I don’t like to post snippets and thoughts, most of my posts are complete stories. It wasn’t always like that in the beginning, maybe I need to get back to that? But this week has been full of strangeness.
Foley the Felon Felon Flips off the Fix
Originally charged with 12 criminal counts, negotiated away through not one but two plea deals, Montgomery County Jerk of Courts just got probation on 2 misdemeanors besides a litany of evidence and proof that he’s a felon- and he turns around and violates his probation in less than 2 weeks by being seen at the Montgomery County Republican Party Holiday party swigging a beer.
If I told you who told me about it, you’d shit your pants. Sent me a photo off Facebook. It’s not like Foley was trying to hide it- and the witness list includes judges, other elected officials and members of law enforcement.
A friend of mine, a returning citizen who did 8 years in prison for murder, said that if that was him, he’d be in jail already.
We know that won’t happen, because we already know the Judge is probably terrified that he will get disbarred already for accepting the first plea deal where they had an illegal contract, and then he trashed 200 years of precedent granting proof of “manifest injustice” in record time. But, seriously, Foley thinks he’s teflon coated and above the law like no one else except our current President.
Let’s see if anything shakes out. Sydney Dawes had it out last night in the online edition: “Did Clerk of Courts Foley violate probation by drinking? State auditor wants to know [1]“
Judge Brannon Files for Re-election
In a Facebook post Montgomery County Probate Judge David Brannon posted a photo of him turning in his petitions for re-election. Readers of this blog may remember I lost all respect for Brannon [2] and his court through their failures in protecting the rights of the veteran I’d cared for from 2016 until the court allowed the VA psychiatrist to undo both medical and durable POA’s while the vet was pink slipped on a psych ward [3].
What Brannon doesn’t know is that there are attorney’s begging the Montgomery County Dem Party chair to run someone against Brannon. That, along with a whole bunch of disgruntled former employees don’t bode him well.
In the continuing saga of the veterans case, where the VA actually filed in Court to terminate my 2017 POA because “it was still in effect” despite the guardianship (which because it’s a state doc, and normally immaterial to VA care) we now have a visiting judge. After the disastrous pre-trial conference, Brannon had told me to “shut the fuck up, and that I shouldn’t even be involved in this case” the pre-trial conference with the visiting judge was the first time in a Montgomery County Court room where I actually felt the judge was there to solve problems and seek solutions.
The solution for Montgomery County is someone needs to challenge Brannon. Not only will I be your first donor, but I’ll even do discounted work to help make sure he’s back on the other side of the dais in January 2027.
One other thing- for anyone thinking of running for judge, but not wanting to buck the party rules about not challenging party backed incumbents, you can look to Kettering Municipal Court Judge Patricia Campbell for inspiration. She ran as an independent and the party insider dropped out.
The Dem Party thinks the broken record will continue to play indefinitely
Word is that Mohamed Al-Hamdani won’t run again for chair of the Dem party. He’s been a disaster. Hasn’t raised money, hasn’t grown the party, lost elections (including his own pathetic attempt to unseat former Dem, Treasurer John McManus). That Mary McDonald beat the former queen of the party, Debbie Lieberman was bad, but considering Mary used to be a dem, it hurt extra bad.
As usual, the boys in the back room think they have the replacement picked, locked and loaded: Dayton Municipal Court Clerk Marty Gehres is the insider choice. Never mind that Dayton School Board member Jocelyn Rhynard ran against Mohamed last time and was pushed aside by the patronage (people who are at will employees of elected officials) pogues who always show up when votes count. I wouldn’t county out South Dayton Dems chair Rose Lounsbury, or hell, who knows who else. Want to see change? Consider pulling a petition to run for precinct captain in the spring. It only takes 5 signatures from dem voters in your precinct and most of you will run unopposed (only about half the seats 360 or so) are filled.
The bigger question is when will County Commissioner Judy Dodge step down so they can put their replacement in? With the Lieberman’s working with Mike Foley (Dennis as his lawyer and Debbie as his insurance policy hire) it’s unlikely that the current party cabal will put Debbie back in. I’ve heard some names- I’d love to hear in comments who you think will be the next puppet for the show. I’m pretty sure they won’t nominate Russ Joseph again- they may actually want someone who can be re-elected as an incumbent. My top two choices will stay secret.
While we wait on the Ohio Supreme Court to do the wrong thing in the Foley case…
I am consulting counsel about filing a federal civil rights action under 42 U.S.C. § 1983 [4] against Mike Foley and Montgomery County. I do not say that lightly, and I do not say it casually.
I have been down this road before.
In the 1996, Dayton Mayor Mike Turner and the the City of Dayton arrested me for exercising my First Amendment rights at a public meeting [5]. The charges were dismissed in full (Judge Dan Gehres- with some political sauce thrown in). I then filed in federal court. The city fought relentlessly, appealed repeatedly, and tried to bleed me dry. In the end, after losing in federal court, losing on appeal, and being refused review by the Ohio Supreme Court, the city paid $100,000 to settle. Not because I was wrong. Because they were.
That case was about open meetings, free speech, and the right of citizens to confront the people who work for them. It didn’t stop the illegal secret meetings (called “work sessions”) nor did it preserve public participation (they’ve tightened rules since then). It also cost me nearly three years of my life and almost bankrupted me. I got labeled “the ninja.” I did not profit from it. The lawyers did. The taxpayers paid for the city’s misconduct.
What happened this time is worse
This time, the abuse is not an arrest at a meeting. It is the use of legal process itself as a weapon. It is an elected official facing criminal exposure using his position and county resources to retaliate against scrutiny and silence criticism. It is filings made without good faith. It is institutions that know better choosing convenience over accountability.
A Section 1983 case exists for one reason. To hold government actors accountable when they violate constitutional rights under color of law. These cases belong in federal court because local systems often protect their own. Federal jurists are not part of the courthouse culture. They do not owe favors. They understand that retaliation and abuse of process are not politics. They are misconduct. And when you consider the abuses of the system that seem to be granted to Felon Foley, I believe a jury may want to send a message, especially if the Supreme Court let’s this travesty of Foley’s plea deals stand.
I also bring this forward with context. I have a long and documented history of being harmed by people in power who assumed I would eventually go away. I did not. I have stood up before, at great personal cost, and forced accountability when the system failed to police itself.
If this action proceeds, it will not be about revenge. It will be about consequences. It will be about deterrence. And it will be about sending a very clear message to every public official watching closely. When you misuse your office to go after a private citizen, especially one who has already proven he will fight back, the outcome can be extraordinarily expensive.
I have been the so called little guy before. My name is David. The Goliaths in government should remember how that story turned out. Words are my slingshot.
Do you like this format? Let me know in comments.
We were told by Zac at the Holiday gathering on 12/18/25 that the 5 signatures are no longer required to run for precinct captain. :)