Op-ed concerning iniquities of state-level criminal justice entities of Ohio/Cuyahoga County

Patterson, Ennis R.

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Proem The criminal abattoir of Cuyahoga County is unrelenting. In referencing it as an abattoir, much consideration is placed on its policies, operations, and persons whom head particular aspects of specific entities within. What's been discovered thus far, during my unjust incarceration for crimes that never occurred, is that segments of the criminal justice system in Ohio seems to operate in tandem to ensure that once someone is convicted, subsequent reviewing entities of justice must make decisions that support that conviction. This debauched organized phalanx has pervaded all state-level legal entities of Cuyahoga; even the Cleveland Bar Association is involved in, or condones this vituperation. Unless or until one is able to present their case to federal-level criminal entities of justice, chances are that, if convicted, they'll be no chance of a justice entity confuting another, or even ruminating that findings of vassals' or related entities could be erroneous. And while state entities of Ohio may project the image that they are providing a pro se litigant with tools needed to properly represent themselves, it's all will-o'-the-wisp; or at least appears that way upon close intelligent scrutinization. That said, the purpose of this op-ed is to provide a pensive overview of the functionings of Cuyahoga Prosecutors' Office, Ohio Public Defenders' Office, and the Cleveland Bar Association as seen from the eyes and mind of an in-depth thinker and intellectual - Ennis F. Patterson. The Phalanx Effect During a three year tenure of incarceration, Patterson has dealt with at least five state prosecutors; all of which have either lied, fabricated the facts, or contradicted themselves and the facts in order to obfuscate the court. At times it seems that these prosecutors are totally inept... which leads one to wonder how did they come to obtain their positions. Was it what they knew, or who they knew/the phalanx effect? The same sentiments can be said of the Ohio Public Defenders' Office and the Cleveland Bar Ass. The cabal that most likely exist betwixt these entities that is meant to achieve preconceived agendas is sure to create an impasse, which is already afoot, that will be impossible to reverse; and if that's the case, what the ultimate outcome will be is any intelligent person's guess. The State Like it Like This The recent exposure of Cuyahoga County Jail by the U.S. Marshals Service during the latter months of 2018, anent what the marshals called "inhumane conditions" and severe crowding, is a direct reflection of latent and sometimes clear malfeasance of state prosecutors. That is, prosecutors' endless thirst to sleuth and convict, even if there's obviously little or no evidence of a crime, or based on circumstantial evidence that is so shoddy that a dilettante mind of judicial proceedings would conclude - not guilty, is conducive to the extreme over-crowdedness; ergo, putting a strain on what would otherwise be sensible, smart operations. In contrast it is insensible to grandstand as a 'tough on crime' hardliner, advocate filling jails far beyond capacity, and act as if you're unaware of abhorrent conditions as a result of crowdedness. Whether conniving or truly unaware of inhumane conditions resulting from over-crowdedness, both positions equate to incompetence and should lead to stern action from the state; that is, if the state is serious about the state's dignity, and mental and physical health of the people within. One may infer after realizing particular inefficiencies as to how jails/prisons operate, that there must be some serious back door dealings that benefit certain persons as a result of capacity filled jails/prisons. (i.e., kick-back/jobs for certain entities and bureaucrats). This possible confluence of persons (that most likely exist) whom decide the fate of the accused in Cuyahoga courtrooms while filled with ex parte stances are the driving forces of corrupt criminal justice operations. These persons, whether judges, lawyers, or others may benefit monetarily only if there's a status quo on the functionings of this base criminal justice system. Their satisfaction depend on places of incarceration being replete with inmates; over-crowdedness is a must. When wily tactics are deployed that result in the incarceration of so many persons that jails/prisons are housing double, or more, than what a facility was designed to hold, we should expect that the functionings of the facility will be wanting when it comes to cleanliness, properly feeding inmates, hygiene issues, basic humane treatment by staff, medical issues, and a host of other items. Cuyahoga criminal justice officials are so wonted in their knavery and anti-pragmatic ways that even Common Please Administrative Judge John J. Russo reflected this knavery in a article that appeared in The Cleveland Plain Dealer on Jan. 12th, 2019: "Our court is always mindful of those people we have in custody. However, the Court does not manage the jail or its operations." [1] In essence Russo is intimating that he's aware of the over-crowded jail but that it's not his concern. He's implying that he'll continue to send persons to jail and/or encourage his colleagues to do so. Such caitiff-like assertions suggest invested interest of his factotum and/or phalanx. In actuality such sentiments is the vox-populi of criminal justice authority on a state level in Cuyahoga County. Ohio Supreme Court Justice Melody Stewart flatly states: "There are lawyers in this state who are crafty." [2] Former State Senator Shirley Smith who resigned from the Ohio Parole Board in Jan., 2019, spoke of bad ethics of her former board colleagues and described the OPB as a "secret society," and called for an investigation. [3] With Stewart and Smith averring in such a way, any incredulousness that one may have anent vile, unscrupulous, unethical ways of Ohio political figures should be put to rest. The peccant views and ways of those whom are supposed to stand for truth, justice, morals, and ethics, are fomenting the abhorrent conditions of jails and prisons in the State of Ohio as these views and ways lead to mass incarceration, hence, making it impossible for institutions of incarceration to function humanely. The people (tax payers) should be inveighed; the people should take civil action or other proper measures against the state, county, as well as individuals whom chose to condone or blatantly support the "lock 'em all up" rhetoric, especially when that rhetoric and violations of constitutional laws are intertwined. The Laughable Defense Civil action or other measures should also be taken against the Ohio Public Defenders Office as in most cases they defend clients just well enough to be in accord with codes that governs their profession anent indigent accused persons. Public defenders seems to care less as to guilt or innocence; they seem to be more interested in plea bargains and even truckle to the prosecutors. Public defenders rarely wish to even discuss the facts of the case with their client and assume that a cop-out is apt. Could it be that appointed defense attorneys are simply overworked but are doing the best they can to keep up with an overwhelming workload? Maybe. Such an assumption is not far-fetched. Ipso facto, this is where one would expect the state to step in and do something to ease this conveyor-belt-like system that result in the unfair and inhumane treatment of so many within a system with an edict of due process and protections of cruel and unusual punishment. Clearly due process becomes questionable when a defense attorney has little or no concern for the facts of his client's case as told by his client. And clearly it's cruel to house inmates in conditions that are considered 'inhumane.' The state's unwillingness to ameliorate the problem of possible overwhelmed public defenders plays further into the notion of the secret cabal that exist among political state entities for something more than prestige or prolificness. To be blunt, state-level political figures are content with the conditions and operations of the criminal justice system in Ohio. Public defenders are simply representatives of one tentacle of the nefarious octopus. They, public defenders, can not be trusted from the stand-point of the accused as public defenders are obligated first and foremost to appease the state. The state, maugre, could care less of these 'sycophant dolts.' Notice that guidelines for filing a direct appeal or post-conviction relief, from a defendant's stand-point, place much emphasis on claiming ineffective assistance of counsel while silently opposed to prosecutorial misconduct or other grounds that may expose the state for their inefficiencies and flagitious activities. What a marvelous scapegoat for the state that enables them to continue in their foul, unconstitutional doings while ensconcing themselves with step-and-fetch subordinates. What a crass mockery of justice. ...Never Really Cared for 'Bars' Perhaps one could rely on the Bar Association of Cleveland Ohio to assist in ushering justice when wrongs have been committed by state-level criminal justice entities; specifically prosecutors. Don't bank on it. Patterson, whom this op-ed was wrought by, reported unbelievable behavior of prosecutors Ashley Kilbane and Ronni Ducoff during his trial to the Cleveland Bar. After several months passed without a response, Patterson sent a follow-up letter to inquire of the findings of the Bar. After the Bar pretended that they sent an answer, in which Patterson never received, they conveyed that there was nothing that they could do even though the extreme unethical and sociopathic behavior of Kilbane was caught on audio/video of the courtroom. The Bar wrote in their findings, that were mailed to me in early August of 2017... although those findings were dated for Dec. 9th, 2016, that "...we do not believe there is sufficient evidence that Ms. Kilbane was attempting to intimidate or harass you in your holding cell." (Note: my grievance reported a clear case of attempted intimidation by Ducoff and Kilbane). The Bar made no comment on findings concerning my reports of Kilbane's vulgar outburst during open court - which was caught on audio/video... if I may add again. The Bar's letter only mention that Patterson allege that "Ms. Kilbane threatened to expose" previous cases; they concluded nothing in this matter. How ironic that the Bar concluded there's no sufficient evidence in regards to happenings that may be challenging to prove anent the attempted intimidation, but as for happenings that were recorded by audio and/or video, the Bar was mum. The denigration of all state-level judicial entities has occurred as a result of this type of treacherous maneuvering. Mind you, during heated argument in open court, Kilbane yelled out: "if this was a jury trial it would be a mistrial"; this shows that she was well aware of her outlandish behavior. Mind you also, that had Patterson made no effort to ascertain the Bar's findings, the conclusions would have been unknown to him. So, what was the Bar's ultimate example of collusion with state-level political entities and their unbreakable bonds? - Being staunch advocates for the election of a neurotic prosecutor, Kilbane, to the bench. (Note: it's hard to imagine that the Bar reviewed the audio/video of what Patterson described to them in his grievance and conclude that Kilbane may not have neurotic issues). This neurotic prosecutor, turned ignoble judge, is sure to perpetuate enfant-terrible with her lack of judicial decorum and fantastic mendaciousness. Thanks to the Cleveland Bar and their lack of concern for truth and justice, the add-on of Ignoble Judge Kilbane to the bench will surely enhance the "lock 'em up in that crowded jail" ideology with little or no benefit of tangible due process. Conclusion Whether prosecutors whom foist facts, public defenders whom are apathetic to detailed goings-on of their client, unethical judges, or the Bar Association's support of wrongs/unconstitutional doings - all of which have become inextricable, in probably most instances, in their effort to obstruct justice ambiguously - the time is approaching when the people's outrage will culminate in a muckraking sensation that will shake the foundation of criminal justice riff raff and dismantle supposed career stability as that stability was constructed of unfairness, schemes, and abominable unstable machination... the people know they deserve better. (Note: since studies consistently show that violent crimes have been decreasing for at least the last 15 years, there's absolutely no reason for Ohio prisons to be capacity-filled; especially when coupled with the fact that the majority of persons in Ohio prisons are there for drug possession and other non-violent offenses. Furthermore, far too many inmates are victims of wily tactics of state-level entities... many innocent or over-charged) Who's the Liar? Me or You? If there's a prosecutor, detective, or any other criminal justice person of authority who wish to make Patterson out to be a liar base on what he has conveyed in these writings, his criminal case (CR-16-606673), including any subsequent motions or petitions filed, or his civil case against Cuyahoga prosecutors (1:18-CV-00738), please feel free to bring charges against him for his untruthfulness. In fact, Patterson dare any state-level prosecutor or other state-level political figures of Ohio to charge him for making false claims. References [1] - Astolf, Courtney; The Plain Dealer; "Jail Population Drop by 13%"; Jan. 12th, 2019 [2] - Haytcher, Brian; Star Beacon; "Making History"; April 26th, 2019 [3] - (Reference information unavailable to author at the time of writing; Please search Sen. Shirley Smith) Service Information To be served on Ohio Attorney General, Cuyahoga County Prosecutor's Office, the Cleveland Bar Association, Ohio Public Defender's Office, Ohio U.S. Senator, the Cleveland Plain Dealer, and others. Ennis R. Patterson Belmont C.I. P.O. Box 540 St. Clairsville, OH 43950 Ennis Patterson

Author: Patterson, Ennis R.

Author Location: Ohio

Date: October 30, 2019

Genre: Essay

Extent: 8 pages

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