CIVIL ACTION TO REMOVE OSWALT FROM OFFICE

UNDER OHIO REVISED CODE 309.05

After my guest column on Oswalt and the EEOC was published in October
2013, an inmate incarcerated in Lebanon, Ohio sent at a letter to me via the
Newark Advocate. Michael Shearer contacted me and forwarded. He had a
lot of information that was of interest to me and told me about jpay, the email
system to converse with those who are incarcerated. I set up an account.

It would be until May 22, 2014 that I would learn that an inmate in London
had also written to me in October the Advocate did not forward nor did
they return the letter to Charles McCoy, who authored the letter. I had a
discussion with Shearer about it, he said he would look for it, he didnt get
back with me, and so I filed a complaint with the postal inspector.

On June 24
th
, I learned that on the 23
rd
, Judge Marcelain had stricken the
motion to allow McCoy to participate in the depositions, even though he was
a plaintiff in the case. Additionally, Marcelain ordered that I was to be
referred to the Board of Unauthorized Practice of Law (UPL). I would later
learn that although Katarina Karac, APA, was listed as Oswalts counsel, it
was Oswalt who deposed the witnesses. The transcripts show he asked
several questions about my involvement. I suspect that he mislead Judge
Marcelain about my involvement so I wrote to Judge Marcelain to clarify
which I could do since I am not a party to the action. Its been over a month
and I have received no response from the Judge. My name remains on
CourtView with the information on Marcelains order. I routinely check with
the secretary of the board of UPL and no referral has been submitted. It
appears this is going to be like the falsified report no opportunity for due
process. Stick my name out there but never give me the chance to defend
myself. Apparently, this is justice in Licking County. Most disappointing is
that Judge Marcelain is a party to this for whatever reason, I thought he
was above this behavior.

McCoy initially submitted his pleading to the clerks office in March, a couple
of months before I even had heard of him. Olivia Thorp sent it back to him
to correct a couple of procedural issues but in general, he filed basically the
same pleading. After exchanged messages, he asked me to do an affidavit
about the evidence I had and send it to him. I did and he submitted as
support when he resubmitted. My evidence is damning to Oswalt so I am
not surprised he is doing everything he can to suppress it.

When I spoke with Special Agent Jonathan Jenkins of the BCI last week, he
said I was driving that lawsuit. Thats simply not true and I am certain that
came from Oswalt. I told him about the letter and documentation that I sent
to Judge Marcelain that proves that lawsuit was initially filed before I even
knew who McCoy was. Because McCoy doesnt have the resources to fight
his conviction and grossly unfair sentence, he has had to research to handle
his own case. Although his success has been limited, I am quite impressed
with how he knows what is available and how to file it. Oswalt knows the
conviction was wrong and is more about the victim being the mistress of
prominent Heath businessman, who also was appointed to office at one
point, than anything about justice. Its the typical good old boy nonsense
that passes for justice in their backwoods approach.

I would be remiss if I didnt mention that when Oswalt pushes things to the
Supreme Court of Ohio, he doesnt do very well. The most obvious was in
the case In Re D.B. when the justices took Licking County to task for making
bad decisions, not following the law, selective prosecution, and for the
interrogation practices of the sheriffs office. Most recently, even with
DeWines arguing the case, the Court set Oswalt straight on his position with
respect to bail bonds. As noted in another collection, his advice or lack
thereof on the privacy amendment of the VAWA had to be handled by
attorney at the Supreme Court of Ohio because once again he had failed.