CRIMINAL SENTENCING: Commonwealth v. Ruzal, No. ____ (Pa. C.P. 2009).
Status: Defendant sentenced to 33 days in jail
Defendant Scott Ruzal was convicted of driving while intoxicated in a March 16, 2009 trial. Before his sentencing, the prosecutor discovered that Ruzal had been sending Twitter messages during his trial commenting on the proceedings, such as “When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn’t say a word.”
At the May 7 sentencing, the prosecutor argued that the Tweets showed disrespect for law enforcement. Ruzal apologized for the drunken driving, but not for the comments, saying,“That wasn’t anything I said out of disrespect of the court. It was just an expression of a particular sentiment that I was feeling at the time.”
The judge sentenced Ruzal to 33 days in jail.
Links and Case Documents:
http://www.centredaily.com/news/local/crime_courts/story/1276320.html
Showing posts with label Court proceedings. Show all posts
Showing posts with label Court proceedings. Show all posts
Garrett v. Better Publications, Civil No. CL08000197-00 (Va. Cir. Ct., Buckingham Co. subpoena to blogger Jan. 15, 2009).
Status: Subpeona pending.
In December 2008, Thomas Garrett sued The Hook weekly newspaper for its coverage of a state criminal case against him. The filing of the lawsuit was covered by various newspapers and blogs, including the cvillenews.com blog, which focuses on community news in Charlottesville, Va. Garrett then subpoenaed blogger Waldo Jaquith, seeking information used to write the blog’s article on the lawsuit, and the identity and IP addresses of all commenters to and viewers of the article. Jaquith has filed a motion to quash the subpoena, and has invoked Virginia’s reporter’s privilege.
Links and Court Documents:
http://www.citmedialaw.org/blog/2009/virginia-blogger-targeted-outrageous-subpoena
http://waldo.jaquith.org/blog/2009/01/motion-to-quash/
http://www.rcfp.org/newsitems/index.php?i=9996
http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=524
Status: Subpeona pending.
In December 2008, Thomas Garrett sued The Hook weekly newspaper for its coverage of a state criminal case against him. The filing of the lawsuit was covered by various newspapers and blogs, including the cvillenews.com blog, which focuses on community news in Charlottesville, Va. Garrett then subpoenaed blogger Waldo Jaquith, seeking information used to write the blog’s article on the lawsuit, and the identity and IP addresses of all commenters to and viewers of the article. Jaquith has filed a motion to quash the subpoena, and has invoked Virginia’s reporter’s privilege.
Links and Court Documents:
http://www.citmedialaw.org/blog/2009/virginia-blogger-targeted-outrageous-subpoena
http://waldo.jaquith.org/blog/2009/01/motion-to-quash/
http://www.rcfp.org/newsitems/index.php?i=9996
http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=524
CRIMINAL CASE: Ohio v. Baumgartner, No. CR-05-470184-A (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Ohio v. DuBois, No. CR-05-470184-B (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Status: Baumgartner is appealing her conviction; Charges against DuBois dismissed pursuant to plea bargain.
Elsebeth Baumgartner of Oak Harbor, Ohio and Bryan DuBois of Sandusky, Ohio allegedly used their site www.erievoices.com to libel and harass retired Cuyahoga County Judge Richard Markus, who had presided over a libel lawsuit against Baumgartner that ended with a $175,000 verdict against Baumgartner.
During the trial in this case, on criminal charges of intimidation and harassment for the web site postings and other activities, Baumgartner moved to have trial judge Shirley Strickland Saffold removed from the case. Although Saffold refused to recuse herself, Baumgartner continued to argue for recusal. Saffold eventually ordered her jailed for contempt. Baumgartner then presented a note from her doctor that she was not competent to stand trial, and Saffold ordered her admitted to a psychiatric hospital for evaluation.
In March 2006 DuBois pleaded guilty to separate charges against him in Ottowa County. As part of the plea bargain, the Cuyahoga County charges were dismissed and DuBois agreed to testify against Baumgartner in her trial.
On June 1, 2006, Baumgartner was again found in contempt and jailed; she was released on Oct. 5. On Oct. 31, 2006, Baumgartner was found guilty of 27 counts of contempt of court, and on Nov. 15 she was found guilty of 15 felony counts of intimidation and retaliation. On Nov. 28, 2006, Baumgartner was fined $2,700 and sentenced to 120 days in jail for the contempt counts, which she is appealing; on Dec. 18, 2006, she was sentenced to eight years in prison for the intimidation and retaliation counts, with the sentence stayed pending appeal. But her bond was revoked in 2008, after Baumgartner filed yet another lawsuit in violation of the conditions of her appeal bond. Baumgartner appealed the bond revocation, but the Ohio Supreme Court affirmed (Baumgartner v. Duffey, 2009-Ohio-1218, 2009 WL 792230 (slip opinion)).
Links and Court Documents:
http://www.citmedialaw.org/state-v-baumgartner
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303
http://www.wkyc.com/video/player.aspx?aid=14346&sid=38099&bw= (video)
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050927/NEWS01/509270301/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051214/NEWS01/512140306/1002
http://www.northcountrygazette.org/articles/060206BaumgartnerJailed.html
http://mp3.rbnlive.com/Greg/0603/20060329_Wed_Greg1.mp3 (audio)
http://www.northcountrygazette.org/articles/100506ReleasedFromJail.html
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20061031/NEWS02/610310359
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/116367081364530.xml&coll=2
http://toledoblade.com/apps/pbcs.dll/article?AID=/20061129/NEWS02/611290323/-1/NEWS
http://www.sanduskyregister.com/articles/2008/05/10/front/754929.txt
Ohio v. DuBois, No. CR-05-470184-B (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Status: Baumgartner is appealing her conviction; Charges against DuBois dismissed pursuant to plea bargain.
Elsebeth Baumgartner of Oak Harbor, Ohio and Bryan DuBois of Sandusky, Ohio allegedly used their site www.erievoices.com to libel and harass retired Cuyahoga County Judge Richard Markus, who had presided over a libel lawsuit against Baumgartner that ended with a $175,000 verdict against Baumgartner.
During the trial in this case, on criminal charges of intimidation and harassment for the web site postings and other activities, Baumgartner moved to have trial judge Shirley Strickland Saffold removed from the case. Although Saffold refused to recuse herself, Baumgartner continued to argue for recusal. Saffold eventually ordered her jailed for contempt. Baumgartner then presented a note from her doctor that she was not competent to stand trial, and Saffold ordered her admitted to a psychiatric hospital for evaluation.
In March 2006 DuBois pleaded guilty to separate charges against him in Ottowa County. As part of the plea bargain, the Cuyahoga County charges were dismissed and DuBois agreed to testify against Baumgartner in her trial.
On June 1, 2006, Baumgartner was again found in contempt and jailed; she was released on Oct. 5. On Oct. 31, 2006, Baumgartner was found guilty of 27 counts of contempt of court, and on Nov. 15 she was found guilty of 15 felony counts of intimidation and retaliation. On Nov. 28, 2006, Baumgartner was fined $2,700 and sentenced to 120 days in jail for the contempt counts, which she is appealing; on Dec. 18, 2006, she was sentenced to eight years in prison for the intimidation and retaliation counts, with the sentence stayed pending appeal. But her bond was revoked in 2008, after Baumgartner filed yet another lawsuit in violation of the conditions of her appeal bond. Baumgartner appealed the bond revocation, but the Ohio Supreme Court affirmed (Baumgartner v. Duffey, 2009-Ohio-1218, 2009 WL 792230 (slip opinion)).
Links and Court Documents:
http://www.citmedialaw.org/state-v-baumgartner
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303
http://www.wkyc.com/video/player.aspx?aid=14346&sid=38099&bw= (video)
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050927/NEWS01/509270301/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051214/NEWS01/512140306/1002
http://www.northcountrygazette.org/articles/060206BaumgartnerJailed.html
http://mp3.rbnlive.com/Greg/0603/20060329_Wed_Greg1.mp3 (audio)
http://www.northcountrygazette.org/articles/100506ReleasedFromJail.html
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20061031/NEWS02/610310359
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/116367081364530.xml&coll=2
http://toledoblade.com/apps/pbcs.dll/article?AID=/20061129/NEWS02/611290323/-1/NEWS
http://www.sanduskyregister.com/articles/2008/05/10/front/754929.txt
In Re: Anderson, Nos. 2004-295,192-GA; 2004-295,193-CA; and 2006-307, 599-CZ (Mich. Probate Ct., Oakland County.
Status: Gag order rescinded
A probate judge presiding over a long-running dispute between Diane Anderson and her brother David Anderson over care of their elderly mother ordered Diane Anderson to take down a web site she was maintaining (www.davidcarlandersonandelderabuse.com), where she commented on the proceedings. Szymanski said that he issued in order in frustration over Anderson’s behavior in court. “She is not willing to accept rulings and she continues to argue,” he told the Detroit Free Press. “I warned her four or five times.”
After Anderson refused to remove the site, Judge David Szymanski ordered her immediately jailed at a morning hearing on Dec. 8, 2008.
After she was held for about an hour, she was returned to Judge Szymanski’s court.
She again refused to remove the site, and was jailed again for another three hours before she was released, pending a hearing on Dec. 11.
On Dec. 10, the site disappeared.
At the Dec. 11 hearing, Judge Szymanski rescinded his order, and said that Anderson could continue posting on her site.
Links and Court Documents:
http://www.freep.com/apps/pbcs.dll/article?AID=200881210119
http://www.freep.com/apps/pbcs.dll/article?AID=200881211066
Status: Gag order rescinded
A probate judge presiding over a long-running dispute between Diane Anderson and her brother David Anderson over care of their elderly mother ordered Diane Anderson to take down a web site she was maintaining (www.davidcarlandersonandelderabuse.com), where she commented on the proceedings. Szymanski said that he issued in order in frustration over Anderson’s behavior in court. “She is not willing to accept rulings and she continues to argue,” he told the Detroit Free Press. “I warned her four or five times.”
After Anderson refused to remove the site, Judge David Szymanski ordered her immediately jailed at a morning hearing on Dec. 8, 2008.
After she was held for about an hour, she was returned to Judge Szymanski’s court.
She again refused to remove the site, and was jailed again for another three hours before she was released, pending a hearing on Dec. 11.
On Dec. 10, the site disappeared.
At the Dec. 11 hearing, Judge Szymanski rescinded his order, and said that Anderson could continue posting on her site.
Links and Court Documents:
http://www.freep.com/apps/pbcs.dll/article?AID=200881210119
http://www.freep.com/apps/pbcs.dll/article?AID=200881211066
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