Posts filed under ‘Criminal Offenders’
when diversions go bad the UPDATE January 16th 2015
How did that “Diversion ” sentence work out? (May 14th 2013)
ELYRIA — Former Lorain County Community Action Agency Director Robert Gilchrist pleaded guilty Monday to four felony counts of illegal voting, but those charges will be dropped if he completes a year-long diversion program.
The program gives Gilchrist the chance to emerge from the long-running controversy over where he voted in four separate elections without a criminal conviction on his record.
“As long as he’s successful, this goes away,” Anthony Baker, Gilchrist’s attorney, said……………………..
………………..Baker had been preparing to argue that Gilchrist was singled out for prosecution because he is black or because of his association with former Mayor Tony Krasienko, who was defeated in the 2011 Democratic primary. He contended that people who had made similar voting missteps in previous elections weren’t prosecuted.
Will and his office had repeatedly rejected that argument, saying they were pursuing a violation of the law that had nothing to do with race or politics. They also pointed out that not every issue brought up by Baker was referred to prosecutors by the county Board of Elections.
Wonder what this latest Gilchrist “Diversion” this will take?
Robert Gilchrist, a former Lorain service director and ex-Lorain County Community Action Agency CEO and president, faces drug charges after a traffic stop.
Police said they found four packages of suspected marijuana in a vehicle driven by Gilchrist about 8:35 p.m. Friday. The 44-year-old Gilchrist is due in Oberlin Municipal Court today facing charges of trafficking in drugs, aiding the sale of schedule III, IV or V drugs, possession of marijuana and impeding traffic. He was being held without bond at the Lorain County Jail on Sunday night.
Quite the Monday morning “diversion”-
ATTENTION! Fellow taxpayer, you who are busy trying to earn a few sheckles in this rust belt of an economy , you who did your civic duty and voted in Judges and Commissioners and trusted them to “do due diligence” to the task appointed by your vote. We are seeing our hard-earned money spent on “attorneys” because the Judicial System and the ( County) Executive Branch cannot communicate.
The Court of Common Pleas, the only trial court created by the Ohio Constitution, is established by Article IV, Section 1, of the Constitution, and its duties are outlined in Article IV, Section 4.
Missing: mission statement
with the Administrative ( Executive Branch) Lorain County Board of Commissioners ( whose mission statement also couldn’t be found as it kept coming up “error”.)
Not a good sign fellow taxpayers… Mission Impossible...
So let us see how this works- we are of course seeing our money go out of the county to Cuyahoga and to Subodh Chandra- Chandra has benefitted from the Lorain City and Lorain County squabbles big time-
We ,the taxpayers, have poured money into his pockets. The Commissioners helped Mark Stewart to get the situation out of common sense and into to Chandra CENTS.
But hey! Chandra persevered and finally The city of Lorain caved. Of course the poor old city taxpayers were hamstrung you see our Cuyahoga attorney Anthony Calabrese was involved in another aspect of the judicial system.
Calabrese’s former law firm, Vorys, Sater, Seymour and Pease agreed to pay a $3 million settlement to the city of Lorain, which had employed Calabrese and the firm during the years of corrupt activity. The Lorain City Council on Monday approved the deal, contained in a 10-page ordinance titled “settlement and mutual release agreement.”
The agreement “will be a great benefit to the city,” the ordinance read, “and the delay of lengthy litigation resolved amicably without delay to the benefit of the city of Lorain.”The $3 million will be made in two equal payments due Dec. 20 and Jan. 10, according to terms of the settlement.
We did get some of our money back with a settlement ( figured out by other attorneys and paying them a fee) so all was not lost – just reputations smeared, spin, hard feelings and confusion still reigns as to the CRA.
But Chandra is on course for the race to who will give in first. His methodology is quite simple –
One he uses his contacts in the Plain Dealer and Cleveland news outlets to tell the tale- https://thatwoman.wordpress.com/2008/03/17/hear-ye-hear-ye-all-rise-the-right-hon-public-opinion-presiding/
The headlines cause shock and awe – he then will use those same slanted until they tip over ” news” stories as part of his arguments in court.
That is what he does, and it has started - in fact the TAXPAYER is taken to task in the first volley found here:
Lorain County’s worst public building is no place for probation officers: “Hey, Taxpayer!” with Mark Naymik
I was unable to access parts of the building documented by a photographer hired by Chandra.
and to further add insult to injury
It’s hard to believe spending a quarter of million dollars will produce a cost-effective, long-term solution in a building that needs so much. Taxpayers deserve a better option.
errr excuse me Mark – we, the taxpayer, aren’t given any options – we just cough up the money and choke…… and according to Channel 3 we, the taxpayer, keep a filthy house, errrrrr last time I looked we paid for maintenance and janitors- what happened??? But great spin Chandra we got our monies worth on that one!
The county house of filth
“Because the county too- seemingly only keep records of monies paid to Chandra and Co- not the driving to and from meetings ( although Chandra does – he counts it in his invoices to us -the taxpayer- ( through the real estate account in the County coffers- He counts his hours and what it costs for him and what it cost for his assistant.) but apparently county government doesn’t. So I guess to get a true accounting of what it is costing I should ask Chandra he may have a better idea”
Now fellow combatants, since we will be paying for Cha- Ching Chandra and the opposing counsel, one would only hope the Commissioners find an attorney ( not of the character of Calabrese)
http://amlawdaily.typepad.com/amlawdaily/2011/09/arntsen-calabrese.html who can take on Chandra.
OH! OH! WHAT AM I THINKING- WE ARE PAYING FOR HIM/HER TOO!
Therefore , if that law firm is any good this could go well past a million dollar mark, wonder if they have media contacts they can use. Maybe the taxpayer could sell tickets to this Comedy of Errors and recoup some of the money spent by our “employees“.
So , the upshot is no matter how this turns out – we the taxpayer lose and the only thing we can do is remember how much those that started the Chandra Ball rolling as they fired the first “legal” salvo and spent the first dime of our money – at election time -
THEY SPENT NOT WISELY BUT TOO WELL!!!!!!
NOTE: And whilst I am telling it to the Judge- Please judges – try to refrain from those probation sentences , help ease the workload for the probation department and maybe I wouldn’t have 82 in my neighborhood and 270 in the county!
Judges in their robes always remind me of crows- and the poem
One for sorrow,
Two for mirth
Three for a wedding,
Four for birth
Five for silver,
Six for gold;
Seven for a secret,Not to be told;
Eight for heaven,
Nine for hell
And ten for the devil’s own sell! ( meaning selling ones soul to the devil)
Our current six crows –
Judge Betleski ( heard of him in the CRA debacle ?He knows how much his choice of Chandra will cost the taxpayer – he should – as he has been there done that with the CRA)- https://thatwoman.wordpress.com/2008/02/18/is-it-the-fish-that-stinks-or-the-company/
Judge Ewers, the Two Miraldis,
Judge Burge – has his own issues) http://chronicle.northcoastnow.com/2014/05/29/prosecutor-seeks-sweeping-ban-judge/
have an issue with the Lorain County Commissioners and Lorain County Administrator .
Ted Kalo, Lori Kokoski, Tom Willams , Jim Cordes
Read the latest in response to the argument in this morning’s Chronicle Telegram- Evan Goodenow
“Just because somebody wants something doesn’t make it the right thing,” Kalo said.
Kokoski said department workers’ health and safety isn’t at risk in the building and they are exaggerating problems. She said photos of decrepit conditions are from areas where employees aren’t supposed to be.
“They’re trying to shame us into spending $2.8 million because they want what they want,” Kokoski said.
While the $1.2 million share of the cost of the move is about 2.2 percent of the $53 million county budget, Kokoski said the county can’t afford it.
“We would have to borrow that,” she said. “We don’t have money to fix our sidewalks.”
Williams said in an interview that the $50,000 requested Tuesday by the judges to hire a Cleveland law firm to sue the Board of Commissioners is just the start of a potentially costly legal battle. He estimated it could cost $500,000 for a settlement and $750,000 to $1 million if the case is resolved in court.
According to Tim Lubbe the Court Administrator who wrote the following in a replying email when I announced my displeasure of getting on the legal eagle train again.
I have received your email and I can appreciate your sentiment. I would like to offer you some information which may provide a different perspective on this matter. This week Channel 3 and the Plain Dealer will be doing an expose on the working conditions to which the County Commissioners have relegated the Lorain County Adult Probation Department. I believe you will find these reports very illustrative of why we had to hire an attorney to address the deplorable conditions under which these employees must work. This link provides some pictures (taken in the last two weeks) of what these employees have been forced to endure. https://www.dropbox.com/sc/ea02qpuxqp24jme/AABBAOKr08J5Z-ktbPxcySpna
Certainly I have one perspective on this issue: to provide the Court’s employees with adequate space where they can perform their job on behalf of the Court and the citizens of Lorain County. I don’t believe that our employees should expect to work in extravagant facilities. However, they also should not have to withstand constant exposure to feces, mold, sewage and a physically unsafe environment. Ultimately, I would ask that before you conclude that Court is wasting taxpayer dollars you consider all the facts.
1) For more than six years the Court has been trying to work with the Commissioners to remodel the old Courthouse so that it can meet the functional needs of the Probation Department. During this whole period, despite countless hours spent working up solutions and plans, the Commissioners have refused to implement a single improvement.
What’s more, as you can see from the pictures, not only have they failed to make this location serviceable, the deterioration which they have allowed to occur is beyond comprehension. Quite frankly if more citizens were aware of how poorly this County resource was “maintained” they would be appalled and demand action.
2) As a result of the lack of any progress in remodeling and repairing the old Courthouse, the Court began exploring other locations for the Probation Department. Almost two years ago the Court requested a meeting with all the County Commissioners to further discuss this problem. At that time all the Commissioners agreed that it was cost prohibitive to accomplish even the most basic repairs to the old Courthouse (estimates of 10 to 15 million dollars), let alone the remodeling which is essential for the Probation Department to efficiently perform their work.
The Court was of the opinion that locating the Probation Department on the undeveloped floor of the Justice Center (5th floor) was the most efficient, effective, practical and economical solution. The Commissioners proposed an old, dilapidated building on Broad Street. At the conclusion of the meeting both parties agreed to draw up plans for each location so that costs, benefits and disadvantages of each option could be considered.
It took the Commissioners more than a year to develop their plan with the projected costs being 1.2 million dollars. Of course during this time the neglect of the old Courthouse continued. The Court’s proposal for the 5th floor is projected to cost 2.4 million dollars.
If one were just to compare the numbers, without any critical analysis, the Commissioners’ plan would appear to be the better economical choice. Needless to say there is more to this decision than the simple numbers. It would take too long to cover all the issues associated with the various proposals, but a few examples include:
a. Age of the Broad Street facility results in increased and ongoing maintenance and utility costs
b. Additional security personnel must be employed at Broad Street location versus utilization of existing personnel at the Justice Center
c. Broad Street location involves less efficiency and increased personnel costs as Probation staff must go back and forth repeatedly throughout the day to the Justice Center
d. Negative impact on businesses in the areas around the Broad Street location with hundreds of loitering felons.
3) On May 2nd of this year the Court’s Administrative Judge appeared at the Commissioners’ meeting to discuss the various proposals (if you have not seen the meeting you can request a public records copy through the Commissioners). At that meeting it immediately became clear that despite the hours and money that went into developing a long-term solution for the County Probation Department, the Commissioners had no intention with proceeding with any type of plan (Commissioner Williams does agree that the Justice Center option is the more practical and fiscally prudent choice). According to the other Commissioners, they simply can’t afford to do anything. This is not only unacceptable, but untrue.
4) The Court has been more than patient in trying to work with the Commissioners. In fact, I personally am embarrassed that I have let staff, for whom I am responsible, continue to work in these deplorable conditions. Though I told myself that we didn’t want to waste money on a piecemeal solution and that if we persisted we could reach some compromise with the Commissioners. Clearly I was wrong and I sincerely regret my lack of action on these employees behalf. The Judges absolutely agree that it is ludicrous to continue dumping money into the old Courthouse with no plan or objective, but legally it is the Commissioners’ prerogative where they locate these personnel. The one thing the Court can do (and should have done long ago) is insist that the Commissioners provide a facility for the Probation Department that is reasonable and necessary for the Court’s needs. In order to accomplish this we are required to employ legal counsel.
5) With respect to the Court’s retention of legal counsel, by statute the Lorain County Prosecutor is the legal representative for both the Court and the County Commissioners. Normally, the Prosecutor is able to represent both parties without any problem. However, in the event of a conflict the Prosecutor cannot legally or ethically perform services for both parties. Accordingly the Court and the Commissioners are required to employee outside legal counsel to represent our respective interests. Unfortunately, because of ethical constraints the Court’s options for legal counsel are somewhat limited. Because the attorney for the Court will be representing all of the General Division Judges, this individual would be ethically precluded from also having other cases with these Judges. Thus any attorney who regularly appears before the Court would have a conflict and not be willing to take this representation. This essentially negates the Court’s ability to hire a local attorney. Additionally, this ongoing conflict with the Commissioners implicates extremely complex and unique areas of the law. As such, we actually had a difficult time identifying and hiring an attorney who was appropriately qualified.
6) In short (I apologize I have been anything but) the Court is always willing to entertain any reasonable solution to this dilemma. In the past couple of months the Judges have appeared a number of times at the Commissioners’ meetings seeking to discuss these matters. With the exception of Commissioner Williams, all these efforts have been rebuffed.
I would encourage you to further investigate this matter for yourself. If I can be of any assistance, please do not hesitate to contact me.
Lorain County Court of Common Pleas
Court Administrator, General Division
AND NOW THIS TAXPAYERS PERSPECTIVE
Oh dear how awful: can you imagine working in such conditions that we in Lorain have been living in and complaining about to Judges:
The Mayor , the community all wanted answers and judgment to the fullest extent of the law ……check the PSI and time taken in that aspect of judiciary
We are all waiting and watching for justice to be done , as the criminals are slapped on the wrist to come back into our neighbors to continue their ways.
LORAIN — The suspect wanted for setting fires at the Admiral King Elementary school playgrounds was arrested Saturday afternoon. Brandon Perkins, 18, of Lorain, was charged with one count of arson and is currently being held in the Lorain County Jail. Other charges may be released later this week, according to the Lorain Municipal Prosecutor’s office.
No other suspects are being sought according to Lorain Police. The estimated damage is $100,000.
And what happened to Brandon for this arson attack in our neighborhood:
HAVING ENTERED A PLEA OF GUILTY AND BEEN FOUND GUILTY BY THE COURT OF THE FOLLOWING OFFENSES: COUNTS 1 & 2: ARSON, 2909.03(A)(3), F-4’S COUNTS 3 & 4: VANDALISM, 2909.05(B)(2), F-4’S DEFT SENTENCED TO: –3 YEARS COMMUNITY CONTROL, ENDING 10/2/16– SANCTIONS: BASIC SUPERVISION. PAY COSTS W/IN 3 YEARS. PAY $360 SUPERVISION FEE. PAY $5,000 IN RESTITUTION (DEDUCTIBLE) PAYABLE THROUGH CLERK W/IN 2 YEARS. ALL MONIES TO APPLY TO RESTITUTION FIRST. UP TO 3 YEAR OPTIONAL PRC. SEE JOURNAL. (RJE)
Such was the sentence handed down by Judge Ewers in October 2013.
So Brandon got 3 years community control and just this month in fact On June 18th ( yesterday as I write this ) we hear http://cp.onlinedockets.com/loraincp/case_dockets/Docket.aspx?CaseID=328735 Brandon is once again before the ‘Judge” alleged “drug possession” etc.
Fraternal Order of Police is worried that light sentences have made criminals feel impervious to the law.
“The criminals should fear going to judges,” Sivert said. “It’s not that way. I’ve heard criminals hoping that they get certain judges because they know they are going to get off light.”Ultimately, Sivert said that the public is going to have to decide what they feel is right and wrong.
“The citizens elect the judges and pay their salaries,” Sivert said. “The public needs to be demanding more of them. They need to tell these judges that letting criminals back on the street is not what they want.”
“As a representative of the Union, I’m saying that we won’t stand by without voicing our opinion. As a citizen, I’m hoping that others will also start demanding more.”
No certainly, we the taxpayer, wouldn’t want people to have to endure such unsafe and unsanitary conditions, such as we have to endure- Maybe if the judges lived in my “hood” they would be appalled at what we have to put up with in part due to what appears to be to the layman ( tax payers) some “slappy happy sentencing”.
Because of some of their “adjudications”, the “clients of the court” are free to “loiter” in and around the library, the free food outlets and the consummate rehabilitated business people among them selling their wares……..
Remember the flash grenades that woke us up as the police raided the 5th street residence of Victor C Brooks- well as of June 14th in Judge Rothgery’s courtroom Mr. Brooks was found guilty http://cp.onlinedockets.com/loraincp/case_dockets/Docket.aspx?CaseID=320112 we await with “bated breath the sentencing !
No! sorry Mr. Lubbe you get no sympathy from me.
Here we go again fellow taxpayers, we pay out hundreds of thousands of dollars in salaries, expenses for the “professional capabilities of our employees”- We gave them the confidence of our vote and or their collective recommendations as to who to hire in various departments. BUT once again we are faced with having Cash Cow Subodh Chandra dropping us ( the tax payer ) into the field of cow patties that is the judical system.http://chronicle.northcoastnow.com/2014/06/18/judges-ante/
WHY??????? because these seemingly intelligent , professionals cannot seem to “talk”, compromise or make one another understand a situation from their perspective. NOPE! they play the media card, whine and weedle and the scarecrow ( tax payer ) tries to stop them from robbing the field.
Would they be in such a rush to spend their own money to prove their point or get their way NO! but hey! what is a few hundred thousand , or a million in legal fees to them – they aren’t paying for it we are and we have done it before.
Now these judges and yes they are the ones that have thrown down the “Chandra gauntlet” and here we go again- Each one of them before becoming a judge was an “advocate” are they telling me they have lost the ability to “advocate ” ( by sitting down and sorting this out without using more of our taxpayers money) for themselves and their employees then maybe they have lost the ability adjudicate as well.
There are a myriad of stories – times from Lorain’s nearly forgotten and neglected history, stories of love, birth, death, of pride and decay in this neighborhood known as Charleston Village . https://thatwoman.wordpress.com/category/charleston-village/
There is the charm of architecture of her old homes and the disgrace of those homes bastardized by owners who see them as nothing more than a way to use them and abuse them until they fall in upon themselves. We have both ends of the scale here.
I have written about the mega landlords who own dozens of properties. I have written about the shame of those that neglect , the criminals and drug dealers that rent from these multi property owners.
However, Friday morning at 7:00 a.m we awoke to an explosion of sound that reverberated through the morning air, the phone started ringing , neighbors hiding as the invasion (of sorts) was under way, elderly citizens confused and frightened , facebook lit up with the happenings on 5th street.
This quiet street street, only marred by ” the historically bastardized” rentals of Sutton Properties and his “apartments” on one end of the block and George Schneider’s adding to his inventory on the other end, was rudely awakened to our reality once again.
What brought members of the Lorain County SWAT Team with guns drawn and the announcing call of a flash bang smoke grenade?
According to Chronicle Telegram coverage found here
Victor C. Brooks, 44, of 1125 W. Fifth St., Lorain, was charged with drug trafficking and was being held Friday at the Lorain City Jail. Around late August, Lorain police received a tip that Brooks, who has been charged with trafficking in the past, was selling cocaine and crack cocaine out of his house, according to Lorain narcotics Detective Tim Thompson.
Police said they conducted “controlled buys” with Thompson during which they sent an informant to buy small amounts of crack from the dealer multiple times over the course of a month. Thompson explained that multiple buys were necessary to ensure a more serious charge for Brooks.
However, those of us watching the scene unfold Friday felt there had to be more to this story- Unfortunately, due to “mega landlords” we have had dealings with dealers but never were the arrests quite as stuff of which movies are made.
After all according to the LPD web site
SWAT teams are used in cases of Critical Incidents :
Critical incidents are defined as follows:
Hostage Situations: the holding of any person(s) against their will by an armed or potentially armed suspect.
Barricade Situation: the stand-off created by an armed or potentially armed suspect in any location, whether fortified or not, who is refusing to comply with law enforcement demands for surrender.
Sniper Situations: the firing upon citizens and/or law enforcement officers by an armed suspect, whether stationary or mobile.
High-Risk Apprehension: the arrest or apprehension of armed or potentially armed suspects where the likelihood of armed resistance is high.
High-Risk Warrant Service: the service of search or arrest warrants where the warrant service matrix or policy recommends or requires the use of SWAT.
Personal Protection: the security of special persons, such as VIP’s, witnesses, or suspects, based on threat or potential threat to the well being of those persons.
Special Assignments: any assignment, approved by the SWAT Operations Commander, based on a high level of threat and/or need.
The Lorain County SWAT Team is committed to preserve life in high-risk situations through the use of specialized training, equipment, and tactics in a professional manner that inspires confidence in the community.
Mr. Victor Brooks( the alleged dealer- innocent until proven guilty) of 1125 West 5th, is not only an alleged “pharmaceutical” dispenser of cocaine but he seems to have used his wealth to also become a multi- property owner in Lorain- 10 addresses and 16 parcels
However, the 1125 West 5th street address ( to which the tax bills are sent and where Mr. Victor Brooks resides and claims ownership to neighbors , has another owner listed a Durrell Brooks- but Mr. Victor has also purchased 1140 W 5th just two doors down from Mr. Sutton’s Rentals at 1150 West 5th.
Mr. Victor Brooks has quite the residential history as whilst he was ” investing” in his properties he was also, according to his court records, residing in the properties of one or two of Lorain’s multi property owners such as
Bille S Griffith – Property- 1525 Herbert Drive and
Perrella 4638 Oberlin Ave and our
Readers remember this, I hope-
Lorain police sweep 13 violent gang members off streets – suspects tied to nine murders over four years
of another group of murderous criminals. AND there was the other SWAT Team photos only this time in front of another of Sutton’s properties
The landlords who ( in my opinion) lunch at our expense and peace of mind have another comrade to share their club!
Mr. Brooks and his portfolio of investments (possibly from his “business” dealings )has joined the ranks of Lorain’s multi property owners , he paid rent to some in his time and has property on the same streets as others. .
He will make into the Lorain’s Multi-property owners hall of fame and if and when convicted WHO is WHO in the 052.
Just a note: If I was doing any investigation I would be looking at his other properties and “living addresses” you never know what may be “hidden” ;)
In recent posts I have questioned the reasoning as to what we in the community , who have been asked to step up to stop the decline of the quality of life in this place we call home Lorain Ohio, can actually accomplish.
Mayor Ritenauer stated in a recent Morning Journal article”
Mayor Ritenauer wants the community to band together
Mayor Chase Ritenauer says community must stand against ‘unacceptable’ mayhem
Meanwhile, law-abiding citizens also must be aware of the justice system and demand prosecution to the fullest extent of the law, the mayor said.
and then the Editor of the same Morning Journal, Tom Skoch stated in his editorial:
“As the mayor emphasized, arresting thugs isn’t enough if they are quickly recycled through the justice system and dumped back on the street to cause more crime. Citizens need to urge prosecution and incarceration of criminals to the fullest extent of the law
Armed with a will, the time, tenacity and the ability to go in search of answers- thatwoman( me) who was also incensed at recent new news stories concerning alleged rape, drug deals gone bad , abandoned housing set off in search of “JUSTICE”!. I started looking at names and records of some of Lorain’s less than desirable criminal element and why they were on the streets, and who were the judges who had given them leave to continue “mayhem” in my community.
As with most things I research one thing led to another and I noticed a lot of
mention of PSI reports when searching the criminal records.
DEFENDANT IN COURT WITH COUNSEL; WITHDRAWS FORMER PLEA OF NOT GUILTY AND REQUEST FOR JURY TRIAL AND ENTERS A PLEA OF GUILTY TO: THE INDICTMENT WHICH PLEA IS ACCEPTED.
THE COURT HEREBY FINDS THE DEFENDANT GUILTY AND REFERS DEFENDANT TO THE LORAIN COUNTY PSI DEPARTMENT FOR A PRE-SENTENCE EVALUATION AND REPORT; BOND CONTINUED. TO BE INTERVIEWED AT LCCF WHEN DEFENDANT WILL REMAIN UNTIL NOV. 15TH IF NOT INTERVIEWED BY NOV. 15TH DEFENDANT ORDERED TO REPORT TO PSI DEPARTMENT WITHIN 24 HOURS OF RELEASE
What is PSI and just what do they do? so off I went on another search and found the following article -once again in the Morning Journal archives-:
Judge wants to hire PSI officers (with document) by Rick Payerchin
I am following through with the research on a criminal situation in Lorain and how the criminal process works. I came across the link aforementioned – can you please tell me the outcome of that situation as written in the Morning Journal? I am very concerned as to the “passing through” from our court system by judges, adult parole authority etc and the funding of such who send back into my community the criminal element and the number of re offences …. and therefore, as I am following one case in particular that is making headlines this weekend and how he has been passed through and who determines the level of punishment – I have noticed PSI seems to be heavily involved in the sentencing outcome, therefore I wish to learn more about them and their decisions and who is funding them.
Thanks to Commissioner Kalo who forwarded my email to Mr. Tim Lubbe I have some answers ( emphasis mine) from Tim Lubbe,Lorain County Court of Common Pleas, Court Administrator, General Division
After reviewing my responses, should you still have questions, please do not hesitate to contact me.
Some of the answers are simple, such as the outcome of the situation discussed in the Morning Journal article. Currently, there are eight Presentence Investigation (PSI) personnel that are managed by the Court. These individuals are paid for or funded out of a state grant. However, I’m not sure if that completely answers your question. For example, the headline of the article claims that the “Judges want to hire PSI officers”. Quite frankly, the Court never had any desire to be involved with PSIs. Nevertheless, the State of Ohio in balancing its budget shifted the responsibility for PSI reports to the local or county level via the Courts.
You indicate a concern about the criminal element being “passed through” the court system by Judges, the Adult Parole Authority, etc. and returned into your community. I would not offer an opinion on the Adult Parole Authority, as that is a department of the State of Ohio, and I can’t honestly speak for them. However, with respect to the Judges, I believe they share your concern about criminals “passing through” the system.
I think your next question is also related to this issue. You are interested in who determines the level of punishment. Unfortunately, there is a fairly pervasive misperception that Judges unilaterally control the outcome of criminal cases. On many occasions I have heard Judges express their frustration over the constraints imposed upon them, and in my view, these constraints do affect the revolving nature of our criminal justice system.
Just last year, there was another significant erosion of the Judge’s autonomy following the passage of H.B. 86. The law in Ohio now specifies that if a criminal defendant is found guilty of a 4th or 5th degree felony, there is a presumption that the defendant will be sentenced to community control, i.e. not jail or prison. Therefore, irrespective of what sentence a Judge may prefer to issue, he or she must follow the law.
Your final question raises a concern, that the PSI department seems to be heavily involved in sentencing outcome. The PSI department actually has no control over sentencing. The PSI department’s role is governed by statute.
Essentially, they are required to investigate the defendant, and report certain information back to the Court. Although the PSI department does not control sentencing, they do have an impact on the criminal defendants in your community.
Under Ohio law, before a defendant can be sentenced to a community control sanction, a PSI report must be produced for the Court. At the time the State of Ohio was responsible for producing PSI reports they had allocated approximately 3 times the amount of money they are currently providing to Lorain County through grants. With their resources, the State would typically produce a PSI report within 30 days. As soon as the Court received the PSI report, the defendant could be sentenced.
At a minimum, that individual would be placed upon probation and subject to review and supervision. Under limited circumstances, if certain factors where met (remember the limitations placed upon the Judges), the defendant may even be sentenced to jail. However, as a result of reduced funding, which equates to personnel, it currently takes the Lorain County PSI department somewhere between 60 and 90 days to deliver a report to the Court. While the Court is waiting for the PSI report, the defendant is in the community, not on supervised probation, and quite often committing additional crimes.
Nevertheless, I can attest that the Court continuously strives, where possible, to improve these circumstances. Also, I would encourage your involvement as a citizen in doing what you can both locally and at the state level.
So there we have it – Is it time to “talk to the State of Ohio” as to how their decisions are compromising our quality of life – is that the very least we can do???? ?
I am in disconnect mode – thoughts pop in and out but I have little inclination to follow through- Maybe it is the pre school “plague”- Yes! since Gavin started preschool we have all suffered. Since October 2nd we have sniffled sneezed and coughed with at least 4 different viruses. We, like typhoid Mary, continue to infect each other. Oh! you can wash your hands all you want but when the baby is using your neck to wipe his nose as the poor little stuffed up mite tries to get some sleep- forget the hand washing! As for that flu shot (Sigh) Please people keep your sick kids home- we old ones have enough problems with the “rusty” years.
My thoughts are good! about time – the community should band together – however what about that “OTHER MEMBERS of community” – you know such as the BUREAU OF COMMUNITY SANCTIONS-
The Bureau includes staff members located throughout the state working with halfway house vendors, independent housing vendors, non-residential community corrections act grant programs, and community-based correctional facility grant programs. The Bureaus halfway house beds to house felony offenders and provided subsidized funding to divert offenders from prison and local jails throughout Ohio. The Bureau also oversees the transitional control program and an electronic monitoring program for offenders who violate their terms of supervision.
The Bureau of Community Sanctions, in partnership with state, local and private/non-profit agencies, develops and enhances community corrections programs utilized by local courts and the Department of Rehabilitation and Correction for sanctioning and treating offenders in the community
THE multi million dollar granting facility from the Department of Corrections and Rehabilitation that helps the offenders… the same “Community” that helped the now defunct Compass House to help populate this area with more RSO’s than we knew or know what to do with (261 in Lorain- as per the data from the Sheriffs Dept.
How about those halfway houses for the adult parolees???? not that we don’t have parolees in our neighborhoods and community already Looks like there were 287 parolees in Lorain as per the Dept of Corrections website – And these are just the members of our “COMMUNITY” that can be tracked .
AND how about the lucrative Non Profit SOCIAL SERVICE AGENCIES- you know that part of our “business” COMMUNITY whose clients are part of our community
I have said it before
and will say it again
THESE CLIENTS are in my neighborhood, they are walking my neighborhood streets they are sitting in my park and getting coffee and donuts from those that care. I have a right to complain because I LIVE here I spend 24 hours a day with the CLIENTS!
THEY too are being “serviced” by the number of social service agencies and their millions in funding .
You can talk about poor “old Joe” who isn’t all there but harmless as he wanders around the park where I LIVE and urinates in the fountain as he says good day to another neighbor whose claim to fame is
“burglary, GSI, Attempted rape, conspiracy AGG Robbery, weapons and unlawful dangerous ordinance”.
You have to wonder if this “Community ” was one of the reasons that Anthony Calabrese and Co thought it profitable for those “half way houses” business You know the now infamous “Alternatives Agency”
Could the money that could be garnered from such a “community” have led to more “inmates in the correctional facilities”?
One is a scheme to bankroll and plunder the Alternatives Agency, a nonprofit halfway house on East 55th Street represented by Calabrese.
The agency was in danger of losing its county funding when it hired Calabrese. According to the indictment, Calabrese had the agency pay $201,000 in phony consulting fees to his longtime friend, J. Kevin Kelley, who in turn bribed Dimora and Russo with trips, including a Las Vegas gambling junket, expensive meals and unspecified personal services.
Can it be???? Is it such a stretch? ( pun intended!)
YES! WE NEED ALL THE COMMUNITY TO COME TOGETHER not just those of us that live here !
To be continued………………
ED NOTE: You can see the “air conditioner ” pictured in this Morning Journal photo and if you click on to enlarge you can see the satellite dish and the cable and the trash strewn around and lo an behold the empty trash can…
There you have it if the story of Ms Perez being arrested for child endangering
for the disgusting conditions in which she caused her children to suffer daily wasn’t bad enough we have these two upstanding members of our community “allegedly” robbing the place- obviously not mindful for their own “health”
Men attempt to break in ‘filthy’ home
Police were dispatched to Perez’s home at 12:13 a.m. Monday when a neighbor, who knew Perez’s home was empty, reported seeing lights on at the home. The neighbor said two men stole a window air conditioner from the home and then walked out of the house and east on West 17th Street.
According to a police report, police found Emmanuel Rodriguez, 27, and Joe Hernandez, 22, both of Lorain, carrying an air conditioner and plastic laundry container holding a PlayStation 2 and a DVD player. Rodriguez told police the two had found the air conditioner, and the DVD player and PlayStation 2 belonged to Hernandez.
Now obviously these two men must have been desperate in the heat to need this air conditioner, maybe they wanted to keep cool when they played their “HOT” videos and play station.
So let us take a trip to their residences and see what is what
421 W. 15th Street
This property ( which actually has been upgraded) by the owners another “property rental group” Davis Property Rentals – Gina and Jason Davis .. you will be happy to note Mr. Sutton and Mr. Schneider some of the “26 properties listed” ( under at least one of the searches for this “group”) are also your neighbors on other streets.
You will be pleased to know you have help in determining the condition of the neighborhood…..
Hey – here is a thought maybe they can help get the air conditioner replaced- maybe they have a spare. If not try 2625 W. 39th Street- BKS Investments- Brian Schreiber
a quick check 7 under that name – (bit more upmarket than most) but the “Schreiber search turned up Marlene Schreiber ( relationship not known) with another 13- also a neighbor of yours on a couple of streets..
AH!!!! it is a wonderful day in the “neighborhood” – unless you happen to live here ………….