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.

 

Judge Capizzi speaks out of school, and Mat Heck stifles similar free speech

Judges have a special place in society. They issue opinions, but, they really aren’t allowed to have any of their own.

In fact, the idea of electing judges is kind of ludicrous if you think about it. They may be a D or an R, but it doesn’t appear on the ballot. They may talk about their experience and training, but can’t say how they’d rule once elected. In other states, judges are picked by their peers, because, frankly, most voters couldn’t tell a well written legal brief from a pathetic one.

And when it comes to Juvenile Court Judges- they have to take an extra step of never revealing the identity of those they preside over.

Judge Anthony Capizzi

Judge Anthony Capizzi

So, when Judge Anthony Capizzi talks about juveniles who are set to appear in his court, before he’s made a ruling, before they’ve had a trial, while they are “innocent until proven guilty” he’s overstepping his boundaries in a way that should have him removed from the bench. Read the following.

Montgomery County Juvenile Court Judge Anthony Capizzi has said the four 16-to 17-year-olds in the Huber Heights robbery will automatically be bound over to common pleas court if he finds probable cause. Moving the two 15-year-olds to adult court, however, involves more discretion, the judge said.

Guns a game-changer

In a wide-ranging interview with this news organization last week, Capizzi said he is worried about a “generation of drug users” whose children are adversely affected.

“I believe we’re beginning to see long-term mental limitations or restrictions,” he said. “We all know a child’s brain doesn’t mature until age 24-25. What were they thinking? They just don’t think about two hours from now.”

As president of the National Council of Juvenile and Family Court Judges, Capizzi knows the latest juvenile crime data. There is a downward trend overall, “but the level of crime has shot up dramatically,” he said.

“Kids used to steal bicycles and break into garages. Now, they rob someone who has a cellphone and they have a weapon,” Capizzi said. “The fact that youth have weapons now changes the game.”

Although Plummer pointed a finger at juvenile court judges for being too lenient, Capizzi said some have accused him of being too tough, particularly when athletes are involved.

He said he was lit up by parents, coaches and administrators from a school he wouldn’t name after refusing to order the removal of a star player’s electronic ankle bracelet during the basketball playoffs.

“The bigger issue is they believe they can get away with whatever they want to do and they’re privileged,” Capizzi said.

Source: More youths join gangs, carry guns

But, when someone disagrees with Judge “Run his Mouth” Capizzi, all of a sudden, he’s entitled to special protection (article continuing)

Judges sometimes encounter more than just criticism. A 24-year-old man was arrested last week for allegedly threatening Capizzi after news surfaced that he was handling the Huber Heights armed robbery case.

“If I ever see him I’m beating the (expletive) outta him he better pray I don’t catch him downtown coming out of that building,” said a social media post that carried Capizzi’s photo.

Montgomery County Prosecutor Mat Heck announced Friday that Devin Wilson, 24, of Dayton, was charged with making threats toward a juvenile court judge.

Last I checked, the first amendment still applies. Like it or not, what Devin Wilson says, and does are two different things. And, yes, while threatening an officer of the court has criminal charges attached, the statements he was reacting to weren’t official rulings by the judge- which should be dealt with in court, via appeal, but the off-book ramblings of a Judge who spoke when he shouldn’t have.

Think about it.

Or, consider how screwed up things have become, when the President of the United States now says that Democrats in Congress were treasonous by not clapping for him. The same standard would have had the republicans in congress lined up and executed for sitting on their hands while President Obama spoke. Treason is serious stuff, as are threatening to beat up a judge, but, when is someone going to beat up the judge for speaking outside of court?

 

Whistleblower in Montgomery County Jail fired today

One of the last known whistleblowers from the jail was fired today. Sergeant Ransley Creech, who was instrumental in the exposure of the initial pepper spraying video of an inmate in restraints apparently didn’t have the ability to take a medical disability like everyone else- and was fired.

You might remember this article from the Dayton Day Old News:

In an exclusive interview with the Dayton Daily (sic) News, Eric Banks said he and a fellow sergeant, Ransley Creech, brought the video to attorney Doug Brannon and also called the FBI. He said they did so because they feared the sheriff’s command staff was trying to cover up the pepper-spraying of a bound inmate, Amber Swink, by then-Sgt. Judith Sealey on Nov. 15, 2015.

Source: Former jail sergeant alleges cover-up of pepper-spray incident

Sealey was promoted after she was exposed as a torturer, then put on paid leave for a year before she took medical retirement.

Banks also retired.

The jail still has people dying in custody, and the task force that was supposed to fix things has done nothing. In the meantime, the county keeps paying to settle lawsuit after lawsuit, and Phil Plummer thinks he’s the best candidate to run for state representative.

It’s time to shut down the jail, or take it out from under the control of Phil Plummer.

If the City of Dayton leadership had any balls, they’d stop sending Dayton residents to the jail until something has changed. Letting our citizens die for minor crimes is a crime.

 

Another inmate death in Phil Plummer’s Montgomery County Jail

Dillon Abplanalp mugshot- via the police reporter site

Sources tell me another inmate died of a drug overdose in the last 24 hours in the Montgomery County Jail.

This is despite Sheriff Plummer investing over $100K in a body scanner to stop the flow of drugs into the jail.

Dillon Abplanalp, age 28, who is listed to vote in Springfield, and has had previous drug arrests- as far back as 2009, and minor cases in Dayton for panhandling and solicitation in 2016.

Since the Jail removes records of persons in custody after a death quickly, I had to rely on a janky site to get the following info:

Dillon Abplanalp was Arrested  in Montgomery County on 01/14/2018

Charges
  1. CARRYING CONCEALED WEAPON
    NOTES: NOT FORMALLY CHARGED
  2. POSSESSION OF DRUGS
    NOTES:
    NOT FORMALLY CHARGED
  3. RECEIVING STOLEN PROPERTY
    NOTES: NOT FORMALLY CHARGED
Arrest Information
Full Name: Dillon Abplanalp
Date:
Time: 8:21 PM
Arresting Agency: MORAINE PD
Arrest Location:1800 W DOROTHY, Montgomery, OH
Personal Information
Arrest Age:28
Gender: Male
Birthdate: 04/02/1989
Height: 5’09”
Weight: 160 lbs
Hair Color: BLACK
Considering he’d been in jail almost a week before overdosing, and the jail staff was unable to resuscitate him, there are still serious, unresolved problems in the Montgomery County Jail.
This article was posted at 11:30 am. Any subsequent posts by media that are unattributed to this site are examples of our journalism failing us in Dayton Ohio.