Journalist Kathy Wray Coleman

Posted February 28, 2011

CLEVELAND, Ohio-For those of you new to the www.kathywraycolemanonlinenewsblog.com and Cleveland Urban News.Com below is a copy of an article published on the blog last year that shows the extent of corruption of pint size Cuyahoga County Court of Common Pleas Judge Timothy McGinty, famous as a source of information of private records of Black defendants to the Cleveland Plain Dealer and for issuing illegal orders to send Black men to prison for allegedly violating probation when the probation period was up, a state appellate court ruled. Just recently he is famous for putting Cleveland NAACP Executive Director Stanley Miller as the Cuyahoga Grand Jury foreman to indict Black women like Rebecca Whitby on felony charges of assaulting police for being called nigger by Cleveland police and beat up, testimony reveals, and then directing Miller to block access by the Whitby family and other Blacks to the Cleveland NAACP executive committee relative to judicial harssment and police misconduct.

I won an appeal against Myrna R. Gill as to a malicious prosecution that I was subjected to where I filed a lawsuit after being exonerated of a bogus criminal charge of telecommunications harassment in Shaker Hts Municipal Court brought by the City of Beachwood after I would not agree to be quiet. McGinty had dismissed the civil case, and when it was reinstated he dismissed it again when only a summary judgement motion was filed that had no merit. He then ordered me to to pay Gill's legal fees for Gill having lost the appeal because she is White and he is corrupt and angry about being short. When I complained to the FBI about McGinty they said "what is he doing now?"

Those who are lawyers can read the affidavit of prejudice below and I am being harassed by judges for filing it, including Cleveland Judge McLaughlin-Murray, who is promised an endorsement to keep her seat for it. Do not vote on this corrupt woman to further hurt the Black community.

McGinty threatened me in his office and was the one that set up the jailing of me in 2008 where I was held naked in the county jail for four days, harassed over my exposure of corrupt judges, Shaker Hts housing racism against Blacks and Cleveland Clinic impropriety via articles written by me and published in the Call and Post Newspaper, and then released without charges with the help of Attorney Sara Harper.

The Ohio Eighth District Court of Appeals now has a group of corrupt judges, which include Kathleen Ann Keough, and believe me fair play and the Black community are in trouble. Judges Ann Dyke and Christine McMonagle, both of whom retired last year, are a loss to that court and people can only pray that they get Judges Melody Stewart and Patricia Ann Blackmon and not corrupt Judge Keough and two of her friends on the three-judge panel relative to the filing of an appeal in that court, which serves Cuyahoga County and hears, among other issues, appeals from the Cuyahoga County Court of Common Pleas, including criminal appeals.

How could the Cleveland NAACP have anything to do with a bum like Judge McGinty and if Blacks and Whites like attorney Robert DeMarco keep harassing Cleveland Judge Angela Stokes while giving corrupt White judges like Keough, McGinty and McLaughlin-Murray a free pass for corruption, I think I will throw up (Note: DeMarco told Tina Bronaugh via email, whose daughter he is representing (Destini Bronaugh), that Judge McLaughlin-Murray is better than Stokes and that Stokes would be worse, a statement we believe is racist since he said also that he does not know McLaughlin-Murray, other than that she is White. Destini Bronaugh is being maliciously prosecuted by Cleveland Mayor Frank Jackson through his appointed law director Robert Trizozzi for a peaceful student protest at Collinwood High Shool last year and DeMarco is attempting to aid the prosecution against his client, a common place activity for area lawyers. He also sanctioned judicial and poliical corruption by Lyndhurst officials in response to my complaint there, where he was the special prosecutor). Kathy Wray Coleman, the Imperial Women

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From the Metro Desk of the DeterminerWeekly.Com and the Kathy Wray Coleman Online News Blog.Com (www.kathywraycolemanonlinenewsblog.com and www.determinerweekly.com)

(The below article was published originally on June 1, 2010 and is republished due to McGinty's heightened corruption as a judge and the danger of this crazy man to the fair administration of justice and to the Black community. He is protected through his malfeasance because he is White, male, and has connections with the Cuyahoga County Democratic Party, whose elected officials are in high numbers under investigation by the FBI)

An affidavit of prejudice was filed on June 2 with Ohio Supreme Court Chief Justice Eric Brown seeking the immediate removal of controversial Cuyahoga County Court of Common Pleas Judge Timothy McGinty from a case as to a lawsuit alleging malicious prosecution of a Cleveland area Black female journalist who says the judge had her illegally jailed in the Cuyahoga County jail in 2008 without jurisdiction or any other authority for the purpose of assisting the powerful entities and all White defendants in the lawsuit.

Journalist Kathy Wray Coleman holds no punches in moving for McGinty's removal where he is presiding over a lawsuit that he threw out in 2008 that was reinstated last year by the Ohio Eighth District Court of Appeals against Retired Beachwood business woman Myrna R. Gill. The suit alleges malicious prosecution, abuse of process and intentional infliction of emotional distress and was originally filed against the municipalities of Shaker Hts. and Beachwood, its law director Margaret Ann Cannon, Gill, and others. Only Gill survived the suit on appeal though Coleman says that since all of them are in it together one culprit is representative of the downfall of the whole bunch.

"I had no choice but to sue for statutory and other wrongs regarding malicious prosecution and otherwise after in 2005 a Shaker Hts jury found me not guilty after deliberating under an hour on a bogus misdemeanor charge of telecommunications harassment brought by the City of Beachwood after Gill urged me to call for documents and then had me prosecuted for a series of articles in the Call and Post Newspaper as to alleged housing discrimination against Blacks by Shaker Hts. officials," said Coleman "We call on Ohio's high court to give the affidavit of prejudice against Judge McGinty the same consideration that it gave when last month Black Cuyahoga Judge Shirley Strickland Saffold was removed from the Anthony Sowell capital murder case following the filing of an affidavit of prejudice by Sowell's attorneys. Since Judge McGinty is White, male, corrupt and a source to the Cleveland Plain Dealer as to data on his judicial colleagues and Black defendants that come before him, we urge the Black community to pay close attention to what might be a double standard if he is allowed to remain on the case in spite of obvious prejudice."

Coleman's unprecedented affidavit of prejudice is reprinted below as follows:

IN THE OHIO SUPREME COURT

IN RE: DISQUALIFICATION OF CUYAHOGA

COUNTY COURT OF COMMON PLEAS

JUDGE TIMOTHY MCGINTY

KATHY W. COLEMAN'S AFFIDAVIT OF

DISQUALIFICATION OF CUYAHOGA

COUNTY COURT OF COMMON PLEAS

JUDGE TIMOTHY MCGINTY PER

R.C. 2701.03

For her Affidavit of Disqualification of the Honorable Cuyahoga County

Court of Common Pleas Judge Timothy McGinty per R.C. 2701.03 Affiant Kathy W.

Coleman, a plaintiff in the above captioned civil matter now pending before

Cuyahoga County Court of Common Pleas Judge Timothy McGinty, hereinafter

“Respondent,” “Respondent McGinty,” “Respondent Judge McGinty” or “Judge McGinty,”

having been duly sworn and cautioned according to law, does hereby depose and state

that:

1) Affiant Kathy W. Coleman, hereinafter “Affiant,” “Affiant Kathy Coleman,”

“Affiant Coleman,” or “Coleman,” is a Black female currently residing in University Heights, Cuyahoga County, Oh. A former Cleveland area biology teacher of 15 years who has completed all coursework and other requirements but a dissertation as to a doctorate at the University of Akron, she has been a journalist of 16 years with articles from 1993 appearing in the Call and Post Newspaper, Ohio's Black press with distributions in Cleveland, Columbus and Cincinnatm she is now editor of the online news venues the DeterminerWeekly.Com and the Kathy Wray Coleman Online News Blog and Media Network. Additionally, Affiant is a community activist who routinely fights against injustices, particularly as to Cleveland's school children and its Black community.

2) Affiant has direct knowledge of the matters set forth herein accept as indicated infra. She is the plaintiff relative to the above captioned civil matter now pending before Respondent McGinty and styled Coleman vs. City of Beachwood et.al. Cuyahoga Case No. CV 08 653392. The next hearing before Respondent McGinty is a final pretrial on August 11, 2010 at 3 pm.

3) Affiant initiated her cause of action before Respondent McGinty on or about October 28, 2006, Case No. 605789. The complaint names the defendants as Myrna R. Gill, the municipalities of Shaker Hts. And Beachwood, Oh, Beachwood and Shaker Hts Law Director Margaret Anne Cannon, Beachwood Prosecutor Thomas Greve and Beachwood Detective Allan Baumgartner. The suit alleges, among other claims, intentional infliction of emotional distress, abuse of process, and malicious prosecution around a prosecution pursued by the City of Beachwood in the Shaker Hts. Municipal Court in 2005 that was in retaliation for a host of articles written by Affiant and published by the Cleveland Call and Post Newspaper as to alleged housing discrimination against Blacks by Cannon and other Shaker Hts. officials. One article in particular quotes the Rev. Sean Tucker, who was ordained and trained under the Rev. Dr. Marvin McMickle, a Princeton University graduate, Shaker Hts. resident,former Cleveland NAACP president, and long time pastor of the prestigious Antioch Baptist Church in Cleveland. Tucker said in the article in question that he and his family were harassed by Shaker Hts officials in an effort to steal an apartment complex that he would not sale under fair market value to the City of Shaker Hts for economic development purposes. He is quoted in the Call and Post as saying that the alleged mistreatment was commensurate to the Hollywood movie "Rosewood" where a Black town is raided by racist bigots and Blacks are killed and their bodies thrown into a dirt pit. Though Shaker officials ultimately settled the housing dispute with Tucker with a fair market buy of the apartment complex at issue following Call and Post articles and protests by grassroots factions at Shaker Hts City Council meetings, Cannon had it in for Coleman and orchestrated the malicious prosecution undertaken in 2005. A diverse Shaker Hts jury, however, found her not guilty of a misdemeanor charge of telecommunications harassment in October of that year. See City of Beachwood vs. Kathy W. Coleman, Case No. 05 CRB00201). That criminal charge came after Gill lied to police and city prosecutors per their request saying the journalist called her three times in Nov. 2003 after she allegedly told her not to and after their business relationship had dissolved. Though Cleveland Attorney Terry Gilbert,who was paid by Coleman to represent her in the criminal case, gave prosecutors copies of documents written by Gill showing that she and Coleman had met at least eight times in 2004 and advised that there was no evidence that Gill told her not to call the prosecution went forward anyway. And , after Call and Post officials advised that she reject an illegal demand by Shaker Hts and Beachwood city officials that she agree not to sue for illegal wrongs and to stop writing on race issues in exchange for dismissal of the malicious and bogus criminal charge.

4) The original lawsuit before Respondent McGinty was voluntarily dismissed without prejudice in 2007 for subsequent refiling after Respondent McGinty refused a 30 day extension, in spite of several extensions to the White male attorneys representing the defendants in the case, to file a more definite statement where Affiant's mother(Dr. Gertrude Coleman) had just died and her father (Dr. James M Coleman) had a stroke. In fact, Affiant Coleman was in her home town of Louisville, Ky. to help care for her father and when the case was voluntarily dismissed no discovery had commenced by any of the parties.

5) Affiant refiled the lawsuit on or about March 9, 2008 and Respondent McGinty subsequently held a case management conference off the record and in his chambers where he repeatedly harassed Affiant. (Case No. CV 08 653392). Specifically, the former assistant county prosecutor chastised Affiant for proceeding pro se and became irate when Affiant questioned how the White male attorneys representing the defendants in the case before him could easily get a continuance but that she as a pro se Black woman plaintiff could not? He responded saying that “a client that represents him or herself has a fool for an attorney.” The judge showed out the entire case management conference harassing Affiant for filing the claim of malicious prosecution since he is a former prosecutor who routinely prosecuted Blacks without question and has been accused of impropriety in that role and as a judge, the latter relative to being a source to Cleveland's Plain Dealer Newspaper where he released alleged serial killer Anthony Sowell's private mental health records to the anger of his attorney, Rufus Sims, a local Black attorney.

6) In retaliation for the litigation before Respondent McGinty,a misdemeanor charge was brought in Lyndhurst Municipal Court because Cannon was represented by the law firm of Lyndhurst Municipal Prosecutor Vince Feudo (Nicola, Gudbranson & Cooper). After Lyndhurst Municipal Court Judge Mary Kaye Bozza harassed Affiant at the arraignment and personally sent police to Affiant Coleman's home where they could not get in she recused herself and Visiting Judge Gustalo Nunez was assigned. Affiant then filed affidavits of prejudice against these judges and a petition for a writ of prohibition relative to the assignment of Nunez. Hence, Nunez issued an order for Affiant to be arrested and put in a mental institution in retaliation and lied and said Affiant failed to appear for a June 20, 2008 pretrial without counsel, though no notice was given and no online case docket existed at that time. He subsequently withdrew the illegal no- due process- and no-referral from-a mental health professional-as required by law mental institution demand though Affiant was still arrested on August 7, 2008 with the help of Common Pleas Judge John O'Donnell. In fact, to carry out the scheme of arrest Common Pleas Judge John O'Donnell summoned Affiant to the Cuyahoga Justice Center on August 7, 2008 as to litigation regarding her motion for an extension to respond to a motion for summary judgment, though such motions are almost always ruled upon with no hearing. That litigation pertains to a six-year-old lawsuit and counterclaim involving Affiant and Chase Manhattan Mortgage Company. This followed an affidavit of prejudice filed by Affiant against O'Donnell for review by Ohio Supreme Court Chief Justice Thomas Moyer. It was Judge McGinty, who had Affiant's Shaker Height's lawsuit before him, who set up the arrest, the former staff attorney for O'Donnell, Erin O'Malley, said under oath. Thereafter, said O'Malley, O'Donnell arranged for the arrest and Affiant was attacked by two White male sheriff deputies (Deputy Sheriff Gerald Pace and Deputy Sheriff Eric Mullen) after she left the hearing before O'Donnell. Affiant Coleman fell ill upon being handcuffed and was taken to Metro-Health Hospital minutes after the arrest, kept over night, diagnosed with high blood pressure, and then taken to the county jail the following day. While in county jail Affiant Coleman was approached by booking sergeant Kevin O'Donnell who said he was a relative of Judge O'Donnell and that he had made special arrangements since the order from Visiting Lyndhurst Municipal Court Judge Nunez was illegal where he had no jurisdiction to send Affiant to the county jail with people charged with felonies, where Affiant was not serving time and the bogus and retaliatory charge before the Lyndhurst Court was dismissed on February 13, 2009, after Affiant was advised not to discuss Nunez's behavior ( See The City of Mayfield Heights vs. Kathy W. Coleman, Case No. 07 CRB 00908).

7) While at the county jail Affiant Coleman was victimized for her writings in the Call & Post, given a knockout drug and forced to remain naked in a jail cell supervised by a disgruntled male supervisor. Three days later she was taken to Mayfield Heights jail and after demands from grassroots supporters she was released without charges with the assistance of attorney Sara J. Harper, the sister of Affiant's editor at the Call & Post, Constance Harper. Thereafter, Affiant did a five-part series in the Call & Post titled “Jailed reporter tells her story,” in addition to covering articles on the presidential election, including the victory in 2008 on now U.S. President Barack Obama. Moreover, Affiant had just recently covered the public corruption probe involving Cuyahoga County Democratic Party Chairman Jimmy Dimora and others in the Call & Post newspaper, raising speculation as to whether she was jailed to preclude neutral reporting on the matter. Certainly, it was clear that the jailing of Affiant in county jail was illegal and that the person who had her jailed and released days later without charges had no jurisdiction to place her in a jail environment with felons, where she was held naked and threatened over her writings and investigations. Judge McGinty, via his staff attorney, had set up the arrest where Affiant was jailed in the county so that she could not file a more definite statement ordered by McGinty as to the lawsuit pending before him as to various claims including malicious prosecution by the city of Shaker Heights and its law director, Margaret Anne Cannon. Though other defendants remain in that matter Affiant was forced to dismiss Shaker Heights and Cannon from the lawsuit because she could not timely file a more definite statement by the deadline because it passed while she was in jail. Judge McGinty had harassed Affiant for proceeding pro se, but Affiant never thought that he would go so far as to arrange an arrest on August 7, 2008, after Judge O'Donnell had summoned Affiant to a hearing in the case pending before him involving Affiant and Chase Manhattan Mortgage Company. The jailing was also an attempt to keep Affiant from taking a deposition as to the Chase Manhattan lawsuit, where the order from Lyndhurst Visiting Judge Gustalo Nunez required that Affiant be jailed in the county on August 8, 2008 and then held at a mental institution for 20 days. Nunez followed no laws, where Affiant had a right to legal counsel and a recommendation from a mental health care professional was required. Again, Affiant was released from jail four days later after grassroots supporters arranged a protest and attorney Sara Harper came to get Affiant out. Nunez then backed off of his illegal mental institution order and on February 13, 2009 dismissed the illegal criminal charge in Lyndhurst brought because the Lyndhurt prosecutor's law firm, (Vince Feudo of Nicola Gudbranson & Cooper) represented Shaker Heights and Law Director Cannon in the malicious prosecution civil litigation that was pending before Judge McGinty.

8) Two months after her release from county jail and after Affiant asked for O'Donnell voluntary recusal due to the harassment as to the lawsuit involving Chase Manhattan Mortgage (Lower Common Pleas Court Case No CV 03 505359 and Ohio Eighth District Court of Appeals Case No. 09 92545) Cleveland Law Director Robert Triozzi, a former Cleveland Municipal Court Judge, brought charges on behalf of the city of Cleveland as to the arrest itself on August 7, 2008, though Affiant Coleman had been illegally jailed in the county and released without charges where Visiting. Lyndhurst Municipal Court Judge Gustalo Nunez had no basis for the jailing other than his anger over her legal efforts to have a sitting judge replace him per her previous filing of an affidavit of disqualification and subsequent petition for a writ of prohibition. The Cleveland case went to trial on May 8 and 9, 2009 before Cleveland Municipal Court Judge Kathleen Ann Keough, whom Triozzi selected to hear the case in exchange for an endorsement this year from Cleveland Mayor Frank Jackson as to her run as a Democrat for a seat on the Ohio Eighth District Court of Appeals.

9) Affiant was targeted relative to the Cleveland case due to Respondent McGinty and others and because she is a Black journalist. She was denied constitutional guarantees in the two day trial before the judge held last May that brought a resisting arrest verdict and not guilty verdicts relative to the bogus charges of obstruction of official business making false alarms and aggravated disorderly conduct. Judge Keough actually promoted the illegal verdict with illegal jury instructions even though sole arresting White male peace officer Gerald Pace did not even accuse Coleman of resisting his arrest or testify at trial. And a motion is currently pending before Keough for a hearing to seek dismissal of the illegal resisting arrest verdict. Per R. 29 of the Ohio Rules of Criminal Procedure.

10) Respondent McGinty threw out Coleman's lawsuit in Sept 2008 to help Shaker Hts. and Beachwood officials to gain favors because he is a former assistant county prosecutor, and due to his alleged disdain for Blacks, women and the little people. But an all female predominantly Black three-judge panel of the Ohio Eighth District Court of Appeals last year reinstated Gill as a defendant in the suit, and the claims against her, including malicious prosecution and intentional infliction of emotional distress. The reinstatement of the lawsuit angered McGinty so he then retaliated and refused a Case Management Conference on remand as required by Local Common Pleas Rule 21 to determine an agreed upon date by the parties for the filing of dispositive motions. Earlier this month Gill's attorneys, hired by her insurance carrier relative to Coleman's pending claims against her, moved to dismiss the lawsuit with McGinty's help via the filing of a motion for summary judgement, after McGinty refused discovery on remand from the Ohio Eighth District Court of Appeals, and allowed her former attorney, Wendell Scott Ramsey, to withdraw without seeking an extension for her to secure substitute counsel as required to protect her interests. This week he would not give her new attorney time to study the case and respond to the dismissal motion issuing an order on May 26, 2010 denying the extension and saying that he does not support the aspect of R. 21 of the Local Rules of Common Pleas Court that mandated a case management conference as to his illegal order of May 10, 2010 where he set the deadline for filing dispositive motions of May 3, 2010. In the weeks prior to that Gill's attorney, Brian Sullivan, said via email that he would produce Gill as requested for a deposition after the new attorney appeared but Judge McGinty via his order of May 26, 2010 refused the request for discovery from new attorney for Affiant, Wayne Kerek. In the discovery motion Kerek,who appeared in the case via its filing on May 12, 2010, had also asked McGinty to voluntarily recuse himself from the case since he was involved in Coleman's illegal jailing in the county in 2008 and due to his alleged harassment of her throughout the proceedings.

11) Judge McGinty's bias and prejudice in this celebrated case are undoubtedly rooted in his advocacy of Defendants Gill, Cannon, the cities of Shaker Hts. and Beachwood, and others. The issues of concern per the Ohio Judicial Code of Conduct and the Ohio Lawyer's Professional Code of Conduct, which are applicable to Respondent Judge McGinty as to the affidavit of prejudice herein include the following: Canon 1 (a judge shall uphold the integrity and independence of the judiciary); Canon 3(B)(1) (a judge shall hear and decide matters assigned to the judge except those in which disqualification is required); and Canon 3(B)(2) (a judge shall be faithful to the law and maintain professional competence in it). Further, Judge McGinty allegedly violated DR 1-102(A)(5) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice). Judge McGinty's action's in this matter warrant his immediate disqualification as to the case before him involving Affiant .(See In re Disqualification of Cleary (2000), 88 Ohio St.3d 1220, 1222-1223, 723 N.E.2d 1106). Undoubtedly, it is of vital importance that the litigant should believe that he will be treated fairly during the course of the proceedings before a judge . (See State ex rel. Turner v. Marshall (1931), 123 Ohio St. 586, 587, 176 N.E. 454). And even if bias might be found questionable, though it is clearly evident, the public discourse and activity by McGinty make any further proceedings under his leadership questionable and would erode the public's trust as to judicial proceedings in the Cuyahoga County Court of Common Pleas. (See In re Disqualification of Saffold (2010)Case No. 10-AP-041).

12) That the instant affidavit is based upon Affiant's true belief that Judge McGinty has acted in a manner that has caused Affiant to question his impartiality and the fairness of the proceedings to warrant his disqualification from CV08653392under R.C. 2701.03 and that the instant affidavit comports with the requirements of R.C. 2701.03 and has not been made for purposes of delay.

13). Wherefore, Affiant Kathy W. Coleman respectfully urges Judge McGinty's immediate disqualification in Kathy W. Coleman vs The City of Beachwood et .al.

FURTHER AFFIANT SAYETH NAUGHT.

_______________________________

Kathy W. Coleman, Affiant

Sworn to and subscribed in my presence this ____ day of June 2010.

_____________________________________

Notary Public

CERTIFICATION OF ATTORNEY AND CERTIFICATE OF SERVICE

I Wayne Kerek, the attorney of record for Kathy W. Coleman in the pending case at bar before the Honorable Respondent Judge Timothy McGinty ( Kathy W. Coleman vs City of Beachwood et. al., Cuyahoga Case No CV 08 653392) do hereby certify that the foregoing Affidavit of Disqualification from Affiant Kathy W. Coleman has been sent by fax to the Honorable Judge Timothy McGinty,Justice Center Towers, 1200 Ontario Street , Cleveland , Ohio, 44113, and to the Brian Sullivan, Reminger Co. LPA, 400 Midland Bld. 101 Prospect Ave., Cleveland , Oh. 44115, attorney for Defendant Myrna R. Gill this 1st day of June 2010.

__________________________________

Wayne L. Kerek (Attorney Registration No 0029211)

Attorney for Affiant Kathy W. Coleman

18066 Broxton Drive, Strongsville, Ohio 44149

(440) 341-4674

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