General Ethics HA-4-7-07. I expect that hospitals suffer similar spikes in death rates while undergoing capricious judicial investigations but no person should be subjected to this indignity. Records of criminal proceedings must be kept confidential until after a judge has approved of publication of this classified material.
Criminal Usury means illegally charging, taking, or receiving any money or other property regardless of whether the extension of credit is acknowledged or disputed, valid or invalid under 2905.21 HA and .22 ORCN. This is a highly effective state statute because it implicates debt collectors with the kidnapping and extortion of the judiciary and calls it a crime without giving the judiciary any jurisdiction. The International Convention for the Suppression of Terrorist Finance of December 9, 1999 prohibits any act intended to cause death or serious bodily injury to a civilian, when the purpose of such act is to intimidate a population, or to compel a government or an international organization to either do, or to abstain from doing a specific act. Willfully providing or collecting funds to carry out terrorist acts in violation of specific convention is specifically prohibited.
The Conventions that should give the Judiciary a clue that it is they who should not interfere with debt collection matters is the 1979 International Convention against the Taking of Hostages. As the result of their work suppressing criminal activity Judicial matters are inherently illegal and they must not interfere with, seize or otherwise use debt collectors to harass their clients because it creates a situation where a fourth degree misdemeanor leak of confidential information regarding a criminal proceeding is likely to lead to judicial misconduct or crime and terrorist activity. Expungement is a criminal proceeding and debt collection is civil. This division is fundamental to justice.
M. Tenth Assignment of Error
There were six charges in the expungement trial that had been divided into a morning session and an afternoon session. The morning session went smoothly. The afternoon session was however complicated for two reasons. First, by the exhaustion of the Magistrate who had issued dozens of capias warrants for non-appearances. Second, the nameless prosecutor acted in flagrant violation of Guidelines on the Role of Prosecutors of 27 August-7 September 1990 and needed to be forced to do her duty to dismiss evidence that was illegally obtained although it was obviously false, of no merit true or false after seven years, was not authorized by a judge and was against the interest of justice to sustain. In this session the Magistrate did defend my person and very life against further authorization for biological experiments and ordered the expungement of the other charge scheduled for the afternoon session as I had pleaded. However, without an earnest plea made in the morning session regarding the criminal damaging and destruction of three automobiles she failed to protect me from the falsified convictions that destroyed three used cars in quick succession in the year 2000 that are before the Court today for expungement.
Guideline 14 states, Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded. This Guideline is supported by an unnumbered paragraph that explains, When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice. The prosecutor’s mission is not so much to secure a conviction as it is to achieve a just result.
In Young v. United States 481 U.S. 787 (1987) the Court found that the defendant is entitled to a full measure of fairness, and it is as much the prosecutor’s duty to see that the accused is not deprived of any statutory or constitutional rights as it is to prosecute. The role of the prosecutor is not merely to convict the citizens but also to protect them from violations by the government.
The issue here is that the prosecutor was not attempting to make a decision on the facts but the opposite, was defending a sham legal proceeding that facilitated the commission of numerous felonies namely burglary and poisonings and criminal damaging upon shabby evidence that did not stand up to scrutiny and furthermore would not admit to this failing and could only be overruled by the overworked judge, rather than the truth itself, or reason that dictates so many years have passed whether it is true or false no longer matter. As a sham legal process the denial of expungement can be construed as a fourth degree misdemeanor whereas this denial, that is not substantially justified in a fair trial led to the re-distribution of false information under my name in contravention to 2921-52 (B-1) ORCN. Although after the trial the bio-terrorism completely stopped this cannot be accepted as a completely harmless error because my right to appeal was substantially affected by this decision, for which I was given leave to appeal.
N. Grounds for Relief
Under App. R 5 a Motion for Delayed Appeal may be made in criminal proceedings by leave of the Court. This brief has been prepared to uphold App. R. 16(A) as modified by Loc. R. 11 to assist the Court to determine the form of their judgment on appeal on the merits of the assignments of error. Under App. R. 12 the Court shall decide each assignment of error and give reasons in writing for its decision. App. R. 3(G) provides that the demonstration of a unique issue of law which will be of substantial precedential value in the determination of similar cases will ordinarily be good cause for transfer to the regular calendar. The Court may however choose to put the case on the accelerated calendar because they have chosen to expunge the record and compensate me without writing a transcript. I would however greatly appreciate the written judgment and expect it would greatly improve the treatment I receive from local lawyers.
App. R. 2 reminds us that appeals on questions of law and fact have been abolished since July 1, 1971. Instead App. R. 3 provides for appeals of right. What does this mean? In the Advisory Opinion regarding the Legal Consequences of Constructing a Wall in the 9. Occupied Palestinian Territory No. 131 on 9 July 2004 it was held that, “the essential principle contained in the actual trial of an illegal act is that reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed”. In the Case Concerning the Factory of Chorzow A. No. 9 (1927) the Permanent Court of Justice the Court ruled that by reason of attitude not in accordance with the Geneva Conventions the government is under obligation to make good to consequence of injury. Thus every wrong creates a right for the court to rectify.
The assignment of errors provides for discovery of wrongs that the State must not support. This process, like most judicial processes that defend our freedom, is a negative process that takes from the state an offensive power rather than creating a new power. The Use of Sham Legal Process has proven to be an effective test for the Unauthorized Use of and Individual’s Persona for which relief is due in this case. The charges are not intended to be leveled against any individuals but to indicate my personal standing, as the result of damages I have suffered, in regards to this claim for relief and to justify reforming the administration of justice. Errors are however not the best attitude for a claim for relief to be founded upon therefore this conclusion has been drafted using the Grounds for Relief format prescribed in the Universal Petition Form XV.
The Appeals Court should find that the assignment of the first, second, third and tenth errors provide the Court with grounds to order the record sealed because the state is not substantially justified in denying this relief. The Appeals Court should find that the assignment of the fourth, fifth, sixth, seventh and eighth errors prove that sham legal proceedings using falsified public criminal/traffic records caused me serious damage between 2005 and 2007 for which $5,000 is a reasonable settlement for actual and statutory damages suffered as the result of this unauthorized commercial use of an Individual’s persona. The Appeals Court should find that the assignment of the third, fourth, sixth, eighth and ninth errors give the Court excellent guidance for the reform of the judiciary that they are encourage to address in their written decision.
There are eight issues that the Court is encouraged to review and argue in their written opinion of merit to the administration of justice. First, require judges to put their names on all entries published in the Hamilton County Clerk database. Second, create a new form for the expungement proceeding whereby citizens would plaintiff their criminal proceeding. Third, automatically expunge misdemeanor and traffic convictions from the records of people who do not re-offend after three to five years. Fourth, enable the Court to ban judicial officers from holding office with political parties. Fifth, certify a conflict between the Centers for Medicare, Medicaid and SCHIP (CMS) and the Court Computer Management System (CMS) to consider changing the name of the local computer system manager, within 60 days of publishing this judgment, to no longer infringe upon the medical establishment. Sixth, enforce a de minimis administration of justice by establishing a Judicial Corrections Board to administrate community based corrections programs that would be eligible for assistance from the department of corrections and cost one quarter the cost of incarceration. Seventh, consider transferring responsibility for the adjudication of mental illness from the Probate Court to the Board of Mental Health. Eighth, consider removing the judiciary from the beautiful engraved stone palace and moving in the public administration. Whereas all of these issues demand a considerable amount of work but promise to greatly benefit the community it is best if the Court pay me for my work, publish theirs and commission further research on these topics by the public.
Appendix A: Friendship with the Appeals Court
To better understand my Friendship with the Appeals Court that I once included in my quarterly email list but do not anymore whereas I have come to uphold Art. 3 of the US Constitution that reserves the power of the judiciary to Cases. I have found that everyone is better served if the right to remain silent is exercised except in those extraordinary circumstances where I have produced evidence of merit to a speedy and fair trial. Even my judicial legislation is not served upon the judiciary compliments of the Judiciary Committee and Bar. I feel that the judiciary is not obligated to read my general work regarding Hospitals & Asylums, title 24 of the United States Code, and it is not in the best interst of justice to be burdened by this Journal and it is not in the best interest of the clientelle to subject every essay to judicial scrutiny. So that there are no bad feelings, suspicions or residual pockets of corruption our respect for each other should be guided by a mutual respect regarding everyone being a person before the law.
The first bad experience that I had with the Appellate Court was in 2000 when my torture tort case was perjuriously doctored to steal the enforced drug issue without thoroughly condemning the form of torture. The judicial case ommitted the all important judicial reform of the Probate Court to ban the adjudication of the mentally ill from the court to the County Board of Mental Health, in order to, as I now understand rename the Court to the “Justice of the Peace” that would be democratically elected and slavery free. Their real purpose was to deny me the $75,000 judgment I was entitled from Sanders v. Newton USCD S. Ohio C-98-411 (1998) had already been usurped in the appointment of a Professor of Law and Psychiatry to the University of Cincinnati College of Law. The case that I am reffering to is Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176 where the Ohio Surpeme Court notes that the plaintiff could not be found to receive compensation. The Supreme Court rightly noted that the plaintiff in this case was no where to be found. I went to the institution where I was told there was no such patient and never was. I suspect Steele was just an claim of responsibility for stealing my copyright. Neither he nor I ever enjoyed the civil tort due our judgment.
The second bad experience I had was in regards to the case State of Ohio v. Alonzo Johnson Ohio 1st App. No. C-03-0643. I had been helping people out with their counsel for their defense for several months and the Queensgate Correctional Facility, or at least their prisoners, had even begun to referr detains to me. Mr. Johnson was my first case to recidivate. He went from becoming addicted to sexually explicit material that had been spammed on his email by the University of Cincinnati Police to raping “One Love” the mental health professional with a domestic violence prior. I feel that Judge Sunderman Jr. did not respect me as a person in his proceedings. As a result of not respecting me he did not produce any written work of any merit on this case. The Court most of all failed to bring to light the all important piec of evidence that the victim called herself, “One Love” and that she had a prior domestic violence charge for which Mr. Johnson is entitled to a much lesser sentence than the ten years he is currently serving. This case was very spiritually powerful because the crime occurred while everyone was watching the “Rape of Baghdad” on television and arrest on April Fool’s Day 2004 and Judge Sunderland did not do it justice.
I have not represented a local case since then to the court although I did defend Professor Michael Luebbe in my final battle with this University of Cincinnati based sexual surveillance gang. State of Ohio v. Michael Luebbe (Hamilton) No. B0307635 was atrocious. I don’t believe Mr. Luebbe was even leave to appeal his conviction. He had received some sort of unwanted sexually explicit spam that he could not remove from his computer and he called to request a UC computer consultant to clean his computer. Instead of doing his job that consultant turned him to the police, as was obviously the plan, and Mr. Luebbe was arrested and charged with child pornography. A Judge then sentenced him to five years in prison. At that time the UC News Record did not even report the sentencing only that a student had received annoying pornographic spam. To the best of my knowledge Mr. Luebbe is still not free and I have concluded that he is entitled to one million dollars for every year so incarcerated from the University or highest paid employee on campus, whichever is the lesser. The Court once lamented the entrapment of these sexually predatory policemen to render an not guilty verdict in State of Ohio v. Anthony Ohio 1st App. C-030510 (2004).
The third bad experience I had with the Appeals Court occurred shortly before the November 2004 elections. This experience was so bad that I decided to remove the Appeals Court from email list after writing to the Court for a couple of years without problem, complaint or response. What happened is that I was writing to the Appeals Court to complain of the County Clerk Gregory Hartmann in his campagin advertisement during the 10 o’clock news where he claimed responsibility for signing all the death warrants. At that time, shortly before Halloween, there was a dramatic increase in homicides so I wrote a letter to silence the Clerk in regards to inciting genocide with his television advertisement for the death penalty, by citing the case of Jerome Campbell where an innocent man had needed to be spared his life, even if Ohio could not afford his freedom after 16 years. I sent that letter to the Court of Appeals email address in the evening. It was reported the next day that the police had gone to the house of an Ohio citizen named Mr. Campbell, not the same man, just the same last name, and they shot him claiming that he had attacked them with a knife while they were intruding in his home without a warrant. Mr. Hartman claimed these deputies had been randomly searching the home of someone with a traffic record.
Mr. Hartmann continued his advertising and defeated Ms. Good to win the election. But this was a victory of evil over good. The Clerk appears to have been confronted about the Genocide that had gone international and in punishment for the crime of inciting genocide against which he had no defense, he consented to desecrate the records he claimed had been ransacked by the armed forces leaving our County in its current state of illiteracy. Romans would have called this damnatio memoria. Should the Appeals Court wish to address the issue of separating the judicial officers from the leadership of the Republican Party that reappears in Central Committee of the Hamilton County Republican Party v. Dalton Ohio 1st App. C-060269 May 30, 2007 and other impeachments of judicial officers you are referred to the General Assembly where your professional testimony on these matters is appreciated much more than mine.
The bar has been raised on Ohio CLE credit this year and can no longer be offered. In 2006 all one had to do was fill out a Form V but it is now in the public interest to purchase the work of the State Bar Association. There shall be no reimbursement for continuing education fees 105.97 ORCN. I am sorry the contract I wrote Magistrate Amy Searcy for CLE credit, is null and void. The judges will have to settle this Case through the regular calendar and Judgment of the Court whereas I am completely and totally indigent. The CLE strategy never worked. All the attorneys I met were either disbarred or convicted of felonies and writing scholarly research was the last thing on their mind Disciplinary Counsel v. Lawson 2007-0800 May 15, 2007 6 mo. Suspension.
Appendix B: Motion for Leave to File Amicus Curiae Health Alliance
My case is documented in Hospitals & Asylums v. Health Alliance HA-9-9-06. The fact their losses from the past year are timed with the thefts of evidence from my home indicates that HA has a vested interest in treating HA with respect and dignity and their failure to do so has brought to light fatal flaws in the conduct of the HA that leads us to our present case regarding the flight of two hospitals from the HA. It is not necessary for the Court to delve into the many serious violations of the law and medical ethics HA defends with more violations, the case speaks for itself. The Health Alliance is seeking to hold Christ and St. Luke Hospitals in the HA against their will and the basic tenent of Medicare is that the federal government shall not interfere with the practice of medicine under 42USC(XVIII)§1395.
Unlike most societies the level of knowledge and education in medicine is highest at the practical level of the physician and patient and becomes increasingly ineffective at higher levels of social organization. Hospital administration usually involves a lesser level of education, lower pay, less understanding of what they are doing and widespread allegations of corruption. Although health insurance and health corporations are big business they are not necessarily good business and the public tends not to trust them. The cost of operating large medical establishments, such as hospitals, and the fee for service system, with which the health care system generates revenues, create a demand for sick people, expensive procedures and obsessed debt collectors that are decidedly unethical.
The AMA Code of Medical Ethics furthers the opinion that the physician has primary responsibility for ensuring the quality of the health care their medical establishment provides. Physicians often practice with allied health professionals and they have an ethical obligation to the patients for whom they are responsible to ensure that medical and surgical conditions are appropriately evaluated and treated E 3.03(2). Members of the organized medical staff may choose to act as a group for the purpose of communicating and dealing with the governing board and others with respect to matters that concern the interest of the organized medical staff and its members E-4.05. There are various financial or contractual arrangements that physicians and hospitals may enter into and find mutually satisfactory E-4.06.
The basis of contractual relations, such as membership in the HA, is mutual satisfaction. If a party to an agreement becomes displeased with the arrangement they may choose to leave. These decisions are usually made democratically by the vote of the staff with utmost consideration for the best interest of the patients. Since the filing of my complaint in September of 2006 the HA has been subjected to numerous sanctions that were reported to the public by the News media. First was the indigent health levy that was +/- $7 million less than previously and passed. Second, a health insurance provider, I believe Aetna, terminated coverage for the Health Alliance because they were unsatisfied with the billing. Third, Christ and St. Luke Hospitals decided to leave the HA. Fourth, the nurses are dissatisfied with their working conditions and have organized a protest.
The HA is either not behaving properly or is being unfairly persecuted. As the result of my experience I am convinced that the HA is not behaving properly, probably because they are undermined by the corruption in their psychiatric departments that they substitute for political and social work and when confronted with grievances regarding their current system, needed community mental health reinvestment behave as the criminally corrupt organization they have become since the election of November 2004 and probably always were to a lesser degree. The problem as I see it is that as the largest health care provider in the area, the HA, is the most vulnerable to infiltration and corruption by the local judicial political scene that lost all inhibition regarding the independence of the judiciary in relation with the health care system, with the return of the former state treasurer to the office of prosecutor. Other providers, namely Good Samaritan a Tri-health hospital, have also exhibited the corrupt practice of fraudulent billing as a sham legal proceeding but not the fatal mistake of a health care provider, the toxic bill, once thought to be the exclusive product of state Medicare carriers.
In regards to Health Care Fraud and Abuse under E-9.132 a physician shall deal honestly with patients and colleagues, and strive to expose those physicians deficient in character, competence, or who engage in fraud or deception. Physicians should make no intentional misrepresentations to increase the level of payment they receive or to secure non-covered health benefits for their patients. Under E-2.065 physicians can ethically participate in court-initiated medical treatments only if the procedure being mandated is therapeutically efficacious and is therefore undoubtedly not a form of punishment or mechanism of social control. Under E-2.067 Physicians must oppose and must not participate in torture for any reason. Under E-2.078 Guidelines to Prevent Malevolent Use of Biomedical Research, Biomedical research may generate knowledge with potential for both beneficial and harmful application, when the goals of research are antithetical to the foundations of the medical profession, as with the development of biological or chemical weapons the physician is precluded from participating in the research.
For their part the hospitals and the HA should take upon themselves the Ethical Responsibility to Study and Prevent Error and Harm E.8.121. In the context of health care, an error is an unintended act or omission, or a flawed system or plan, that harms or has the potential to harm a patient. To conduct these studies the Code of Ethics is somewhere between highly recommending and requiring institutions for form Ethics Committees to give due process to ethical issues without burdening the legal system. Ethics committees in health care institutions should be educational and advisory in purpose. Generally, the function of the ethics committee should be to consider and assist in resolving unusual, complicated ethical problems involving issues that affect the care and treatment of patients within the health care institution. Recommendations of the ethics committee should impose no obligation for acceptance on the part of the institution, its governing board, medical staff, attending physician, or other persons. However, it should be expected that the recommendations of a dedicated ethics committee will receive serious consideration by decision makers E-9.11. All hospitals and other health care institutions should provide access to ethics consultation services. A wide variety of background training is preferable, including such fields as philosophy, religion, medicine, and law. Ethics consultation services, like social services, should be financed by the institution E-9.115.
From the perspective of the Court the root of this problem, comes from the trademark dispute between the Center for Medicare, Medicaid and SCHIP (CMS) and the Hamilton County Court Computer Management System (CMS) that would benefit from a Motion to Certify a Conflict under Rule 25 of the Ohio Rules of Appellate Procedure. This is not your regular trademark dispute that might go bad like Hospitals & Asylums (HA) and the Health Alliance (HA). The Court is highly encouraged to settle the trademark dispute by issuing an injunction against the Computer Management System (CMS) to change their name whereas it is much easier for a local agency to change their name than the national medical insurer. The separation of powers in CMS v. CMS would greatly improve the integrity of the health care and justice systems.
The petition of the HA to seek an order restraining the Christ and St. Luke Hospitals from leaving the Alliance must be dismissed for a lack of jurisdiction. Whereas these two hospital institutions were brought to Court against their will, the Alliance shall pay their legal costs. The Alliance may also choose to settle the medical malpractice and community mental health reinvestment claims in Hospitals & Asylums v. Health Alliance HA-9-9-06 before the statute of limitation expires in September 2007. The HA paying HA would be a good business. Settlement would greatly restore public trust in the ethics of the Health Alliance of Greater Cincinnati. Christ and St. Luke must be set free to the satisfaction of the Greater Cincinnati Health Council and self-determinant polls of institutional employees, patients and shareholders. Failing to reform as directed could lead to continuing unpopularity of the Alliance, but that is not for the Court to decide but ethics committees employed by the institutions themselves.
Appendix C State Response and Argument
On August 16, 2007 Hamilton County Assistant Prosecuting Attorney Scott M. Heenan, 00775734P wrote a Response to Motion for Delayed Appeal in behalf of Joseph T. Deters, 0012084P:
The State of Ohio opposes the motion for delayed appeal in its entirety. Anthony Sanders has completely failed to explain why it has taken him seven years to get around to filing an appeal of a headlight violation and an operating without a license violation.
Now, it does appear that Sanders recently tried to have these offenses expunged. And his docket statement does have the “Expungement” box checked. But his reason for filing a late appeal has nothing to do with that expungement. Instead, as best as it can be made out, it appears to read “Initial investigation, upon filing caused record damages to my concerns and the USA. It has been left to July to file when the course of study is compatible with judicial independence, focus on the brief appeal.htm
Because Sanders has failed to justify the granting of a delayed appeal his motion should be denied.
I must beg the forgiveness of the prosecutor. I have completely failed to imbue him with any sense of civic duty. Although every other institution was assigned good work I neglected to implicate his office of impropriety. I would therefore like to draw your attention to the fact that in the Hebrew language, prosecutor, is pronounced, satan. There is also considerable evidence that the prosecutor now plagues the Hague with their infernal courts martial titled Prosecutor v. Milosevic et al. I therefore respectfully ask the Appeals Court to issue the order for records to be sealed in my behalf and to “sentence” the assistant prosecutor to one hour of reflection upon the topic,
Would you prefer the job title Hamilton County Attorney to Prosecutor?
Should the Hamilton County Prosecutor change his name to Attorney I would be willing to drop all the allegations of failure in Prosecutor v. Joe Deters HA-30-12-04
On August 24, 2007 I received a notice from the Hamilton County Clerk of Courts that says,
In accordance with appellate rule 30(A) you are hereby given notice that the following order or judgment has been journalized by Deputy Kristen Adams for Gregory Hartman Clerk of Courts on the 22nd of August, 2007, Image Number. Entry Overruling Motion for Leave to Appeal C00TRD14329. Notice is sent by ordinary mail to all parties as required by law.
This notice is somewhat procedurally flawed for reason of not mentioning the regular calendar. I am left unsure if I will ever get a hearing with a Judge. It does not seem proper to note the motion of the prosecutor after not reading the case, as an order or judgment. His words were Response to Motion for Delayed Appeal.
On August 24, 2007 Hamilton County Clerk of Courts Gregory Hartman sent a bill in the amount of $57.00. Mr. Hartman claims complete responsibility for this offensive bil. The first page is in error because it calls the costs above when they are below and more critically there is no due date. It is furthermore in error because I filed an affidavit of indigency because I cannot afford the costs. This error is not harmless because it seeks to extort money from me that they are not entitled to. The clerk’s office is on trial for the third degree felony of tampering with evidence. Strictly speaking the Clerk should not be sending any information or billing without the permission of a judge it is however good for the Clerk’s office to appear because they are liable for the expungment proceeding. This bill is offensive and should be admitted as evidence of judicial misconduct and voided.
Until this bill the defensive behavior on the part of the Prosecutor and Deputy Clerk was within the limits of toleration of negligence and not meeting the threshold of judicial misconduct because it was defensive and we are waiting for a judge to make the final decision. This bill is however a new offense. This bill is evidence of corruption whereby the Clerk is attempting to extort money from the person he owes for his crime of tampering with evidence that he must remedy. Is he entitled to money for doing this work? No. If I were to spray paint the courthouse with the statement “Gregory Hartman murdered Mr. Campbell in the election of 2004 see page 47” I would need to pay for its removal and would not be paid for doing this work that otherwise wouldn’t have needed to be done, the community service work might be acceptable taking into consideration the need of the people to know how corrupt their Clerk is and how violently local lines of communication are defended.
Most of all there is no evidence that anyone has even read the complaint, these people have not even done the taxpayers the justice of reading what a citizen has written. Mr. Hartmann is the maximum offender in this case his misconduct should not be tolerated. Let this count of judicial misconduct against Clerk Gregory Hartman be the one that caused him to be replaced as Chairman of the Hamilton County Part by either Ohio Senator Kearney or US Congressman Steve Chabot.
The Appeals Court should seriously consider an independent Clerk, to distance themselves from the corruption. If I am compensated for this claim the Court would be entitled to their entire filing fee. I am of the opinion that the administration of justice is undermined by the corruption of charging of costs and fees in this nation where merit briefs are rare and find that the practice of filing fees should be abolished. I will need to call the Appeals Court.
Issues for Review and Argument,
1. The State has no case and should be dismissed from the case and record expunged to protect the witness.
2. Betty Montgomery should be hired as a special prosecutor for the racketeering investigation of Gregory Hartmann, the "hitman", separate from this case that may be used to brief her.
I regret to inform you that the erroneous and threatening bill from the Clerk of Courts Gregory Hartmann has had health side effects - pain in the ass.
The morning after I placed a phone call to the Assisant Prosecutor assigned to the case on Tuesday, Scott Heenan, I received a telemarketing call from a narcotics officer begging for donations. I told him,
"Narcotics officers are a blight upon our democracy and I cannot support you."
The problem with narcotics officers is that they are not redressing the substance abuse problem of the court - poisoning - and are instead a armed invasion of the health sector and society. In my recent Amices brief to the US 11th Circuit proving perjury occurred in the case of Manuel Noriega that I wrote the evening I received this call I explain that drug crimes were a bad choice of law, they are not war crimes, and they are the most corrupt sector of criminal justice. Drug officers seem to be appointed to crooked cases because they are reliably corrupt, meaning they will tolerate perjury, and have an inherent threat of poison.
While poisoning may be common procedure in your Clerk's office, it is cruel. There is ample evidence that the expunged and obviously tampered evidence referenced to drug surveillance was in fact an authorization for bioterrorism. I cannot tolerate this. I have done your Court the finest service they have ever recieved. I deserve to be paid not tortured.
There is confusion as to whether bioterrorism of the Clerk's records is torture or terrorism or both. The poisoning does not seem to have any intelligible objective but to inflict pain, and maybe kill, and intimidate the witness with weapons of mass destruction.
I am asking that the State be dismissed from the case because their obstruction of justice has turned into the facilitation of a felony. The State has no case defending the records of a Court not of Record after seven years. I am concerned that now that Gregory Hartmann has so violently intervened any activity on their part is routed directly to the murder for hire operations of the Clerk. I am asking that the Court protect me by dismissing the State without prejudice. Mr. Heenan may speak for himself by responding to the question,
Should the County Prosecutor change their name to County Attorney?
I however cannot tolerate further obstruction of justice. Obstructionism by the State will certainly be seized upon by the Clerk as an unfair advantage to launch terrorist attacks. The State also gives indication that they are, now that Mr. Hartmann has launched a terrorist action, in the business of assigning hitmen to the intimidate the petitioner.
The State has no case. The State has now overtly embarked upon a campaign of intimidation. The State must be dismissed to protect the witness.
The underlying problem is that their Clerk Gregory Hartmann, tampers with evidence, cannot write effectively, hires hitmen, he is a racketeer. The only person I know of who has ever handled a case regarding a corrupt Clerk is Betty Montgomery. At the electoral debates she claimed to have incarcerated a corrupt clerk. She is a former prosecutor, former Attorney General and former State Auditor. To the best of my knowledge she is now unemployed. She does the best legal research in the State and it is highly recommended that the Court retain her to investigate and discipline your Clerk, Mr. Hartmann, as his special prosecutor.
On August 28, 2007 I wrote, Dear Clerk of the Ohio Supreme Court: I am writing to report the most recent travesty of justice to originate from the Ohio 1st Judicial District Court of Appeal and see that justice is done. I received an entry overruling motion for leave to appeal from the Presiding Judge dated August 22, 2007. The letter states,
This cause came on to be considered upon the pro se motion of the appellant for leave to file a delayed appeal and upon the memorandum in opposition.
The Court finds that the motion is not well taken and is overruled as the appellant has failed to provide sufficient reasons for failure to perfect and appeal as of right.
Further, all other pending motions are overruled as being moot.
My appeal for the expungement of a falsified and terrorized traffic conviction from 2000 cannot be denied because it is not from a Court of Record, misdemeanor, traffic. Therefore the Appeals Court, in conspiracy with their corrupt and violent Clerk are guilty of abetting the felony of tampering with evidence a fourth degree felony as a sham legal process. The Court merely acted upon the rote obstruction of justice of the State and failed in their fundamental duty as judges to protect the citizens from the inherent danger of the judiciary. The Clerk or indeed the Judge did issue the order for a quick poisoning - pain in the butt. They have furthermore given no evidence of having read the brief which would solve all of their problems if solicited in the published transcript as required. This is judicial misconduct of exactly the sort anticipated in the Appendix A that enumerates four cases of perjury one of which was exposed by the Supreme Court.
The licenses evident are those of the Prosecutor Joe Deters 0012084P and his Assistant Scott M. Heenan 0075734P. Their letter of opposition should be admitted as evidence of a practice of obstructing justice by the Office of the Prosecutor. The letter states that the motion for expungement should be denied because it has taken seven years. Mr. Heenan provided the justification for the expungment but perjured himself, as occurs in nearly every case. The Supreme Court should read this case for the vindication of their prejudice regarding Hamilton County's sham legal process and to take the Republican Party to the hogwash.
Please read this case and see that justice is done whereas Hamilton County is too corrupt to defend themselves. There are a number of issues of merit to the State.
In re: Filing an Ohio Supreme Court Case titled, "Sanders v. State" to appeal State v. Sanders from the Ohio 1st Judicial District Court of Appeals No. C-070527
Notice of Claimed Appeal of Right
1. Preliminary Injunction Ordering Records Sealed under 2953.53 ORCN to Provide for the Immunity of the Witness
Dear Clerk of the Ohio Supreme Court:
Everything seems to be in order whereas Presiding Judge Painter has granted me leave to perfect my appeal. I have now opened the Rules of Practice and find myself welcome to write although I cannot promise to do the Supreme Court justice this day. I do ask that my case be heard, "Sanders v. State" whereas the sealing of records would then be constitutional under Art. 1 Sec. 10 of the Ohio Constitution that prohibits self incrimination and double jeopardy. I ask that the Clerk to register my case as, "Sanders v. State" and give me a new case number for the Supreme Court, whereas I feel dirty.
I heeded the counsel of Mark Combs Appellate Court Administrator and I went to the office of Judge Mock the superior of Magistrate Searcy who gave me leave to appeal. I was informed that a new offense from 1994 that had been dismissed had been entered onto my record, while a companion illegally obtained evidence remains secret, even worse the record was tampered to indicate that I was put on probation when justice had actually prevailed. I have not verified whether it is in the public record whereas I do not feel well enough to confront who might be the worst offender I have ever witnessed - the Clerk whose electoral advertisement occurred concurrently with one for Chief Justice Moyer. I have thrown away all the physical evidence that I received from Appeals Court but that of the Deputy Clerk.
To be light hearted. In 1994 when I was a college student I was so foolish that I tried to defend my party from driving intoxicated when the cops came to disperse an even larger party down the street. They were friendly, or at least seemed to be legal, and tricked my friend and I to go to the sidewalk to talk with them. They then promptly arrested us for public intoxication and we bailed each other out. The Court dismissed the case. It was a far better party than the Hamilton County Republican Party that must be usurped by the either Senator Kearney or Congressman Chabot, both Republicans, to defend the Independence of the Judiciary. Mr. Chabot's office has apparently been told by other people of this need. To fully confess I was once indicted for unauthorized practice of law by the Supreme Court for calling myself a JD and having being told to stop by a lawyer who had failed to liberate my juvenile delinquent interstate psychiatric trafficked step sister who is still incommunicado although believed to be free with her brothers and mother, in Florida.
I have failed to certify a conflict between the Centers for Medicare Medicaid and SCHIP and the Hamilton County Court Computer Management System (CMS) and email, "cms". I have given this case 60 days from the judgment, August 22, 2007, for the Ohio Supreme Court to prohibit the name CMS before Halloween, when it will be national pharmaceutical month. This will help to secure the elections against fraud and intimidation.
It is hoped that Congressman John Conyers will represent the Federal Government, the party infringed upon by CMS and serve us equally to answer my question regarding amending the immunity of witnesses. I estimate the cost of doing the State of Ohio justice at $10,000 at the Supreme Court level. Twice the cost of the $5,000 in actual damages. I would negotiate my debts, costs and taxes with local State Treasury Representative Terry Trantor Esq. I must otherwise plead that I am unable to afford any costs - indigent plaintiff acting prose - that I remain since being denied by your court in 2000.
I now ask that the Supreme Court respect me as a person before the law in a case captioned "Sanders v. State" with a new file number, cognizant of the potential for a conflict of interest regarding Campbell v. Chief Justice Moyer, who I feel must now be freed.
The caption "Sanders v. State" is very important because I found the appellate court to be very unconstitutional and filled with prejudice of no merit to the administration of justice. The Ohio and US Constitutions would be much happier if the expungement were plaintiffed rather than defended. This can be the first of two decisions the Supreme Court would make in this case that I hope we will close in October. The second is to see that my entire record is sealed under 2953-52 ORCN as per your order under 2953-53 ORCN.
My name is Anthony J. Sanders, I am a resident of Hamilton County, and my date of birth is August 11, 1974.
Were the Supreme Court to expunge my record and caption the case Sanders v. State, I would be your happy servant and we might even go as far to legislate expungements for all misdemeanors/traffic after three or five years giving Ohio expungements two to four money making years before the fact that Court that are not of Record, takes precedence. The pursuit of happiness in this case, perhaps in life, is found in the responsibility of the State for the fulfillment of rights. I have the right to an expungement under 2953.32 ORCN after one year for a misdemeanor and three for a felony. The allegations against me are misdemeanor although the State has engaged in felonious judicial misconduct of a corrupt racketeering nature on many occasions over the years. The issue is that an appeal of right cannot be denied and in this case the appeal was for the immunity of witnesses so the word perjury creeps into the folds of the brain and not even a prosecutor would be permitted to pursue evidence of such little merit and so likely to be false without facing a disciplinary proceeding, for wishing to appear as thought the State of Ohio, for all its tax dollars, had not read the brief in this case.
I would prefer to conduct the entire case by email and offer you what is arguably the finest legal research in the world and definitely the best in the nation. I also offer you the counsel/enforcement of Betty Montgomery Esq., the best legal researcher in the State, to monitor the compliance of the Hamilton County Clerk. The Court is welcome to attach their thoughts on Clerkship prepared to welcome Kristina D. Frost on October 22 to their judgment.
Certificate of Service
This document was served by email to the Appeals Court on Tuesday July 17, 2007
pursuant to Loc. R. 16 B and amended in Appendix C on August 20, 2007 and again on August 24, 2007 and again on September 5, 2007 and September 13, 2007 for the Supreme Court.
Presiding Judge Painter
1st District Court of Appeals
coa@cms.hamilton- (doesn’t work)
Scott M. Heenan, Assistant Prosecutor 0075734P
Joe Deters Hamilton County Prosecutor 0012084P
Kristen Adams Deputy Clerk
Gregory Hartmann, Clerk of Courts
Ohio Supreme Court
comments@sconet.state.oh.us
Hamilton County Republican Chairman Candidates
Ohio Senator Eric Kearney, Senatorkearney@maild.sen.state.oh.us
US Rep. Steve Chabot
Counsel
US Rep. John Conyers, for CMS, John.Conyers@mail.
Terry Tranter Esq. Cincinnati Regional State Treasury terry.tranter@tos.
Betty Montgomery Esq. special prosecutor
Sanders, Tony J.
title24uscode@
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