Friday, April 09, 2010

Meranda v. Gusweiler: Judge Named, and Good News for Taxpayers

Well, it appears this debacle is going to go forward. Tina Meranda, full of self-righteous pride and fury cheered on by kook conspiracy theorists like Dennis Varnau (look for more about this soon) and others, has sunk her money into Eric Deters (after, I am told, she asked the commissioners to pay for her expenses and was smacked down). Judge Gusweiler, who has remained mum during this whole thing, has retained attorneys.

From Wayne Gates and the Brown County Press:
The case now has a judge and Gusweiler has attorneys of record.

A Notice of Appearance of Counsel for Gusweiler was filed Tuesday, April 6.

The Judge will be represented by attorneys George Jonson and Lisa Zaring of the law firm of Montgomery, Rennie and Jonson.

The firm is based in Cincinnati.
Jonson said that he would comment on the case after the matter is resolved.

The next step in the case is for Gusweiler's attorneys to file an answer in the lawsuit.

The deadline for filing the answer is April 28.

A retired Hamilton County Court of Common Pleas Judge will be hearing the case.

The Honorable Thomas Nurre was assigned to the bench by the Supreme Court of Ohio.

That notice was filed with the Brown County Clerk of Courts office on Monday, April 5.

As the case moves forward, common procedure in civil lawsuits is for one or both sides to petition the court with motions of Summary Judgement.

A Summary Judgement is when the judge decides if a side wins or loses as a matter of law.

The judge can find for one side or the other and the case is then over.

Or the judge can deny any motions for judgement and allow the case to move on to trial.

Meranda has asked for a jury trial.

Meranda wants a jury trial to play the victim card. This whole matter should have been done as it was intended, by filing a motion with the 12th district court of appeals and having them make a judgement on the properness of the orders and procedures. However, Meranda wants to make a name for herself as well as smacking others down. She and Deters have already tainted the jury pool by releasing information to the press presented without a chance for rebuttal by the Judge, especailly since Gusweiler by law cannot say anything. But, back to the article:

He added that Gusweiler is bound by state law prohibiting judges from commenting on any pending case, including any that he is personally involved with.

So, see, there is no guilty conscience or secret cabal or conspiracy, rather Judge Gusweiler is following a little something called the there...

On the question of attorney fees, Meranda is paying for the services of her lawyer, Eric Deters, out of her own pocket.

Jonson said Judge Gusweiler is having his legal expenses paid for by an insurance policy provided by judges through the State Supreme Court of Ohio.

Bret Crow, Public Information Officer for the high court, said Gusweiler is eligible for the assistance because the Meranda lawsuit is seeking monetary damages from him as an individual.

Crow said under the current circumstances, Brown County will not be liable for any of Gusweiler's legal expenses.

Well, that is good news, that the people of Brown County will not be paying for the legal fees of either one of these two. However, we will have to pay for the court case in terms of the judge, I believe, as well as the lost work hours of Meranda, Little, and Gusweiler. And, Tina Meranda has cast dirt on her own office (which is founded, considering her own record as given by Mary Taylor, auditor of state), Prosecutor Jessica Little's Office (unfounded, since she was just caught in the middle), and Judge Gusweiler's (this remains to be seen).

Legal eagles I have talked to expect this suit to be thrown out on summary judgement and that Little's choice not to prosecute will be vindicated.

Oh, and by the way....I heard that Jessica Little, before this frivolous suit was filed, was looking into getting independent counsels and such for the case before the 12th district, but that Meranda wanted more and didn't want to pursue things like getting the order overturned through the defined legal channel of the 12th district, but rather either wanted Gusweiler charged or wanted to take out a civil suit, which she did. Hmmm...does this sound like she is just going after Gusweiler because he is like, usurping her authorit-ay or something? Not so much....Stay tuned....