Ohio's "you play - (expose us) you pay" scheme

By David Palmer, The Watchdog, Sacramento, California

Introduction

This article deals with an ongoing scheme by elected officials in Ohio to silence those who have the courage to act as whistleblowers in exposing corruption involving public officials. . . . The recent evidence of Ohio's pay-to-play schemes involving Tom Noe, et al. is somewhat synonymous with what is going on with Ms. Baumgartner and other whistleblowers.  In this instance, I'll call it  "you play (expose us); you pay."  This writer has personally experienced this "play and pay" scheme here in the good ol' Buckeye State! . . . As you'll see from the incontrovertible evidence below, if you blow the whistle on public corruption in Ohio, you're going to become a victim of those you've had the audacity to expose.  These corrupt officials are absolutely devoid of any ethics, morality and treat their oaths of office with total contempt.  In their world, whistleblowers are the real criminals!

American Whistleblowers' League

Presents a Chronicle of the Baumgartner Case

Weigh In On Elsebeth Baumgartner on the AWL Blog

By: Andrew D. Jackson

The American Whistleblowers’ League is chronicled Dr. Elsebeth Baumgartner’s prosecution as part of its government watchdog function and because of its implications for good government advocates. Our preliminary review of relevant court records, news reports, and personal accounts suggests the case mushroomed from Dr. Baumgartner’s discontent with the response of local authorities to a 1999 argument between one of her daughters and a high school coach. The situation apparently launched a crusade by Mrs. Baumgartner against various forms of public corruption which left her suspended from the practice of law and characterized by the Ohio Supreme Court as “a threat of serious harm to the public” by February of 2002.

AWL’s compendium on Elsebeth Baumgartner should confirm that between February of 2002 and March of 2006, she unsuccessfully sought to restore her law license; was tried and convicted of falsification (7/02); was jailed and temporarily released to attend her disbarment proceeding (late 2002 - early 2003); was disbarred (9/03); lost her pharmacy license; was declared a vexatious litigant by retired judge Richard M. Markus (4/04); was cited for 34 counts of contempt, found liable for defamation, and ordered to pay a school board member $175,000 by Judge Markus (late 2004); was reportedly arrested for fleeing police (5/05) and later indicted on related charges in Ottawa County (6/05); was indicted in Cuyahoga County for intimidation, retaliation, and possession of criminal tools [i.e. a computer] based on the complaint of Judge Markus (6/05); was arrested on the Cuyahoga County charges with bond set at $360,000 and another $40,000 bond set on the Ottawa County charges (7/05); was indicted on new charges of intimidation, retaliation, falsification, and possession of criminal tools apparently based on her email communication with adult children of Judge Markus while out on bail (8/05); faced a November 14, 2005 trial date; had her bond temporarily revoked and was rearrested on November 14, 2005 with a new trial date of November 22, 2005 that was later continued to December 12, 2005; took an unknown quantity of prescription pills in open court and was taken to jail for nine days before being transferred to a hospital (12/12/05); was released on a $25,000 bond after the holidays with a trial date of March 27, 2005; and subsequently had her computer and various files, writings, as well as computer discs seized, along with some bags and bottles of supposedly unprescribed pills, pursuant to an unannounced search and search warrant from the Ottawa County Municipal Court (2/1/06).

Over the course of 2006, AWL will chronicle Else’s crusade for various criminal and constitutional law experts as well as mental health care specialists to discern their view of how and why she has paid and continues to pay such a high price for her activism.  Obviously there are corresponding lessons for all good government advocates to learn.  Perhaps Else’s case will also speak to an arguable trend facing all government critics in America.  AWL’s review of the matter to date suggests Elsebeth Baumgartner fits the following profile:

1.  A model citizen who may be a lawyer or other professional and/or accomplished in business;

2.  who charges one or more public officials with serious misconduct that is likely difficult to prove or disprove;

3.  based on purported evidence that may be corroborated by witnesses;

4.  which is excluded, discounted, or disregarded based on technicalities;

5.  by a fact-finder that is unlikely to be a regularly constituted jury;

6.  amid claims of inadequate discovery, procedural irregularities, and other constitutional challenges by the defendant or respondent;

7.  without the benefit of a thorough government investigation of the matter;

8.  leading to a total exoneration of the impugned public official(s).

*Should these circumstances prompt the prosecution of any American on disciplinary and/or criminal charges? 

*Should they justify his or her civil liability?

*Do you face or have you faced disciplinary and/or criminal charges under these circumstances?

*What was your outcome?

*Do you face or have you faced civil liability in light of them?

*Have you been subjected to civil liability because of them?

*Do you think Elsebeth Baumgartner can adequately defend herself after enduring four years of repeated prosecutions and extended incarcerations?

*What are you willing to do to help Elsebeth Baumgartner?

Mrs. Elsebeth Baumgartner, Ph.D. Pharmacology, J.D.

COMPUTER USERS
BEWARE!!!
YOU CAN BE CHARGED WITH USING A "CRIMINAL TOOL"

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Read about Markus, the Ohio Rent-a-Judge

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