Why Dayton is demolition central

A posting on Facebook showed photos of the old Roosevelt High School. The reactions were strong, wondering why this gem had been torn down- and why Stivers was still standing.

Roosevelt was an amazing building, that brought dignity to West Dayton on a scale like no other:

  • Marble Entrances
  • 400+ Class Rooms
  • Two swimming pools girls/boys
  • Two gymnasiums/ Indoor track
  • Cafeteria Forth Floor
  • Greenhouse Basement
  • 5,000 book Library Printing Dept.
  • Woodworking Rooms
  • Foundry and Forge Rooms
  • Auto  Mechanics Machine Shops Offices
  • Lecture Rooms/ Music Room
  • Telephone  Switchboard
  • Clinic & Pharmacy Dental
  • Optical Rm / Clinic Examination Room Nurses’
  • Doctor’s Office/
  • 1500 Seat Auditorium
  • Heat  for rooms came from tunnels in basement and ducts that carried forced air steam heat up to the rooms.

Source: Roosevelt High School Consruction Plans

The school was home to over 2000 students. If it was still standing today, DPS with an entire population of about 11,000 students, could easily have only 2 high schools standing (Stivers being the other) – and manage the entire population of grades 9-12. That means a lot less overhead, busing issues, sports teams, coaches and the like. My high school for example, was only grades 10-12 (in 1980) and had over 2,500 students in a single building. It was renovated recently to keep the historic character and proud history of the building and it’s alumni. Dayton, tore Roosevelt down, for all the wrong reasons.

Realize that the two pools, the gyms, were also possible as a rec center on the West Side (I used to swim there). That all those craft shops- could have become maker spaces in the community. That the 1500 seat theater could have been an epic movie theater, and the music practice spaces could have been community recording labs. But, we can’t let Black people have nice things- not in Dayton- not when we have to grease the palms of the benefactor of so much political will in Dayton- Steve Rauch Incorporated.

It was Rauch who the feds were trying to catch when they embarked on their investigation they called “Demolished Integrity” – where they set up a dishonorably discharged Army veteran with a horrible reputation in business as the front man for a company named United Demolition Excavating and Site Management. They paid for the office, they paid him as a Confidential Human Source- and tasked him with working his way into the City to catch our politicians taking cash for contracts.

Unfortunately, the FBI so far, has managed to only indict Black people- Joey D. Williams, Roshawn Winburn, Clayton Luckie, Joyce Cameron and her husband, and Brian Higgins. Their attempt at indicting Steve Rauch- ended up in a wrist slap fine. The real culprits, the people who voted on the contract to United Demolition, who awarded Rauch contracts to tear down all kinds of other buildings- some needlessly, like the Schwind and the old Dayton Daily News building on Ludlow, or the old Ecki building at Wayne and Wyoming, all have walked free.

The city is all excited about more money for demolition coming through federal American Rescue Plan Act funding:

The final rule says eligible projects include improvements to vacant and abandoned properties through demolition, rehab, remediation of environmental issues and other investments.

The final rule also says funds can be used to help small businesses that have been impacted by the pandemic with loans, grants, technical assistance, counseling or other services.

Dayton has proposed spending about $15.8 million of its rescue funds to demolish about 850 housing units and $18.7 million on repairing, rehabbing and constructing new housing.

The city also plans to put $7 million toward a fund for loans for first-floor businesses in its business districts, and it also expects to offer $3.1 million to Black- and brownowned businesses for capital investments.

Source: Rules for rescue funds allow for demolitions – Dayton Daily News

The thing is, the spending of the funds for demolition won’t be to minority businesses, or small businesses, and they will be creating more problems for the community than helping.

I hate to proselytize, but the idea that you can demolish your way to prosperity has no foundation in fact or even fiction. The only people getting better by tearing down all these homes and buildings is the landfill owners and the demolition companies. Your neighborhood will be scarred for life.

There is a better way

The most successful neighborhoods in Dayton have been the historic districts that surround downtown. There’s a good reason for it- it’s incredibly difficult to tear anything down. There was a home on my block that had a bad fire- in the late 80’s. As values increased in the neighborhood- it became financially feasible for investors to rebuild it. It now is valued at over $175K despite the slipshod work done- where the investor had originally tried to bring it back as an illegal double- and failed.

Another tiny house around the corner- burned at the same time. I’d tried to buy it before an investor put it back together. How they got any permits or inspections approved is an absolute mystery- nothing in the house was to code- yet, when I did renovations of the two shotgun cottages across the street- even my insulation installation was questioned (I’d ripped them down to the studs before a total interior rebuild). The whole different standards for different folks is a very big problem in our community of pay to play. Those shotgun cottages, where I overpaid $19,500 each, are now worth over $140K and bringing in about $25k a year each as AirBnB’s. The first 25 years of ownership- I rented them for $600 a month each- and always had them filled. I recently put new standing seam metal roofs on both of them, which cost more, but will never end up in a landfill.

So- those options for the targets of demolition? My friend and former client- James Kent had a company that would deconstruct the old homes by hand, salvaging many of the old materials for resale, and to keep them out of landfills was a brilliant idea. What’s even better, he only hired x-cons and gave them a chance in society. Unfortunately, Nan Whaley preferred to give contracts to those that paid her- and she shut them out of a $250K contract. Restarting this program would be an incredible asset and have long term economic value to our community. The criteria for homes to deconstruct is that they are truly beyond possible repair- as in too much structural damage, inability to seal them back up to the elements in a way that can make them look acceptable for rehab.

The other part of this program that needs to be put in place is a requirement for banks to be held liable on foreclosed properties- to keep or maintain them in the state they were in when they foreclose. They must keep the homes secured- so plumbing and electrical systems don’t get stolen. Gutters and roofs must be kept in good repair, windows can’t be broken, stink trees can’t be allowed to grow next to the foundation. If they banks can’t manage these things- they must make the properties available to a city run non-profit housing organization that will manage them, keeping all the maintenance up to date and the homes occupied.

For homes already abandoned, owners, absentee or local, will be charged if they fail to keep the homes presentable and sound. This isn’t a problem in Oakwood or Kettering- only in Dayton. It’s as if we want to make taxpayers pay for others mistakes with huge demolition costs. And, those demolition costs must be charged back to the owners.

There is a huge need for skilled trades in our community- as well as affordable housing. The tornadoes of 2019 took out a lot of affordable housing stock. There is no reason to tear down when we could be using these homes as labs for the next generation of carpenters, electricians, plumbers, HVAC, drywall installers, flooring and tile installers, interior designers, architects and even landscape designers and landscapers. Instead of hiring bulldozer operators to demolish – let’s hire x-cons, the under-employed, the students to rebuild our community- and even give away homes to those who participate- with the conditions that they maintain them, pay income taxes, don’t get arrested for crimes. Empty lots don’t pay taxes, empty lots don’t create community.

We’ve torn down more value in Dayton than we’ve created for the last 50 years. Demolition isn’t economic development- it’s demolition. Even “economic development” in this city is misnamed, it’s really tax shifting from the poor to the wealthy, from the public to the private, from the people to the political classes friends and family. We need a true equal opportunity economic development plan.

It’s time to stop demolishing and start rebuilding. It’s not just housing- it’s our community, our social capital, our pride. Any politician who keeps talking about demolition- isn’t a politician we should be listening to- they are working for the demolition king, not you or me.

 

Brian Higgins guilty on 5 of 7 charges

After a 7 day trial in US Federal Court on 3 charges of mail fraud, 2 charges of witness intimidation and 2 charges of witness retaliation a jury of 8 women and 4 men found Brian Higgins guilty of all the charges except witness retaliation. The last four charges stemmed from a lawsuit Higgins filed in Common Pleas court against United Demolition in 2020 over money owed from the job United didn’t do in 2014-15. Sentencing will be in 90 days, on April 14, 2022 at 9:30 am, however appeals could delay things.

The jury deliberated from 10:15 to about 2:15. It’s not known if they broke for lunch. The case was ploddingly dull, thanks to lawyers who were far from sharp. It was delayed more than a few times for AV issues in Judge Rose’s courtroom, where monitors, projectors, audio were all unreliable, at one time moving the hearing to Judge Rice’s courtroom.

I was the only “reporter” in the court for any of the proceedings. The Dayton Daily didn’t bother to send a reporter. I’ve covered everything leading up to this, and have had first hand knowledge of many of the things discussed in court. A few times, my firm, The Next Wave, came up- either for an invoice to Mr. Higgins or his use of my fax machine.

I will have a lengthy article about what I saw, learned and thought of the only trial in the “Culture of Corruption” indictments of April 30, 2019, where formed Dayton City Commissioner Joey D Williams, former State Representative Clayton Luckie, and former Minority Business Center director for the City of Dayton, Roshawn Winburn were paraded out by the Ohio Attorney General, the FBI and the DOJ as the first of a promised many indictments. So far, 6 Black people and one white one, Steve Rauch, have all been implicated and pleaded or negotiated settlements.

This trial was heavily edited for context, so that the Jury never knew what else was going on in the Higgins case. These will be issues for appeal.

Given the information the jury had to work with, this was a rational outcome. Had they known that FBI Confidential Human Source Mike Marshall, head of the false front company set up by the Feds- United Demolition, used Higgins to be introduced to Williams and Winburn, or that Marshall, his partner Scott Waters, and Higgins were contriving plans to create a new company to bid on City of Dayton Demolition projects, they may have had a different opinion of Mr. Higgins guilt. Minus this part of the story, only once referenced by Higgins on tape “this is pebbles compared to what we’ll make” they were all part of a plan with Williams and Winburn to set up a Service Disabled Veteran Owned Business headed by Higgins, to bid on contracts that routinely go to either Steve Rauch Incorporated or Bladecutters for millions each year.

This is why Marshall did no work on Higgins home repairs- the fraud charges that were levied, because he was too busy building out Williams patio enclosure- with some of Higgins insurance money plus money from the Feds. Had the jury known the full story, the only people who were really to blame were the Feds- who set this whole mess in action.

The fact that it takes 3 votes on the Dayton City Commission to approve any contract, means Williams did not act alone in getting a contract to United Demolition (which they botched). The fact that not a single white person in city hall was found complicit speaks volumes to the ineffectiveness of this investigation that culminated today.

Higgins has already served 68 days in Federal prison while being given a competency exam. And while Williams only did 3 months of a 1 year sentence and Winburn hasn’t spent a day in prison despite being sentenced almost a year and a half ago- Higgins got stuck with an electronic monitoring device on day 3 of the trial when he correctly notified the court that he may have been exposed to Covid. Whether he will have to remain on monitoring depends on Judge Rose and probation.

Stay tuned for the full story soon. I took 82 pages of notes- and gave up a week of work to bring you this story.

 

 

How the Feds waste your tax dollars bilking you of more tax dollars

Note: This includes information gleaned from testimony in the trial, USA vs Higgins. It is not about the case. This story is about how the government spent a few million, to bilk tax payers with a scheme centered around a dishonorably discharged Army veteran and a fake business they set up.

Michael E. Marshall said “I’m a great businessman” on the stand when cross examined by the defendants attorney, Tamara Sack. The reality couldn’t be further from the truth. Mike Marshall had no problem telling people like a former Dayton Daily News reporter and friend of mine, that he was working as a Confidential Human Source for the FBI. Rule number one of being an informant, don’t tell anyone you are an informant. The Esrati report quickly identified Marshall as a CHS soon after the original public indictment on April 30, 2019, where the FBI, the DOJ and the Ohio Attorney General lined up to announce that 4 Black men were the first round of indictments in the “Culture of Corruption” investigation, later called “Operation Demolished Integrity.”

It turns out, the only integrity that was demolished would be the FBI, the Ohio Attorney Generals and the bumbling AUSA’s of the Department of Justice.

I filed a Freedom of Information Act (FOIA) request 2 weeks ago through the FBI’s absolutely horrible FOIA web portal. So far, I’ve not even received an acknowledgement or receipt. The Government seems to think it is ok to obfuscate the process by allowing every federal agency to make their own portal, with their own procedures, to make the public’s right to know their right to say no. My request was to find out how much the government spent paying their CHS’s. Well now, we know.

On the stand, the Feds asked Marshall if he was a CHS and told us that they’d paid him $33,000 over a few years for what Marshall defines as about 1500 hours work. What that work was, was a total and complete waste of our tax dollars.

It turns out that our “Great businessman” started a government fronted demolition company: “United Demolition and Site Management” on Oct 17, 2013, with offices that the FBI subsidized the rent for, in the 130 W. Second Street building, right next to the Federal Court House and the AUSA’s offices. This was probably because the AUSA’s were trying to manage this investigation without having to get in their cars to drive to their sting operations office. AUSA Brent Tabacchi- a rumple suited attorney was complaining of “trial fatigue” on his third day of court,  which was the 4th day since a “court emergency” delayed it a day.

United Demo was set up, to somehow compete with Steve Rauch Inc, the local demolition czar of Dayton Ohio, and to somehow indict him/his business for paying politicians for the right to overcharge for the destruction of Dayton neighborhoods. So far, the Feds have failed to do anything except fine Rauch $15,000:

The demolition and trucking company owned by Steve Rauch, 65, of Germantown was sentenced Thursday in U.S. District Court to pay a fine of $15,000.

The company, Steve Rauch Inc. of Dayton, pleaded guilty last year to one felony count of conspiracy to engage in mail fraud in a deal that led federal prosecutors to dismiss charges against Rauch.

U.S. District Court Judge Thomas M. Rose did not sentence the company to probation or restitution but levied a $400 mandatory assessment in addition to the fine.

The maximum penalty the company faced was one to five years of probation and a fine of not more than $500,000.

Company attorney, Chad Ziepfel, argued against probation, saying the federal government had already put Steve Rauch Inc. on its suspension list for federally funded contracts and is expected to begin debarment proceedings now that the case has concluded.

Ziepfel said if the company were on probation during those proceedings it could be more likely that it would be debarred and prohibited from working on projects that get federal funding.

“Debarment would be virtually catastrophic,” Ziepfel said, and likely result in lost jobs at the company.

Source: Dayton area company fined $15,000 for conspiracy to engage in mail fraud

The original founder was Marshall, who recruited his former Rauch co-worker, Michael Scott Waters to also be a CHS. Waters was paid approximately, $13,000 for “hundreds of hours” of work for the Feds. When the defense asked Waters what kind of businessman Marshall was, his answer was “He has some peculiar business practices” which may have been the understatement of the case.

Marshall, had worked for Rauch in some capacity. He’d also had a company called “Drywall Wizard” that had horrible reviews and a bad reputation. He had absolute recall on every single piece of FBI evidence, but, couldn’t recall so much other stuff it would make you think he’s senile. He wrote a check to someone named Gary Clemmens, but had no idea who he was. He did really well at saying two things on the stand, “I recorded every interaction with Brian Higgins (except the very first meeting) and that he was willing to lie to the insurance company and the mortgage company non-stop in facilitating the investigation- ostensibly at the behest of his Federal handlers. After all, they were paying him and had set up this sham company to catch criminals.

The firm had five employees from what we heard, and oddly, five people were signatories on the 5/3rd bank account for the business. Tony Sullivan was an attorney, with offices in the same building, who was suspended from the practice of law in 2020 by the Ohio Supreme Court, Dan Fyte (Fite, sp?), Marshall and Waters. The fifth? Not sure.

What the grand plan was for United Demolition, which as of 5/4/2020 was still sort of in business, bilking folks out of money with shoddy workmanship:

Job incomplete, roof leaks and supplies and trash left everywhere and they were paid 100%. This is the 2nd company to take our money and not complete the job of our barn roof that was damaged in a storm. This company came and sat in our kitchen and apologized for the 1st company and promised us they would get the job done. A check was wrote on 12/28 for 1/2 the roof in the amount of $5,832.81 and they were going to start work it is now 5/2 and the roof is not complete, trash and old metal was left and blown everywhere and the roof leaks. My granddaughter is helping with this matter as we are elderly and not computer savvy. My granddaughter as called this company several times and been told they will be done for the last month and still nobody has shown up. She contacted the company last week and said since you haven’t showed up she was going to pick up all the metal and trash but they still needed to finish the job not to mention look at the roof because they did a horrible job on what has been completed. **** ******** apologized and thanked her and said he would be down to look at everything and it’s been a week and he still hasn’t showed up.

Desired Outcome I would like for the roof to be repaired quickly the right way so there are no leaks and the wind can’t rip the entire roof off because it’s not properly installed or connected.

Source: United Demolition Excavation & Site Management Company, LLC | Complaints | Better Business Bureau® Profile

But, that’s only the latest report of problems at the FBI’s little demolition company, the City of Dayton awarded them contracts in 2015 and 2016, which they failed:

The company, United Demolition Excavation and Site Management, which is based in Dayton, was not paid the full $371,267 it was awarded in demolition contracts in 2015 and 2016, because the city terminated at least one contract citing “numerous breaches,” including incomplete work, illegal dumping at two sites, improper use of fill and damage caused to adjoining properties, according to a court affidavit from a city employee.

Source: Dayton corruption investigation: Business hired despite red flags

The article goes on to say:

The investigation found that the city selected United Demolition for contracts even though the company had “unfavorable” reference checks from local municipalities, landfills, equipment-rental companies and subcontractors, city of Dayton records show.

The city awarded United Demolition one contract even though city staff raised concerns about the company’s capacity and difficulty completing projects on time….

Numerous court judgments have been rendered against United Demolition and owner Michael Marshall from subcontractors, small business owners, lenders and equipment-rental companies and others who claim they are owed tens of thousands of dollars.

“The city paid United Demolition, but I didn’t get a penny,” said Arthur Partin, owner of Partin Trucking Inc. His company obtained a $52,869 judgment against United Demolition for unpaid work….

In a Jan. 15, 2015 memo, Michael Cromartie, who was then-acting director of Dayton’s building services department, wrote that the city did reference checks of United Demolition with area cities, landfills, equipment rental agencies and subcontractors, and “none of the references reported a favorable recommendation.”

Then on March 4, 2015, the city awarded a contract to a different firm, Bladecutters Inc., to demolish about a dozen residences even though United Demolition submitted the lowest bid for the project. United Demolition’s bid was about $493 cheaper than Bladecutters’, city records show….

On June 8, 2016, the city of Dayton also awarded United Demolition a $247,587 contract to tear down about 13 commercial buildings.

United Demolition won that contract even though a different company, associated with local demolition contractor Steve R. Rauch, had submitted a bid that was about $9,000 less, according to city records.

City staff recommended Steve R. Rauch not receive the contract because of “unfavorable past practices on multiple contracts,” according to a May 2016 memo from Aaron Sorrell, then-Dayton’s director of planning and community development.

The city terminated four contracts with Rauch for problems that included the allegation that the company’s workers used improper fill materials after demolition, this newspaper has previously reported…

United Demolition has also been the subject of a variety of lawsuits and legal complaints that alleged the company breached contracts and failed to pay subcontrators, rental companies and creditors. Most of the suits in Montgomery County led to financial judgments that were never or only partially paid.

Dayton pawn shop owner Mark Gordon claimed that after he helped arrange a $15,000 loan to Marshall and United Demolition in mid-2014 he had to wait more than four years to get about $7,500 back, court records show.

Marshall indicated that he borrowed the money so he could acquire dump trucks to complete a contract for his company, according to court documents.

Gordon’s legal complaint claimed that “Marshall for a long period of time has engaged in an intentional series of financial misdeeds which have had the operative effect of defrauding his suppliers, vendors and creditors.” The complaint says there have been multiple judgments against Marshall that he has no intention of paying.

Marshall and United Demolition obtained contracts, pocketed the money and did not pay subcontractors who performed work for the projects, said Larry Lasky, a real estate and collections attorney who represented Gordon.

“The guy has ruined and destroyed a lot of people — a lot of good people who are trying to make a living in Dayton, Ohio, which is a very tough place to make a living,” Lasky said.

Gordon was repaid after filing a financial attachment with the city for the money it held back from United Demolition for unfinished work.

Other companies say they have never been repaid.

Maybe, the real criminals in this case are the FBI and the DOJ, who set up a con-man, to run a con business, that bilked the corrupt city for a third of a million, and more than a few other taxpayers- for shoddy work and unpaid bills.

To cover up the Feds culpability in this major clusterduck of an investigation, the Court has made decisions to keep critical information from the jury so far. Defense lawyers haven’t asked the government’s witnesses about any of the above facts- other than that Marshall and Waters were paid and their rent was subsidized.

Unless a slew of new indictments are filed immediately following this cases closure, where the absolute loser Mike Marshall is the star witness, all of this taxpayer funded fishing expedition was a waste of tax dollars.

The taxpayers of the City of Dayton should be made whole for their money that was wasted contracting with the FBI, the other businesses like Gordon’s Pawn Shop and Partin Trucking should be paid. And even Bladecutters should have a claim- for lost revenue due to the imposition of this criminal enterprise backed by the FBI.

Never mind, Kent Development, a former client of mine, who was frozen out of the demolition contracts in the City of Dayton, despite having a firm that only hired x-cons, and tore down housing in a way that minimized landfill use and recycled as much of the material as possible.

The most heinous crime committed by the FBI, which has also been covered here at depth, was allowing Commissioner Joey Williams to stand for re-election when they had already turned him into a CHS- and had him recording conversations from 2015 forward. They had an agreement, that should he win, he’d step down, still not revealing his crimes, until the day his youngest son graduated from high school- Apr 30, 2019. That action cost Darryl Fairchild a lot of money (and all his donors a lot of money) paying to run again, just a few months after he came in third in a race, where the winner- Williams, should never have been in.

If you wonder why people no longer trust the government, now you know.

 

The problem with judges for life- national and local

There has been a lot of discussion about changing the rules for the United States Supreme Court where judges are given lifetime appointments. This was supposed to be a way to guarantee that they would act in the best interests of the law and country, as opposed to being engaged in partisan politics or being able to have their decisions auctioned off to the highest bidder. The practice of lifetime appointments also applies to Federal judges, although back in 1954 the Senate passed legislation to limit the age to 75, but it never became law. In many states, there are mandatory retirement ages for judges, including Ohio, where Chief Justice Maureen O’Connor is now aged out of running again. She’s the Republican who just sided with the 3 Democrats on the Ohio Supreme Court to call the Redistricting maps unconstitutional. She should be nominated for a Presidential Medal of Freedom for this brave act.

We can blame Alexander Hamilton for the odd quirk of law in terms of lifetime appointments:

The question of judicial retirement goes back all the way to the early days of the republic. In the Federalist No. 79, Alexander Hamilton argued forcefully against mandatory retirement for jurists, citing “the imaginary danger of a superannuated bench” and insisting that few “outlive the season of intellectual vigor.” At the time, Hamilton’s home state of New York had a retirement age of 60 for judges, and Hamilton thought that was ridiculous.

His argument made sense. The average life span of Americans at that time was about 40, so even though age 60 was 20 years beyond that, there were few cases of superannuated judges turning senile. Average life span plus 20 to 30 years came to be a retirement standard that most American states considered reasonable.

It isn’t reasonable now, though. The average American now lives to be 78, so life span plus 25 would give us a retirement age of 103, which not even the legendary F. Ray Keyser Sr. was able to reach, although he came close, passing away in 2001 at the age of 102.

Source: When It Comes to Judges, How Old Is Too Old?

Now, it’s not just a question of senioritis in judges that should be discussed, our politicians are also getting progressively older, and holding onto power longer. The last 2 presidents were well past retirement age when starting their terms in office. Joe Biden has been a politician since he was first elected County Counselor in 1970 at age 28, elected to the US Senate 2 years later- age 30 for the tiny state of Delaware. He’s been a politician for 52 years and still has 2 more to go.

It almost seems that politics in America is the only place where being ancient helps your hire-ability.

I’ve spent the last week, watching the last trial in the “Culture of Corruption” investigation in Dayton Ohio. It’s been a learning experience. Federal Court is very different from Common Please or Municipal court- but, in Montgomery County, one thing is the same- in all courts, judges once seated, become dictators of fear to the legal community. Opposing a judge amounts to insurrection. It is believed that judges will be vindictive to any lawyer who challenges them either in an election, or questions their decisions. It makes it hard to find representation to challenge the political establishment in the county. It’s why a lawyer as bad as Aaron Hartley was allowed to continue to practice law– long beyond the time he should have been.

It’s why the County Prosecutor for life, Mat Heck, can make sure anyone who questions the establishment is made to pay- by his failure to prosecute a crime. It’s how a judge like Dick Skelton can ignore clear and convincing evidence that the Dayton Public Schools Board of Education held an illegal private meeting to inspect school buildings for closing. It’s how Judge Gerald Parker can mock a citizen and refuse to grant his attorney fees in a public records case– as punishment.

If you call these folks out, like Esrati.com has since 2005, you can guarantee “special treatment” when you even attempt to observe a case in Federal Court, under the rule of Judge Thomas Rose, a 74-75 year old judge. I’ve attended multiple hearings leading up to the trial of USA vs Brian Higgins. At no time was I told where to sit, when it’s ok to go to the bathroom or been addressed in court. That changed this week.

On Monday morning, I attempted to get an answer from the judges chambers on why Roshawn Winburn, who was sentenced to 6 months in prison over a year ago by Judge Rose, was again delayed in his report date to prison. What made it even more of an insult was that despite pleading guilty to accepting a bribe, Mr. Winburn was starting a new job that day, according to my Linkedin notifications. Coop Dayton btw is the holding company for the Gem City Market- and run by (my neighbor) a union lawyer who is a big Nan Whaley supporter and a sociology professor at Sinclair.

Roshawn Winburn new job announcement

Winburn was supposed to report to prison that very day. I’d called Rose’s office and left a message, I’d sent an email, and wrote a post asking for an answer. Last I checked, Judge Rose works for the people of this great nation. Why is a convicted criminal, who used his governmental position for his own enrichment, being allowed to start a new job, before he’s served his time? Reasonable question. Apparently, Federal Judges, with their lifetime appointment, their ability to surround themselves with patronage employees, and Court Security Officers- don’t have to answer to us little people. I was told “He can’t talk to you about this case”- but, this wasn’t about the Higgins case, it was about the settled Winburn case.

I sat through jury selection in Judge Rice’s courtroom. It’s considerably larger than Rose’s. I was told to sit in the rear which was fine. Come Tuesday morning- I again try to get an answer from Rose’s office- without any response. A woman hears my question on her way in- and doesn’t come back. I go into the court room and sit in one of the two spots that allow unobstructed views of the bench. It’s where I’ve sat in at least 3 previous hearings. I’m asked to move to the other side of the room “away from the jury.” I comply. When the judge anounces the first break, I start to get up to head to the bathroom- a CSO sitting right near me barks “SIT DOWN.” I sit. Wait for the all rise, wait for the judge to leave and move promptly to the pisser. Coming out, I ask the CSO if I’m getting special treatment? I had seen lots of other people come and go as they please. He said “I thought you were just standing up”- to which I told him I was going to the bathroom- and that as a service disabled veteran, I actually have a disability related to my need to pee. He apologized. Well OK then.

After lunch- I again go to the Judges office door- where I am threatened with physical removal from the courthouse for knocking on the door by a Court Security Officer. I go into the courtroom and sit down. The Judge enters- no jury- and then I get called out, I stand, and he begins to threaten me, “Don’t come to my door, don’t talk to my staff, don’t interrupt our proceedings, or I’ll throw you out of my courtroom, the courthouse, are we clear.” I sit my ass down. He hath spoken. The next time the All Rise command comes, I don’t know if I should sit or stand. I decide not moving is the best idea. The CSO who looks like a cross between Lurch and the Night Court bailiff Aristotle Nostradamus “Bull” Shannon (I think half the force has shaved heads) gives me the evil eye for sitting. I’m almost sure that come Wed. morning, they are going to rewind the court security tape and charge me with disrespecting the court and lock me up. I choose to stand from now on. 

The question about why Roshawn has a job is still stuck in my head. Local lawyers tell me this is an everyday thing. I do some research on the Internet Wednesday afternoon (a court emergency postponed the trial that day). I find a post from an attorney in Wisconsin about reporting to prison after being sentenced in Federal Court. I put in a call to the author, Marcus Berghahn, he calls me back. The only reason for a delay like this, according to Berghahn, is that the convict is still needed to testify in another case. Had I asked the prosecutor? I sent an email to Brent Tabacchi, the rumpled suit AUSA who is prosecuting Higgins asking him. I don’t expect to hear anything back until after this trial. Tabacchi was already blaming “trial fatigue” on day 3. Probably because in 99.9% of his cases he works out a plea deal. Court actually takes work- something he’s not used to doing.

I’ve got 42 pages of notes already on the trial. I’ve started to write the story of the only trial in the “Culture of Corruption” case- but will refrain from saying anything about it, other than it’s a colossal waste of taxpayer funds. The amounts discussed in this case are less than $150,000 of insurance money that was paid to a mortgage servicer on a force placed insurance policy on a million dollar home that was upside down. What would normally be a beef between the mortgage company and the person they distributed the funds to, has somehow become a “Federal issue” and worthy of this expensive trial. I say expensive because you have no less than 7 lawyers being paid for with our tax dollars, everyday, plus court security officers, FBI agents, and court employees, who’s collective pay for 2 weeks is more than than the amount in question. Never mind the millions they spent trying to round up criminals like Joey Williams and Roshawn Winburn (collective time assigned in prison, 1.5 years, actual time served, 3 months).

At some point, we’ll find out who’s next in line for the governments wrath. Guaranteed, it won’t be anyone who lost $130M at Wright State. So far, only Black folks are corrupt in Dayton. Hopefully, the next round of indictments will come out Tuesday morning, January 25 2022- after Mr. Tabacchi has recovered from his “trial fatigue.”

In the meantime, it’s hard to say who these judges and prosecutors work for- other than to keep their government jobs going. I certainly haven’t seen anything remotely close to a massive defrauding of the taxpayers or protecting us from danger. Just a fall guy and their FBI Confidential Human Source competing in a game of who can lie and get away with it. I feel safer already.

and BTW- no other news organization has had a reporter in the courtroom.

 

Witch hunt trial begins at 8:30 Monday, 10 January: USA vs Higgins

Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution’s failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial.[1] This is the case even if the failure to disclose was a matter of negligence and not intent. The case extended the Court’s holding in Brady v. Maryland,[2] requiring such agreements to be disclosed to defense counsel.[3] As a result of this case, the term Giglio material is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government.[4]

Source: Giglio v. United States – Wikipedia

How much did the government spend on confidential informants Mike Marshall and Scott Waters in their pursuit of “The Culture of Corruption” which so far has only been able to prosecute Black men in Dayton?

In the final prep for the trial, as jury instructions are to be given, and the case to begin Monday morning at 8:30 on the ninth floor of the Federal Building in Downtown Dayton, it has come out that the Feds spent hundreds of thousands of dollars to pay their CI’s to catch these petty criminals- while the true criminals are all still free.

Hell, even the man who took bags of cash- Roshawn Winburn, has yet to step foot in prison- with delay after delay.

I asked Judge Rose for a response on why he delayed the report date again. No answer.

I did a FOIA request to the FBI last week:

Date: 5 Jan 2022
FBI Attn: FOIPA Request 200 Constitution Drive Winchester, VA 22602
Dear FOIA Officer: ______________________
This is a request under the Freedom of Information Act.
Date range of request: January 2012 to present
Description of request:
Please search the FBI’s indices to the Central Records System for the information responsive to this request related to: Payments to made to the following individuals in Dayton Ohio as Confidential human sources, Confidential informants etc.
1) Michael E Marshall
2) Scott Waters
3) Joey D. Williams
4) Willis Blackshear (deceased)5) Aaron Sorrell
6) Roshawn Winburn
7) Nan Whaley
If you are unwilling to provide the amounts to each, by name, due to “confidentially” I would like the amount of money paid to all. Since Blackshear is dead, there should be no problem identifying his payments.
Since Whaley is currently running for Governor of the State of Ohio- and has done the same during this period- any payments to her- must be identified as donations or they are in conflict with campaign finance reporting laws.
Williams was a public official during that time and has been found guilty of corruptly soliciting a bribe already, so any funds paid to him should be made public.
Same goes for Winburn, who has yet to be sent to prison- despite pleading guilty long ago.
There is no question that Marshall and Waters were “confidential sources” thanks to the DOJ filing to block submission of discovery by Brian Higgins in a lawsuit and the DOJ’s filing.
The public has every right to know how many tax dollars have been spent in this “Culture of Corruption” case and to whom.
I am willing to pay up to [$500] for the processing of this request. Please inform me if the estimated fees will exceed this limit before processing my request.
I am seeking information for public information and journalism.
Thank you for your consideration,
Name: David Esrati

I’m waiting for a response.

And of course, I’m still waiting for the feds to give me a trial date on my FOIA request for the tapes of Nan Whaley, which were played to the Grand Jury that indicted Joey Williams, Roshawn Winburn, Clayton Luckie, Brian Higgins, Joyce Cameron and her husband.

The question I’d like to ask Judge Rose is how much can I pay him to delay his Kangaroo Court on the Higgins case- while the public was deceived and lied to by the very folks that are prosecuting Higgins about Williams being fit to run for re-election. They committed the crime of Misprision of a felony- and I’d like to bring charges:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Source: 18 U.S. Code § 4 – Misprision of felony | U.S. Code | US Law | LII / Legal Information Institute

With Rose’s refusal to explain to the public on why Winburn is not in prison, can he be trusted to do his job while allowing criminals to prosecute a citizen? Or is he just as corrupt?

It’s time for the charade to end. It’s time for the smoke and mirrors to end- and the real criminals in Dayton to be indicted, starting with the FBI who wasted a lot of taxpayer money while allowing a felon to remain in office in pursuit of what? Nan Whaley is running for Governor. If the tapes show she wasn’t guilty, release them.

We need some truth first, before we continue with a very expensive trial over a fish tank leaking and a hundred odd thousand dollars of insurance money being misdirected (with your CI right in the middle of it). Fact you may not know, Mike Marshall negotiated the lease on the old Chicken Louies on Main so Higgins could move his fish shop in. Marshall would do anything for a buck.

The only question is what’s a buck worth in this town? And how many does it take to buy your delay from reporting to prison yet again?

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