Why isn’t Chuck Taylor being charged with perjury?

Chuck Taylor is a Baliff in Montgomery County- who lied on the stand as the Dunbar High School Basketball Coach

Chuck Taylor is a Baliff in Montgomery County- who lied on the stand as the Dunbar High School Basketball Coach

At some point, someone has to start applying the law to members of the Monarchy of Montgomery County- and or elected folks.

Last year, I published the story of people getting pepper sprayed in restraints in the Montgomery County Jail– right after Sheriff Phil Plumer said it was a random occurrence. He lied. And not only is he still in office, the people torturing inmates still have their jobs, or were allowed to retire with a medical retirement. Phil is now running for State Rep.

Then I published clear evidence that School Board Member Adil Baguirov not only was ineligible to be on the board, but had also committed voter fraud, claiming a shit house as his place of residence for voting. It took a threat of a mandamus filing to get him to resign months later to get him out of office. He’s now planning on running for County Recorder.

I posted on March 12, 2018 that video existed showing that Chuck Taylor, the rookie Dunbar Boys Basketball coach, lied on the stand. No investigation was started by the prosecutors office. He hasn’t been fired by Dayton Public Schools, even though they just had to pay $50K to the Ohio High School Athletic Association for their legal costs and apologize to other schools and get smacked with even more sanctions- including no post season play for Dunbar.

Let’s also remind people that School Board Member Sheila Taylor also works for Dayton Municipal Court with Taylor- and that she advocated for his hiring by DPS, and voted to go on this wild goose chase court case along with the rest of the board. A board that seems to protect it’s hires and bad hires more than the kids they are supposed to serve.

What’s worse, is this liar works for Judge Dan Gehres, every day, administering an oath in court to poor folks, who would be thrown in jail for lying to the court. He still has his job.

But- now that it’s “Front Page News” in the Dayton Day-Old news, (in this case- month old)- will anyone step up and do their job?

Let’s define perjury: “the offense of willfully telling an untruth in a court after having taken an oath or affirmation.
synonyms: lying under oath, giving false evidence/testimony, making false statements, willful falsehood”

And, Ohio Revised Code:

2921.11 Perjury.
(A) No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material.

(B) A falsification is material, regardless of its admissibility in evidence, if it can affect the course or outcome of the proceeding. It is no defense to a charge under this section that the offender mistakenly believed a falsification to be immaterial.

(C) It is no defense to a charge under this section that the oath or affirmation was administered or taken in an irregular manner.

(D) Where contradictory statements relating to the same material fact are made by the offender under oath or affirmation and within the period of the statute of limitations for perjury, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.

(E) No person shall be convicted of a violation of this section where proof of falsity rests solely upon contradiction by testimony of one person other than the defendant.

(F) Whoever violates this section is guilty of perjury, a felony of the third degree.

Effective Date: 01-01-1974.
Source: Lawriter – ORC – 2921.11 Perjury.

Yet, there it is- in the paper.

Dunbar varsity coach Chuck Taylor filed an affidavit March 2 swearing that the player at the center of an eligibility dispute “was not involved in the (Jan. 10) altercation” that the Ohio High School Athletic Association said led to him being ineligible.

Then in a March 6 court hearing, Taylor, who is also a bailiff for Dayton Municipal Court, said he went above and beyond to make sure he had it right.

“I probably watched that video 50 times just to make sure — I value my integrity — just to make sure that kid was not on the floor,” Taylor said in his March 6 testimony.

But after new cellphone video was submitted, both OHSAA and Dayton Public Schools acknowledged last week that the player did, in fact, leave the bench and go into the fight.

“The player was seen in the videos in the fight,” DPS Superintendent Elizabeth Lolli said Thursday. “I’m not going to speculate on whether or not someone was not telling the truth.”

Taylor did not respond to multiple messages seeking comment for this story.

Taylor had testified March 6 that he passed the player, referred to in court as “John Doe,” immediately outside the locker room, away from the court, near the start of the brawl.

Common Pleas Court Judge Michael Krumholtz called Taylor’s account “the unrefuted explanation” that was key to his decision.

Last week’s joint press release from DPS and OHSAA clearly mentions Taylor’s impact in the case, quoting directly from the judge’s ruling: “The court further found, ‘thus, as Coach Taylor testified, John Doe was already in the locker room hallway before the fight broke out.’ ”

Asked whether the new brawl video clearly showed Taylor and the key “John Doe” player on the court at the same time, OHSAA officials said they had not looked for that specific detail, and would need to watch the videos again to answer.

Asked whether the player was only in the brawl for a few seconds, and could have quickly then gone into the hallway, OHSAA spokesman Tim Stried said it was longer than that.

OHSAA Executive Director Dan Ross viewed the new video and photo evidence with DPS staff.

“Dr. Ross … said that we don’t plan to pursue legal action against Chuck Taylor or other DPS personnel,” Stried said. “The court could pursue action, of course, especially since Chuck Taylor is employed by the court.”

DPS spokeswoman Marsha Bonhart said Friday that Lolli would not answer this news organization’s further questions about the case, saying, “she feels everything has been said.”

But questions remain about the “corrective measures”

Lolli said DPS has already taken, as well as the personnel changes that she said will be effective for next school year. And there are questions about the fate of Taylor, after Lolli said it was “yet to be determined” whether he will return as coach.

Questions not asked:

Recognizing players: Taylor testified that he was only able to identify three jersey numbers of players in the video of the fight. He said he had numerous others watch the tape and asked them, “tell me what numbers you see,” with similar results. Early in his testimony Taylor said he was able to identify people while the brawl was actually happening.

“It’s a brawl or melee. I see parents, players, administrators and community, kids from the school, on the court fighting — everybody landing punches,” Taylor testified.

But he was never asked on the stand, by either attorney, which players he recognized by face or by physical build — either during the fight itself, or on the video later.

What did the key player say: Neither DPS nor OHSAA would comment on whether they asked the player himself if he had gone onto the court for the fight. But testimony suggests OHSAA did not ask. In court, DPS attorney Brian Wildermuth pressed OHSAA staffer Ben Ferree twice on that issue, demanding to know why he had not asked the player if he left the bench.

Ferree said it would have been a waste of time, suggesting he would not have gotten reliable information.

Despite having challenged OHSAA on the issue in court, DPS would not answer whether they themselves had asked the player about going into the fight — or whether he lied or told the truth if they did ask.

Judge’s key wording: Krumholtz, in a crucial part of his ruling, wrote that “as Coach Taylor testified, John Doe was already in the locker room hallway before the fight broke out. As such, John Doe was not in violation of Rule 10-5-5 … (and) was an eligible player …”

But Taylor only testified that he knew the player’s whereabouts after the fight broke out, not before. Taylor said in court that he was inside the locker room drawing plays on the chalkboard when the fight started and only came into the hallway after he heard the commotion of the fight under way. On cross examination, OHSAA attorney Steven Craig asked him, “You say you passed (the player) in the hallway once the fight had started?” and Taylor answered, “Yes, sir.”

Asked last week about the discrepancy on the timing, Krumholtz declined comment, saying through his bailiff that “a court can only speak about any case through its decisions.”

Source: New video refutes coach’s testimony – Dayton Daily News

If we don’t see Chuck Taylor charged with perjury, and removed from both the coaching job, and his job as Baliff, as well as his being responsible for reimbursing DPS for the legal costs associated with this case, it’s time to call in the Department of Justice to start a Racketeering case against the people in office in Montgomery County and at the State level.

At some point, when, as a country of laws, we stop applying them equally to those in power, as to those without, we stop having a functioning government.

thumbnail of Esrati.Bills Redacted.042518

This is how much they’ve wasted to protect themselves when they were wrong. Click to download PDF

One other issue. I asked for the bills of Subashi and Wildermuth concerning this case and my case over a month ago. I have the bills for my case, over the illegal secret meeting bus tour of schools to close, showing DPS has paid Wildermuth:

CUMULATIVE FEES TO DATE: $12,435.00
CUMULATIVE COST TO DATE: $49.70

The costs for the Dunbar case are significantly higher, yet they have not provided them.

The incompetence and illegal behavior must be stopped.

 

Chuck Taylor lied in court

Evidence, in the form of a video, has made it’s way to the Ohio  High School Athletics Association commissioner that proves Dunbar Basketball Coach and Dayton Municipal courts Bailiff Chuck Taylor lied in court. The basketball player who was claimed to have not been on the bench- or left the bench for the brawl, who was supposedly, passing Taylor “in the hallway” has been clearly identified as on the bench, and involved in the altercation.

The Commissioner, Dr. Dan Ross, made Acting Superintendent Libbie Lolli aware of this evidence last week, although she claims in a conversation with me, this morning, to have not seen the video yet. She has requested a copy, and is “working collegially” Ross to sort things out. She will not comment on personnel issues when pressed, she did admit that Dunbar Principal Crystal Phillips is back in the building, but only that District AD Mark Baker and Chuck Taylor are still under contract.

Internally, there are clans forming, blaming various people for this whole fiasco. Some even blame me. Others that fingers are being pointed at by the people who couldn’t follow the rules and properly benched players- are former Coach Pete Pullen, former District AD Jonas Smith, former school board member, state representative and convicted felon Clayton Luckie (who is cousins with Smith).

The reality is, since Mark Baker has been Athletic Director and had his contract hastily renewed last year, and the district was under sanctions and scrutiny of the OHSAA, competent leadership would have immediately stepped in and made sure all the t’s were crossed and i’s dotted after the bench clearing brawl in January. They weren’t. And, now, after spending considerable money defending Dunbar- just so they could play 2 more games in the tournament, the district now risks being banished from state play.

Why kids should have to continue to suffer at the hands of incompetent adults is beyond me.

It’s time for the board to replace Libby Lolli, Associate superintendent Sheila Burton, staff attorney Jyllian Bradshaw, PR Chief Marsha Bonhart (who was Bakers boss), District AD Mark Baker, the Dunbar AD, Principal and the entire coaching staff of the basketball program.

It’s time to sue Chuck Taylor for the court costs.

And it’s time for Taylor to resign from not only coaching but working for the courts, where he routinely is expected to administer this oath multiple times daily:

Oath: I swear that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth, so help me God. Affirmation: I solemnly affirm that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth.

Only when these things have taken place, can this district start back on a road to recovery.

And, as an aside, Lolli refuses to publish her presentation on school closings in advance for the review session where the public is allowed to comment, and says she hasn’t given it to board members either. For something as important as school closings- for her to not allow more than 7 days of review of her findings, is further proof that this is not an administration that works for the public- but for itself. It’s this kind of thinking that has them in the paper with a crisis of the day.

She’s also unable to estimate how much the district spent with Attorney Brian Wildermuth on his trial to get Dunbar back in the tournament.

 

Keystone Kops win a lawsuit: Dunbar to play Bishop Fenwick

thumbnail of Dunbar decision

Complete judges decision as a pdf – click to download

The judge, Michael Krumholtz, spent a ton of time reviewing video, that DPS wouldn’t make public.
In the end, he said this:

The fate of the Dunbar Varsity Boys’ Basketball team in this year’s OHSAA state tournament should be decided on the court and not in the courthouse.
Accordingly, the Court hereby GRANTS Plaintiff’s Motion for Preliminary Injunction.
The Ohio High School Athletic Association (“OHSAA”) is enjoined and precluded from enforcing its February 28, 2018 Decision, which held that the Dunbar High School Boys’ Varsity Basketball team had forfeited its participation in the ongoing OHSAA state basketball tournament. Further, the Dunbar High School Boys’ Varsity Bas ketball team is entitled to participate, and shall be permitted to participate, in the 2018 OHSAA state boys’ basketball tournament beginning with tomorrow’s game against Bishop Fenwick.
However, the reality is, this kind of screw up is going to continue at DPS as long as Mark Baker is the Athletic Director.
The lack of discipline and penalties for Dunbar athletics still needs to be dealt with.
Chuck Taylor has proven to be unable to manage a program, and has exhibited conduct that is unacceptable as a coach.
If anyone looks at how many teachers have been fired for calling parents a bitch- it’s a wonder he still has a job.
The school athletic director also seems grossly incompetent, unable to respond in a timely manner.
At some point, DPS will have to clean up its act.
The question is when?

UPDATE

10:24 pm I though I should include the original filing by the district. The cost of this action, and number of hours the district is paying Brian Wildermuth far exceeds the $2500 fine. Where was the legal action when kids all over the city were impacted by the Belmont/Dunbar fiasco when the OHSAA decided to force students to play sports at the closest High School to their home?

thumbnail of Wildmuth filing for DPS

The DPS filing- click to download PDF

DPS continues controversy with bizarre moves

The Ohio High School Athletics Association sent a clear signal to Dayton Public Schools last year after they identified DPS District Athletic Director Mark Baker as the linchpin to the attempt to throw the Dunbar/Belmont football game. Instead of letting Baker go, and moving forward, DPS under former Superintendent Rhonda Corr, dug its heals in and gave him a two year contract.

This is what happens when people like City Commissioner Jeff Mims is advocating for you from the sidelines. Even though Mims left the school board and the state school board for his eventual throne on the City Commission, he still thinks he’s the man behind the curtain at DPS. Why else would he be the co-chair of the illegal task force on School Closings?

When OHSAA vacated Dunbar’s win in the tournament for failure to sit players for 2 games due to the bench clearing brawl at Thurgood in January, moving Thurgood back into the tournament, DPS decides to go to court to force Thurgood out and Dunbar back in. How does this help DPS students at Thurgood?

Legal action should have been taken against OHSAA- when they declared that students enrolled in Charter Schools now had to play sports at the school closest to their home- instead of closest to their charter school- and kids were torn from program after program- DPS sat on their hands. Because they aren’t really in it for the kids- they are in it for the money, just like the charters.

thumbnail of Incident File – Dunbar v Belmont – 1.26.18 – Redacted_Redacted

Redaction done by DPS staff. Click document to view full PDF

Defending Dunbar and Rookie Coach Chuck Taylor seems odd, especially after they had ordered Chuck to sit two games for his calling a parent a bitch. I’m unable to confirm if Taylor did in fact sit two games. From the attached reports on that incident:

Mr. Taylor in the Dayton Public Schools Athletic Handbook it states: Our goal is to not only be successful in our endeavors, but also to act according to the ideals of both good sportsmanship and good conduct on and off the court. Our program should operate with: integrity, honor, respect, and accountability. The use of the word “Bitch” to refer to a parent regardless of the situation showed a disrespect for women and our parents in which the Dunbar Varsity Team and the Dayton Community witnessed. This sets a poor example for the young men under your leadership.
Due to the severity of this incident I am imposing a two game suspension that will be served on Tuesday, January 30, 2018 and Friday, Friday February 2, 2018. Lastly we cannot always control the actions of our parents but we must control the way we react to them.

The program has been in total disarray since Baker was given his contract, and then forced the most successful coach in Dayton athletic history to the side to replace him with Taylor.

I’ve been informed that both Mark Baker and Dunbar principal Crystal Phillips are on paid administrative leave right now. This is unconfirmed at this point.

Acting Superintendent Elizabeth Lolli held a really stupid, short press conference on Thursday night with the three members of the slate, Harris, Al-Hamdani, and Wick-Gagnet standing mute behind her. The board members refused to comment, however, the choice of the three is telling.

The three remaining members who made the mistake of hiring Baker and letting former coach Pullen go, were no where to be seen: McManus, Walker and Taylor.

The lone independent candidate, Jocelyn Rhynard, seems to be doing her standard silent analysis of the issues, and may or may not weigh in before this is said and done. She’s cautious to the point of being ineffective so far.

What seems to be missing from all this is accountability at the top. Over Mark Baker according to the organization chart left over from the Corr era- is PR hack Marsha Bonhart, who had to have a hand in directing the press conference where nothing good was done.

It’s obvious that Lolli has no idea of how this is playing publicly. since she has zero connection to the community. Generally, this is seen as an embarrassing sidestepping of the actual need for action.

Litigation is never the best strategy for the court of public opinion unless you are either the underdog or absolutely guaranteed a win. DPS is neither in this case and will end up with even more egg on their face.

The only right course of action was to fire Bonhart, Baker, Phillips, Taylor and allow Thurgood to move forward and put this shitshow behind us and beg forgiveness from OHSAA.

Instead, we’re risking expulsion from OHSAA if we lose, and then, DPS will see even more exodus of students who used to stay in Dayton to be a part of powerhouse sports programs.

This school board and superintendent are getting horrible legal and strategic PR advice. You read it here first.

Kids get punished for stupid adults: Dunbar BB forfeits playoff game and season ends

Because Dayton Public Schools doesn’t hire professionals, act professionally, follow procedure, pay attention, get the details right, etc. The Dunbar Boys Basketball team just learned that they had to forfeit their win on Monday Feb 26th in the tournament vs. Thurgood Marshall- giving Thurgood a  shot to the division II playoff game against Bishop Fenwick on Sunday March 4th at UD Arena.

Apparently the Ohio High School Athletic Association, who still is keeping a close eye on the district after the Dunbar/Belmont thrown game fiasco, got wind that players who were involved in the brawl at the Thurgood/Dunbar game a while back- weren’t punished, the school gets punished now.

Why does District Athletic Director Mark Baker still have a job? Why was it a good decision to unceremoniously remove Pete Pullen, one of the winning-est coaches in Ohio High School Basketball history to replace him with rookie Chuck Taylor?

At what point will the people who make these command decisions- the Superintendent and the Board, be held accountable?

Because this isn’t good for the kids. It’s not all about the kids. It’s just a string of failures to which there is no end in sight.

It’s time to cut losses. You now have a fireable offense to use to terminate Mark Baker’s contract. You have reason to fire Chuck Taylor. You have a reason to fire Dunbar Principal Crystal Phillips- after all, this is her second failure to implement policy. But then what? The people downtown STILL don’t seem to understand what it takes to run a school district.

In other district news, former treasurer Craig Jones won his appeal on his case against the district on wrongful termination. The thing that caught them was their failure to properly follow the Sunshine laws for notification of their impending planned action in executive session. The board hired the same lawyer as they have on my sunshine case, Brian Wildermuth of Subashi & Wildermuth. He’ll soon have another loss on his hands.

Maybe they need a better lawyer too, in addition to a Superintendent, Athletic Director, Principal at Dunbar, Basketball Coach at Dunbar…. the list goes on.