Monday, August 16, 2010

Malicious Prosecution Trial Againt Black Journalist Canceled Pending Ruling on Affidavit of Prejudice Against Visiting Judge Trimboli By Judge Fuerst

Cuyahoga County Administrative and Presiding Judge Nancy Fuerst

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

A scheduled criminal trial set for Aug 12 in the Berea Municipal Court before a former judge sent in by Ohio Supreme Court Chief Justice Eric Brown to allegedly harass Cleveland area journalist Kathy Wray Coleman was canceled last week after Coleman filed an affidavit of prejudice against visiting former Toledo Oh. Judge Mary Grace Trimboli for determination by Cuyahoga County Court of Common Pleas Presiding and Administrative Judge Nancy Fuerst.

Trimboli replaced Berea Municipal Court Judge Mark Comstock two weeks ago, who recused himself after Coleman accused him of harassment and prejudice. She cannot proceed with trial because by state law the case is on hold until Fuerst issues a ruling on the affidavit of prejudice. If the prejudice affidavit is granted Trimboli must be replaced with a sitting judge from Cuyahoga County.

"It is nothing but racism, sexism, retaliation and malfeasance by a bunch of corrupt
non- Black judges that have gotten away with routinely doing in Blacks, women, poor people and others, and the prejudice affidavit is sound," said Coleman, a 16 year journalist who now edits the DeterminerWeekly.Com and the Kathy Wray Coleman Online New Blog and Media Network. "When a no-judge like Judge Trimboli is sent down from Toledo, Oh. by Ohio Supreme Court Chief Justice Eric Brown to replace a municipal court judge in the likes of runaway Judge Comstock when state law requires a sitting judge from the community, it is nothing but case fixing at its best."

According to public records in the case, Coleman was allegedly lured to Middleburg Hts. by her attorney, Wayne Kerek, who allegedly begged for a drive home and set up a sting with police one Friday evening last year. Middleburg Hts police pulled the car over, and though finding Kerek behind the wheel with an expired drivers license, Coleman was arrested for alleged lane changing and failure to give her name via an obstruction of justice charge. Kerek was then taken home without even a citation and he allegedly has since told Coleman that he set her up for Comstock, an alleged friend whose son played with his.

To date the seasoned journalist, who had a published one-on-one interview for the Call and Post Newspaper with now President Barack Obama in 2008, has been denied the constitutionally required arraignment to make a plea in the Middleburg Hts. Mayor's Court where Trimboli simply scheduled a trial upon securing the case, public documents reveal.

Though the case was by city ordinance to be heard by the mayor of Middleburg Hts and sent to Berea Municipal Court upon pleas of not guilty, Comstock is accused of stealing it and then harassing Coleman in retaliation for a lawsuit she filed last year against Berea Municipal Court Visiting Judge Gustalo Nunez and a host of others. That judge was sued for jailing Coleman in the county in 2008 and releasing her without charges after she was held naked because of articles in the Call and Post Newspaper and for alleged retaliation for her having challenged the since deceased Ohio Supreme Court Chief Justice Thomas Moyer Chief in sending retired judges down to the county to allegedly harass Democrats and others when a corrupt judge like Comstock recuses himself from a malicious prosecution case.

"I got telephone calls from judges and others while investigating the assignment process for judges in Ohio for the Call and Post and the harassment escalated in 2008 and continues today with calls by some people for me to be quiet while I am done in and their pockets are filled with money," said Coleman. "And I am being harassed by
crazy Cleveland Municipal Court Judge Kathleen Ann Keough per the directive of Cleveland Mayor Frank Jackson, who was originally targeting a Call and Post ranking official and simply acting as a sell out Black mayor for a corrupt mainstream establishment in Cuyahoga County that is an embarrassment both locally and nationally."

Two weeks ago Brown assigned Trimboli to replace Comstock, who refused to dismiss the case as required by law and who jailed Coleman and had her come before him to be chastised for challenging the assignment process for municipal court judges disqualified either voluntarily or involuntarily. Coleman alleges via the affidavit of prejudice that state law (Ohio Revised Code 2701.031), per Rule 17 of the Ohio Rules of Superintendence, requires a sitting judge from the county, that Trimboli is not even a judge, that Fuerst and not Brown must make the assignment in place of Comstock, and that no jurisdiction or authority to proceed exists where the case was by law to originate in the Middleburg Hts mayor's court.

"When Black leaders and Civil Rights organizations are silent on such a serious issue as to the malicious prosecution of Black women and the act of case fixing relative to the assignment process for Ohio Municipal Court judges, it is detrimental to the larger community, and certainly the Black community is impacted by this unconscionable activity," she said. "Evil thrives when good men and women do nothing."

Fuerst has not yet ruled on the affidavit of prejudice filed against Trimboli, though Coleman says that her routine disregard for the law and her harassment of Blacks and women in the past give no indication that she would be fair now.

"Judge Fuerst, who was selected less than a year ago to lead her colleagues in that corrupt Cuyahoga Country Court of Common Pleas, is part of the problem," said Coleman, who is Black. "And so are certain sell out Black leaders."

Coleman said that a petition for a writ of prohibition to stop the illegal trial proceedings and for an order of dismissal will be filed with the Ohio Eighth District Court of Appeals.