Categories

Foley gets a 28 day reprieve. All the others, should feel shame

David Esrati |

June 26, 2025, 02:37 PM |

The 2nd District Court of Appeals gave Mike Foley 28 days to answer my Quo Warranto writ for removal from office. That gives him at least another months pay that he doesn’t deserve. As usual, legal language is clear as mud:

YOU ARE HEREBY SUMMONED AND REQUIRED TO SERVE UPON THE RELATOR’S ATTORNEY, OR UPON THE RELATOR, IF THERE IS NO ATTORNEY OF RECORD, A COPY OF AN ANSWER TO THE COMPLAINT WITHIN TWENTY-EIGHT (28) DAYS AFTER SERVICE OF THIS SUMMONS ON YOU, EXCLUSIVE OF THE DAY OF SERVICE. YOUR ANSWER MUST BE FILED WITH THE COURT WITHIN THREE (3) DAYS AFTER THE SERVICE OF A COPY OF THE ANSWER ON THE RELATORS ATTORNEY.
IF YOU FAIL TO APPEAR AND DEFEND, JUDGMENT BY DEFAULT WILL BE RENDERED AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT.

If lawyers and courts could actually get into the current century (INCLUDING LEARNING THAT ALL CAPS MAKES IT HARDER TO READ AND COMPREHEND) and learned to use the English language it would say something like the following:

You are required to respond to the attached complaint within 28 days of receiving this summons (not including the day of service).

Send a copy of your answer to the Relator or their attorney (if one is listed), and file your answer with the court within 3 days of serving it.

If you do not respond, the court may issue a default judgment against you and grant the relief requested in the complaint.

The sad part about all this is that Foley shouldn’t be paid going all the way back to his indictment, and neither should the four worthless attorneys for the State Auditors “Special Investigations Unit” that allowed this clown show to go on for almost a year. I’ll be lucky to get my filing fees back for having to do all the work researching, writing the Quo Warranto, filing- and exposing myself to the very dangerous and vindictive criminal organization that I call the “Monarchy of Montgomery County.”

It would be nice if there was a “whistle blower” clause in the ORC to compensate people who step up to remove criminals from office. What’s even more disgusting is that Foley’s partner in crime, former Judge James Piergies got to quietly walk away and “retire” keeping his retirement- despite his role in illegally dealing with Foley to give his son a job.

I’ve been thanked by so many people in and out of government for pursuing this, when others wouldn’t. It’s brought in donations from people who’ve never donated before, and the best one, was from someone in Foley’s office who said that they were all rooting for me, and check my blog often for updates throughout the workday. Hint- you can subscribe and just get an e-mail notification of all posts.

As per usual, the local news media pretends this legal action didn’t happen, and that Foley is somehow still going to be able to pull his “no contest plea.”

The reality is, Foley has only 3 options at this point:

  • Respond to my filing, go to court, lose to me. and be forever a loser.
  • Miraculously get his plea rescinded, go to court on all charges, and lose and go to prison for a very long time with a very big fine.
  • Resign now and take his sweetheart deal.

And at some point, the court needs to unseal all the evidence gathered in this investigation of public corruption, paid for by the public, to investigate a public official who is screwing the public. But of course, that would open the door to the way all public business is done in Montgomery County- corruptly.

I’m working on additional stories that are as big or bigger than this one. Currently, the Montgomery County Prosecutors office has been sitting on a Public Records request for months- delaying a story that will prove that Sheriff Streck should be in a jail, not running one.

While the local media is full of “If it bleeds, it leads” stories- or fake stories of “economic development” caused by stealing from the poor and donating to the rich (latest example is the “Air City Garage” project) or not questioning why the City would spend so much on the Paru tower repairs- a building it had no legitimate reason to buy in the first place (back in 2016), stories like Esrati filing to remove Mike Foley from office- get zero coverage.

Thank you again to all who donated, and those who’ve told me thank you (including a bunch of Republican’s who want Foley gone).

Also on my horizon is watching what the County does with the onefifteen program that’s shutting down their brand new sparkling building and abandoning town. Heaven help us if somehow that falls into the hands of Helen Jones-Kelley and her quasi-governmental posse– who will let the building get broken into, scrapped, and then she’ll pay someone to empty it out, or the city will call in the vulture, Industrial Realty Group (IRG) and pay them to clean it out and sell it to someone else like they did with the Emery/USPS facility at the airport or the old truck plant in Moraine.

What really needs to happen is the building needs to be turned into a residential mental health facility for the County to take the mentally ill folks out of the jail and give them treatment. But, you didn’t read that idea here first either…

Here’s the courts full response:

If you enjoyed reading true breaking news, instead of broken news from the major media in Dayton, make sure you subscribe to this site for an email every time I post. If you wish to support this blog and independent journalism in Dayton, consider donating. All of the effort that goes into writing posts and creating videos comes directly out of my pocket, so any amount helps! Please also subscribe to the Youtube channel for notifications of every video we launch – including the livestreams.
Subscribe
Notify of
guest

10 Comments
Inline Feedbacks
View all comments
hall

Could the court have “tossed” this out, with whatever excuse they wanted such as not their jurisdiction, it’s without merit, etc or do they HAVE to hear it ? It definitely seems like a good thing that a) they didn’t come up with an excuse or b) acted rather quickly. Makes you wonder that the buddy system downtown is so tight that while none of them would start this, they can’t now ignore it and are moving forward.

Tim Hart

Legalese meant to confuse the average person so they can’t represent themselves in court.

jonathan b

I stopped watching local news years ago because they never covered anything but crime and cookies.

Melissa

I expect Mike Foley will plead an affirmative defense that Donald Trump is serving as a convicted felon so he should be able to as well.

Trump said this about another who was previously doing the job he currently has.
https://bsky.app/profile/trom771.bsky.social/post/3ls7f7iny7c2c

Will Mike Foley try to duck service at home/work like Rudy Colludy so famously did? In the end, service of process was perfected on Rudy (many times). Foley will be served and have to answer why he is still in public office as a felon.
https://www.youtube.com/watch?v=SpXjTisfVYk

Save Montgomery County, Ohio taxpayers money. RESIGN, MIKE FOLEY. You are a convicted felon. Your remaining in public office is another law violation.

Did I miss coverage of this legal case in the local news media outlets?

Jsusus

I feel like the Dayton Daily News won’t cover it because as the Cox family draws down their businesses they will likely close the DDN. These reporters wil likely look to get jobs for local/county government which won’t be possible if they’re too critical. When they purchased it back from PE it was losing 1.2 million a year. Also, the purchase price that people have reported on social media is entirely wrong.

Melissa

Judging by the complete lack of local news coverage of the legal quo warranto filing against convicted felon Mike Foley, it appears that action is not news worthy at the Dayton Daily News, the ONLY daily newspaper of general circulation in Montgomery County, Ohio. No public interest here?

James M. Cox bought the Dayton newspaper in August 1898. Per Wikipedia, “…The paper was founded with the intention of pioneering a new type of journalism, keeping weak ties to politicians and advertisers while seeking objectivity and public advocacy as primary functions. These goals pushed the paper in the direction of valuing the public interest…”
https://en.wikipedia.org/wiki/Dayton_Daily_News#cite_note-4

A check of the Ohio Secretary of State corporate records of the various legal iterations of the Dayton Daily News newspaper owner revealed its purpose: “…to print, publish, circulate and otherwise deal in newspapers and other publications.” (1968) and “newspaper publishing” (2005). (Dayton Newspapers, Inc., now dead). Then, the papers got sold in 2019 (and re-bought).
https://www.niemanlab.org/2019/12/an-old-fcc-rule-is-being-used-to-justify-shrinking-the-dayton-daily-news-to-three-days-a-week/

Melissa

The FCC has its problems. The grandfathered in rule and the new appeals court case nixed the Apollo / Cox deal the way they wanted it.
https://nypost.com/2019/11/26/three-ohio-papers-to-be-cut-to-clear-3-1b-apollo-purchase/
https://docs.fcc.gov/public/attachments/DA-19-1206A1.pdf

Thus, we got seven day papers again (well, six print and one digital).

In November 2020, Cox First Media was registered in Ohio as a Fictitious Name by the Ohio registered Ohio Newspapers, Inc. of Atlanta, GA (part of the private Cox family conglomerate). The business being conducted is “Selling print (newspapers) and digital solutions to advertisers.” The Dayton Daily News is also a Ohio registered Fictitious Name.

Cox First Media is not a company from 1898. It’s not even a company! It is a nude cutout hiding behind a journalism fig leaf. Make no mistake, the product being sold here is advertising. Like a cigarette is a nicotine delivery device, the Dayton Daily News is an advertising delivery device. And they can’t wait to track you on your device so you can see all of the adverts they have been paid to deliver to your eyeballs.
https://www.coxfirstmedia.com/
https://www.coxfirstmedia.com/casestudies/project2

As for the 10th richest family in America – the extended Cox family – the fruit has fallen far, far from the tree. I’m not even sure there is an orchard within a country mile anymore.
https://www.forbes.com/profile/cox/

Melissa

You are right, David. The case does not come up in a name search, but searching for Case CA030525 brings up the original quo warranto action.

The case docket provided USPS tracking info. Certified mail service to Foley’s work was perfected on Thursday, June 26, 2025. As far as I am aware, Foley has 28 days from the date of service to file his answer.
https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9414726699042238588515%2C

Certified mail service to his home was not successful and a notice for re-delivery or pickup was left on June 26, 2025. If the mail is unclaimed by July 11, 2025, it will be returned to sender.

PSA: If anyone needs USPS postage before the price increase, you should buy them by July 13, 2025. First class stamps go up from $.73 to $.78 and postcards go up from $.56 to $.62. It’s not all bad – postal insurance rates decrease 12%.
https://about.usps.com/newsroom/national-releases/2025/0409-usps-recommends-new-prices-for-july-2025.htm

Support this site

Use this Amazon link to make purchases and a small percentage of each sale helps fund independent journalism in Dayton.
Amazon

Secret Link