Baumgartner files motion to reconsider appeal

SANDUSKY Elsebeth Baumgartner has filed her own motion to reconsider after an appellate court confir
Sarah Weber
May 24, 2010

SANDUSKY

Elsebeth Baumgartner has filed her own motion to reconsider after an appellate court confirmed her multiple convictions.

In the hand-written document, filed Feb. 23 in Cuyahoga County, Baumgartner said her three attorneys have abandoned her, forcing her to defend herself.

"This case presents the only known case of criminalizing non-violent speech critical of government on the Internet in the United States," she wrote. "Similar cases are pending in (Myanmar), the People's Republic of China and Russia to considerable criticism from Human Rights activists."

She points out the "absurdity" of the charges against her, including a potential 20-year sentence for posting an allegedly threatening parody of a rap song by Eminem to the Internet.

In mid-February, the Ohio Eighth District Court of Appeals confirmed the 2006 Cuyahoga County Common Pleas Court judgment convicting Baumgartner of intimidation and retaliation.

Baumgartner pleaded no contest to multiple felonies in two separate cases and was sentenced to eight years in prison.

According to court records, Baumgartner sent threatening e-mails to retired Judge Richard Markus, who presided over civil cases in Erie and Ottawa counties involving Baumgartner. She was also accused of retaliating against Bryan Dubois and his wife for allegedly being government witnesses in the original case involving Markus.

Markus received the e-mails at his home in Cuyahoga County, giving that county jurisdiction in the case.

The appellate court confirmed the trial court's ruling against Baumgartner, stating it did not find merit in any of her eight claims of error.

Baumgartner wrote in her complaint that the Marysville Reformatory for Women, where she has resided since May 2008, lacks basic equipment necessary for preparing legal documents. She said she was denied access to computers, typewriters, copies and current legal materials and had to write her motion from memory and legal documents filed in her appeal.