Black Journalist Accuses Newly Appointed Democratic Ohio Supreme Court Chief Justice Eric Brown And Berea Judge Mark Comstock Of Harassment

Democratic Berea Municipal Court Judge Mark Comstock
Democratic Ohio Supreme Court Chief Justice Eric Brown

From the Metro Desk of the DeterminerWeekly.Com and
the Kathy Wray Coleman Online News Blog and Media Network

July 29, 2010 (SENT BY KATHY WRAY COLEMAN FROM AN OUT-OF STATE LOCATION)

Re: City of Middleburg Hts vs Kathy W Coleman, Case Nos
09 CRB 01545 and 09 TRD 05863

Dear Middleburg Heights Prosecutor Peter Hul:

Please advise the retired out-of-town judge sent to the Berea Municipal Court by Democratic Ohio Chief Justice Eric Brown, who is from Cleveland and was on the Mayfield Hts School Board for years, that I will not be appearing again in Berea Municipal Court where it has no jurisdiction over the bogus traffic citation of allegedly changing lanes and obstruction of official business for allegedly not giving my name brought last year illegally. It is alleged that the harassment from Chief Justice Brown is in exchange for support for his current run to hold the seat against a bid also by Republican Ohio Supreme Court Justice Maureen O'Connor.

I have alleged in pleadings in the Berea Court case (which just reassigned by Justice Brown retired Judge Mary Trimboli has set for trial on August 12, 2010 without pretrial or discovery for harassment purposes for Chief Justice Brown) that Attorney Wayne Kerek set up the arrest in Middleburg Hts. by securing a drive home where Middleburg Hts police arrested me when Kerek was behind the stirring wheel with an expired driver's license and was not arrested. I was charged with a crime of allegedly not giving my name and even given a traffic citation. Though the case was by city ordinance to be heard by the mayor of Middleburg Hts and sent to Berea Municipal Court upon a pleas of not guilty this step was skipped where Berea Municipal Court Judge Mark Comstock wanted the case.

Knowing that a Middleburg Hts city ordinance requires that all traffic cases initiate in the mayor's court there and proceed to the Berea Municipal Court only after a not guilty plea is entered Comstock had the case sent to him directly at Berea Municipal Court where he illegally entered a not guilty plea in the traffic case and in the criminal matter, and set a pretrial. He also denied a motion to dismiss due to lack of jurisdiction and for an extension for an arraignment and to secure counsel . He is accused of violating my constitutional and statutory rights to an arraignment where I was to be apprised of my statutory and constitutional rights as required by the Ohio Rules of Criminal Procedure. Moreover, since I am both Black and female it is a violation of the equal protection clause under the Fourteenth Amendment of the United States Constitution.

Such malicious prosecution in Middleburg Hts is in retaliation for previous writings by me on race discrimination in the Cleveland Call and Post Newspaper, litigation that challenged the illegal assignment process as to Ohio municipal court judges that replace recused sitting judges in specific cases, my community activism as an advocate for Blacks, women and others, and due to a lawsuit filed, removed to federal district court, and dismissed last year without prejudice. It names Visiting Berea Municipal Court Judge Guatalo Nunez, among others , as defendants. (See Coleman vs. Cuyahoga County Commissioners et.a. Federal District Court Case No. 1:2009CV02164). With respect to Nunez, who was assigned by now deceased Ohio Supreme Court Chief Justice Thomas Moyer to go from town to town as a retired judge to harass Black people in cases where judges have recused themselves, the lawsuit alleges in part that he, without any jurisdiction whatsoever, had me jailed in the Cuyahoga County jail on August 8, 2008. There, I was threatened over articles and investigations, given a knockout drug, supervised by a disgruntled male employee and released four days later without charges Nunez had presided over a malicious criminal prosecution against me that was dismissed by Nunez due to retaliation and harassment on February 13, 2009. (See City of Mayfield Heights vs. Kathy W. Coleman,. Lyndhurst Municipal Court Case No. 2007 CRB00908---Note: Chief Justice Eric Brown is harassing me for his hometown political friends in Mayfield Hts and has sent down a retired judge to Berea Court when she has no jurisdiction over the case). Again, the lawsuit was dismissed without prejudice on or about October 30, 2009, the day I was illegally arrested in Middleburg Hts., and following impropriety and the arbitrary denial by Cuyahoga County Court of Common Pleas Presiding Judge Nancy Fuerst of a sound affidavit of prejudice against Comstock.He recused himself from the pending Middleburg Hts criminal matter earlier this month and Kerek, my attorney in several matters, advised that he set me up under pressure and because he is friends with Judge Comstock and their sons had done Karate together.

On July 8, 2010 I was hauled into Berea Municipal Court in handcuffs and a jail suit where Comstock scolded me saying I did not agree with Chief Justice of the Ohio Supreme Court sending retired judicial friends to Cuyahoga County in lieu of sitting judges as required by law. I acknowledged that as a community activist and journalist we believe that judges should be accountable to the community and should be assigned from the community as required by law. He then said he would get the Chief Justice Brown to assign somebody, released me to go home after his harassment, and withdrew. Judge Trimboli was assigned first on July 7, 2010 by Chief Justice Brown before Comstock withdrew and it was then changed to July 9, 2010. And though I pleaded not guilty to both the bogus traffic citation and the bogus misdemeanor charge of obstruction of official business at hearing before Judge Comstock on July 8,2010 quasi judge Mary Grace Trimboli has set a trial for August 12, 2010 without a pretrial or discovery or an opportunity to secure counsel. (Note: Ms. Trimboli is not really a judge at all where she did not even retire as a Toledo Municipal Court Judge and simply did not run for reelection. It is illegal for her to serve in any judicial capacity in the state of Ohio, it appears)

Since the Berea Court has no jurisdiction and Chief Justice Brown is now harassing me for Mayfield Hts , Lyndhurst etc, I will not be appearing where this case was to go to the mayor's court and Trimboli has no jurisdiction to hear it. I am currently out of the state due to harassment purposes and this letter is sent to Cuyahoga County Republican Party Chairperson Rob Frost, and Plain Dealer and Call and Post Newspaper officials due to the harassment from recently appointed Chief Justice Eric Brown.

Please advise Retired Judge Trimboli that no matter how bad she wants to get me for Chief Justice Eric Brown and others, she has no jurisdiction over this case where it was to originate in the mayor's court and proceed to the Berea Municipal Court after I pleaded not guilty to the bogus traffic citation and criminal charge. The mayor would not play ball so Comstock violated the law and skipped the mayoral court level to have the case sent to him. He then recused himself from the case and got Democratic colleague and recently appointed Ohio Supreme Court Chief Justice Eric Brown to send down Judge Trimboli from Toledo to further the harassment. I hope Chief Justice Brown loses in November to Justice O'Connor and I do believe that Justice O'Connor would be harassing me like this for police unions, corrupt Democratic judges and those seeking to silence articles on racism against Blacks.

I will file an affidavit of prejudice against Judge Trimboli and I have asked the FBI, via an email complaint, to investigate this issue, including runaway Judge Comstock, who is still acting as a judge and harassing me with letters to my home, though he withdrew from this bogus case in July. I will also file a petition for writ of prohibition with the Ohio Eighth District Court of Appeals to stop Trimboli from going forward with the case where the Berea Muncipal Court has no authority or jurisdiction over it and it must therefore be dismissed.

Journalist Kathy Wray Coleman

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