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.

Arresting teachers at school board meetings? DPS did that last century.

On Wed. Feb 28, 1996 I went to the Dayton City Commission meeting to protest their illegal secret meetings on Mondays (they called them “work sessions” and did them using the “emergency media notification” system of faxing to the media outlets on Friday evenings). The previous Monday, they had discussed ways to limit citizens from speaking, or at least being on camera, so they could make sure that I didn’t show how AFSCME trash collectors were getting paid for 56 hours while actually working around 30. I had shown up the previous week with my giant time card, and it was too clear how screwed up things were.

Since they didn’t want to see the face of the people they represent, I donned a black balaclava as the meeting started. The rest is history- and I ended up in the Montgomery County Jail that morning. The same place where Charles Alexander Wade was pepper sprayed while in a restraining chair.

But as I went to get my mug shot taken, I heard a voice call out “Mr. Esrati, Mr. Esrati” -and I look over, and there is Loretta Cephus, sitting in the mugshot area. She had been arrested the previous night while she was questioning the school board under Superintendent James Williams.

So when I was writing on Tuesday morning about how I’d shut down the illegal meeting of the school closure task force by protesting and refusing to leave or shut of my camera- because they were violating the Ohio Sunshine Laws, it was far from my first rodeo. And considering there were more than a few people who should know the Sunshine laws inside out- like Commissioner Jeff Mims, or City Manager Shelly Dickstein, or former county Administrator Deb Feldman or even Mr. Lawyer/school board member to be Mohamed Al-Hamdani- it’s pretty amazing that this collection of highly paid “leaders” didn’t know that what they were trying to do wasn’t legal.

When a reader sent me the link to the school teacher who was taken out of the school board meeting in Vermillion LA, and then cuffed- I did a quick facebook post thinking it was Vermillion Ohio (later corrected) as more and more people picked up the story in outrage. When I had viewed the video at noonish- it was at 250K views- it now has 2.7m views and counting:

The difference? Social media. What the DPS board got away with in its persecution of Loretta, wouldn’t have happened today. Her claims of #MeToo against Williams would have been taken seriously. People would have had first hand evidence of the horrible way the board handled things.

Loretta struggled for years, and was constantly pushed into a corner. Many have tried to do the same to me- “Esrati is crazy” – “Esrati is just a troublemaker”- “Esrati…”

It’s easy for them to do- to make themselves feel more comfortable with their ignorance of the laws that are there to protect them. It’s hard in a town that feels so strongly about putting the square pegs in the square holes and the round pegs in the round holes- that we often forget that pegs don’t have to go into holes at all…. in other words- we don’t have to be victimized by a system of laws and order that has been perverted for a long time. Back room deals on who should run, who should be on the ballot, and who should be allowed to talk or not talk for more than three minutes.

No, Vermillion LA, you putting a teacher in cuffs is nothing to this old hand of Dayton Ohio politics- you chickened out by not hauling her off to jail and charging her. In Dayton- we were doing that 22 years ago… and now, we’ve even upped the bar, by pepper spraying inmates in restraints, throwing old ladies to the floor and breaking their shoulder- and even letting people in medical distress die in the jail because, well, our Sheriff is beyond reproach and now running for State rep.

To all my supporters who called or wrote to thank me for standing up to the powers that think they can break the law, thank you. If you really want to help, consider making a donation to support my efforts to keep this blog as the source for the informed of Dayton. And, last but not least- run for precinct captain to stop these political power hungry members of the monarchy of Montgomery County from continuing to fail us in protecting our rights.

 

Time to put the jail commission in the jail

Phil Plummer, Sheriff, Montgomery County OhioLast week, an inmate hanged himself in his cell.

He quietly passed through this world under the less than watchful eye of Sheriff Phil Plummer.

The jail is grossly short-staffed. Rookie officers are making serious mistakes in handling prisoners. Video to follow soon, as well as a massive data dump on issues within the jail.

And, as of this moment, the jail is in lockdown, following the OD’s of three female inmates, one of whom died this morning.

Sasha N. Garvin mugshot

Sasha N. Garvin mugshot

Sasha Nicol Garvin, 27, with a history of minor driving issues was pronounced dead at 8:15 am.

Do we have time to keep waiting for a “commission” to review procedures, policies, safety, while people die?

Maybe the solution is to lock up the “commission” until they come up with viable solutions?

Going to jail should never be a death sentence.

Details to come.