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There’s a serious problem in Ottawa County, Ohio.
A person charged with a crime has a constitutionally protected presumption of innocence until proven guilty beyond all reasonable doubt.
A person has a constitutionally protected right to a fair trial.
However, apparently Ottawa Common Pleas Court Judge Paul Moon doesn’t understand that and neither does the Port Clinton News Herald, the newspaper supposedly “serving” Ottawa County but then often times the biased media works hand in hand with government officials that should be holding accountable.
Elsebeth Baumgartner, under attack by the judiciary and criminal justice system in Ottawa, Cuyahoga and Erie Counties for the criminal justice system’s unconstitutional attempt to criminalize her exercise of free speech rights when issuing strong criticism of the judiciary and public officials, is currently facing charges in Ottawa County Common Pleas Court before Judge David Faulkner on 34 contempt charges on the complaint of retired visiting judge Richard Markus.
There are also other criminal charges pending against Baumgartner in Ottawa County. Judge Moon has denied Baumgartner her right to presumption of innocence and fair trial rights by intentionally, recklessly and willfully engaging in a character assassination of her in the press.
Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge---and that includes Paul Moon----to this responsibility. Conversely, violation of judicial ethics, in which Paul Moon blatantly and seriously engaged, diminishes public confidence in the judiciary of thereby does injury to the system of the government under law.
There was little perception that Elsebeth Baumgartner could get a fair trial in northern Ohio. Judge Paul Moon has removed all doubt which is why all charges against her in Ottawa County must morally, ethically, legally and constitutionally be dismissed without any delay.
Faulkner has denied Baumgartner her request for a jury trial in the matter, saying that civil standards apply despite the fact that she could be jailed for up to 30 days on each count in addition to having a monetary penalty imposed. The U.S. Supreme Court has firmly established that a person is guaranteed a right to jury trial anytime their liberty interests are at stake. Additionally, according to Baumgartner, she has been denied her right to counsel, being told by Faulkner that she must defend herself in the charges, because he says the charges aren’t criminal.
But Markus has testified under oath that they are criminal so already there’s a major constitutional problem with the prosecution of Baumgartner, being undertaken by Ottawa County prosecutor Mark Mulligan who has his own ethical dilemmas in prosecuting Baumgartner.
The reason that Faulkner is adjudicating the case is that Judge Paul Moon has a long and documented conflict and actual prejudice towards Baumgartner, but that didn’t stop him from using the Port Clinton News Herald to further violate Baumgartner’s rights, comment about her cases pending in the court and attempt to create highly prejudicial pre-trial and trial publicity for Baumgartner.
All charges against Baumgartner now in Ottawa County should immediately be dismissed due to the misconduct of Judge Paul Moon.
Baumgartner’s trial on the contempt charges has been adjourned until Monday, April 3 after having commenced March 20. Markus has testified and been cross-examined by Baumgartner and Baumgartner herself has testified. Mulligan chose not to cross examine her.
When the trial reconvenes Monday, Baumgartner’s husband is scheduled to testify. However, due to the display of egregious judicial misconduct by Moon, there can be absolutely no public perception of fairness and impartiality in that courthouse in any matter pertaining to Baumgartner.
Moon, pandering to the obviously biased News Herald, claimed in an article published March 30 that Baumgartner had breached security at the courthouse last week because she allegedly entered the office of court attorney Charles Munoz which is adjacent to Moon’s office. Moon readily admits that he has no idea why she went to the office, if she did, or what was discussed which establishes a reckless disregard for the truth.
“We had specific security and she was not allowed in the court office”, the newspaper quotes Moon as saying “But she burst in”. Moon then uses the newspaper to further cause prejudice to Baumgartner and her pending case indicating that she was supposed to be guarded by a sheriff’s deputy, holding her up to public ridicule and inferring, with obvious malice and without basis, that’s she’s some sort of dangerous person.
His published comments are sufficient not only to demand that a mistrial be declared in the pending case and any and all charges against Baumgartner in Ottawa County dismissed, but Moon should immediately be suspended from office and in fact, removed from the bench by the Ohio Supreme Court.
There is little doubt that he has violated the judicial canons due to his very publicly published comments.
Moon wants another sheriff’s deputy assigned to the courthouse or a probation officer. He is quoted as saying, “The only reason that was a serious breach of security is one, because she wasn’t supposed to be back there, and two, we just don’t know what that woman is capable of”.
Guilty he says but yet he admits that he doesn’t even know the facts. How would you like him sitting in judgment of you?
The Code of Judicial Conduct states that public confidence in the judiciary is eroded by irresponsible or improper conduct by judges, and Moon’s behavior was absolutely reprehensible.
Judicial code specifically states that while a proceeding is pending or impending in any court, a judge shall not make any public comment that might reasonably be expected to affect its outcome or impair its fairness.
There can be no denial that Judge Paul Moon violated that judicial canon and caused serious harm and prejudice to Elsebeth Baumgartner, impaired any perception of fairness in any judicial proceeding pending or impending against her in Ottawa County Court or any court within the readership of the Port Clinton News Herald.
In fact, Paul Moon having been disqualified from hearing cases involving Baumgartner because of his documented conflict and established his malice towards her, has seriously defamed and slandered Ms. Baumgartner.
Markus claimed that Baumgartner insulted him during a defamation trial that he was adjudicating against her and, she has been criminally charged with intimidation and retaliation because Markus claims that he was intimidated because she told him he fixes cases, is corrupt and a rent-a-judge.
The law works both ways. With the actions of both Moon and Markus against Baumgartner, using the prestige of their office to retaliate against her, not only should all the charges against Baumgartner be dismissed, but it looks to us like there’s real strong basis for the state to bring charges of intimidation and retaliation against Moon and Markus for their attacks on Baumgartner.
With his defamatory and reckless statements against Baumgartner, Paul Moon has done irreparable damage to the judicial system of Ottawa County and he only gives even more credence to Baumgartner’s charges of a judiciary gone amok in northern Ohio. 3-31-06
© 2006 North
Country Gazette
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