Monday, July 26, 2010

Ohio Supreme Court Chief Justice Eric Brown Denies Valid Affidavit of Prejudice Against Judge McGinty In Lawsuit Filed By Black Journalist

Cuyahoga County Court of Common Pleas Judge Timothy McGinty

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

Democratic Ohio Supreme Court Chief Justice Eric Brown on Wednesday denied an affidavit of prejudice filed against Democratic Cuyahoga County Court of Common Pleas Judge Timothy relative to a lawsuit before him that was filed on behalf of local Cleveland area Black journalist Kathy Wray Coleman. The suit alleges malicious prosecution, abuse of process and intentional infliction of emotional distress and was originally filed against the municipalities of Shaker Hts. and Beachwood, its law director Margaret Ann Cannon, Retired Beachwood Business Woman Myrna R. Gill, and others. McGinty threw out the lawsuit in 2008 and it was subsequently reinstated by a state appellate court as to Gill, though Coleman says that since all of them are in it together one culprit is representative of the downfall of the whole bunch.

"We accept the decision of Chief Justice Brown to deny the valid affidavit of prejudice against Judge McGinty, though it was issued in his favor solely because I am a Black woman and he is a powerful White male judge with connections to the Ohio and Cuyahoga County Democratic parties," said Coleman. "We pray that the harassment by Judge McGinty will cease and that he will be fair hereinafter, and we realize that there is a double standard for Blacks that seek civil redress in Ohio courts for illegal wrongs against non-Blacks like Gill and rich and powerful entities like the racist cities of Shaker Hts. and Beachwood."

The case will now return to the docket of McGinty where he will rule on whether the suit will go forward pursuant to the motion filed by Gill's attorney to throw it out and the response in opposition filed by Coleman's attorney. Gill's attorney has also asked McGinty to sanction Coleman in retaliation for wining reinstatement of dismissal of the lawsuit by the Ohio Eighth District Court of Appeals even before the judge determines if the case will proceed to trial, an action that Coleman brands arrogant and racist.

"They maliciously prosecuted me in Shaker Heights Municipal Court in 2005 at Gill's request in the midst of documentation that showed without a doubt that she had lied saying that I had harassed her since 2003 by allegedly calling her three times in one month when she allegedly told me not to, and the prosecution came after I refused to drop a counter suit against Chase Manhattan Mortgage Company that was pending before Cuyahoga Judge John O'Donnell," Coleman said. "They sought to assist Chase and to silence free speech of articles on issues of public concern pertinent to the Black community, including allegations by others of race discrimination. But more importantly, I did not call her when she allegedly told me not to where she never made such a request and she actually invited me to call for documentation she had as to the Chase litigation whereby she and others then orchestrated the malicious prosecution."

Prior to the jury trial, where Coleman was represented by Cleveland attorney Terry Gilbert, prosecutors had proof that Gill and Coleman had voluntarily met at least eight times in 2004, negating the allegation of harassment in 2003, but Coleman says the prosecution continued because she would not agree to an offer that she stop writing articles and not sue for constitutional and statutory wrongs.

A freelance journalist of 16 years who now edits the Determiner Weekly.Com and the Kathy Wray Coleman Online News Blog and Media Network, Coleman filed the suit after the Shaker Heights Municipal Court jury, on Oct. 28 2005, found her not guilty of a misdemeanor charge of telecommunications harassment brought by the city of Beachwood, Oh in connection with Gill's falsified complaint. Subsequent to the jury trial Gill was investigated for alleged perjury and falsification where the special prosecutor assigned relative to the investigation ruled that since Gill had lied in her complaint and via her trial testimony her lies were not inconsistent to warrant charges of falsification and perjury, a decision that Coleman says is racist and protection of Gill for lying for the prosecution as to the malicious criminal charge that she was exonerated of.

According to the suit Coleman claims, among other issues, that the criminal prosecution was malicious and in retaliation for articles that she wrote that were published in Cleveland's Call and Post Newspaper, a weekly that targets the Black community. In particular, the journalist allegeS that Shaker Hts. and Beachwood officials were angry over a series of articles detailing alleged discrimination against Blacks in housing by Shaker Hts officials. Margaret Anne Cannon, the law director for the cities of Shaker Hts and Beachwood, had it in for her, says Coleman, where she also encountered Cannon pursuant to Cannon's private practice representation of the Cleveland Metropolitan School District regarding litigation brought on behalf of the journalist years ago that alleged race discrimination and other claims as to her then job as a district biology teacher.

Coleman says that the harassment is ongoing including attempts by Cleveland Municipal Court Judge Kathleen Ann Keough to illegally jail her for Shaker Hts and others as to a bogus resisting arrest verdict that she orchestrated for the City of Cleveland in 2009 without a complaint or testimony from sole arresting officer Gerald Pace.

"Regarding the Keough retaliation case, I would rather go to jail than to be sentenced illegally for an alleged crime against Sherrif Deputy Gerald Pace that he did not allege," said Coleman. "While the Cleveland NAACP is pretending to stand up for alleged racism against Blacks at local bars without any specifics, it will not take a stand against the malicious prosecutions of Black women by the City of Cleveland and other Ohio municipalities and claims of police brutality by Cleveland police against Black men, women and girls."