Latest Court Filing Points To: Fraud, Cover-Up, Spoiliation, and Public's Right To Know

[Jim O'Bryan]

Highlights from the 150 page filing in the lawsuit by Brian Essi to obtain what EVERY COURT HAS DECLARED ARE PUBLIC RECORDS!

There must be some pretty bad stuff in there, ignoring four court orders, spending millions to cover-up, and then possible destruction of public records against the Courts Orders.

Here is the actual document: http://media.lakewoodobserver.com/media ... 632849.pdf

Here are some of the highlights.

NAILAH K. BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street Cleveland, Ohio 44113

Court of Appeals
MOTION TO...
May 23, 2017 09:27
By: PATRICK S. VROBEL 0082832 Confirmation Nbr. 1075229

STATE OF OHIO, EX. REL., BRIAN J. ESSI
CA 16 104659
vs.
CITY OF LAKEWOOD, OHIO


RELATOR’S MOTION TO SHOW CAUSE AND FOR SANCTIONS

Relator Brian J. Essi (“Essi”) respectfully requests an order requiring the City of Lakewood (“Lakewood”) and its records custodian and former attorney of record, Kevin M. Butler (“Butler”), to appear under oath, subject to cross examination, and show cause why they should not be held in contempt of court for: (1) intentionally adulterating public records; (2) violating the February 15, 2017 Order by intentionally misrepresenting to the Court that Lakewood produced public records in response to 22 separate public records requests when Lakewood did not produce the records in response to those 22 public records requests; and (3) engaging in bad faith abuse in the performance of their governmental duties under the Ohio Public Records Act.
Electronically Filed 05/23/2017 09:27 / MOTION / CA 16 104659 / Confirmation Nbr. 1075229 / CLAXY

As a result of these intentional acts in violation of the statute and public trust, Lakewood and Butler simply cannot be trusted to fulfill this Honorable Court’s March 9, 2017 and April 6, 2017 Orders. Accordingly, Essi requests the following relief:

1. An order finding Lakewood and Butler in contempt and engaging in bad faith conduct in violation of R.C 149.43.

2. An order appointing a qualified independent third-party consultant with expertise in digital discovery to serve as special master to gather public records from Lakewood and directly from Lakewood’s servers and to monitor and oversee Lakewood’s compliance with this Honorable Court’s March 9, 2017 and April 6, 2017 Orders, with the costs of said independent third-party consultant to be paid for by Lakewood and/or its insurers.

3. An order amending the March 9, 2017 Journal Entry clarifying that, in addition to certifying the steps it undertook to locate the requested records, Lakewood must also certify the steps it did not undertake or could not undertake to locate the requested records due to the failure to preserve potentially relevant information, the failure to implement a litigation hold, or because of the spoliation of public records or evidence. In addition, where Lakewood did not undertake any steps to locate requested records because Lakewood claims that the records are in the possession of another entity, Lakewood must identify the records and location of those records.

4 . An order to conduct a hearing to determine if there has been spoliation and altering of additional public records and evidence.
Electronically Filed 05/23/2017 09:27 / MOTION / CA 16 104659 / Confirmation Nbr. 1075229 / CLAXY 25.

An order for Lakewood to pay Essi’s reasonable attorneys related to this motion and for such sanctions as this Honorable Court deems just and fair.
The basis for this motion is outlined, more fully, below.

I. CONTEMPT, FRAUD, AND ABUSE

II. THE PUBLIC’S INTEREST AND RIGHT TO KNOW

III. THE COURT’S ORDERS

V. SPOLIATION OF PUBLIC RECORDS

IV. ELEMENTS OF THE COVER UP

VI. CONCLUSION
Under the circumstances set forth herein, if the Court does not order the relief sought, including the appointment of a qualified independent third-party consultant to serve as special master, complete and fair compliance with the Public Records Act will not be achieved in this case. The public will have forever lost its right to know what really happened with Lakewood Hospital. Accordingly, Essi requests the relief sought herein to ensure the public’s right to know and ensure complete and fair compliance with the Public Records Act and common law.
=====

Also at the last meeting the City of Lakewood tried to introduce lawyers from all of the other lawsuits, and litigants in this lawsuit, which has nothing to do with the other lawsuits, and is more about the City hiding documents for Brian Essi's ongoing look into this Hospital Debacle, and the possible defrauding the residents of Lakewood of $178 million dollars in assets. That action is resulting in more court actions against the City of Lakewood.

That filing is here: http://media.lakewoodobserver.com/media ... 632924.pdf

How far can they dig themselves into the hole.

I keep coming back to...

“Then there must be something, mustn’t there. The truth is, these are not very
bright guys, and things got out of hand.” - Deepthroat, Watergate

.

.

[Bridget Conant]

This thread truly deserves the title BOMBSHELL!

The actions of this administration are disturbing, outrageous, and desperately in need of some sort of intervention. (Can you say vote them out?)

Altering public records is a criminal act. To go to this length to hide public records again indicates there is some reason for doing so, and it likely involves some illegality.

[stephen davis]

Hmmmmm.

I'm somewhat ambivalent about the hospital, but I am quite disturbed by all of the human and financial resources used to keep Lakewood public records private.

I'm all in on representative government, but come on, City Hall, whose town is this? Show a little respect.

The apparent back-room deals, ugly politics, obfuscation, and cover-ups are not a good look for our great city. Stop it!

.

[Michael Deneen]

THIS JUST IN FROM LAKEWOOD CITY HALL: Law Director Kevin Butler has ruled that the public records in question have pit bull DNA. Therefore, they are inherently vicious and dangerous, and have been banned.
Case over. Move along....nothing to see here.
Solstice Steps Celebration on June 21st! Bring the kids!
For Summers-approved updates on City happenings, please read your water bill and bookmark Jen Pae's fake "Lakewood Community" page.

[m buckley]

Mr. Essi.
To quote City Hall's resident cheerleader, (Colin McEwen), as he urged on The Slippery 7 ...
Go get em!

Mark Kindt: " In the interest of accountability, ethics, transparency and the simple obedience to Ohio law, the withheld public records should be released forthwith."
Hey Dan O'Malley, anytime you want to weigh in on this.

2017. Marx. Nowlin. Bullock.
Hold them accountable. Kick them to the curb.

[dl meckes]

Also at the last meeting the City of Lakewood tried to introduce lawyers from all of the other lawsuits, and litigants in this lawsuit, which has nothing to do with the other lawsuits, and is more about the City hiding documents for Brian Essi's ongoing look into this Hospital Debacle, and the possible defrauding the residents of Lakewood of $178 million dollars in assets. That action is resulting in more court actions against the City of Lakewood.

Why were so many lawyers there? Why aren't public records public?

[Kate McCarthy]

Also at the last meeting the City of Lakewood tried to introduce lawyers from all of the other lawsuits, and litigants in this lawsuit, which has nothing to do with the other lawsuits, and is more about the City hiding documents for Brian Essi's ongoing look into this Hospital Debacle, and the possible defrauding the residents of Lakewood of $178 million dollars in assets. That action is resulting in more court actions against the City of Lakewood.

Why were so many lawyers there? Why aren't public records public?

It is very interesting that so many lawyers decided to show up for this hearing for a case that is characterized by many in Lakewood as "trivial." Lots of firepower that doesn't come cheap. One would wonder if parties to some of those records might be worried about them becoming public. Also, is there any ramification to the attorneys who appear to be out of order in making a case with proper notification?

The emails in Exhibit 17 to me are textbook violations of open meeting laws. Since when is a "communications strategy" under the protection of Attorney-Client privilege? I would love to see any councilperson explain how that is not the case.

Also found this footnote very interesting ... "While the instant action is civil matter, it is not inconceivable that the known conduct of Butler and additional conduct discovered during this case may give rise to violation of R.C.2913.42 i.e., tampering with records." This would a a third degree felony. In general, if possible criminal conduct is discovered in a civil case, what are the next steps?

[Lori Allen _]

Kate,

Mr. Essi or Mr. Kindt could probably answer your question better, but I believe the first step would be presenting the evidence to the county prosecuting attorney to see if they would initiate prosecution.

[Michael Deneen]

It is very interesting that so many lawyers decided to show up for this hearing for a case that is characterized by many in Lakewood as "trivial." Lots of firepower that doesn't come cheap. One would wonder if parties to some of those records might be worried about them becoming public. Also, is there any ramification to the attorneys who appear to be out of order in making a case with proper notification?

Why are you people so suspicious? Obviously an email went out to all the Clinic's lawyers saying "Birthday Cake in hearing room".
They all accidently went to the wrong room, where this case just happened to be argued at the time.
A simple misunderstanding....nothing to see, move along.

Have I mentioned the Solstice Steps celebration on June 21?

[Bridget Conant]

City Council is complicit here. As usual, they are silent. Not a peep out of any one of them demanding that the city comply with the court order.

It must be hard being such cowards, so dependent on their political positions and support from the machine that they cannot see or do the right thing.

The fact is, the courts have ordered the release of public records. The city has not only ignored the order, they attempted to subvert the justice system by altering records.

Add to the mix the bizarre appearance by attorneys for Toby Cosgrove, the Clinic, LHA and LHF, and you've got a situation that every resident should be outraged over.

What was the justification for their appearance?

How dare they try to interfere in a public records case!

Do people not see the level of collusion here and wonder what is going on?