Fundamental fairness? Forget about it

Matt Westerhold
Mar 23, 2010

NOTE: Retired Lorain County Common Pleas Court Judge Joseph Cirigliano did not sentence a woman hell-bent on making Erie County Prosecutor Kevin Baxter uncomfortable to eight years in prison. Judge Richard Markus sentenced Elsebeth Baumgartner. A previous verson of this blog contained incorrect information.

You better believe the "fix" to make sure fired Sandusky police Chief Kim Nuesse stays fired is already in place. Law director Don Icsman recommended the city civil service commission appoint retired Lorain County Common Pleas Judge Joseph E. Cirigliano as its hearing officer for Nuesse's appeal of her termination, and that's what the commission did on Monday.

What's wrong with that, you might ask. Well, first off, Icsman is so deeply imbedded in this controversy he has no business recommending anyone do anything on this matter. Icsman effectively approved the $22,000 Murman investigation without any input from city commission, which is required to review and give prior approval for such expenditures. City commissioners should be asking if the city charter was violated when Icsman approved the biased and bogus Murman probe, and if it was violated why their law director ignored city law on this huge waste of taxpayer money. Icsman should be held accountable for his decisions, and he should refrain from any further input on this sad, sad, sad affair.

Why haven't those questions been asked? Why is Nuesse the only person being held accountable? Why, indeed?

And Cirigliano? He has long-standing ties to Erie County Prosecutor Kevin Baxter, who was a witness in the Murman integrity probe and provided questionable testimony against Nuesse to the Murman investigators. Baxter later "corrected" the tainted Murman report after the Register raised questions about the accuracy of his statement.

What gave Baxter the right to alter a public document? Is he above the law? Why is Nuesse the only person being held accountable? Why, indeed?

Cirigliano ruled in favor of Baxter in a court dispute with his brother over the estate of their parents. Cirigliano has no business serving as the civil service commission's hearing officer in Nuesse's appeal. He should step aside and he should do so immediately. Surely, there is someone better positioned to provide the "fundamental fairness" this situation demands. That person is not Judge Cirigliano.

Comments

Anonymous

HEY WESTERHOLD!!!!! GET A LIFE!!!!! THIS WHOLE NUESSE THINGS IS GETTING OLD!!!!!!

Anonymous

Why do so many people think the AG's office investigates "personnel" issues?
It hasn't been done, CUZ they don't do that kind of stuff!!!! Just because you are a bad employee doesn't mean the AG's office should investigate it! Again, Nuesse camp tosses some STUPID "how about" into the ring and the the followers jump in with "Why don't you". Makes all of them look just as stupid! Amazing is RIGHT - this whole mess is very old!

Anonymous

Your mama was stupid for having you. We are all entitled to our opinions whether you like it or not. Your eyes may shine and your teeth may grit but changing my opinion about a$$holes like you, you will never git!!

Anonymous

To Re What If wrote on Jul 11, 2008 3:53 PM:

(sarcasm on) You are so correct. Leo Jennings, Anthony Gutierrez and Marc Dann should NOT have been investigated because it was a "personnel" issue. Richard Nixon and his buddies should NOT have been investigated because it was a "personnel" issue. (sarcasm off).
YOU are proof that stupid people should not post stupid comments.

Anonymous

UH UM...I believe that WE are entitled to OUR opionions and comments just like you...so...Nuesse clan can comment...well...so can ANTI Nuesse..Get over it!

By the way...did any of you ever notice that we do not stoop to your levels and name call either?

Anonymous

I believe you said the neusse clan was stupid. That makes you a hypocrite. SO BLOW Me!!

Anonymous

Yes, we're ALL entitled to our opinions. As for those in the ANTI-Nuesse camp not stooping to name-calling, PLEEEEEASE! Here's the skinny....this looks, smells and screams of an investigation that is COMPROMISED! When those in charge IGNORE an avenue that could/would answer SEVERAL questions, and for free I might add, THERE IS A PROBLEM! Let me put it another way, I hope we have some people coming forward to challenge certain postions in this area. I'll be casting my vote quite differently in the future. That may not matter to many, but it does where it counts. I'll say it again, the look of IMPROPRIETY has been present long before Nuesse was brought to town! All one need do, just in regards to the SPD, is go back and review the Video, comment site regarding the Fitzy FIASCO! ALL involved should be ASHAMED, each and every one of them! So, you can insult me, call me names, whatever! However, please know that STUPID isn't tattooed on this FOREHEAD! As well, PRIDE FALLETH BEFORE A MAN OR WOMAN! Just ask Marc Dann and his cohorts!

Mi Chu Wong Dong

You look like Jackie Gleason when he young. When you get old, you look like Bufford T. Justice. Big fat man.
You no eat much. Bufford eat too much.

mannie

I'm beginning to think that Baumgartner wasn't as crazy as Erie County and the SR made her out to be.

Anonymous

How OLD is Cirigliano? Why do judges in Ohio have to retire at age 70? If Cirigliano graduated from Baldwin-Wallace College with a B.A. in 1949 and got a law degree from Case Western Reserve University in 1952, then he must be over 80 years old. Elsebeth told the truth about these old judges coming in to fix cases. How many people in their late 70s and 80s have 100% of their mental capacities? Would you want an 80 year old airline pilot? Or how about an 80 year old surgeon? How can an 80 year old so called judge still decide cases in Ohio when the mandatory age for judges to retire is 70? And let's not forget the medications that these old judges have to take that can further impair their mental functions.

Mandatory age for judges in Ohio to retire is 70. But old judges in their late 70s and 80s can be "appointed" to decide cases and send innocent people to prison. These lawyers and judges have a racket going on in Ohio. If this be the case, Let's put all these lawyers and judges onto an Airbus A380 with 80 year old pilots and 80 year old air traffic controllers. The lawyers and judges should not be too concerned that the mandatory retirement age of air traffic controllers is 56. We will just appoint 80 year old air traffic controllers for the A380 Airbus full of judges and lawyers. Of course the Airbus will be piloted by 80 year old pilots.

How many judges and lawyers will fly with 80 year old pilots and 80 year old air traffic controllers at the controls?

Anonymous

To Ralph: Dude, what the heck are you talking about? What a lame analogy.

Anonymous

Cirigliano HAS to be at least 80 by now and he's not the only one of these old inept retired judges that are getting around the Ohio Law that mandates they retire at 70. The attorneys and judges have a real racket going on here---they know they can count on these CORRUPT old crooks to "fix" their cases and they also know that Ohio is not going to "mandate" the cases that the old geezers are being allowed to "fix". If a hospital ever allowed an 80 year old retired doctor to perform surgery there would be a million lawsuits filed yet OHIO seems to be ignoring THIS RACKET. You can also bet that Cirigliliano has "fixed" PLENTY OF CASES for Baxter and others here in Erie County and you can bet he'll "fix" the Nuesse case, too.....

Anonymous

Westerhold looks like Vince Vaughn!

Anonymous

Maybe the GOBs bring in these old judges because they can be easily manipulated to fix cases. I know a few intelligent elderly people than can be talked into giving up their life savings.

Many old judges have early signs of dementia or Alzheimer's. In addition, many take drugs that can further impair their mental reasoning.

What is really scary is when mentally impaired judges sit on the highest court of the country to decide cases.
And this particular judge was younger than 70 and still was allowed to decide cases. But as usual, there was a cover-up to keep the secret away from the people.

According to the Washington Post, "The late Chief Justice William H. Rehnquist took a powerful sedative during his first decade on the Supreme Court and grew so dependent on it that he became delusional and tried to escape from a hospital in his pajamas when he stopped taking the drug in 1981, according to newly released FBI files."

http://www.washingtonpost.com/wp...

Anonymous

Ohio and Erie County needs a judge like Judge Andrew Napolitano.

http://www.youtube.com/watch?v=K...

Anonymous

Wouldn't feel to awful comfortable getting onto a plane at an airport where the pilot and air traffic control are 80yr. olds, who SHOULD HAVE BEEN RETIRED 10 years prior! What's not to get, unless you're just choosing NOT TO?! Look, not all over 70yr. old people are senile, don't have their wits about themselves.....The point, why are RETIRED JUDGES, always the same ones being used by the same people, used to come in and decide CERTAIN CASES? As well, in this particular situation why/how is it proper for the LAW DIRECTOR to be the one picking the JUDGE? Anyone else notice the PATTERN in regards to our COURT SYSTEM here in Erie County over the last 10+ years? When a person has to face the JUSTICE SYSTEM, they're only hope is that system will be fair, honest and above board with them, as it should be with everyone! We can all talk until we're blue in the face, facts are facts. Especially the FACT THAT THIS ALL LOOKS PRETTY WELL ROUTED, and those that COULD/SHOULD do what's best for this particular situation, WON'T! Why is that? This situation casts a bad light on the ENTIRE CITY GOVT., especially the LEADERS, COPS & COURTS!

Anonymous

I seem to remember that both Chiefs,Neusse and McClung, stated the fact that software would be incompatible.Then Tom Ferrell came to the rescue with a plan. A 60k study that would be covered by a grant. I hear that that study on joint dispatch is now over 90k none of which was covered by a grant. Now we have gone full circle and the city is back wanting to talk to Perkins about joint dispatch. And Neusse was the dishonest one?

Anonymous

....Free Elsbeth Baumgardner....

Anonymous

There sure does seem to be a lot of crap going on in our city. I tried to research the two judges that were recommended by Icsman, Cirigliano and Richard B. McQuade. I couldn't find much on Cirigliano but heard that he was very old, closer to age 85 than 80 as posted in the comments. I have to wonder why K. Ronald Bailey is comfortable with Cirigliano. If I were Nuesse, I would have hired an attorney from away and not from Erie County.

From my readings about Richard B. McQuade, I found the following links and they were not favorable at all. I sure would not want McQuade as a judge.
http://www.noethics.net/Ethical_...
http://www.noethics.net/Watchdog...
http://www.noethics.net/links.htm

Personally, I think that Nuesse would not go along with the powers that be but wanted to do the right thing. I don't like the way that politics or should I say corruption is running things in our city. Perhaps an organized march around the courthouse to protest what is happening might be a good starting point. All that I want to see is accountability and for the truth to come out. I remember years ago when there was a protest march around the courthouse by a group of fathers for divorce reform. Organize a march around the courthouse as a start. Where are those ministers when you really need them?

Anonymous

It will be interesting to see how Mr. Baxter's office handles the teachers in Perkins School District who committed insurance fraud with tax payers dollars. So if he gets Judge
Cirigliano to hear the case, we all know what that means as well.

Anonymous

HOPE YOU GET A 7 FIGURE SETTLEMENT, KIM!! GOOD LUCK AND GOD BLESS.

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