IN THE SUPREME COURT OF OHIO

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1 y P IN THE SUPREME COURT OF OHIO Fa IN RE SAMANTHA JOHNS PRO SE 75 Woods Drive Apt. 1 West Milton, Ohio (937) Relator, V. THE HONORABLE MARY L. WISEMAN MONTGOMERY COUNTY COMMON PLEAS COURT 41 N. Perry Street Dayton, Ohio WARD BARRENTINE KARINA KOROSTYSHEVSKY HEATHERJANS MATTHEW T. CRAWFORD ASSISTANT PORSECUTING ATTORNEYS Dayton-Montgomery County Courts Bldg. P.O. Box 972, 301 W. Third Street Dayton, Ohio (937) * * * * * * * * * Supreme Court No * PETITION FOR ALTERNATIVE WRIT * WRIT OF PROHIBITION OR * OTHER APPROPRATE RELIEF * * * * y * t {.i N ; j %s `.s. a * ALYSIA A. GOSS LAW OF PUBLIC DEFENDER 117 S. Main Street, Suite 400 Dayton, Ohio (937) BOBBYJOECOX ATTORNEY AT LAW 130 W. Second Street Suite 800 Dayton, Ohio (937) RICHARD BUTCH BARNES J. ALLEN WILMES ATTORNEY AT LAW ATTORNEY AT LAW 41 E. Main Street 7821 N. Dixie Drive Enon, Ohio Dayton, Ohio (937) (937) Respondents,

2 PETITION FOR ALTERNATIVE WRIT, WRIT OF PROHIBITION OR OTHER APPROPRIATE RELIEF I. INTRODUCTION Now comes, Samantha Johns (Harrison) Relator, pursuant to S.Ct.Prac.R through 12.10, Supreme Court under Article IV, Section 2. File this Original Petition for Alternative Writ, Writ Of Prohibition or other appropriate relief. Under Ohio Rules of Appellate Procedure 21, file this Original action, requesting that this Court prohibit the Honorable Mary L. Wiseman, Judge of the Montgomery County Common Pleas Court, from further participation in the case below, State v. Samantha Harrison (Johns) Case No CR S.Ct.Prac.R Alternative Writs. Unless the Supreme Court orders otherwise, issuance of an alternative writ in a prohibition case stays proceedings in the action sought to be prohibited until final determination of the Supreme Court. Relator seeks an Alternative Writ as an emergency stay preventing Judge Wiseman from proceeding with the trial in this case below, until the Writ of Prohibition is resolved. This court lacks jurisdiction from proceeding any further. Relator seeks Writ of Prohibition to prevent Respondent from preceding any further from the case below, this relator has an unequivocal doubt she will not receive a fair a trial. This court has already set the schedule for and how this trial wi/l be ran according to this courts filed, ORDER AND ENTRY SETTING TIME LIMITS FOR TRIAL. This action in its self, shows the bias

3 this court has on this case. This court plans on holding Jury Selection in Chambers. Just one of the many rule violations by this court. Relator states that absent the granting of the Alternative Writ now sought, the court could act in this Relators detriment and in violation of her Constitution Rights afforded her, which this Relator has no adequate remedy at law. Relator also seeks the Writ of Prohibition from this Court directing this lower court to vacate/cease or dismiss this case below. IL INTRODUCTION Petitioner, reasonably fears that the court, will not be impartial in the case below. The wellfounded fear that Relator, would not receive a fair trial is under scored by the extraordinary issues in this case. This relator will provide a copy of this lower courts motion for ORDER AND ENTRY SETTING TIME LIMITS FOR TRIAL, among the many things that are injustice about this motion thus instilling she will not receive a fair trial. The very reason it is imperative this Court grant this Emergency Stay of Proceedings and grant this Writ of Prohibition. "Injustice anywhere is a threat to justice everywhere" (Martin Luther King, Jr.) This trial will cause continued great detriment to this relators health and well-being and an undue burden of the tax payers of this County of Montgomery. This relator has also lost 3 jobs, due to these unlawful acts, one being at the Wright Patterson Air Force Base. When the law is clear and unambiguous does not lead absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. Acts 1987, No. 124, 1, eff.

4 Jan. 1, To hold nothing but contempt for human rights as resulted in barbarous acts which this relator has had to suffer and endure at this courts mercy for almost a year now. Which involve no less than the office of the Montgomery County Prosecutor; Ward Barrentine, Karina Korostyshevsky, Heather Jans and Matthew T. Crawford. My court appointed counsel; J. Allen Wilmes, Bobby Joe Cox, Richard Butch Barnes and Alysia A. Goss. Attorneys are expected to represent their clients to the best of their abilities, using all reasonable, available, ethical and legal means to achieve their client's goals. The court lacks jurisdiction in the case below, so it has no authority to reach merits, but rather, should dismiss the action. The court has acted in judicial misconduct in ways that are considered unethical and impartial conduct. These actions include: conduct prejudicial to the effective and expeditious administration of the business of the court. This court and my attorney's have been, for lack of a better term, builing, threatening, and using cohesion to intimidate this relator. Treating this relator in a demonstrably egregious and hostile manner. Violating other specific, mandatory standards of judicial conduct; due process, the principle that an individual cannot be deprived of life, liberty, or property with appropriate legal procedures and safeguards. Such as judicial rules of procedure and evidence, acting outside the jurisdiction of the court. This court is guilty of excessive bail. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The point of bond (or bail) isn't to ensure that the defendant cannot post it, but rather to ensure that he has enough invested in the posting of that bond that it provides an incentive for him to return to court and thus avoid forfeiting that amount. The courts performance of official duties that the conduct would have a prejudicial effect on the courts among reasonable people. These prosecutor's have continued to prosecute this case

5 having full knowledge the state is without jurisdiction, and within the bounds of the law. They are failing to provide exculpatory evidence that would exonerate this relator. Not one of this relators attorneys have raised a Constitutional shield to protect my rights or amendment's. They have aided in this injustice to violate this relator and condone this outrageous behavior from this court. This relator has been deprived of her rights, under the United States Constitution, to due process and equal protection of the law by all respondents in the case below. This relator will also prove that these respondents have only brought this scandalous case to cover up the heinous and atrocious behavior of Montgomery County Children Services and The Montgomery County Common Pleas Court Juvenile Division. Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that rights should be protected by the rule of law. The allegations in this Motion for Emergency Stay and Writ of Prohibition are supported by the affidavit of Samantha Johns, relator. This relator prays upon this Court to grant such other and further relief as the Court deems equitable, just and proper. In that petitioner has no knowledge or background in such extensive law, petitioner respectfully requests this Court to view this petition in a manner that will most efficiently accomplish petitioner's stated objectives; whether that be this Emergency Petition for Writ of Prohibition and Motion for Stay of Proceedings or otherwise. Ill. INTRODUCTION This unique and most extraordinary situation involving the closeness of this criminal case and a civil custody case that involve my children. The United States demands strict adherence to the Rules of Judicial Conduct. Where a judge's impartiality might reasonably be

6 questioned, disqualification is required, regardless of the judge's impartiality, or weather this court would question the judge's impartiality, but instead, weather an ordinary litigant would readably question the judge's impartiality. "A determination must be made as to whether the facts alleged would place a reasonable prudent person in fear of not receiving a fair and impartial trial." Livingston v. State, 441 So. 2d 1083, 1087 (Fla.1983). If ever there were a situation which required the Appellate Court to strictly adhere to the standards long enunciated in the opinions of the Courts of this state, that situation has arrived. FACTS OF THE CASE 1. This relator will first try and show this Honorable Court how this investigation has been done illegally. Please bare with me because this case starts with my civil case that started in August It is imitative I prove that all the evidence in this criminal case has been obtained illegally. 2. August 28, 2012 Civil Ex Parte Hearing at Montgomery County Juvenile Court Detective Isaiah Keller Montgomery County Sheriff's Office, Unit Assignment Sex Offenders/Internet Crimes and Pornography with Care House was present. This relator was never told who this person was, during this hearing however. This man was allowed to sit in this hearing and feed questions to the prosecutor Ann Gramza, while this relator was on the stand testifying. I was not Mirandized in anyway. My attorney asked for separation of witnesses before this hearing began. Everyone agreed to this stipulation.

7 3. Detective Isaiah Keller was allowed to sit in the first 5 hearings that took place at Montgomery County Juvenile Court. During these hearings he would feed questions to Ann Gramza, prosecutor for Montgomery County Children Services. He also attended every meeting that was with the Montgomery Count Children Service Agency during this time. He would ask this relator many questions during these said meetings. I was never Mirandized in anyway. 4. This Detective testify in 2 separate hearings and testified about the criminal investigation. He also testified to being in said meetings. This detective also obtained Medical record for a criminal investigation for this relators son, not only did he pass my son's privileged and private medical records out to everyone involved, he obtained medical records from Cincinnati Childrens Medical Center with no subpoena or rights to said medical records. The Praecipe and Subpoena this detective obtained from the Grand Jury was also obtained by the very doctor that made false statements about me and my son, Doctor Bob Shapiro. This Subpoena is dated July 26, 2012 The reason this date is so significant, is because this detective testified he had no knowledge of this case until after Montgomery County Children Services filed for the Ex Parte Order on August 27, 2012 (See Exhibit 1) 5. On October 23, 2012 Detective Isaiah Keller obtained an IN RE: ORDER AND JOURNAL ENTRY for this relators bank records from Chase Bank. (See Exhibit 2) Detective Keller's investigative supplement, on October 23, 2012 the Honorable Judge Barbara Gorman approved the court order. This report is dated October 24, (Exhibit 3) These records where obtained illegally. These records where

8 obtained with false testimony from a doctor Bob Shapiro with Cincinnati Childrens Medical Center. Then this detective broke the Rules of Evidence by distributing this relotors bank records to Mongomery County Children Services, and their prosecutor, the Gardian at Litem, Robin Traywick, my children's attorney Douglas Haun, and everyone involved in the case. An officer who obtains a warrant through material false statements which result in an unconstitutional seizure may be held liable personally for his actions under Aponte Matos v. Toledo Davilla, 1st Cir. 1998) 6. On November 20, 2012, My Civil attorney Denny Gump asked the Court to dismiss him from my civil case because I could not afford him any longer due to my case getting out of control, and due to the Sheriff s Office now talking about criminal charges for fraudulent fund raising and or well-fair fraud. This is the first I had heard anything about this. 7. January 28, 2013, My Civil, Court appointed attorney Shawn Hooks told me in a meeting that I was being investigated by the Sheriff's Office for embezzling funds for the fundraising and well-fair fraud. 8. March 5, 2013, My Civil, Court appointed attorney Marcy Vonderwell handed me my application from Job and Family Services for cash and food assistance. She told me that the Sheriff's office was investigating me for well-fair fraud. I started asking questions about it and she said I can't tell you much but they had to provide this in in the discovery packet. (See Exhibit 4) 9. Over the next year my caseworker on many occasions would not let me forget that I was being investigated by the Sheriff's Office right in front of my 3 little boys.

9 10. On January 14, 2014 Montgomery County Ohio Clerk of Courts - Indicted Charges Theft ($1000 But Less Than $7,500) ( By Deception) 2014 CR STATE OF OHIO vs SAMANTHA HARRISON (Exhibit 5) 11. On February 08, 2013, Detective Keller testified in my Civil Case, not only did this detective commit Perjury on the stand after he was swore to tell the truth. He is also the Detective on the criminal case below. He testified he did not become aware of this case until after the sheriff's office assisted with removal of my children not once but twice, he testifying to that fact. The subpoena for the Dayton Children Medical records came back on July 26, This subpoena states: to call Detective Keller when ready to be picked up days before my children were removed from my home. His testimony is imperative to this case because if he committed perjury on the stand testifying and admitted to obtaining a subpoena for Medical records, for criminal investigation purposes only, to find out if a criminal act had been committed. Then admitted that the subpoena did not give him the permission to give it out freely to whom ever wanted it, which he also admitted to giving it out. However, he only obtained one subpoena for Dayton Children Medical Center only. However, somehow this detective had received medical records from Cincinnati Childrens Medical Center and had these in his possession, and distributed them as well. When questioned about how this happened, he couldn't give an answer. Then lied about the date he obtained the subpoena. He also admitted to conducting a forensic interview on my child of 7 years old, without a parent or an attorney present for approximately 45 minutes. This detective stated my son told him, "he

10 suffered from loss of balance, weakness, and dizziness" This is kind of ironic because the school testified this 7 year old had the intellect of a pre-kindergartener, 3 to 4 years old, I would say those are some pretty big words. Detective Keller testified he interviewed my 7 year old on August 31, before speaking to me or their (suspected) father, he was asked by the prosecutor, and "did you know what he was referring to when he said he got a hundred dollars for the fish fry?" This Detective said, "Yes, I did." Then he was asked, "how were you aware of that fish fry?" He answered, "from speaking to the (suspected) father, he said that there was a fish fry fund raiser for him." But Mr. Rezabek caught him in this lie and he had to recant his statement. His interview with the (suspected) father was just a few days before this hearing. He also admitted to only starting the criminal investigation after his illegal interview with my son, but then how did he obtain the subpoena on July 26th 2012, 36 days before this interview? He also testified to evidence he obtained through his criminal investigation, after my son's interview but the prosecutor failed to provide it in the discovery stage. The prosecutor told the court that it was introduced in the ex parte hearing on August 28, 2012, however, because this was evidence that this Detective obtained after his interview with my son, following up on a lead my son told him. I feel this detective had a moral obligation to tell this court that it was impossible because that was well after his interview and the ex parte hearing, but he stood silent and the judge allowed the evidence to stand. He also admitted to the criminal investigation being open since August 27, This detective did not testify he had any medical background what so ever. However, he testified to looking at my son's

11 medical records to see if he was diagnosed with a Mitochondrial Disease. He was asked if he reviewed Doctor Bennett's records. He stated '1 subpoenaed Doctor Bennett's records, or asked for them, but I was never sent them.' This is also a lie because Melissa Lowe (case worker with MCCS) testified she obtained Doctor Bennett's medical records form Detective Keller. He was specifically asked "Okay, At any point was it relayed to you that Doctor Bennett substantiated a diagnosis of Mitochondrial Disease?" His answer was "I believe that doctor Bennett -there was discussion that she was treating him for it or looked -looked at him for that. But, I don't know as far as a diagnosis, no." The reason that this statement is so incredibly valuable is because not only would this kind of proof have proven my case on the civil side, because the state supposedly proved my son was not sick or diagnosed with any kind of medical issues, thus the reason they said I was committing Munchausen By Proxy and putting him through unnecessary medical procedures. Emphatically stated he did not have or was ever diagnosed with a Mitochondrial Disease. This is why today all 3 of my little boys have been permanently taken away from me. These are only some of the illegal behavior of this supposed Law Enforcement Officer. 12. But this is all one big lie, Detective Keller has full knowledge that my son was diagnosed with a Mitochondrial Disease, and many other health issues. In his criminal investigation below he obtained the records from the Job and Family Services Department to try this very case of theft. And in these records from he has obtained, and that he is failing to disclose to everyone, this (EXCULPITORY

12 EVIDENCE). Montgomery County Dept. Of Job And Family Services Participation Ability Request Form - Primary Caregiver, this form states: Medical Practitioner please complete the items below: PATIENT DIAGNOSIS: Mitochondrial Disease (MELAS) (TERMINAL) Kidney reflux Disease, Dementia, Bleeding Disorder, Syringomyelia Disorder (CYST IN SPINE) Enlarged Aortic Root, Prolonged QT Interval Syndrome, Lactic Acidosis, Neurogenic Apathy (MUSCLE). 1. Does this Patient require a relative to provide medically necessary, full care? YES, If yes, name of caregiver: Samantha Harrison (Johns) 2. Does care for the patient prevent careriver from participatinr in the following: working, volunteering, training or attending school? YES. If yes, please indicate onset of inability and for how long inability to participate in the above activities will last: Onset: JUNE 2009 Duration: LIFETIME 3. If patient is under the age of 6, can the patient attend a child facility for at least 20 hours per week? N/A Practitioners Name (please print) Dr Barbara Bennett DO. Specialty FP Physician Signature PLEASE NOTE THAT DR. BENNETT HAS SIGNED THIS DOCUMENT WITH HER SIGNITURE Date Address 8700 Old Troy Pike Suite 50 Phone City Dayton State OH Zip Code via fax: Please note her signature stamp is also on this form as well as her true and factual signature. See (Exhibit 6) 13. This Detective Keller, also is failing to disclose a signed affidavit from Martin Stringfellow, (supposed father) that reads: My name is Martin Stringfellow, I am the father of Samantha Harrison's 3 children; Zachary Stringfellow, Samuel Stringfellow, and Matthew Stringfellow. I do not live with them at 516 Caleb Drive Brookville,

13 Ohio. However, due to my name being on the house, I am allowing her and the children to live there, rent free. I will pay the house payment and all utilizes. I will also give her $ a week to help take care of my boys. I also provide the primary medical insurance for the boys, but none for her. If you have any questions, please feel free to call me. I do work 3rd shift, so I may be a little hard to get a hold of. I will do my best to get back to you as soon as possible. Sincerely, Martin Stringfellow. PLEASE NOTE HIS SIGNITURE IS NOTIRIZED See (Exhibit 7) 14. On February 14, 2014, this relator was attending a Semi-Annual Review Meeting at Montgomery County Children Services. During this meeting Kim Bayless (supervisor) at Montgomery County Children Services and Vicki Carter (case worker), told me that the Sheriff's office went to the Grand Jury and they indicted me and charged me with felony theft. Kim Bayless stated she ran a police background on me and I was charged, but stated she didn't know when. (Exhibit CD number 1) 15. April 30, 2014, Montgomery County Electronically filed, IN THE COMMON PLEASE COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION - CASE NO CR SUMMONS TO APPEAR ON INDICTED dc/heather N JANS E See (Exhibit 8) 16. April 30, 2014, Montgomery County Electronically filed, DIRECT THE STATE OF OHIO, MONTGOMERY COUNTY - This would be my INDICTMENT, however, I was never served. See (Exhibit 9)

14 17. May 12, 2014, Montgomery County, Received my RETURN OF SERVICE REQUESTED WITH MY FOWARDING ADDRESS ON IT. This notice was sent to: 516 Caleb Drive Brookville, Ohio My return address came back to: P.O. Box 13 Brookville, Ohio I have had a post office box for years because, I was a Police Officer until the warrant was issued. The most gregarious thing about this is the fact that the Detective Keller was sitting in the Montgomery County Common Pleas Juvenile Court room in September of 2012, when Magistrate Paula Durden ordered me to leave my home, and has full knowledge I moved out in October, He also has been in subsequent Hearings and has personally asked me for my address, and has full knowledge I have not lived in Montgomery County for almost 2 full years now. See (Exhibit 10) 18. May 15, Montgomery County filed a separate motion for ENTRY AND ORDER FOR FINGERPRINTING See (Exhibit 11) 19. May 16, 2014, Montgomery County Electronically filed IN THE COMMON PLEASE COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION - RE: ENTRY AND ORDER FOR ARRAINMENT CONTINUANCE The Court hereby orders a continuance sua sponte in the following matters from May 15, 2014, 2014 CR ST. v SAMANTHA HARRISON Continue To May 29, 2014 CPC - DEFENDANT FAILED TO APPEAR See (Exhibit 12) 20. May 29, 2014, Montgomery County Electronically filed IN THE COMMON PLEASE COURT OF MONTGOMERY COUNTY, OHIO - WARRANT ON INDICTMENT See (Exhibit 13)

15 21. May 29, 2014 Montgomery County Electronically filed IN THE COMMON PLEASE COURT OF MONTGOMERY COUNTY, OHIO - ENTRY AND ORDER SETTING BAIL See (Exhibit 14) 22. May 31, 2014, this relator checked her mail at the Post Office Box in Brookville, and hand nothing form the court. 23. June 2, 2014, Went to Post Office Box to check my mail, and received a letter from COURT OF COMMON PLEASE DIVISION OF COURT SERVICES This letter was addressed to my Post Office however, the letter still had my previous address on it. Dear Samantha Harrison, On May 15, 2014, you were scheduled for arraignment in case number 2014 CR for Theft ($1000) (By Deception), for which you failed to appear. Your new court date has been scheduled for May 29, 2014 at 8:30 A.M. at the Montgomery County Common Pleas Court, 41 Perry Street, Dayton, Ohio 4522, Courtroom #7, 4th Floor. Please be sure to check the display monitors in the lobby for any change in the courtroom number. Failure to appear for this arraignment will result in a warrant being issued for your arrest which may result in incarceration. Sincerely, Tracy Geyer Pretrial Officer (937) See (Exhibit 15). This relator called Ms. Geyer and she stated I could come in on either Tuesday or Thursday and go in front of the Judge. 24. Indictment by a Grand Jury. FIFTH AMENDMENT

16 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Due Process Motion as a motion to dismiss the Indictment pursuant to Federal Rule of Criminal Procedure 12(b)(2). See United States v. Nguyen, 250 F.3d 643, 646 (8th Cir. 2001) ("[T]his circuit has held that 'outrageous government conduct' should be raised as a pre-trial motion to dismiss the indictment pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure..." (citations omitted)). 25. On June 5, 2014, I went to the Montgomery County Common Pleas Court to answer to the indictment. I was in front of Common Pleas Court of Montgomery County, Ohio Criminal Division, Judge Timothy N. O'Connell. Upon approaching the stand to give my plea, an unidentified women was standing at the podium and spoke to the judge on my behalf. From sitting in the court room listening to the proceedings, this women was giving a speech to the court every time it called a defendant. Her speech was giving up defendants' rights. "The defendant here within waives the requirement that the case be tried or a preliminary hearing be held with the time limits prescribed by Ohio Revised Code The first thing I said to this women upon reaching the podium; DO NOT WAVE ANY OF MY RIGHTS, I AM PLEADING NOT

17 GUILTY TO ALL CHARGES AND HAVE THE RIGHT TO START THE TIME FOR A SPEEDY TRIAL, AND THE STATE MUST PROVE THEIR CASE IN THE STATUTOR TIME LIMITS SET BY THIS STATE. However, this court recorded, I stood mute on record. In the statement made on this entry it states I plead not guilty. This also states I received a copy of my indictment, however I did not. I did tell the judge I was indigence and could not afford counsel. (See Exhibit 16) 26. Judge Timothy N. O'Connell, released me on PERSONAL OWN RECOGNIZANCE BAIL. I was booked in and out of jail within the same day. I received a date June 12, 2014 to come back in one week so I may inter my plea. Even though I accreted my rights to enter a plea to start the speedy trial process. 27. June 12, 2014, returned to court, and was told to come back in one week, however, I did meet my public defender Alysia Gross. Public defender Alysia Goss received my (CCH) and 42 pages of discovery. 28. June 19, 2014, SCHEDULING CONFERENCE, went back to court in front of Judge Wisemen, Public defender asked for more time so she might meet with me. Judge set next hearing for July 3, June 23, 2014, met with M. Goss, she explained to me that the state will not offer diversion in this case, due to the fact my ex was a police officer, and the fact that I am a certified police officer as well. Received a copy of the police report by her. She asked me question of my residence and when I left my ex, and when I left my home. I explained to her I could not give her the dates because it was a long time ago, that I would have to look at my calendar. She did talk about me doing a program called

18 (ILC) Intervention In Lieu Of Conviction. This attorney did not ask me one question about my side or if I was innocent, she only pressed me to do (ILC), I asked her, so you are already saying I am going to be convicted, she said no, I am just giving you your options. And I would have to plead guilty on the charge, and I would have up to 5 years to complete the process but a minimum of 1 year. I asked her if I did do this, what would happen to my Police, EMT, Fire Certifications. She said she would have to look into it. But if I was convicted, I would not have any of them. But even with the (ILC) Police Dept. would still be able to see the conviction no matter what. This women had full knowledge of my Police Certification before I told her anything about it. Then she told me no matter what I choose to do my law enforcement career is over. I told her in this meeting I didn't even know what the charges were. She said that was the point of that meeting today. However, this was 18 days after my arraignment. I told her I wanted to file a motion for a change in venue, she said on what basis, I told her I was not going to get a fair trial or a fair hearing. She said ok, that's something we can talk about. She asked me what started my case with everything (meaning my children services case) I explained to her it started with a Malpractice Law suit against a doctor, He filed a complaint 2% months after discharging my son as a patient, the complaint accused me on Munchausen by Proxy. She said Okay. I went on to explain to her the situation. She showed me the police report was the very same police report that brought these criminal charges against me, would be the very same police report that brought my civil case against me. And that the prosecutor would be sending a bunch of medical records over to

19 her for this criminal case. And the Care House interviews of my children, from this same Detective Keller. I said why? She said they are just giving me everything. So I am not sure how this information would not bias the judge in her opinion. More reason I told her I need a change in venue. She asked me if my service dog was mine or my son's dog, I explained to her he was my service dog for seizures and diabetes. She said Okay, I read somewhere that your son had a service dog. I will provide the meeting by CD marked as (Exhibit CD Number 2) 30. July 3, 2014, SCHEDULING CONFERENCE with M. Goss, M. Goss made a motion to excuse herself because she stated, "My client wants to go to trial, and does not want to plead to this case. Due to my schedule I do not have time for a trial." So the judge said Okay, and set the next hearing for July 10, July 7, 2014, Record reflex I was in court that day and was appointed counsel. However, this is not possible. 32. July 10, 2014, MOTION FOR CONTINUANCE TO APPOINT COUNCLE, I met Mr. Richard Barns, as I was walking up to the podium when my name was called. He asked the Judge for more time so he may meet with his client. (However, this courts record reflects that this hearing did not take place on this date, the record reflects that this hearing took place on July 7, Because this attorney that was appointed to me by this court let this attorney file a waiver of my Rights to a Speedy Trial on July, 8, 2014, Stating The Defendant here within waives the requirement that his case be tried on a preliminary hearing held with the time limits prescribed by Ohio Revise Code ) This is a total lie, how can this man enter this when

20 he was not yet appointed to me as my counsel. Let alone I was in Sandusky, Ohio for a birthday party on this day. More proof this court is acting without legal authority. 33. July 4, 2014, R. Barns scheduled a meeting in his office, on this holiday, and when I drove the 45 minutes one way to his office, he was not there. So he called me and apologized and scheduled the appointment for, July 6, In my meeting this attorney talked to me about my evidence and said he was eager to try my case. 34. July 7, 2014, Scheduling Conference at court, my attorney met me out in the hallway just before court and wanted me to read and sign a paper he had prepared. He told me if I do not sign it he could go no further with my case. After reading this letter my attorney walked back up to me and said, "sign it now or else!" I said, "Or what!" He said, "You will see!" So I told him I need a copy of it and he said I could have a copy after I signed it. So I brought my phone out to take a picture of this letter, and he tried hitting my phone out of my hand. I told him "I am not signing it!" So he said "give me the letter, NOWI" I tried to hang on to it and a struggle ensued. But, he took the letter from me anyway. I began to get scared because I didn't quite know what his threat meant, and by his reaction to not letting me keep the letter, I just knew it couldn't be good. The letter was a Waiver of Claims of Ineffective Assistance of Counsel. We both then proceeded into the court room and I was called to the podium, Mr. Barns told the court he could no longer represent me. The judge said "Okay", didn't inquire as to why this attorney was quitting or wanting off my case. This attorney had an obligation to have the record complete by 30 days. However, he failed to do so. But so did Miss Goss, so it just must be in this courts habit to not

21 care about that. This attorney gave nothing in writing to this court either. The court simple said I will set the next hearing for August 21, August 19, 2014, I received a call from a Bobby Joe Cox, telling me he was my new court appointed counsel. He stated he was in the Judge's chambers the other day on a different case and the judge asked him if he would take my case, and he said sure. He said she filled him in on my case with Children Service and that basically this case just stems from that case. I asked him how is that, and he said "mama, it just is, just what the judge told me. So he asked me to meet him outside the court room 15 minutes before the hearing on the August 21, I said, "Okay". Even though this attorney told me he was just appointed a few days ago, the record today reflects he was appoint on the same day Mr. Barns asked to be dismissed from my case. However, that motion did not appear on the docking statement until I had brought this point up 2 months later to my attorney in private. 36. August 21, 2014, HEARING FOR CONTINUANCE TO APPIONT COUNSEL, I was 25 minutes early for court, However, my attorney was 25 minutes late for court, so I could not meet with him prior to going in front of this judge. Upon approaching the bench when I was called the judge stated she was going to order me to have a Psychological Evaluation because of my inability to keep counsel. I told the judge' I OBJECT!" She said "it is within her right to do so, so it is ordered!" I said but your honor, how is this fair when Mr. Barns tried to get me to sign a waiver exonerating him of any wrong doing to me. The judge read from a law book that stated, a judge has the right to ask for such hearing anytime it sees fit, (G)(3) ect... She

22 ordered that the Forensic Psychiatry Center for Western Ohio examine me. Then she begain to tell me if I did not take the PSY exam, that she will have me committed indefinitely or a time she sees fit, or I take the test, which ever came first. I said "your honor, I object!" She screamed at me and said "it is ordered, if you don't show up to the evaluation and give your full cooperation, I will issue a warrant and have you it in jail until you take it, get out of my court room, your next court date is August 25, 2014!" My new attorney said we need to go, I will talk to you outside. We went out in the hallway and sat down, he advised me she had every right to do so and I must take it or go to jail. He began to ask me question that pertained to Competency to stand trial. I answer all of his question and he said you got all of the question right, you have nothing to worry about. He said you are a Police Officer this should be a walk in the park to you. But I did not tell him I was a police officer. I also asked him if I had to take the MMPI (Minnesota Multiphasic Personality Inventory) He said no, that has nothing to do with competence, we just went over what they are going to ask you, it is that simple and you got them all right, you are good to go. Anything that has to do with anything else and you can plead the 5th. I said kay. 37. Dusky v. United States, 362 U.S. 402 (1960) Test of defendant's competency to stand trial is whether he or she has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding and whether he or she has a rational as well as a factual understanding of proceeding against him or her; it is not enough that he or she is oriented to time and place and has some recollection of events.

23 38. Cooper v. Oklahoma, 517 U.S. 348 (1996) Oklahoma law presuming defendant is competent to stand trial unless he proves incompetence by clear and convincing evidence violates due process because the rule allows the State to try a defendant who is more likely than not incompetent. 39. O'Connor v. Donaldson, 422 U.S. 563 (1975), was a landmark decision in mental health law. The United States Supreme Court ruled that a state cannot constitutionally confine a nondangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends. Since the trial court jury found, upon ample evidence, that petitioner did so confine respondent, the Supreme Court upheld the trial court's conclusion that petitioner had violated respondent's right to liberty. 40. Clearly Erroneous Law & Legal Definition - An appellate Court should apply the clearly erroneous standard in judging a trial court's in judging a trial court's treatment of factual issues. A judgment becomes reversible if the factual issues are reviewed in a clearly erroneous manor. 41. August 12, 2014, Bobby Joe Cox has record by way of Receipt for Electronic Supplement Discovery of my evidence. 42. August 2, :43, Received call from Bobby Joe Cox, I asked him if he could get me the dates of the Grand Jury, when the case went to Grand Jury and when the Grand Jury indicted me. He said, he would try and get but he is not sure. He acted like he didn't know what the forensic evaluation was all about. He explained to me that I was not served in this case, he went on to tell me about the grand jury process and how I was not served in this case. He then went on to tell me that the clerk's office picks and chooses who they want to send notices to, and if they don't like you

24 or you make them made, they will just say they sent it to you but then they never do, and then you are made to suffer the consequences. Bobby Joe Cox "That's why when I deal with the clerks all the time in all the courts over all these many years, I always try and be polite and courteous to them and they will come in there because I am an attorney that I'm more important than anybody else because if they really want to jack me around they can inadvertently fail to send me a notice and say oh yea, notice was sent to Mr. Cox and I don't know why he's not hear. You understand what I am saying? Please listen to the CD that I will provide you with, because there ` is a lot more. I am running out of time to file this so please bare with me. See (Exhibit CD 3) 43. September 2, 2014, I received the appointment notice to be at the forensic center. It stated my appointment was to be on September 3, 2014, at 9:00 a.m... 12:35 p.m., I called the forensic center to tell them I could not make it on such short notice, the secretary said I have to call my attorney because it is court appointed they could do nothing. 12:43 p.m., I called Mr. Cox and told him he said, Okay I will get back to you. I explained to him, I can't believe I received it because the court sent it to the wrong address. They sent it to P.O. Box 15, not P.O. Box 13. He asked me what schedule do you have available for next week, I told him September 11, but it would have to be in the morning because I have my visitation with my boys at 3:00. He said, Okay I will call you back. 44. September 2, 2014, 2:48 Bobby Joe Cox, called me back and said on September 11, was not available. September 12, 9:00 a.m. was available, so I took that. He asked

25 me my correct address Of P.O. Box 13, Brookville, Ohio, Mr. Cox said and one more thing, I told her (women from the psy center) you had a service dig and she said you must bring all of your paper work as to why you have a service dog. I explained to him they cannot make me provide that to them. He said mama, I am just telling you what they said you must do. He said I am only the messenger, I said NO, you are my attorney. He said mama I am your attorney on a criminal case, and I am trying to get you through it, I am not getting in a battle, if they just want the papers, just show them the papers, you have a service dog so just take them and show them. And do the simple little test they want. I said okay so I can plead the fifth if they try and make me take the MMPI, he know started back tracking and saying that I have to complete the examination be whatever it may be. Please see the CD, for the full recording of the phone call. He said if I do not take their test I will get locked up until you take the test, he also stated this is for Competency not a psychological profile, you have not plead not guilty by reason of insanity or temporary insanity, this is only are you competent to work with your lawyer, and defend yourself, I said Okay. I asked him when are we going to get a competency Hearing he said 5 weeks from the court date. I said that will be the hearing he said there will be no hearing because you are competent so as long as I get a report from a doctor saying you can work with me then, and we know we will because we know you are competent. I tried to explain to him the law states I get a competency hearing he said after the report. He said to bring it up to the court when we go back, he was admit about we have to get a report first. Please listen to the CD of this

26 conversation, where he threaten me if I do not take the test, I will go to jail. He said if I don't take these test the judge will throw me in jail so, if I don't take them then I will pay the consequences if I don't. I brought up that they can't even try this case because of time, the one year rule. He said the statue is 6 years except murder and there is no statue on that. Then I quoted him , he said Okay down the road that might be a motion we need to file then. I said down the road, he said nothing is going to happen until this competency hearing. 45. September 12, 2014, Bobby Joe Cox has record by way of Receipt for Electronic Supplement Discovery of my evidence. 46. September 12, 2014 My appointment with the Forensic Psychiatry Center for Western Ohio at 9:00, I sat down and the evaluator, asked me what I thought brought me to her today, I explained to her my side and she said I was delusional and paranoid because the judge and my attorney are only in place to help me, not do anything that would ever go against me in anyway, at that point I just said okay. She also said that my attorney was the one that raised the complaint to bring me to her today, because he doesn't feel I am competent enough to work with him. At that point I knew for sure I was not going to take their tests on the MMPI and the MMPI 2, So, she explained to me all the tests I would be taking, which 2 of the test were called the MMPI and MMPI 2, then she asked me to sign a waiver to my rights for previous mental health evaluations or providers and a Medical release of information, when reading this form, she said that this information was for the court. However, I realized the release had Montgomery County Children Services on

27 it. So I refused to sign this release because, Children Services has been wanting this evaluation since September of So I was not about to sign this release to give this information to that agency. So when I told this women, I refuse to sign this, she said then we are done with this evaluation and you can deal with whatever the judge does to you. I said okay, she said we are done with this evaluation. 47. During one of my supervised visits with my boys, the case worker said to me before leaving, you will submit to the psy eval. I just ignored her and kept walking to my truck to leave. But proving to me they were involved with this as well. 48. September 25, 2014, I filed a motion for MOTION TO DISMISS FOR INEFFECTIVE ASSISTANCE OF COUNSLE AND ABUSE OF DISCRETION ( See Exihibit 18) 1 asked the judge about this motion during the hearing and she seemed at me and said it was dismissed. 49. September 25, 2014 My Competency hearing, I spoke with my attorney right before we went in, I asked him why he has not returned any of my calls and he said he has been busy. He said well, since you didn't take the psychological exam she is very, I mean very anger with you! I told him about the release and he said who care about that, I told you to just do whatever they say. I said well, I am not doing a test that this court has no right to ask me to take. If it was just about competency then I will do it, but I called the Attorney General's Office and the lawyer I spoke to said I should not give Children Services any information either. She also told me that it should be biased on competency only and not an MMPI. He said so you called the AG's office? I said, yes I did, why can I not do that? He said are you just trying to

28 really piss this judge off, trying to get other people involved? I said, you and I both no this is not right, I have to do something. He said I will try and talk to the judge and see if she will give you one more chance to take their tests. You are a nice lady and I don't want to see you go to jail one something like this, especially because you are fully capably to do this, hell, I bet you know more than half of the idiots in the prosecutor's office. Then he began to tell me about an attorney that had my same conviction about the law. She was put in jail because she would not take a psychological and she went to jail for a year. I just sat there while he kept going on and on. We went into the court room, and he was right the judge was really mad and was actually screaming at me. (I tried to get the CD's of the hearings to give to this Court but I was told no, not until this matter has come to an end.) The judge gave me one more chance to take it, she said if I don't take it she will lock me up indefinitely, so I better take it. Even my attorney started telling the judge in open court that I called the AG's office and they told me I don't have to take her tests, but of course that is not what I said. But with both of them yelling at me I didn't stand a chance. So she set the next evaluation for October 10, See (exhibit CD 5 AG's conversation, I spoke to her about my civil case, I didn't want to disturb the recording so the criminal part starts around 12:20) 50. October 10, 2014, FORENSIC PSYCHIATRY INTERVIEW, I went to my meeting, because I was actually really scared because the judge said she would lock me up indefinitely, so I knew if that would happen I would not get my appeal filed in time for my children. However, this time I was not asked to sign any release of

29 information. She asked me if I was willing to take the MMPI, and the MMPI 2, I told her no, I am not but she is more than welcome to ask me anything about competency to stand trial, and that I would answer any of those question for her. She started with a list that was in front of her, I asked her where the questions came from, my attorney? She said no, the court sent them over for you to answer. She asked questions of: How many witnesses are you going to call on your side. Who are these witnesses? What are these witnesses going to testify to? What are their names? What kind of question are you going to ask them on the stand? What kind of evidence do you have to fight these charges? What have you spoken to your attorney about? What have you asked your attorney to file on your behalf? What has your attorney advised you to do? ALL of these questions were extremely inappropriate but my fear of going to jail was more, so I answered the best I could. However, % of her findings in her report she had to get from some other source other than me because I didn't answer hardly any the questions that she came to her conclusions about. 51. October 30, 2014, COMPITINCY HEARING, I knew when I got to the court room, it wasn't going to be good. When I walked in Captain Landis from the Sheriff's office and a Sargent and 3 more deputies walked in right behind me and stood in the court room, when normally there are only 2 court deputies. So a Captain and a Sargent and 5 deputies were all stand in there with me. So the judge came in and instead of the bailiff running down the docket, I was called first. I can't even begin to tell this Court just how bad it was. Thank God I brought a friend with me because they had

30 me hand over my service dog. And proceeded to take me into custody. All 5 deputies moved into me so they could take me into custody. This judge remanded me to jail until I could pay bond then, I would be transferred to Summit Behavioral Health Care Hospital for 21 days, or indefinitely if I didn't take the evaluation. My bond was 10,000 cash surety. My family posted bond almost immediately. While I was in jail, I had gotten very sick in booking, and had a seizure, when I came out of my seizure I was laying face down in a holding cell. The cell had blood and urine and feces everywhere, the toilet was clogged up and over flowing onto the floor. When I came to I realized I could hardly move my right arm. One of the girls in the cell with me said I had a seizure and the nurse told the guard I was faking it, so he kicked me and picked me up by one are because I was so limp I couldn't walk. He threw me in the cell and one of my shoes came off, so she said he threw the shoe at me and hit me with it. She said he was calling me a piece of shit and a faker and said I should be ashamed of myself because there are real people with real disabilities in this world and I was nothing but a fucking cunt for faking it. After seeing this deputies after I had come out of my seizure he continued to call me names and was very derogatory to me. It was so cold in the holding cell my body was purple. I finally got to go upstairs for a few hours, but I had sat in the holding area, all day and all night, didn't get to go up to a bed until wee hours in the morning, after getting there at 9:30 a.m.. See (Exhibit 19, 20, 21) 52. October 31, 2014, I was released from jail to go to Summit. On the drive down to the Hospital from Dayton to Cincinnati the transport deputy refused to buckle me in

31 a seat belt and said I don't need one and made me sit all the way in the back of the van, I was the only one in it booked into summit, my clothes were taken from me and I was told I would have to earn them back. I was examined by a doctor first, she was very concerned about my right arm and asked if I would get an x-ray because she was worried the bicep muscle was damaged, it was extremely swollen and black and blue. I asked if they would take picture of it for me, however, they said no they could not do that. The treatment I received at this facility was not much better than the jail. I had to have my daughter contact the American Civil Liberties Union in my behalf, I made them aware of all of my food allergies and was made to eat food that I was allergic to, which I had a reaction to and had to have medication to stop the reactions. I was only given 4 oz of water 3 times a day. Only when this hospital refused to allow me to have my service dog with me did anything happen as far as my evaluation. The ADA was threating if they did not allow me to have my dog, they were going to file a Federal Lawsuit against the Hospital. So they did my evaluation in just a couple of hours and released me on the 11t" day I had spent there. I can't even describe how unbelievable the treatment was that I had to suffer through. It was quite ironic however, that the evaluation I was put through had nothing to do with the MMPI and the MMPI 2, the very tests I refused to take in the first place when all this started. I asked the doctors at the hospital about these tests, and all the doctors said the same thing. Those test were not used to measure competency. So it looked like I was there for nothing, oh besides to try and miss my appeal to.

32 54. When I was placed into this facility I was trying to prepare my appeal to file through the court. If I had to stay in this facility the whole time, I would have missed my appeal, time to file. 55. November 20, 2014, 4:00 p.m. Hearing on the Psychological Evaluation. I was told due to my service dog I could no longer have a public hearing, she said she was taking me off of her docket and that my hearings would be at 4:00 so there was no chance of any disruptions. I said but my dog has done nothing but be a perfect dog, including when this court took me into custody. She said she was not going to take any chances. The judge made a speech and said I was competent to stand trial. She asked me if I wanted legal representation or I wanted to go Pro Se. I asked the new lawyer she had standing there if he was going to help me in my defense and he said yes. I said okay I will use him then. I asked for a copy of both psychological exams. See (exhibits 22, 23, 24) 1 gave J. Allen Wilmes, gave me his card, I gave him my phone number and address, he said he would call me next week. 56. After reading the first Psy exam, I was a little perplexed because all the questions I had answered about the court process, I had answered all the right questions to measure competency. The exact same questions that Summit had asked me. So the big question is, why I was denied my right to due process when this court did not hold a hearing to measure my competency. How did the first exam not answer to the Competency to stand trial? Why were my Civil Rights to Freedom violated? Obviously, this is more reason why this Court needs to hear and make a determination on this case.

33 57. November 25, 2014, a letter from Mr. Wilmes my new attorney sent me a letter, however, the postmark was dated December 10, I called and left a message, but didn't get a call back. See (exhibit 25) 58. December 02, 2014, 4:00 p.m. Scheduling Conference, set dates for trial, the clerk said I would be notified. Mr. Wilmes said he lost my number and my address, and he said he didn't get my messages. 59. January 10, 2014, Letter from Mr. Wilmes, however, the postage was dated January 19, The letter said he cannot locate the address I had given him (in West Miton) He enclosed 2 Motions he filed. Called and left another message for him. Defendant Motion In Limine and Defendant's Motion for Bill of Particulars. Called and, left message. 60. February 5, 2015, Status Conference, I failed to show because I had been sick and had multiple seizures on this day and the next. I left a message for Mr. Wilmes with no return call. It was the weekend so I thought I would call Mr. Wilmes Monday morning. I was starting a new job at Wright Patterson Air Force Base on Monday and had to be there at 8:30 so I was going to start calling him at 9: February 9, 2015, during my process to get my security clearance, I was taken into custody because I had a warrant for Larceny, with a $100, bond with home detention. 62. I was arrested by people I see on a weekly basis, I lost my job that was going to pay me almost an hour also with great medical benefits.

34 63. I sat in jail for 3 days before my attorney came to see me and said well the judge will agree to let you go if you start behaving, No more of this trying to do the law yourself, just let me do my job. He asked me why I didn't show, I explained to him I was sick and was having seizures and he said well let's just keep that between me and you. Just tell the judge you are sorry, you forgot and we move toward the trial. I asked him if she was going to reinstate my bail. He said I don't know, she may reduce it back down to the $10,000.00, so you would just have to get another bond. 64. February 11, 2015, I was brought in front of Judge Wismen at 4:00, she said she would reinstate my bail but I would go home on home detention, I asked for work privileges, she said yes. However, because it was so late in the day, I wouldn't get out until the next day. When I was questioned about my situation from Pre-trial services, they told me I would have no way to have my dog unless I have someone come walk him because I would not be able to leave to do so. Only for work 7:00 a.m. to 5:00 p.m... They sent me back to my floor and didn't come get me until the next day at 3:30 p.m. 65. February 12, 2015, pre-trial services came and got me, said I would be going home with no home detention. And it would be a few hours before I could leave. 66. I had to go to see pre-trial service in Downtown Dayton, I was told to be prepared to "drop" I was not familiar with this statement, so I had to ask her what she meant, she said give urine. I said Okay. 67. When I got to my appointment the work was very scared of my dog so she did my interview in the lobby because she refused to come to the other side of the counter.

35 She this person read my questions and answers out loud with people being in the lobby to hear everything I had to answer. All of my private business, family, relationships, and she reminded me I was to not be in possession of any firearms. I asked her what about my Civil Rights, to bear arms, she said you have no Rights because you committed a crime, I said what about my Rights to privacy, she said you don't get it yet do you, you have no more Rights. I said what about the fact I have to be convicted first, she said that's just a matter of time. This women didn't know me nor my situation to judge me in such a manor. 68. February 03, 2015, Meeting with Mr. Wilmes, we talked about the pre-trial coming up in a few days, he said he filed a couple of papers. And said the prosecutor responded to the Bill of Particulars, and stated he feels he doesn't have to respond to the Bill of Particulars. I asked him how about dates, when I was indicted when it went to Grand Jury, he said that didn't matter. This attorney said they have 6 years to indict me on a Felony Charge. I explained to him they only have one year to investigate this crime he said it will be dismissed so don't plan on going anywhere with that. He said he would raise that issue. I asked him why he had not asked me for a witness list or anything, like evidence or my side or anything. He said because he is no good, this whole meeting is totally unbelievable. I could give you another 6 pages on this meeting, however, it would just be best for you to listen to the recording. Along with the letter, See (Exhibit 26, 27, 28, 29) (Exhibit CD 6)

36 69. February 5, 2015, Final Pre-Trial, my attorney brought up several motion to the court including the time (A)(B)(1) Mr. Wilmes brought up these issues and the judge denied all of my evidence. 70. February 10, 2015, met with Mr. Wilmes, he stated he will bring no witnesses to my side, he will present no evidence to my side. This is also a recording that is totally unbelievable. I could go on and on about how this attorney said he will not fight my case and told me that the judge set the time limits for the trial and that is the way it is going to go, including her choosing the Jury in her Chambers. The States Witness list has the police officer that took my kids, the GAL, and the police officer that was in some of my visitations and the detective that broke so many laws just to try this case and my civil case. See the rest of the (Exhibits 30-38) (CD 7) 71. Now the court has set an ORDER AND ENTRY SETTING TIME LIMITS FOR TRIAL, this judge has so ordered that this trial be done by schedule, down to the very last second. See (Exhibit 39) DR (A) of the Ohio Code of Professional Responsibility prohibits a lawyer form attempting to exonerate himself or herself from liability for personal malpractice. DR (A) A cause of action for legal malpractice is distinct from an action to vacate a criminal judgment based on ineffective assistance of counsel. An action based on ineffective assistance of counsel is not based on Constitutional guarantees and seeks reversal of Criminal conviction.

37 IV. LAVV AND ARGUMENT In order to discourage unreasonable delay in bringing criminal prosecutions, statutes of limitations provide time limits for beginning such actions. These time limits begin to run when the right to take legal action arises or when a crime is committed. In general, the unexcused failure to start a case on time bars a court from hearing the case. On March 05, Statute of limitations for criminal offenses. Ohio Revise Code (A)(1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed: (a) For a felony, six years; (b) For a misdemeanor other than a minor misdemeanor, two years; (c) For a minor misdemeanor, six months. (2) There is no period of limitation forthe prosecution of a violation of section or of the Revised Code.

38 (B)(1) Except as otherwise provided in division (B)(2) of this section, if the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by the aggrieved person's legal representative who is not a party to the offense. The State had no right of claim to bring this case against me because they had full knowledge this case was ripe. When 1 brought this up to the court, (through my attorney Mr. Wilmes) Judge Wiseman said 1 have never heard of such a law, after Mr. Wilmes read it to the court. Then, she simply looked at me and said it doesn't pertain to this case. This is also part of my basis contending this court is lacking jurisdiction to even hear this case. The other reason would be because I was never served with an indictment, this court has to properly serve me. Even though all parties involved had full knowledge of my whereabouts every Thursday at 3:30 p.m. for my supervised visitation with my boys at Montgomery County Children Services. This is the location is where 1 was served with several court hearings notices. State v. Thompson (1994), 97 Ohio App. 3d To preserve the issue for appeal, a speedy trial claim must be raised by motion prior to commencement of trial. Where counsel has failed to do so, defendant must demonstrate a reasonable possibility that the motion would have been sustained, had it been raised, in order to prevail on a claim of ineffective assistance of counsel.

39 "Abuse of discretion does not necessarily imply a willful abuse, or intentional wrong. In a legal sense, discretion is abused whenever, in its exercise, a court exceeds the bounds of reason -- all the circumstances before it being considered." Sharon v. Sharon, 75 Cal. 1 (Caf. 1888) Subject matter jurisdiction. Questions of subject matter jurisdiction are reviewed de novo. Pillow v. Bechtel Const., Inc., 201 F. 3d 1348, 1351 (11th Cir. 2000). Determination that a case is not ripe. Reviewed de novo. Tamiami Partners, Ltd. V. Miccosukee Tribe, 177 F.3d 1212, 1224 (11t" Cir. 2001) State v. Young (1981), 2 Ohio App. 3d Headnote: "The state bears the burden of proving that the time when the crime was committed comes within the appropriate statute of limitations. A five-month investigatory period will not be validated as a reasonable period of time necessary for 'discovery of the offense' of welfare fraud for purposes of the one-year saving provision of R.C (8)" Department had been slow in processing information leading to filing of charges and unless this period could be excluded, time had run. State v. Morris (1984), 20 Ohio App. 3d Headnotes: "(1) A prosecution is not commenced so as to toll the running of the statute of limitations merely by the issuance of a summons or warrant, unless reasonable diligence is exercised to execute the same. (2) Where a summons is sent to the defendant by first class mail and returned as undeliverable, the prosecution has not exercised reasonable diligence to execute the summons within the contemplation of R.C ( E ). The prosecution is required to demonstrate that an effort has been made to serve the summons in a manner provided by Crim. R. 4(D)."

40 Abuse of discretion occurs when a court does not apply the correct law or if it bases its decision on a clearly erroneous finding of a material fact. A court may also abuse its discretion when the record contains no evidence to support its decision. Abuse of discretion is one of the reasons a court of appeals may use to reverse the trial court judgment. State v. Brown (1994), 99 Ohio App. 3d Indictment, successive bills of particulars, and jury instructions shifted somewhat as to specific conduct alleged to have constituted theft in a Medicaid fraud prosecution, Compare majority and dissent analysis of whether nature and identity of the offense was charged, and whether grand jury minutes should have been examined to determine what conduct the grand jury meant to be for indictment. State v. Stepp (1997), 117 Ohio App 3d 561, The State must supply specific dates in a bill of particulars when it possesses such information. The failure to supply known dates is fatal to a prosecution only if the absence of specifics prejudices the accused's ability to fairly defend himself. Subject matter jurisdiction. Questions of subject matter jurisdiction are reviewed de novo. Pillow v. Bechtel Const., Inc., 201 F. 3d 1348, 1351 (11t" Cir. 2000). Determination that a case is not ripe. Reviewed de novo. Tamiami Partners, Ltd. V. Miccosukee Tribe, 177 F.3d 1212, 1224 (11th Cir. 2001) An alternative writ operates as a stay of the judicial or quasi-judicial act sought to be prohibited. Green v. Kubicki, 120 Ohio St.3d 1521, 2009-Ohio-698. "After the time for filing an answer to the complaint or motion to dismiss, the Supreme Court will either dismiss the case or

41 issue an alternative or a peremptory writ, if a writ has not already been issued. St.Ct.Prac.R. X(5). Although this Court "generally wait[s]for a response before rending this determination... under S.Ct.Prac.R. XIV(4), a party may request emergency relief State ex rel. Stern v. Mascio (1998), 81 Ohio St.3d 297,298, 691 N.E.2d 253. It is then a matter of discretion whether a "case merits an expedited determination. " Id. Because criminal prosecutions generally implicate a well-defined constitutional guarantee, criminal discovery is much more focused on automatic disclosure principles, which if found to be violated, will trigger the dismissal of the charges. Office of Disciplinary Counsel v. Greene (1995), 74 Ohio St. 3d Syllabus: "When a lawyer intentionally misrepresents a crucial fact to a court in order to effect a desired result to benefit a party, the lawyer will be suspended from the practice of law in Ohio for an appropriate period of time." Assistant prosecutor misrepresented reason for dismissing traffic ticket issued the wife of a Highway Patrol officer. State v. Walden (1984), 19 Ohio App. 3d Headnote 4: "If the prosecution, prior to or during trial, knows of the existence of exculpatory evidence and fails to provide it to defense counsel despite a request for production of all exculpatory evidence, this prosecutorial misconduct amounts to a denial of due process sufficient to support an R.C petition for relief after judgment." State v. Lang (1995), 102 Ohio App. 3d 243, When the prosecution has failed to disclose a statement of the defendant during discovery, the statement should be excluded if (1)

42 the failure to disclose was wilful, (2) foreknowledge of the statement would have benefited the accused in preparing his defense, or (3) the accused was prejudiced by admission of the statement. Brady v. Maryland (1962), 373 U.S. 83, -- As a part of the defendant's due process right to a fair trial, the prosecution is under an obligation to disclose to the defendant any favorable evidence that is material to either guilt or punishment. Also see Jencks v. United States (1956), 353 U.S For cases on remedies for Brady violations, see United States v. Agurs (1976), 427 U.S. 97; Wagster v. Overberg (6th Cir. 1977), 560 F. 2d 735. Kyles v. Whitley (1995), 514 U.S State's duty to turn over evidence favorable to the defense extends to material which remained hidden in police files, not turned over to the prosecutor. To warrant reversal, evidence withheld must have been material, meaning that it negates guilt or mitigates the crime to the point that there is a reasonable probability that disclosure would have produced a different result. Also see State v. Hesson (1996), 110 Ohio App. 3d 845, "The term as used in the decisions of courts and in the books, implying, in common parlance, a bad motive or wrong purpose, is not the most appropriate. It is really a discretion exercised to an end or purpose not justified by, and clearly against, reason and evidence." Murray v. Buell, 74 Wis. 14 (Wis. 1889) Abuse of discretion occurs when a court does not apply the correct law or if it bases its decision on a clearly erroneous finding of a material fact. A court may also abuse its discretion when the

43 record contains no evidence to support its decision. Abuse of discretion is one of the reasons a court of appeals may use to reverse the trial court judgment. State ex rel. Stern v. Mascio ( 1998), 81 Ohio St. 3d Under the current version of P.C the mere filing of an affidavit of disqualification in the Supreme Court divests a judge of authority to act in a case until the Supreme Court rules upon the affidavit, the only possible exception being to determine a matter which does not affect the substantive rights of the parties. Code Of Conduct For United States Judges Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge's honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code. McMann v. Richardson (1970), 397 U.S. 759, "(l)f the right to counsel guaranteed by the Constitution is to serve its purpose, defendants cannot be left to the mercies of incompetent

44 counsel, and that judges should strive to maintain proper standards of performance by attorneys who are representing defendants in criminal cases in their courts." Strickland v. Washington (1984), 466 U.S. 668, Two part test for determining whether defendant received ineffective assistance of counsel: "First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable." Also see State v. Lytle (1976), 48 Ohio St. 2d 391, ; State v. Johnson (1986), 24 Ohio St. 3d 87; State v. Brooks (1986), 25 Ohio St. 3d 144; State v. Decker ( 1986), 28 Ohio St. 3d 137; State v. Bradley (1989), 42 Ohio St. 3d 136. State v. Smith (1987), 36 Ohio App. 3d 162, A properly licensed attorney is presumed to execute his duties in a competent and ethical manner. State v. King (1995), 104 Ohio App. 3d Whether raised by written motion or in open court, if a defendant questions the effectiveness of assigned counsel, the court must inquire, on the record, into the merits of the complaint. State v. Marinchek (1983), 9 Ohio App. 3d It is the trial court's duty to balance the defendant's right to counsel of his preferential choosing against the public interest in the administration of justice. See 73 A.L.R. 3d 725.

45 State v. Moss, Hrometz, appellant, Stark App. No. 2003CA00218, 2003-Ohio Though the prosecutor may believe a privately filed complaint is without merit, if the complaint is in proper form the complainant is entitled to have probable cause judicially determined. Code Of Conduct For United States Judges Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge's honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. Ajudge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code. McMann v. Richardson (1970), 397 U.S. 759, "(1)f the right to counsel guaranteed by the Constitution is to serve its purpose, defendants cannot be left to the mercies of incompetent counsel, and that judges should strive to maintain proper standards of performance by attorneys who are representing defendants in criminal cases in their courts."

46 Read US v. Lopez and Hagans v. Levine both void because of lack of jurisdiction. In Lopez the circuit court called it right, and in Hagans it had to go to the Supreme court before it was called right, in both cases, void. Challenge jurisdiction and motion to dismiss, right off the bat. If you read the Supreme Court cases you will find that jurisdiction can be challenged at any time and in the case of Lopez it was a jury trial which was declared void for want of jurisdiction. If it [jurisdiction] doesn't exist, it can not justify conviction or judgment....without which power (jurisdiction) the state CANNOT be said to be "sovereign." At best, to proceed would be in "excess" of jurisdiction which is as well fatal to the State's/ USA 's cause. Broom v. Douglas, 75 Ala 268, 57 So 860 the same being jurisdictional facts FATAL to the government's cause ( e.g. see In re FNB, 152 F 64). Federal Rules of Civil Procedure, Rule 60. Relief from Judgment or Order below"once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action." Melo v. US, 505 F2d 1026.A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, , 840 P.2d 553 (1992), rev. denied 252 Kan (1993)."Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150."The law provides that once State and Federal Jurisdiction has been challenged, it must be proven." Main v. Thiboutot, 100 S. Ct ( 1980).

47 "Jurisdiction can be challenged at any time." and "Jurisdiction, once challenged, cannot be assumed and must be decided." Basso v. Utah Power & Light Co., 495 F 2d 906, 910. " Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal." Hill Top Developers v. Holiday Pines Service Corp., 478 So. 2d. 368 (Fla 2nd DCA 1985) "Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical Examiners, 94 Ca 2d P2d 389. "There is no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 215. "The burden shifts to the court to prove jurisdiction." Rosemond v. Lambert, 469 F2d 416. "A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property." Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P "Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term." Dillon v. Dillon, 187 P "A departure by a court from those recognized and established requirements of law, however close apparent adherence to mere form in method of procedure, which has the effect of depriving one of a constitutional right, is an excess of jurisdiction." Wuest v. Wuest, 127 P2d 934, 937. "Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris." Merritt v. Hunter, C.A. Kansas 170 F2d 739.

48 This court lacks jurisdiction, this usually means that the defendant was not served with the legal papers by my rights to due process. State ex rel. Koren v. Grogan (1994), 68 Ohio st. 3d Through appeal might have furnished a remedy had the trial court determined its jurisdiction "a writ of prohibition will issue where there is a patent and unambiguous restriction on the jurisdiction of the court which clearly places the dispute outside the court's jurisdiction." The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to a speedy trial. Consequently, prosecutors cannot wait an inordinate amount of time before filing charges or proceeding with the prosecution after filing charges. To create more precise rules for ensuring a speedy trial, Congress passed the federal Speedy Trial Act, which requires that a trial begin within 70 days of the prosecutor filing the indictment. Due Process requires that criminal defendants receive a fair trial. In high-publicity trials, trial judges have the responsibility to minimize effects of publicity, perhaps by implementing a gag-order on the parties and to eliminate outside influences during the trial. An interesting question of outside influence went to the U.S. Supreme Court in 2007 in Carey v. Musladin, 549 U.S. 70 (2006). After the victim's family wore pictures of the victim on buttons during the trial, the jury convicted Musladin of murder. The Supreme Court overturned the Ninth Circuit's grant of post-conviction habeas relief for a lack of due process because no clear federal rule existed regarding spectator conduct. Due Process further commands that defendants have the right to call their own witnesses, mount their own evidence, and present their own theory of the facts. In order to properly mount a defense, the prosecution must turn over all evidence that will be presented against the defendant and have pre-trial access to depose all of the prosecution's witnesses. Pre-trial would also be the point at which the defense might raise a defense of double jeopardy, if such a defense existed in the particular case. The Fifth Amendment, through the Double Jeopardy

49 Clause prohibits states from charging the same defendant with substantially the same crime on the same facts. V. Conclusion This relator prays upon this court to consider what injustice is being done by this lower court and all the respondents. This Court can unequivocally see that this is not only a case that violates my Constitutional guarantees, but that of the greater good of public interest. Also, this Relator will not receive a fair trial. The lower court is not acting by the laws that governs our great nation, but on a belief of her own set of rules. That is why I am praying upon this Court the grant this Petition for Alternative Writ, Writ of Prohibition or Other Appropriate Relief. This injustice would be to let this court get away with such due regard of the law she took an oath to uphold. This court has already alluded, in a pre-trial hearing said she is going to impose a jail sentence in this case. With this courts prior history of maltreatment, I put nothing past her despite that until this charge, I have been a stellar pillar of the community, being a Police Officer, Emergency Medical Technician. I had my own construction company. I had obtained an amazing opportunity to work at the Wright Patterson Air Base, with great medical benefits. I have not so much as even receiving a ticket on my driver's license. However, I have lost everything trying to fight this case in the almost year that has pasted. To not grant this petition will succeed in this courts

50 attempt to prevent me from bringing my appeal in my civil case with Montgomery County Children Services. Which has been this courts agenda this whole time. This relator prays upon this Court to look at the totality of circumstances and grant this petition and stop this lower court from proceeding on this case. Due to the extraordinary circumstances of this case, I ask the court to allow me to file this petition with more pages than the rule specify.

51 Respectfully submitted, Samantha John Petitioner, Pro Se 75 Woods Drive Apt. 1 West Milton, Ohio (937) Ylnrf--r C:<'t'sst'j t313 i1(! tr<; il lii th: ; i [X di1'#'w 7,1,.,..,.,,, _.,... _...,......, ---.'.. NOtrimrs Herc.K., Mj is t;.m Oiane L. Tiieya,f.. Am' Ftx thw SWO Of ft Mv Gommission Exw--,->e z! 15). g i

52 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Emergency Petition for Writ Of Prohibition and Motion for Stay of Proceedings has been served upon said Judge and Counsel of record listed below. By way of mail or by personal service. Filing with the United States Supreme Court of Ohio on this Friday, March 16, JW4; Samantha Johns 75 Woods Drive Apt.1 West Milton, Ohio fte L Nowypw* Tiieyq (937) isorthe Stateof iu ' urtlmsssion Explres-.Fnf scaie af.., f,e.... C:ocen{y of [v*rqa..._ ( _..,...,... Sulxsor+t>e and swam to (as aftrmed} }7etore rne canrtẖ isjte<iay,......_..,. prrn=ed to rae on the basis of satisfae.tor,, THE HONORABLE MARY L. WISEMAN MONTGOMERY COUNTY COMMON PLEAS COURT 41 N. Perry Street Dayton, Ohio ev{denc.etcs be i3?e Personfs) who appeared before me. WARD BARRENTINE KARINA KOROSTYSHEVSKY HEATHERJANS MATTHEW T. CRAWFORD ASSISTANT PORSECUTING ATTORNEYS Dayton-Montgomery County Courts Bldg.

53 ALYSIA A. GOSS LAW OF PUBLIC DEFENDER 117 S. Main Street, Suite 400 Dayton, Ohio (937) BOBBY JOE COX ATTORNEY AT LAW 130 W. Second Street Suite 800 Dayton, Ohio (937) RICHARD BUTCH BARNES ATTORNEY AT LAW 41 E. Main Street Enon, Ohio (937) J. ALLEN WILMES ATTORNEY AT LAW 7821 N. Dixie Drive Dayton, Ohio (937) Respondents,

54 AFFIDAVIT OF INDIGENCE IN THE SUPREME COURT OF OHIO Affidavit of Indigence. do state herebythat I am without the necessary funds to pay the costs of this action for the following reason(s): [Note: S.Ct.Prac.R requires your affidavit of indigence to state the reason(s) you are unable to pay the docket fees andfor security deposit. Failure to state specific reasons that you are unable to pay will result in your affidavit being rejected for filing by the Clerk.] Pursuant to Rule 3.06, of the Rules of Practice of the Supreme Court of Ohio, I am requesting that the filing fee and secu it deposi,a.if app(, ble, be waived. r-_ Affiant Sworn to, or affirmed, and subscribed in my presence this ' day of 6' -,, 20 ii-s Notary Public My Commission Expires: D11 T[Note: This affidavit must be executed not more than six months prior to being filed in the Supreme Court in order to comply with S.Ct.Prac.R Affidavits not in compliance with that section will be rejected for filing by the Clerk.] L i iiey, Naiuyp*k For tk Sto of ;.;«rnmission Explr",_ DC.c 1; :

55 1 il-

56 c '( + ft wt- IN THE COMMON "c PLEAS,;: ":, x ' '-' e-"9q"s ' +' 'A,2...c sa,.s 1C"n.:. "'p'1. ` `,10 ' A.l STATE OF OHIO vs JOHN DO` CAS= N C : PRAE';9' AND SUEFOE NA Gi ` S IURY {a-i A?-E OF OHIO, COUNTY OF 1r1ONTGOMER'-r`, SS; TO THE CILERK: T f"ie undersigned, PrOsecU}Er1C,. Attorney con behalf of ;h",.--'. -Sf3i2 t.+'?"so, h;i"p bj ejilpea- the issl3a,l:;e of the Ol!Gw1n Subpoena(s)?LJr the herein below named wi}ness1es; to apr,ucf in this Ca+l-1vt cs«the t1nne as?ay fji'i't4: W$ a NS ADDRESSES ct T6 LLfiJ-Fca-\asA T -'E C H 6t.rR E N'S M E d'c'a a,.le N, 6_t, F P, AS',;"O N MANAG EMENT DEPy.IK.cEPEP 0 N E t..,t-{1.l:.'t-.e ti' P,.i-3_'FS OF RECC-)RDa DAYiON. OH 4W4... OF TYPE..e..._ ' UC;sJ' Tt a'i o - Dkt-,'t 3n Ppa -? any d?ia ail itae s..a YE:,> 3 $a"ftrt+.''i9ii e peric3dil oi YOU ARE HEREBY Q,* }' birth to the preseii4 on pr:itier?t, Samuei St3 ingfe14 S. Addrss 51R o rvi9ec. e 45309,,--- BY,P,ELEaSIaGSa5 9i D'.r'8ONTC3 D,'. S''z 0$?'GOP;,AE2.Y'b T.;. lf 5:Rfiy OFFiCc, 3:0 WEST SECOND STREET, DAYa ONa OH (PHON.a,.. PAY.: r YO ILL BE EXC?aSED FROM AT" ="H" y11" RM-41l) JURY H, Azoen. Y'ou are required to be and appear be ore Xhe DA'?TON M O3c a OMERY COU NT COURTS BU9LD6NG, Lower Levei, 30'i West Third Street, Daytvn, Ohio A'-J 7 8w3" A.M. to 1esticy as a witness on behalf of the State of Ohio T1ainfi'sff in the a.bov.-en:iiied cpase` and 'o not pa.,-t from 1;-ie COURT witholit leave 3,arzder pcnalt" OF LAW av,n-7'e'.fac- FL HECK, P9'sp-1cuaEYag Attorney Ta in, i9''a;;'6"sic, ry a''+3i.fe:aj; «'+hiv `' t TO THE SHERIFF OF AMON`GO%ER`' COUNTY, OHIO 8y: RraA E"'i'`.' E M m i-n " n h?e-',l t3'' Assistant Prossewutirla Attorney (937) You are Comil iarlded so SEat"flr7lor': thp, witness(es) whose f"laiie(s) and addrqss(r:'s) a 1- Sei forth above to be and v.. SG's) Zo p." C1.i arlc..it,llt.l 4o ORDER said app..-.a;, be3or'ur-' this Court as lhe `iree Carlf' place ill forth above for said 4fJlli\."s /: nritness(es) NOT depasafdcoaart wiittout leave UNDER ENA1-`i-` OF AVJ., e P1TrESU my 7ard and tne seai of the saiu Cc;ur a Dayton, O";o inin _ O,:x ''._.7(' A : 'REEV'LA;,RY A BRUSH, C:...E-FK P;ionfi6or;nery County Cour; of Cor li-tion Pieas NiKIClO' E, D E?'tJT':'

57 ' ki.!-. '.... { 1 TJk,ION`TMERY CO7'Y CO1I.N PLEAS.'OURT i ' '4t ' ; MONTGOMERY COUNTY, 0O `L. hc OF x I IN RE; lvestigation ORDER AND efurn{?>-11 ENT RY WHEREAS, this matter came before the Court on the motion. of the Mortgomory County u:3er;ff's Office scr an order compeiiinq the fol:o9rrinq business or s:aitity to producm records or more of its customers or subscribers; I. The copany or entity in possession of said recor dstand or information being sow:gb'a is: Chase Bank Custodian of Records Legal i:'s-oca.ss Departnqe:it I Chase Manhattan Plaza New York, Ne-w York 1 00i The records being sought py tain to the eoiaowina account: Bank Records foracco,snt No: Baak Records for AccQubet No: IRi. The pedod focwbich these records ase being.souo t is: Date the account was open through the present. IV. The records being sought are: Aii account hofidaa- information indi.5ding address and aii otghor idorsrq n informatso aa;i' nanries; addresses and phone numbers associated to the account. : o also =a?cruda any int'irm atiun on dates of rrione;y deposits and witta drawismada to the account. WHEREAS, there appeared persosaas9y bafore me oria QE?QTiVL I. KELLAR and svsrorp to the faac"bs set forth in an Afiidavit on iida with the Cou' in this matter. WHEREAS, based upo; s speoitic facts aaicuia;ted to the Cv'ur', in the a.ffidaton.; <e Cotiq'E finds :at ta'-sera are reasonabla grounds to believe that the records andior i nfoz mat:on sought is or are relsvara and ma.fedai toan ongoing investigation of a Violatbon of the Ohio Revised Code. WHEREAS, it is accoordirsgiy ordered and adiudged that Chase Bank sbain produce to Deteutiva' Kellar of the Montgomery County SfiierifPs Office, Dayton, Ohio, the records andcor in ormiatio:ri dps&,b4d above. WHEREAS, it is accordingly ordered and ad;udgod that pursuant te a, afiticxai cdminal io-v : stigation being conducted by the i?aatgoae y Coasato, Ohio Si?ar'is Q, you afe aot to disc9oso a cf this request. Any such disclosure could impede the i ssastiat being cod <ad an d t :b a:aibrceodeazt'of the law. f3 Dated the 23rd day of October, wrtp, g d `- MY hand a4d seag this -. 4, e Si :[.i JI S SdcAA.A!ty CAls. 5 "mrn" V7 4A{4,j, +SP

58 . i. _..,}.... t- `.. ".. {.~.,,. v{ t.3e'... 4 {." C.. g0 t r 'S_.ou Y.FOAd..iA),.1TTER OF T TAN... O'f ;Q!ii?}. O?.r... 'o:rp!zng ; 4e Kee:e: of Redoxcs for C,ase Ba*-,...egai Wo!epaa'i<.ieut, s Chase Marhatcs,.a i'd2j>a, New York-,New 'r3 <a, td rvtease eertain zza?aato the ;'oj?oting acccats: feco;aaa _iio: iu33'73 ;S)9., Aeeoant To '?52075 il i " S TA."I'E i' OHIO, MC3NTGEIO-T-RY COL?N. x' SS: 2 C R A. Before me, the undersigned Judge, personally appeared Detective Isaiah Kelia.r, -v:ao being frs duiy cautioned a.ad sw zmz on oath, deposes atad says: L That in Y.ae City of Brookville, Montgomery County, Obio, the Lz4m.ina.! C.feu,e = rheft as defined by Ohio Revised Code sewiiop, 2913.x 32, has oc,-;4-red. IL That Detective Isaiah a5:ellar recuestw the issuance of a Co-a-, Order FaorupP -li:;.g tnq ref::ase ofeezt.a.in iasformadon speei-5cali;{ listed in paraggrapia n T ofthe Couft Oxr-fer :,r's :is Matter, Tuis inivrmaiiusa is reiewarae and mater.-ai to an ongointr crihinai irriestigayion beir-g conducted by the Montgomery County, t b io Sbe:iTs Ofn-ce. Ill. The iaformation being sought is in the possession or custody of Chase saodkl I (1-:tase Manhattan Plaza, New YorY, New York, i0015e I'V. That the facts upon which the A fiaza,t bases said be;je3.s are: TL-e Afflant is a swo_t'zl, police offi.erwii.h the State c O- hi :bs and is J.'"esenitiy emp.:.oye$7.with fne Mcsuttgoinery County Sheriff s Offiee, assigned tsa the Sp4eiax Invesdgrdons TJdk. `? he Affiant has been a Sworn i'ezt.ee Officer since 1997, aer-;uty Sioer-' -wi-fla Montgomery Cojmt-y Sheriff s O'Lfiee since 2001, and has been adetecfive since 20,08. 'i _e j-4-fdano- has reeekyeci speeiaiized training i.n th;, investigations of Violbn,. al mes, Sev-7aily0nieszied Crimes, iutem e Ciiines againsl Cbiidre.T.jzCAC-IT, CbOd Obscenity an; Exp:a=tador, Undercover Peer 2 Peer invesligatio-as, Forensic Interviewing of Cbiid:een;. Pr,opeAly Cx;,,es aad Narcotics Related.'=es, QnAug-st 27, 20i2, Montgomery Ce-ty ChI;&en Serviees Casewue,-er e- ssa 3 ar received an Ex Parte Court Order frcsrr /Iantgotnerf Ce Juvenile Court for removal of Zachary Stringxeliow, Sainaze Sellor and I1ab.eX,r S<:gfelie=r fro their p;e`s,vf a Stringfellow and Samantha. H&rr'isou-oh-?as; custody at 516 Caleb St, Brookvilie; Ohio, 45309, due to possible medical child abuse. Montgemery County Sheriffs Office Road Flatrog Dep-ataes; Deputr R Brown, Deputy J Caito and Deputy M Williams and BrookviIlv Police Depafament assigltd T6.%ontgeme,z:y7 County Ch-1dren's Serr-3iees w?taa the removal of the Cffld& exi. The h o the residence and placed ontgoine County Childsen. Servyees Custody. Montgomery County Children Services began this investigation after bemg contx-,ved by Dr. Bob Shapiro from Cincinnati Children's Hospitax. 'Dr. Bob Shapiro reported lklonwgomes: u Counly Children's Services that he was made aware of this case after sa,.uei Nose, and Tbioat Specialist; Dr. Choo had entaeted hi: with oe4eem-s about amnuel's, rnoyb:e4. Samantha Harrison-Johns. Dr. Choo repe.-ited Sauaantha -11-janisen-.ohn's was being evasive and aanlraath-fup with his medical practice regarding the medical history and medxeai.tre3tments of Samuel StrineHow_ Dr. Shapiro eon-lac$ed additional medical p-fovide<-s for Sarnue S'Lri.ragfelle within 'Lhe C zelati Cbild.rvja's Hospital Network to inves6gµte Dr. Choo's complaint fuitber. Dr. Shapiro reported atter speaking wrth additional medical p:rovzders for Sainuel Staingfellow he was concerned because the subjecied ruediwall complaints made by Samantha.Hanison-John's were not substantiated by the clinical a-ad -meda dings.

59 A4a'dit'Fotially, azf3a33tia T5,yaSon-ao' hns'las Se k5"33e.'., - - tmwa1+s Wb'--D TeSS mvasie medical treatrner. vere roomxz-acudc'd by the physaclans. Di1I'k'ag'f '3e c/.:i'"5e of tl3e investigation, ogfs Mfianf ei R information s"f had been opened fsu, Chase Ba.ak, Brookvxi;w,,> Ohio, to ass:'l with the meica; for Samv.e1 Stz-,rig$'elicw, under the false Pre-tense 'a nn.'e< vvas diagnos-d with (1F.ch 3F:d-1alEa '1Cq ).uaxc'im--v43pallyy. This A '_fianne jaas also rec eived infsrs'aiz;;n that r'?eioi?s fundraasers have been set up within he MoFtgomu rco:-,,; Oh-do cormrnumkty; for donatz>zm s of medical equipment ne,ded for Saimuua Striu, -How due to hi.s m diwaa diagnoses. FF.i?a.-aciai i11formatic1y& is requested fi7of..". -0he Chase bafsk acc's;.'slits of Sa7 Fli> l Aa'i r3a a-r,d Sa,.. aratha HarTison-JohnS, wb.h may onta,n. th-u do;nadipn;s ma.c.le to Samuel S` ingfexw f-or tie purpast of paying for medical expenses und. z a false medical d?a,"poses. Y R Q FuMrther.th&Affiant saith naught. a.,'' '?'V IV9[`. {A. Eif?-3''t _..-t `?-&.c` /. - Swomtobefoge me and subscifb y-prespn05 - o;: or this.,--r d2..u 3 /'v y 3L f _=> ---'- ` _,f F 4 334SB. Pleas Court

60 .a..,....s..x._. e..

61 MONTGOMERY rf ERIFF# 9,. 330 cxz st Suppierne,rt No ReWwd Date DAYTON O 44:42. PMA? ECR (937)225- vi (937) i'...vvw- ` SAZA'. '9 l. w, :- : ::. :..,.vazs a.c P... `... :,,,.`x<-..72? 'ih.9[i,a.,,..... MOF-MMORY COUN SEERIFF S _ _._..w...,m_...,t._..." y-acm, s2 I,qma. aeai rs -ccc r.i; (-arim s s*. i M,..... _,......_.,,.. _,._...;M."_..,? : 14a9/w g ii2..._ :. ASS'E7' âff'..`. :e3siqs1ctictd'.. MUMI5TIGRTIO25 STIGATIONS... 7L z ;>z,a ez 4c.J7Qs 3qctprosaE 4JatE 'S' ,...,..,_..._..._...",.."...,.,...:,...,..._._...u. r......,..,,.,.m,.,,...:i..---,., ,_ ,,--..».,..-_..-..,...-._.-..,x,...,.., >._. 10/24/201 _ -...i` _ f.-.!.... M,,..,..,.. '3GA '(g SC" ME On October 23, 2012, & met h Montgrmr;,ry QoL7ni; 0 -jmon 'A Cc, Hcno a, N j,ga Saxb:Aa Gcran; to receive approval on a cour'a order for elfinepc a? of wrna;m;a. Hson-Johns and Samuel ipgfei4o,ws bank account isorrnatios thi Chase ank. The bank a;6:>out-c.yeree repc s_'a up for donations to purchase medl equipment for evs m_,ica issues. Honorable Judge Barbara Gorman Pev4we the court.3rlder e nd appro5.&dcsa!;.ed ofs n C)Ctober 23; 2(3 2, 1415 hours. The court order was sent to Chase nk's, poem: ocassrkg; 7610 'M Washington Ist Floor, Indianapolis, In, 46231, to be ed by the begal de,rtimeqn.. Ow.ce, the financial information is received from Chase Ba,> k, proper paperwork w,?.. i1 i fplefed. Status: Pending Detective?, Ke4la; # MLLAR,1SA "W.... s."a1 y28620' 3.9 : 3a Pge 3. a 2. _" _... _...w... _... _

62 \ -fl t1j 3 i...a.n.... I_.

63 Scarraec3 by 8v9cntgcrrteiy Ccui~:ty JFS 4n gei Shepard 12f i1;04;58 A`=A >. ` t` t d LQ f C A S 1q, F cd;. 01 A A r pm If you a re rlot regts+ered to vote wtipr'c you rrvc itow,' ra! ou I;I<e to a a it to v4hcra Yay{ YES, 1Vb ll? I91 ('qt`i4f to vote. [..,!fi J(> not vvd i?ot'gc7'ffirio vcifs; If yoti do iaot clieck a:$lher box, jrita yv;i Jbe coi sidk:rcctd ho.,,r7<doelc#ed.or to rog?sm * ac vole :: Ms,tmm _.,...,.,,.,.,.._... _ omp e'o this secftron fq, you or Por r ljcrscn ffr <v:;cr ya cf rsp,alyfn{. t" 3 K 3 ' sf First Name di a lrltl4sf Dare t o cu f ar r i...- _.... _.._.., ;. 4..=.,G ;3IrlE.:tY a.asfmfrie... _.... : -..f`,......f 9N. _,.YpGn"Ji6{;.3 fc7oi: Aia Srt'ai2%e: I y 2ay Pkl.h _..-=_'t._."..._... _.? i Are you: Do ycta.rvza afay caf t3io 3s dd*wrsnq sa rvlca>u? No Visually is;,ic'?!i} rp.1pfllrlg` L.. 1rUprpr4t9fsr :hli(s i.".gs,j$ ' &'?S `D Hearing dmpairsa Styii i_.afaqus:ga._.... _....._...._ _ ,..._..._.._.._ ,..., te C[3E Cl e YrJ 1 i? ipg 3 tl JIU'I $'pcuaw3g.c dsl, 'oc i;z or Yd ou:ci9i " Ms t I No li es, hog" t U`'ll'tc'f. V. :.., :.....,.. Complele fh3s sec4oon for you or for 2ho persorr, for wrrwm you are app1y[ u -._,... Sts&rsf 'cfress ;? Chack hare If yo>~ aro siumaloss..._._....._,. _. 1 y Cacarfy...,..? Phon e N:srue,... Oesl Time io Cart Add, ona' Phone Ntaar,bDr F"l u,o A d ira: s»._.._-.. _.._...._._.._... _._.._._... _.._ :. _._._... aai3irr ;rass 3IY' ifrµns} S#r ci Address, VY'? _..._.. (-'_...,.._ _....,. _.._.;... _... ; ,..._... _.._ ( w4ry3f.-._... i ZI5 "54do An au9hor1 ad r6presonfayrva is sornaona who ass;si.s r -siicar by compics appu.a4io', n..!r you, iltir'ip us?o.m as an auki<orized rapreseniafivk, plaaso i'a i oir, the ' l1cwina _ _..._.....,...._ _.,.._... _......_ _.. rsl afnslddlu` F;`+.ilai >~>v,ia.'14 S 4 _.._._...m._._..._ :..._ _..._...,... -._L... _.._..._. _.._:._....._ ,.,,._: _....._._.._......:_._...._. Stfti xr".dd;6s5 C 3:y Phone Number... _ _.,..._......_ _......_._.._ i Cousaly e'ade ,... _.._._ r. _,....._... _.,._._......_ iesl T ian a 3Q Calf I ada,-aryal 6or,cr in unb ar rnari =adu_ ss pplicant or Ass tiorpa6d RRpresenfa.ilue ipriny Nan:a # Lafs JFS i'rtiv. i1'20u9; t 5gv ;,?f4

64 PURSUANT TO SUP.R 45(C)(2), THIS DOCUMENT OR PORTIONS OF THIS DOCUMENT ARE NOT AVAII-ABLE 'I'[IROUGHREMOTE ACCESS.

65 , S :an ed by Montom, er y County JFS Angel S?pas C, 2/712cl, 1.115' a AM' i x myans, 6t? year Of 200 or oldor? f Yes No t'c S, {T51hF }d {GStIORa in t7dis St 0,i 3 t j" 7G klf,sg sylt ti7 fpsilt7f' I T k r ks this Ee;s rr{s} receiairi t cisi(ptt 3., `..i' f E1'., 1 }3 - v 4 a t y u.3j....j b n' 7V4....._. If ygs,,rorn what source? --._ Y ts.ctr'a(s) k2r) u;ls? to pre?..<are apals =_SL S} c :3 3Y?;v % j y t, r ;a 3I... you urasv+pls"ed "1"eS tt3 ho ii3si't7a C d 4.atis, u}fi Ehts ;2orSoaT0 ; sjai't tc, I-,scalSze at3od as$6statlct3 separadeiv f 'arn the Otrrer Poopir, aot., live V>, h?!. yss No : _._....a W6t yos., or the people Rn yu, hot,td r'ocef 3 ia.c! n a ffiis mc? l Ees N c.. Inconne refers to aie the money that you and the pea, r:. in your ono rect)sve srlc,!,,, 0nirtg4 from ernployrnsni, cledis}7gtisr.:`lt:dlci3 SuEJ7Qoi, d15i3`uii".jf e)8e7c, 'i)t', ra.,kar i: i11;it }i;(1g(ii&, 1}() k.c.'f;r Jetit,s Senefks, etc. {1PiT;d.aiTiln7r;, C7ct E?.",q,f;11rlt`, SS# = l:.....f. y3as,ptease cnippate the kub e tauiow-!... # M ] f cut anrte 3 c fsc as.0'ua4 I f.._._.,26y.._......_. bt7a3l`r6$' D:$1 u6,'tsr ic4gy7&. _..... _ !... f13.'3pt+:.._. _-..._._.,....J.. f.a d A,;i..,.. hl l J r L... t 3 1, i.,,,..._ Y.3C.U'v,*`,.. _...._..._ _ , _..!...,...._..._....., _ _ _...{,{ I _.._. _.-._._......,...._..._.._....,. -.. _ -....: _ -...._... i...._.. _..... I..,[ ,_.... r i..,...: _... OV+lr7Iuch du you 'u,dl,d the people itt YOCtr hofs's.i s"?arre iri cas t ' c :r.: h, n 4e St;t r..`. ls : "b.. v C as bstts '?:.ar Urs$t.Sdtr$.sj SloGks Crb o,5 t G1ve your b$si ast s nate ofttte,oln! S -'. - T._.., _... -._`."_..'._,Jici ar'i;.tt;.da''..._..,... FI, 41'i'ir lari?s lc2ive a io.l or :{ Sa u`,wx' 4'Tin Y e s.s..,! i L3s utu e a _..,. 11 VeS, who? Yvt?rtrs'.sCfi? _. (S as'l"yftitl2 irl VCt.BE` ho;pe oil st If y+"s, wp?o;' o 4i; a Ye._ _ - lgutx o K J M _ s.k,,y'...`. 1Tich experaaes do yr ar-d t}e. ; tivt, ri"ui.,'ak r ita BXl3s t3ck s isi i178 ft tl4;i% ior dact _...._._:......_--.._......_._... _.._...,._..,.... _...,._,... c- { {. j,i q 3 /44,!. Ti"i 8 C ''>.+ Na'3.! a i! ke l63 or other,.:eiait.wzi CfiCa) Estimated arncrrt paid per nt;n rh: $ C8 }TIp YYtdat cll care costs, C2rrt8Gi }t4u" local t...d?fs i43.pl ch.!ḷd_.ca;e t._...,....,...._.. _ u;pp! _. Cit.ldispoLrsallrnodir.at support EsP;eTiatec# amaunt paid ;:er month: $ irrmed(ccl ig?$p?i1ses ff? tat?ia0?s a'.s a b l eba or u, O fdpr. TEz..ce a GS fypc-r`asxv5 SulCh as a71saagh bills, prescriptions, P;ealth tsssurance p, eniiurfls, or ctrta. meoicai se;iccs, i?c.,o, ;n r!r<de any,1,ad;c.:l you s;,;pf,,.,r; enkeref in Bhe check box above, stiraatec arn nt paid per r lasyr pa,ments _.._......_._..._..._._._.. _.., _. _... L'O Rerit / Wt rt-tgae e paynierais - _ ; Estimated amount paid per morti:: S _.. lt 4 iia.es p -jas y. -.._.... f..._...,_._._... _ cnegk ;haueliltles yol, pay mr be:aw Do you pay for heaf3r,.g andpor w air corxciiiican:ng? sept ar,k r:v, er,..,, JFS 0'20C (r.t 4' '. v JEr 3 OI 4

66 Scanned by iv,ortgr rrsery Coun'tvJFS Angei Shepard 12:7/ U5;ṡ3 ANA t By signing thiis app,caflon, 1 uf3der5tapid the C{uesllQrt`i orj 'ti31s fo,,`'1 and certify, ta7ut.:l I<eP:p Q! 3cit!ty, t.l s, :R,a o. i.o :.eam s azl> CGrrsrri and complete to ih,. best Of; 4ykliC}weQ0 ltlclla"og 2.n,iCtm<Nt11 ko,<k siew d44 e! aey..i'r7.s'tn smw.'', of c:rgh hgu.aetlqic. mernr`aer appiyingfor assistance, i sia[eame: penalty o#per;ury hava Msdamd exl! un".;::s and o.her,,.ftar Einonmai f9svi::s in Wiwh { andlgd i?3y spc;asa have any inteast.!i?1d $`M-u'slC and "ugl'c?e to pfuillta',', dl1f;i11i1.'3r is ';C have EJnCfusmnC1 a.ro''s`.sreegt1elt ML ±F'C"aji S nu'y'ocmag't $I., a? `CGssE4fV p'ju`! of my P-ligibit_Py and level of assistance, I ui:qey`$ts'i. t2d that by s2y?gilftu this ap3::licpitiilii allfa i c:cc`.v.,: ;(,3hii1 WiC3 f'ifs i, e a93i assw.'1#ng to t,il? E`s3;C', ui 4.Jhlt`3 i,s[?y fl;i?1's to,hiiesf7o136a.( SUppQrf tflot is owed :G ::1f3 i1{"t`t?, ifk?'t tiilnd)r Ci1f[(i:"{,''I;!(1 iilc'. Assma?'Me g:ul1g d(amg Stli; Oltitk V'a'ork;sFirsf eeiaibi4s't f period. tjrders$arydttla$ i3}1 SdCy`37?flg Mlf. saj:=,piicil'".!c}i1 and rec V 1!y Mf?ii1C ili{, ( iaia?*ss,ariri,. ia ii1'.. State of r3h3q any rights to, r,ledicai SUppari and any rlhts to,a aymeiiis by a 1iaWs f lsrci p=;'iy for medical issis{x+r7ce owe;; tc F; c dndl7r to ;;;e Iili'rfm f'.hlwmn fi? thex.ss6stan CG a,'muij during the?!l.giii6itty pei3' +d. I ucide+`'barld that 1 r7'.+r,y i3e reqilired iw c(ic'pe.a,t;?i!;; tk t:t'isid SLipj;t;n o!+ff}d'cs.rt1o; ncy i7;?t! 's}?tf:ck 7 iei??iy or eszabifsi71ng or enforcing a sliplj11 order. `i. a?, i':nqdc u M cofape;me 1M$f' d?ie. :: n >..ipp2a?i eti"o â'c rne6s1 agency, a m&prm,'eii bg' sud3t,lt$edtp U,eaf4.nyof3 m}+` k'}etl:'if dit3u Lls} "3; arl i?x., 1,., ' lti... K 7J7,''a tc7 C2G 2+',[? filftrl the child support enm:cz.ner;t ac,zenuy f:nay reques! abd supaar's smns es byfo. a ati,g th: JFS "App18catiDfi for Child ;aupport Se;vices." I UtB..'rstir$1d that f sci1+: Bi7s'ia7(eCEt ma; be isswc; t,;!' r +t.?isd:1'1% i.'.? the L,i,lJi"a`. to tr.ax' vaa%?'`uev/'.i GoCloC.t'.a af6'' necessary to determine my :..:.._..._.....:..._..._.,._..._....._..._...,..._._..._ f _..._......,..., _......,..._..,: f +..f mr"b a ft # v s+', _...,,.... _.._._..... _. _. _... _ ti _._! f F 3'{ 'LX 3. ', ry ` 1 Y.`...,..., i.,...,, ra?y.,...,,... F?C9eraI Ia+Jv'a.kldth? puf(cit.s of ;ele U.S. 0 r`.p a ra?e ni: o /tg r, ilire (li `Dt'k}, the! k.s i (' >Ttt C?f ' ' e0lwi and idk,ill?aft Services HHS}, the (i`i:f0 Department C5i, or aic?ci Fari:,;y' Se,.lCes (f}ons) arfdeia_,. Gp?rfia?P,rlt of Job tx d'al3iliy Services {i DJFS) say that M!e must rt3i uibcr iirlfi;ale +n tt1e uasis of m&z, vcz Cq nai.,n,.i o;?glii, sex, age, or disability. USy4eqf't}'.e Food and n,'idtriti0fl Act and USDA p[)kyi, c7!_ dr?e.ri 7.;p!i is pr{1i~b2d?,.>v on le bmic Of s"e"stt',jim or pc7e%a1 be68':s. --, t t3, r a "''...._ : disrarr;rat,o......_._ R curn.. ar, kt. car... s S.. U..:. _..._.... _ _ t _. wrdta' or Call: IVrUs or Ca,1. 'ftx, t,o or CaT USDA j H H, 0DJF8 Director, 0`:,rce of Civil Rsghts Ra&n, V, 'r'.r::e of Qv7's f<;;ghls bu 'eas of CRi QV Room 3264V, kjut~ st'ten Building! 233 N iv' ch q-. : c :ve Suite r Bic zd sr., yts Faoer 1400 Independence,rti.verGe, S.W. ch!cagn lekn0js a0;cf' Cow, nb_s Oki u"'eshingian, D.C. -,k 10 t t;,r3g8 2;59,vi. (614) 6a4 2t a3 lvlcay `I,, t?.s.0-5e.} 4 ('dq1o tr a n d `v! TDE7) 7 a<21 92r l!f' w ,,...;.y r. ;, V ;ecat,t, Z («0n. rjs Yk.1 fir:..', r I (312) t04t y'eax)...,_..._......_.._._.._._ _..._._ _._l..._...._.-..._ , Uc.'.',DA, HH,.'+., <z[7uovj F-S ȧ..(e wr:.aij:;i op.7por's.if3lhy i..r.i?fi/s.ers ap,d errijriovf'rs..lfs (3tiev I 1J1Cu7ts-) 5'E;.u U( 4 j'".

67 Scanned by Mcntgar;7eqa Ccau, iffis Jan Shaw "1s` s 5,`w :52:55 PM _ _._...-., , ,. _ r ,,.. 1:t,.` i; ti f, _ _..._---'--... _..._..._. _.._ _...._......_..,._ -....,,..._ sa}1 tis :. _., s L' t_= (i:, }+;i;. t,t!;ht lallt!ir tcr'tsict In,tU... P. p[3t! t}9 i&ut c'l41 C F1:d` E»1S, i?r i at1 d4t' it 3&4,.t,.ctE4; fo a.; $(I- Pi2' W Fs+. +t BrFt`+.ER33a. _,_._..._. -..., :._, _.. _. _..._ , _:.._ , ±t"si,'.. 4e, i.;hip-1 ;., Ij4.. (._."5 AND.$ki) I_,._..._..,.._...,._ , i:1s: :.t:1v 4 5:i7c24l1S? _ _,,_.. _,l {RtdtiEK 1 "s 20s }8 Y Ja F'SJ! t'.,...,..,...:.....,_, _,.._, f E'j'. ; &'ei$4id,' ebfst El.lt'at n'e s}5` r Fa' ss3''d3 e}ts a5 dj6. s1ay lakkt_'ss t 9:.,...._...,. _:... _..._..._.._.,....:.. t t uu fatf<ik }YttinL,m9.,tst itiasa ' ' F e;, R15..h. 1 51,16 CP,LeE DK _,_.. _... j......:......_._.._.._... S.)tj`Oata /,I, l :,,Cc....., 71t 1,.i,ac E 3RQCKV1LLE ibi(lt'i3:. P.. F....- i 9 C"M ;..._.._..., t ty,......_._.._ : e5 esc'attb9tetjc <!i,l+e's Yntdf' CId4..SiS 1iL- i4i,1. s( 4i'ji:a } i*aft':'!t.,-.> Z't): 1.. iiltl}'rdse 'td'.' }?1 3.1jtf43e, t..,r,;9.. it tl: ;t. _`. tili?ittitli tt, Nr;7C;it VI_'71, stiue 7c'dtlF2} 10 AilG2 (tt Ol.<tMO7.5 Ut 1::", I(UOOYC'1 f!mctt,9).ti.0c.m,;.,di:jcfot. lni,,.'.kt I. it' ls7c::l a4sta.,tiil 1(li t?fil', i 1i, : u t,.f 7-.+i'c.u,-)?caliti'i )ta! 1St..i.'.S U.- :+P.,;)tt' I.t sr,t(ss3ts 4.UI: +48h;ctv a1,tyit, d:4billf7ilc (ir lifi?'ctt 1' <fief<>ti;(,i tllcli t,,t: h, t;;c:1a:1'71tt; IStti ty,i7s; ;titl Hti tiil:,eftt(t E3It,>c,-,,. ufet. +..`Ui c...f llitjst; i}llc1'ilitay ltflt iat iibce E;> i1pd;ru Y,1[.'t.adM.:iJtt,kl `..lt;.t.. ; '4di FE:.'fCJE,7; Y!....: fdt :ita ctnissstnfif uitie'c:etfr a,sk!'r;etii,,.u r.f;ia}. :I;t. : i7 ;a,t,,a:., t,;i ilfc t',: +t_.,.. IS.:ai :t?,., :. m ;uaci :isti3( c f' to flyc- f'us( OI Firi { l3oiipc clge Ft?c h-f6_2g 11;1{;, =it,.tln t, Wun ll.. N,.<ti,l:*!.],F,,.thr.rtmckn toa'ii at,ul..t 8u]:? :at;ct r>,r.t,iq}ry R:,t az:.t:,:;tucc 1 Uf;ci4'fma11{{ ;Ipt at14: EG, f ttt: td{t a9 d', i73::cptttn?[i Jit;9:Ic: :Ei'.jItf i24 lfiiiu, tutc - i ` a E}11tW 7..!_1.4 [i37.{ lilf 4C C(t;Ff StC t'a.fct`,!w.i: ialc'!il 'i".ul: aip. st:";i1e.,.:m : 77;i7 :i i IIY,_, li6 h...,ifi'i )) C'f:i:j ;f' 1 UCS'.dillila(;nI11 iry t917tt4s.41 i:4: 1lt;C.:;tiY, )t:ir1 cij I::F >illftiv ii, )C., l' Ui.tal_F71:; ( utca;af;ftti c;i:fl>glaf)'. C;2:CiCa a Ci1p; tt}',,nlci I li,ti c' {'c 'rej. 1)iY fyy)t ; am?"yl11ti;h 1<flc> 0}'S ap1ci! fllat'pcy7il,"siiej tizls;d 1 o?g1c.'. Iix stlmr d111' } j Ur7c7>`!\IC1Ci uftil[ :, i;a.ro..;i:7au1 `A11 1;4 Lu#7titt c':f 1llti:u,t( c. lc Fit '1TCa:, c,cllc:, 1.:3k1s`.:d _ -.--_..-..._,._.._.. '. t.cts....,....,..... _..._ ,._.,._ 9cC{: tl. ",}bc'2'1}ffli. Cf?E3Ft} t.is:kc! Sar ' r.. s bl,.._...,,._.._._.-.,v,- <."?.E E F'j ;.... _ -....i,...., ,6._, -- {,....,, i _..;;. :"....- ".-.:,:_...;.....,, ;' _ Y -. _...ifti tftstg 24Y1s1 ii

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69 2014 CR' STATE O ONC} -Ma_. F, S'..... _ Sr'urs849n U DOBs 12-SEP ArresL 2at2: 05-JUN ,Ea:_ M ARY U+?3SEfU:AN csrbs@ats: e Dli-: Oefend _» - -_- M Ss:?AAt`3THA,t-.?iRRf3C?a rap&u=g 52'a.aaa: 516 CALEB ; R.BRCOKb?LLEt'-t-I Pvosect;car: t~icarf?e R ivot DisQdaysci F@ie Date:09-,AN-14 Sta?aas: OPEN THEFT ($1000 But Less f har $7,500) (By Gviceationj 3

70 AA _ r _.

71 _......',..`l:.i. v'.s,... '...',i;;; l..,.j dc ama'i`.r N JANS 00844'70L4 IN THE COMMON PLEAS CO' OF t GOM. COUNTY3 CRIMINAL.I"VTON STATE OF OHIO CASE NO CR P ' tiff VSm JUDGE MARY IM%E.AN SAMANTHA HARRISON SUMMONS TO APPEAR ON INDICTED CH.. Defendant Surnmons is hereby issm', iri accordance with criminal rale 4 yd) :?dv?siil-9 SAMANTHA HA SON 516 CALEB DR. BROOKVILLE, OH THAT SAMANTHA HARRISON has been andicte; by the Grand Ju of Moritgo:srry County and that the person amed in the indictment is i:erlby ordered to pel*sona.lay appear at 8:30 A.M. on. MAY 15, 2014 before a Presiding Judge of the Pontgor County Common Pleas Cu-uy'c, Coa:mra m A THYRD FLOOR, 41 North Pe,= Street, Dayton, Ohio, and that FAILURE TO AI'PEr.I WILL RESI_,T1:1- IN A WARRANT FOR ARREST, FORFEITURE OF BOUND,. IF ANY, OR ADDDI`I'IONAL CRIMINAI, CHARGES FOR. FAILURE TO APPEAR UNDER :e--t3n , Os;.io Revised Code. I er tify tiiat the attached indictrnent is a true copy ofthe original indictment or file in this officm. You have the right to an attorney. If you are unable to hire an att rney; fl the Montgomery <ounty Pu.b ender s O x at between the hours of 9.00 amnr and 4.00 pame t e,-i if you qa for attorney services at no cost to voue I' AS'E I?'RING THIS INDICTMENT TO COT-aT WITH YOU. A. Brush, Pleas Clerk of urts Montgomery County, Ohio By: /s/ Gr h Clerk of Couq I xecut. ihis Surn-m ns by maiiiiig a copy oi'the within Lndictmes-it to t,b.e defendant(s) herein by CERTIFIED MAIL.

72 ,..a...,.d..., '- I. )

73 MDNTGOMERY COUNTY DEPT. OF JOB AlY.I} FAMILY SERVICES Participation Ability Request Farrn - ff'm-imary Caregiver --- { - -_ - --"- t -t'afz: rt efa#oresz W.Id 1 r 53Z6,$v., _ - _-_ , _..-- _ lt is our goal to assist the MCDJFS client named above in preparing for his/her transition from welfare to work. This client states that he/she must serve as the primary caregiver for the patient named above and is therefore unable to participate as required. Please give careful consideration in completing this form. The information that you provide will be used to determine activities this client may be able to parlicipate in and duties he/sh.e may be able to perform, even if there are some limitations. My signature below authorizes the release of medical data to the Montgomery County Dept. of Job and Family Services. Patient if 18 years old): Medical Practitioner please comnlete the items below ty1;}ockeodral ttiseas CmELAS -CQr,n,1a K" rc y r ix seclze Pat3entDlagnosis:kyrN e,n+:%.cl, 3leedrnt:,strdr; r,nrrl+c liserde.r (c ysf r-- ntolrt Aorke roci, rc`c:c}c t 1.n4-9,rvcLlsYndrone' l_cc.k;c A c 'i c4os,5, 1. Does the Patient-require a relative to provide medically necessary, fufl-time care? q No. Yes. If yes, name of caregiver. Comments: 2. Does carang for the patient prevent caregiver from participating in the followzng: working, volunteering, training or attending school? q No. es. If yes, plese za cate anset o ilit3 a ad foihat long f` participate ui tdie abc3ve actsvittes ill last: QnsetjV - Dnration: If patient is :under the age_ of 6, can the patient attend a cliilldcare facaiiiy for af least 20 hours per week? 0 No. Unable to attend months from this date q Yes. V N/A Practitioner Name (please print) Physician Signature Phone Ciiy 1?Gc.lf 1f'I State 8_ Zip Code Please retwn this form to no later than or ]b}- mail. 113onfgomen w,937) *f Cotan#t= Dep#, of Job andfhruitt sens-5ces 1 I I1 S. Fchs in C Moses -ton, Bh tl QIl~ MCDJFS Rev. 9/ " '-,i-' ff. ':.Pj 25 " 2 Ul

IN THE SUPREME COURT FOR THE STATE OF OHIO

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