Lakewood Hospital Lawsuit - Pre-Trial at 1:30 P.M. Today?

[Lori Allen _]

Just a friendly reminder that a pre-trial conference in the Edward Graham et al vs. City of Lakewood et al case is listed as scheduled for 1:30 P.M. today. Also a reminder that Judge John P. O'Donnell is still listed as the judge presiding over the case.

This case was originally filed on 5/28/2015. That was one year and almost seven months ago. Since that 5/28/2015, it appears that Judge John P. O'Donnell has been trying hard to delay the judicial process as much as possible, by continually postponing scheduled pre-trials.

Also, let's review Judge John P. O'Donnell's campaign contributions:

- $250 from Jay R. Carson (BuildLakewood, alleged friend of defendant (s))

- $250 from Leo M. Spellacy Jr. (relative of former Lakewood Law Director)

- $250 from Murman & Associates (law firm of alleged defendant friends)

- $100 from Kenneth J. Laino (appeared on endorsement list for Mayor Michael P. Summers, a defendant, also a lawyer at Ryan Nowlin and Joe Gibbon's law firm)

- $100 from Joseph P. Gibbons (former LHA member, LHA is a defendant)

- $100 from Kevin Spellacy (former Lakewood Law Director)

- $150 from McGinty, Hilow, & Spellacy (law firm of defendant's alleged friends)

- Another $120 from Kenneth J. Laino (appeared on endorsement list for Mayor Michael P. Summers, a defendant)

- Another $100 from McGinty, Hilow, & Spellacy (law firm of defendant's alleged friends)

- $50 from David Fagnilli (husband of former Lakewood Law Director, appeared on endorsement list for Mayor Michael P. Summers, a defendant)

- Another $50 from Kenneth J. Laino (appeared on endorsement list for Mayor Michael P. Summers, a defendant, also a lawyer at Ryan Nowlin and Joe Gibbon's law firm)

- $2,500 from Thompson Hine LLP (outside legal counsel for defendants)

- Another $250 from Kenneth J. Laino (appeared on endorsement list for Mayor Michael P. Summers, a defendant, also a lawyer at Ryan Nowlin and Joe Gibbon's law firm)

- $200 from Robert Risman (bought the INA Building from Gus Frangos and/or family, also gave the Cleveland Clinic $10 million, also owns the Waterford Apts.)

- Another $1,500 from Thompson Hine LLP (outside legal counsel for defendants)

- $463.75 from Cleveland Building & Construction Trades Council (endorsed Michael P. Summers for Mayor and Mark A. Schneider for Ward 3 Council)

- Another $100 from Cleveland Building & Construction Trades Council (endorsed Michael P. Summers for Mayor and Mark A. Schneider for Ward 3 Council)

- $100 from Henry Hilow (BuildLakewood, hosted fundraisers for Mayor Michael P. Summers and BuildLakewood)

- Another $200 from Kevin Spellacy (former Lakewood Law Director)

Also note that Judge John P. O'Donnell is a member of the Lakewood Democratic Club.

I do not believe Judge John P. O'Donnell needs permission to recuse himself. In fact, I believe if there is even the slightest hint of bias or favoritism, that a judge is to recuse themselves. In fairness, it was rumored that O'Donnell offered to recuse himself in the beginning, but all parties declined. However, common sense and due diligence to the law would tell him to recuse himself immediately. I don't believe he needs permission to recuse. In fact, living in Lakewood alone should have been enough reason.

Today, will Judge John P. O'Donnell:

- Dismiss the case?
- Postpone the pre-trial yet again?
- Hold the pre-trial hearing?

I find it very interesting that this case has moved at a snail's pace. Could this have been done deliberately in order for CCF to be able to start demolition and construction? Let us not forget that the Lakewood taxpayer gave CCF $7 million for demolition for the garage that has already had millions of dollars in work done to it over the past eight years. As I have mentioned in previous posts, it appears that Armond Budish and Presiding Judge John Russo are allowing Michael P. Summers and friends to use the court system to their advantage. Although I cannot prove at this time, it appears that Judge O'Donnell may have more vested in the hospital than it appears on the surface. I have recently contacted the Ohio Supreme Court. They have told me that good evidence exists that should be submitted in regards to the judges and cases pertaining the hospital. Please feel free to CC my list of campaign contributions above should you decide to file a complaint. My contact told me that if more complaints are filed, they will be faster to investigate. See http://www.supremecourt.ohio.gov/Boards ... fault.aspx

Hopefully Summers & Nickie Antonio won't use any alleged influence at the state level to have any complaints discarded!

[Dan Alaimo]

a) The pre-trial has been postponed.
b) Thank you for publishing that list of campaign donors. While I've come to respect Judge O'Donnell's reputation, his run for statewide office was worrisome in terms of the potential campaign donors. Now I see that worry was not misplaced.

[Lori Allen _]

Thanks for the update, Dan.

Very worrisome indeed. I would like to know his reasoning for the delay this time. I have to admit that he appears to be deeply rooted in a lot of things going on in Lakewood.

[Bridget Conant]

There has been much talk over how big a role the Brelo verdict played in the judge losing his bid for a spot on the Supreme Court of Ohio. He lost key voter groups that might have otherwise voted for him.

He could certainly use the Lakewood taxpayer vs the behemoth Cleveland Clinic case to keep his name in the news and recapture the black and progressive voters that he lost.

[Dan Alaimo]

It may be time to discuss the propriety of electing judges like this. Sometime we vote with no knowledge whatsoever (but thank you "Judge4Yourself"). Sometimes an unpopular judgement affects the vote, like Brelo - it wasn't the verdict I would have liked to have seen but it was a narrow and precise application of the law. And sometimes future judgements are based, at least in part, on campaign donations. The whole system stinks.

[Marguerite Harkness]

Lori, thanks for that list.

Total $4,600 contributions to O'Donnell from parties with some connection to the lawsuit/Clinic/hospital closing, etc.

You're doing a good job of investigation, keep it up.

[dl meckes]

Ken Laino is a partner in a law firm (Schneider, Smeltz, Spieth, and Bell) with Ryan Nowlin. SSSB also represents my family business. Ken has been involved in Lakewood politics forever. He was Tom George's campaign manager for years. We volunteered with Ken and Kathy in a political campaign or two. He lives very near Summers and O'Donnell.

The people on this list? Old boys network. They have tried to do nothing but good for the city of Lakewood and Cleveland. I'm sure they are all offended that anyone would think they weren't caring, concerned citizens.

Early on, when Bill and I spoke with Mike and Wendy Summers, Mike was shocked and horrified when I said that we thought there were ethical violations. He felt that since he was not gaining anything, he and Wendy were nothing but ethical. It was a serious insult. I made it worse by suggesting that even Jimmy Dimora didn't know he was Jimmy Dimora.

The problem with our city government representatives is that they have NO training in what is considered ethical in local government. This is not just a problem, this is a HUGE problem. They don't understand sunshine laws, they don't understand executive session, etc.

We have the same civic-minded people in governing positions. They have always meant well. They've meant no harm. They just blew it. We haven't had people to challenge them in elections. We've blown that.

[Stan Austin]

D.L. and Bill-- I am part of the same cabal. Somehow things have gotten off of track. We gotta get this back, if possible, so we can make Lakewood where we REALLY want to be. Stan

[Kate McCarthy]

The problem with our city government representatives is that they have NO training in what is considered ethical in local government. This is not just a problem, this is a HUGE problem. They don't understand sunshine laws, they don't understand executive session, etc.

We have the same civic-minded people in governing positions. They have always meant well. They've meant no harm. They just blew it. We haven't had people to challenge them in elections. We've blown that.

I was very grateful when Senator Skindell threw his hat in the ring to challenge the status quo because I felt the city government had been infected with the virus of group think. Council had become a rubber stamp and the only issue hotly debated was hens...and Summers brought along just the constituency he needed on that front. But look what they did to Senator Skindell. Spread lies, fake newspapers. I am sickened by councilpersons discussing our second highest ranking Democratic representative once Obama leaves office with such disdain. Who will run against these people?

I don't agree they have always meant well. Yes, they have meant well for a small group of people, a very small group of people. And that very small group of people feel they are entitled to set the agenda and those pesky laws are for other people. This is a problem here in Lakewood and beyond. Look at our president elect. He bragged he could shoot somebody on 5th avenue and not lose any voters. We had a vice president who shot his friend in the face with no consequence. We have a lot of people in Lakewood who don't' seem to care if laws were violated, or lies were spread, etc.

We have to hold public officials to account, period.

[Lori Allen _]

I mean no disrespect to anyone, but I believe that the whole City Hall is oozing with ethics violations. My first clue of this was when Butler appeared to be keeping public records private - holding them hostage.

Then I discovered that, according to public records, a City Hall land bank property on Waterbury was given away for free to an alleged friend of Mayor/Public Safety Director Michael P. Summers. Then I discovered that City Hall hires other city employees relatives, then I discovered that Councilwoman Cynthia A. Marx apparently has a friend named James W. Kemp Jr. at Huron Consulting, then I found out that Thompson Hine and/or their lawyers donated to our councilpersons, to Judge John P. O'Donnell, and so on.

At this point, I believe most of them know they are caught. The issue now is whether or not anything will be done or if political connections will give them a "get out of jail free" card. I mean, there has to be a reason Mary Louise Madigan got a job in Armond Budish's office.

Things are finally starting to appear, and it is beginning to appear that, in a lot of ways, I may turn out to be right.

In my opinion, Kate's analogy might be a good one in this situation. I suspect that if, God forbid, Mike Summers stood in the middle of Detroit Ave. and shot someone point blank, many people would still vote for him, I believe. I'm sure I will be blasted for this, but who knows?

[Bridget Conant]

I don't agree they have always meant well. Yes, they have meant well for a small group of people, a very small group of people. And that very small group of people feel they are entitled to set the agenda and those pesky laws are for other people. This is a problem here in Lakewood and beyond. Look at our president elect. He bragged he could shoot somebody on 5th avenue and not lose any voters. We had a vice president who shot his friend in the face with no consequence. We have a lot of people in Lakewood who don't' seem to care if laws were violated, or lies were spread, etc.

A big DITTO to everything Kate McCarthy said!

[cmager]

The people on this list? Old boys network. They have tried to do nothing but good for the city of Lakewood and Cleveland. I'm sure they are all offended that anyone would think they weren't caring, concerned citizens.

Early on, when Bill and I spoke with Mike and Wendy Summers, Mike was shocked and horrified when I said that we thought there were ethical violations. He felt that since he was not gaining anything, he and Wendy were nothing but ethical. It was a serious insult. I made it worse by suggesting that even Jimmy Dimora didn't know he was Jimmy Dimora.

The problem with our city government representatives is that they have NO training in what is considered ethical in local government. This is not just a problem, this is a HUGE problem. They don't understand sunshine laws, they don't understand executive session, etc.

We have the same civic-minded people in governing positions. They have always meant well. They've meant no harm. They just blew it. We haven't had people to challenge them in elections. We've blown that.

Offended. Shocked. Horrified. My take is that they want to garner this normal human sympathy while they act against the best interests of the community. I'm not willing to cut them the slack that they appear to want. To me it's a tool that they use. And I'll bet that Summers did not change his behavior as a result of that feedback.

Respectfully, to me it's not training. They should have a core approach of "doing the right thing" and you don't need training for that. Too many people acting with great intention, to then claim that it's the lack of a training seminar with a bunch of reading and Powerpoint slides. Training won't do anything when they lack the attitude, or are opposed to the premise of the training. Witness tabling the new City Charter, cutting records retention, acting with obvious ethical conflicts, refusing to provide records, repeated violations of open meetings, conflicted hiring, and on and on.

I don't agree they have always meant well. Yes, they have meant well for a small group of people, a very small group of people. And that very small group of people feel they are entitled to set the agenda and those pesky laws are for other people. This is a problem here in Lakewood and beyond. Look at our president elect. He bragged he could shoot somebody on 5th avenue and not lose any voters. We had a vice president who shot his friend in the face with no consequence. We have a lot of people in Lakewood who don't' seem to care if laws were violated, or lies were spread, etc.

A big DITTO to everything Kate McCarthy said!

I don't buy that they mean well. Not at all.

[dl meckes]

I don't disagree with any of the points made.

I'm still trying to grasp how so many good people could be so wrongheaded. And how dare we question anyone's ethics!

I am disgusted.

[Kate McCarthy]

I don't disagree with any of the points made.

I'm still trying to grasp how so many good people could be so wrongheaded. And how dare we question anyone's ethics!

I am disgusted.

I cannot agree more. It is very disheartening.

[Jim O'Bryan]

I don't disagree with any of the points made.

I'm still trying to grasp how so many good people could be so wrongheaded. And how dare we question anyone's ethics!

I am disgusted.

"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it."
Martin Luther King, Jr.



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