IN THE SUPREME COURT OF OHIO >I- -I^^d RELATOR TITO E. MARREO MOTION FOR WRIT OF MANDUMUS (COMPLAINT)

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1 ^,pal IN THE SUPREME COURT OF OHIO >I- -I^^d LORAIN COUNTY COURT OF CASE NO: 08CR COMMON PLEAS JUDGE MIRALDI 12CA AND COURT REPORTER ANITA FINES and 1:13CV216 VS. Respondent, , TITO E. MARRERO BELMONT CORRECTIONAL INST. ST. CLAIRSVILLE, OHIO Relator, RELATOR TITO E. MARREO MOTION FOR WRIT OF MANDUMUS (COMPLAINT) By: Tito E. Marrero Pro-Se RELATOR: Tito E. Marrero BeCI St. Clairsville, Ohio RESPONDENT: Judge James Miraldi (Common Pleas Judge) and Anita Fines (Court Reporter) Justice Center-Lorain County Court of Common Pleas 225 Court Street (7th Floor) Elyria, Ohio NOTE: I would have sent this MANDUMUS to the 9th District Court of Appeals first, but I allege that Judge Beth Whitmore has assisted Judge James Miraldi and the Lorain County Prosecutor's Office (Dennis P. Will) in violating, obstructing the due course:of justice, and depriving me of my Constitutional Rights. Therefore, the Ohio Supreme Court is my only court that can help me rectify, vindicate, and settle my needs for proper due process and equal protections of the laws. APR CLERK OF COURT SgREME COURT OF OHIO V E D I MAy ^._ CLERK CF CCURT SUPrdEME Ct^URIT OF ouf MAY CLERK OF COURT SUPREME COURT OF OH I O

2 IN THE SUPREME COi7RT OF OHIO LORAIN COUNTY COURT OF COMMON PLEAS JUDGE JAMES MIRALDI AND COURT REPORTER ANITA FINES Respondent, CASE NO: 08CR CA and 1:13CV216 VS. TITO E. MARRERO BELMONT CORRECTIONAL INST. ST. CLAIRSVILLE, OHIO Relator, AFFIDAVIT OF VERITY OF TITO E. MARRERO I, Tito E. Marrero, do hereby solemnly swear.that the facts contained within this Motion for Writ of Mandumus (Complaint) are true and correct to the best of my knowledge and belief. I am of, at this very time and moment, fragile, desperate, and of a battered mind and body plus spirit, but competent enough to testify to the facts stated herein. This case, and all of the "oath taking" professional attorneys, have depletedimsoul, and have made this :,case an unethical, undignified, and an overall mockery of the judicial system as a whole. Therefore, I, Tito E. Marrero, at this particular time, am trying to collateral attack this unconstitutional conviction through State and Federal Writs of Habeas Corpus. I have tried to extract, retreive, and request in a civil manner a complete, accurate, and word for word verbatim copy of^transcripts of my proceedings had for and Equal Protections review. I have request this from the trial court without any avail for close to a year now. I am accusing the trial judge, county prosecutor's office, and everyattorney that was involved with this case of ethical misconduct in violation of their Rules/Code of Professional Conduct, moral terptitude and common law fraud, plus, I will pursue other actions at law once I am released. This judge and county prosecutor's office invented their "own" Constitutional Law, their "own" Rule/Code of Professional Conduct/Canons, and made it quite clear that they are immune of oversight and supervisory self regulation. Most certainly, the missing/omitted statements reflect badly upon the Character, Fitness, and Integrity of these State Acting professional entities. Q

3 AFFIDAVIT OF VERITY (Cont.) So, accordingly, it is imperative, jurisprudenly urgent, and a must to obtaining a complete and accurate transcript of the proceedings had in case 08CR The gist of the missing, omitted, and edited out statements are described within the Memorandum In Support of this Writ of Mandumus attached herein. Tito E. Marrero Belmont Correctional Inst. P.O. Box 540 St. Clairsville, Ohio SWORN TO AND SUBSCRIBED in my presence on this -36day of April, SEAL ^PR1A` SR MICHELLE LY^11^'^EIL ;- Notary Public, State of Ohia My Commission Expires Apr, 29, TF F Aff'an T'to E. Marrero NO RY IIBLIC 1. 2

4 IN THE SUPREME COURT OF OHIO LORAIN COUNTY COURT OF COMMON PLEAS JUDGE MIRALDI AND COURT REPORTER ANITA FINES Respondent, CASE NO: 08CR CA and 1:13CV216 VS. TITO E. MARRERO BELMONT CORRECTIONAL INST. ST. CLAIRSVILLE, OHIO MEMORANDUM IN SUPPORT OF WRIT OF MANDUMUS RELATOR TITO E. MARRERO MOTION FOR WRIT OF MANDUMUS (COMPLAINT) Now comes Tito E. Marrero, Relator Pro-Se, and hereby Moves this Honorable Court to issue a Writ of Mandamus, directing the Lorain County Common Pleas Judge James Miraldi and his court reporter Anita Fines to uncover and produce a "complete and accurate" transcript of all my proceedings had within case 08CR in order that I, Tito E. Marrero, may obtain a Plenary (Full) and Fair (Substantial Due "Fundamental" Fairness) Process consistent withequal Protections of the Laws. Since I have been unconstitutionally incarcerated and sent off to state prison without a "complete and accurate" transcript of my proceedings, I, Tito E. Marrero, noticed that the transcripts provided to me, and also transmitted to the 9th District Court of Appeals for my Constitutionally protected Direct Appeal, was missing important "exculpatory" statements that proves Judicial Misconduct, Prosecutorial Misconduct, and proof of my attempts to raise, bring forth, and argue the proper Constitutional reasonings of "Probable Cause," in which, the Direct Appellate Judge Beth Whitmore stated that I DID not. Therefore, Judge Beth Whitmore from the 9th District Court of Appeals, said that I never raised the fact that "probable cause" was not argued in the trial court, and the 9th District is now without authority to decide in my favor. The Respondents has a clear legal duty to produce the realtime happeningswithin the trial court, even-though the law books states that a criminal defendant has no Right to a complete transcript of the proceedings. It says that a defendant does not have a right to a verbatim copy of a transcript (Poppa vs Wanamaket_; 70 Ohio L. Abs.

5 cont. 396, 128 N.E. 2d 764 (Ct. App. 9th District Summit County 1954). But, and unless,a defendant like me, Tito E. Marrero, can show the need for their inclusion, which is the case at hand, the Trial Judge Miraldi and his court reporter Anita Fines must release the withheld transcript testimony due to their obvious relevance and exculpatory values in support of Tito E. Marrero's Equal Protection endeavors in the 9th District Court.of Appeals, and in.;the Cleveland Federal Habeas Tribunal.(State vs Armstrong, 18 Ohio App. 2d 249, 47 Ohio Op. 2d 370, 248 N.E,,2d 212 7th Dist., Mahoning Coun-ty 1969). As such, the testimony evidence that I, Tito E. Marrero, am looking for are as follows: Judge Miraldi had passed over on my Affidavit of Disqualification, and on the next hearing things seemed odd to me when the proceedings restarted. Judge Miraldi said;: " I am going to set a trial date," and I interupted and said, "Now remember your Honor, I still have my Affidavit (of Disqual) on the back burner:"" Judge Miraldi would look up at me and explode with the statement of, "I don't care about your Affidavit (of Disqual)!!!" This was removed from the trial transcripts. Next omitted statement was Prosecutor Gauthier, in which, my proceedings were about to commence, and Gauthier would start off with, "One minute;your Honor, I wish to let something off first. Mr Marrero came to see me a couple of times, and he continues to talk-,about "PROBABLE CAUSE, PROBABLE CAUSE," and I don't know whether he's had a preliminary hearing or not?" I want to make sure that the Courts understand that I am in prison, and I do not have access to some of my evidence that I will present in court once released, but it is impossible to miss these statements, and they need to be produced. I was smart enough to place my cell phone on record several times, recording some of my proceedings, and I have proof of this facts. I can't wait to get out to address this most deceptive case, for it was unhonorable and very discriminatory to say the least. ^(_ /Wqv4IL,^ CO^ Respectfully Submitted Tito E. Marrero Pro-Se 0

6 IN THE SUPREME COURT OF OHIO AFFIDAVIT OF INDIGENCE The undersigned, Tito E. Marrero, a citizen of the United States and Affiant herein, after being first duly cautioned and sworn on my oath as required by law, do hereby depose and aver the following: 1. The Affiant is a State Prisoner incarcerated in a Correctional Institution with the State of Ohio, the City of St. Clairsville, County of Belmont and that I am without the necessary funds with which to pay for the cost of this action;l. 2. That Affiant is without possession of real or personal property and assets of sufficient value with which to offer as secutity for such costs; 3. That Affiant is true indigent and pauper within the meaning of the law. ^ ^ ^^4U/^"^ 6 Y k 37 Defendant-Relator Pro-Se Belmont Correctional Inst. St. Clairsville, Ohio SWORN TO AND SUBSCRIBED in my presence, a NOTARY PUBLIC',for the State of Ohio in the County of Belmont this ldt day of April, SEAL,^.-.^... ^ ^^`^1'' 't ^i'^ *OTARY PUBLIC r SHaj4E M publi ^ t4otary State of Ohio jn and for the F-XpAT Commission Expires :_ m mi^59 ^i.

7 IN THE SUPREME COURT OF OHIO LORAIN COUNTY COURT OF CASE NO: 08CR COMMON PLEAS JUDGE MIRALDI 12CA and 1:13CV216 AND COURT REPORTER ANITA FINES Respondent, VS. TITO E. MARRERO BELMONT CORRECTIONAL INST. P :-0. BOX 540 ST. CLAIRSVILLE, OHIO Relator, AFFIDAVIT OF TITO E. MARRERO I, 'Tito E., Marrero, do hereby solemnly swear that I have filed the following Civil Actions in the past 5 years: (1) State Writ of Habeas Corpus filed in trial court on the 29th of May, (Mooted by Judge Miraldi) (2) Civil (Reconstruction) Rights Suit filed on my Appellate (Direct Appeal) Attorney;/Erin A. Downs due to Conspiring and Discriminat-ing. (12CV Pending) (3) State Writ of Habeas Corpus filed in 7th Appellate District for Belmont County. (Dismissed due to missing signature sheet of Journal Entry-12BE37) (4) Civil (Legal Malpractice) Suit filed on Donald Gallick for ineffective representation. ( Pending) (5) Federal Wtit of Habeas Corpus Petition in Cleveland Northern District Federal Court. (1:13CV216-Pending) (6) State Writ of Habeas Corpus filed in the Ohio Supreme Court due to 7th District Court of Appeals dismissal. ( Pending) Rdspectfully Submitted, Tito E. Marrero Pro-Se Belmont Correctional Inst. St. Clairsville, Ohio SWORN TO AND SUBSCRIBED in my presence on this I27U'"day of April, SHANE ^. KlL W Notary Public In and for tho State of Ohio ^^mrnisjoon EXpires Z- 91CLrrl.^i^ d, NOTARY PUBLIC 05

8 CERTIFICATE OF SERVICE of the foregoing Motion for I hereby certify that a true copy Writ of Mandumus was sent by regular U.S.44 Mail to the Clerk of Courts for the Supreme Court of Ohio on this 30 day of April, Respectfully Submitted Tito E. Marrero Pro-SE Belmont Corr. Inst. P.O. Box 540 St. Clairsville, OHio NOTE: I would have sent this to the 9th District Court of Appeals first, but I allege that Judge Beth Whitmore has assisted Judge James Miraldi and the Lorain County Prosecutor's Office (Dennis P: Will) in violating, obstructing the due course of justice, and depriving me of my Constitutional Rights. Therefore, the Ohio Supreme Court is my only court that can help me rectify, vindicate, and settle my needs for proper due process and equal protections of the laws..