Northern Ohio bloggers Dr. Elsebeth Baumgartner and Bryan DuBois, blogging at Erie Voices, were arrested back in July. According to this LP release:
The bloggers were arrested in July on charges of intimidation, retaliation, and possession of criminal tools (a computer). Their trial began yesterday. The charges originated from a complaint made by retired visiting Judge Richard Markus, who alleges that Baumgartner and DuBois intimidated and threatened him in 2004 prior to a civil trial in which Baumgartner was the defendant, as reported by the North County Gazette.The bloggers believe the indictments against them were for "publishing about judicial corruption." Daniel Kasaris, the Cuyahoga County assistant prosecutor who filed the charges against Baumgartner and DuBois, had been the subject of criticism on the Erie Voices blog. Baumgartner and DuBois accused Kasaris of submitting a forged indictment the day before a pre-trial hearing. More specifically, the bloggers claim on their site, Erie Voices, that the grand foreman's signature was forged, contains numerous misspellings and does not resemble other Cuyahoga County indictments.
Lest this be dismissed as some paranoid Libertarian delusion, there's this from the North Country Gazette:
But the conflicts and outright blatant bias and prejudice already demonstrated in the case are overwhelming and raise serious questions if they can receive any semblance of a fair trial anywhere in northern Ohio.The duo was charged this summer in a secret indictment obtained by assistant Cuyahoga County prosecutor Daniel Kasaris whose boss, William Mason, has been the target of the blog's allegations of wrongdoing.
On Nov. 7, Baumgartner and DuBois filed an motion with the Ohio Supreme Court for the disqualification of the trial judge, Cuyahoga County Common Pleas Court Judge Shirley Strickland-Saffold as well as all the Cuyahoga County Commons Pleas court judges and all retired visiting judges, on the grounds that Saffold is biased against them and has had prohibited communications with Markus, the complaining witness. A decision on that motion is expected this week by the Supreme Court, perhaps as early as Tuesday, Nov. 22.
Saffold clearly demonstrated her bias last week by revoking Baumgartner's bond and sending her to jail for three days without stating on the record the cause for the arrest and detention and while a stay of the proceedings imposed by the Ohio Supreme Court was in effect. The stay legally precluded Saffold, whose alleged bias was the subject of the pending motion, from taking any action in the case until the Supreme Court rules on the defendant's motion to remove Saffold from the case.
Saffold released Baumgartner from jail Thursday after a hearing was held.
But during the hearing, a starling revelation and admission was made, appearing to solidify allegations of wrongdoing and improper relationships between the court and the prosecutor when Kasaris revealed that his office was preparing Judge Saffold's response to Baumgartner's motion for her disqualification. In essence, the prosecutor is serving as the personal attorney for the judge in the case which is strictly prohibited by court rules and rules governing judicial conduct. It would also seem to serve as grounds for a complaint to filed against both Kasaris for allegedly violated the Code of Professional Responsibility, as well as Saffold for alleged judicial misconduct.
[Emphasis mine, errors in original]
It could be useful if this story were more widely known. Perhaps I've just missed the media coverage?
Moveon.org put together an ad bemoaning US troops' languishing in Iraq, but made an error. They included a photo of British troops when they meant to show Americans. No big deal, I'd think, and easily fixed. Except, what Moveon did next was high comedy. Go see what's behind the link. I'll wait.
OK.
I can't think of a reason why they would do that, unless it was for comedic effect. If they were in fact trying to parody a group of over-sensitive activists trying to cover their lack of knowledge of all things military, well in that case, Bravo.
Shorter LA Times: "Where's our money?"
h/t Jeff.
this most American of holidays. We recognize our good fortune and give thanks for it.
There's a proposal to have Denver bid on hosting the '08 Democratic National Convention.
I think I would leave town for the duration, and avoid the protests, security and traffic headaches.
Maybe I could rent out my house for the week, since I live close to downtown. But only if I can hire someone else to clean up afterward...
Luis on the other hand, is pretty happy about the prospect.
Once in a while I read something that surprises me, like, say, the eleventh article of the 1796 treaty with the Bey of Tripoli...
As the government of the United States of America is not in any sense founded on the Christian Religion; as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen; and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.
I'm surprised that I haven't read this before, as it seems relevant to several hot issues these days.
Via Alex Tabarrok, who notes that the treaty was read in the Senate and passed unanimously, and published in several newspapers without stirring opposition.
Today's Rocky:
Allysan Isaac, 24, was held nearly a year in work release for something that a judge said Tuesday was not even illegal."You were incarcerated for a case that was not a crime," said Mesa County District Judge Brian Flynn, who presided over the case.
Flynn, the prosecutor and Isaac's defense attorney were unaware last year that the offense she was charged with was not a violation of the law.
No one had noticed that a prescription drug found in Isaac's possession, an anti-anxiety medication called Buspirone, is not a controlled substance.
This is the sort of thing that happens when millions of citizens are prosecuted for drug crimes. Things like justice and accuracy got lost in the bureaucracy.
That must be what you call it when even reading blogs becomes a chore. I think I'm over it now, though...