Johnny S. Clarke & Lisa Straub- young Ohio couple murdered

[Older Than Dirt]

SHIT!!!!!!!



http://lcapps.co.lucas.oh.us/obpublicacc...9b13665d4d

[NightOwl]

Justice refuses to oust judge in murder case
Bates to preside over trial of 1 defendant
BY ERICA BLAKE
BLADE STAFF WRITER

Lucas County Common Pleas Judge James Bates will continue to preside over the capital murder case of a man charged in the 2011 asphyxiation deaths of a Springfield Township couple, the chief justice of the Supreme Court of Ohio ruled Friday.

In a seven-page opinion, Justice Maureen O'Connor denied the affidavit of disqualification filed by the lawyers of Cameo Pettaway. The affidavit had asked that Judge Bates be disqualified because he is the husband of Prosecutor Julia Bates and because of comments made during judicial orders.

Justice O'Connor disagreed. "A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions," she wrote, quoting case law. She added: "Those presumptions have not been overcome in this case."

Judge Bates declined to comment on the ruling but in a response to the initial filing, he called the request "a ploy for appeal" and noted the "11^th-hour" nature of the request, which was filed just weeks before Mr. Pettaway's initial trial date.

Mr. Pettaway, 22, of 133 Essex St. and co-defendant Samuel Williams, 24, of 1626 Kelsey Ave. are charged in the Jan. 31, 2011, asphyxiation deaths of Lisa Straub and Johnny Clarke. The pair were found bound by duct tape, with plastic bags over their heads, in the Longacre Lane home of Ms. Straub's parents.

Although a trial date was originally set for Tuesday, Judge Bates this week scheduled a new trial date in July, noting that the case was on hold pending the Supreme Court decision. The new trial date is July 17.

In her opinion, Justice O'Connor reviewed each of the claims made in the affidavit for disqualification filed May 14 by attorneys Merle Dech and Mark Geudtner. In particular, she noted the claim that Judge Bates used "incendiary" words in a judgment entry denying interim payment to a mitigation expert, in which he wrote that the fees were "a form of extortion upon the court."

"While Judge Bates' remark was ill-advised, it does not convey the impression that he has reached a 'fixed anticipatory judgment' that will prevent him from presiding over the case with an 'open state of mind … governed by the law and the facts,' " the opinion stated. "Moreover, affiants have offered no evidence that the judge's comments have caused a 'chilling effect' on their ability to mount a proper defense. The record before this court reflects that Judge Bates has approved three separate funding requests from the defense, for a total of $21,000."

Mr. Dech and Mr. Geudtner could not be reached for comment late Friday. Attorneys have in the past declined to comment on issues in the case, citing a gag order imposed by the court.

Mr. Pettaway's co-defendant, whose case has been assigned to Judge Dean Mandros, also appeared in court Friday. After a brief hearing, Judge Mandros scheduled a pretrial session Tuesday for Williams, when pending issues such as a new trial date are to be addressed.

Also noted in court was an issue arising from the recent discovery of a new witness, who might create conflict. Specifically, Judge Mandros said the witness is represented in unrelated criminal matters by John Thebes, who is one of Williams' attorneys. The judge asked that the issue be researched for potential conflict of interest and said it will be addressed at Tuesday's hearing.

[NightOwl]

SHIT!!!!!!!



http://lcapps.co.lucas.oh.us/obpublicacc...9b13665d4d

Older Than Dirt, there is no document found here. What is this?

[Older Than Dirt]

Nightowl, It was the court document stating that the trial for Pettaway is delayed until 7-17. It also mentioned that the issue had not been decided by the Supreme Court. I had just been on the Blade and didn't see what you just posted until I searched for it!!! I now know that those documents only open on Mock for a couple hours.

[Older Than Dirt]

Damn, I always check for myself after I post a link to see if it opens and it always does. I could go right now copy and paste it. I have no clue why it disappears from Mock. Also, I get several updates daily from the Supreme court.

[NightOwl]

Damn, I always check for myself after I post a link to see if it opens and it always does. I could go right now copy and paste it. I have no clue why it disappears from Mock. Also, I get several updates daily from the Supreme court.

Fascinating! I enjoy the information super highway to the world, who would dream updates from the Supreme Court it's amazing.

Toledo Blade had a saturday morning surprise, d505 will not be happy

[Older Than Dirt]

Nightowl, It's your duty to figure out who the new witness is that is being represented by Thebes. I don't care how you do it, just DO IT!!!!hahaha

[JsMom]

I can NOT wait for these trials to start!! I know it could take alot long though.

[Lady Cop]

toledo blade 5/26/12

Lucas County Common Pleas Judge James Bates will continue to preside over the capital murder case of a man charged in the 2011 asphyxiation deaths of a Springfield Township couple, the chief justice of the Supreme Court of Ohio ruled Friday.

In a seven-page opinion, Justice Maureen O'Connor denied the affidavit of disqualification filed by the lawyers of Cameo Pettaway. The affidavit had asked that Judge Bates be disqualified because he is the husband of Prosecutor Julia Bates and because of comments made during judicial orders.

Justice O'Connor disagreed. "A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions," she wrote, quoting case law. She added: "Those presumptions have not been overcome in this case."

Judge Bates declined to comment on the ruling but in a response to the initial filing, he called the request "a ploy for appeal" and noted the "11^th-hour" nature of the request, which was filed just weeks before Mr. Pettaway's initial trial date.

Mr. Pettaway, 22, of 133 Essex St. and co-defendant Samuel Williams, 24, of 1626 Kelsey Ave. are charged in the Jan. 31, 2011, asphyxiation deaths of Lisa Straub and Johnny Clarke. The pair were found bound by duct tape, with plastic bags over their heads, in the Longacre Lane home of Ms. Straub's parents.

Although a trial date was originally set for Tuesday, Judge Bates this week scheduled a new trial date in July, noting that the case was on hold pending the Supreme Court decision. The new trial date is July 17.

In her opinion, Justice O'Connor reviewed each of the claims made in the affidavit for disqualification filed May 14 by attorneys Merle Dech and Mark Geudtner. In particular, she noted the claim that Judge Bates used "incendiary" words in a judgment entry denying interim payment to a mitigation expert, in which he wrote that the fees were "a form of extortion upon the court."

"While Judge Bates' remark was ill-advised, it does not convey the impression that he has reached a 'fixed anticipatory judgment' that will prevent him from presiding over the case with an 'open state of mind … governed by the law and the facts,' " the opinion stated. "Moreover, affiants have offered no evidence that the judge's comments have caused a 'chilling effect' on their ability to mount a proper defense. The record before this court reflects that Judge Bates has approved three separate funding requests from the defense, for a total of $21,000."

Mr. Dech and Mr. Geudtner could not be reached for comment late Friday. Attorneys have in the past declined to comment on issues in the case, citing a gag order imposed by the court.

Mr. Pettaway's co-defendant, whose case has been assigned to Judge Dean Mandros, also appeared in court Friday. After a brief hearing, Judge Mandros scheduled a pretrial session Tuesday for Williams, when pending issues such as a new trial date are to be addressed.

Also noted in court was an issue arising from the recent discovery of a new witness, who might create conflict. Specifically, Judge Mandros said the witness is represented in unrelated criminal matters by John Thebes, who is one of Williams' attorneys. The judge asked that the issue be researched for potential conflict of interest and said it will be addressed at Tuesday's hearing.

[tlynne]

I wonder who the new witness is! Glad to hear judge Bates will continue to be on this case!

[koko]

Damn, I always check for myself after I post a link to see if it opens and it always does. I could go right now copy and paste it. I have no clue why it disappears from Mock. Also, I get several updates daily from the Supreme court.

Just a thought, you know how you have to first agree to the disclaimer before searching the dockets on the lucas county site? Maybe it has something to do with the (for lack of a better term..) usage agreements. I would suspect they only let the documents u find stay available for a certain amount of time. Kind of the same idea for if you're on your online banking and leave the computer, you come back and it tells you your session expired, and you have to log back in. I'm pretty sure you're not doing anything wrong.

[NightOwl]

I wonder who the new witness is! Glad to hear judge Bates will continue to be on this case!

Rival Pizza Robbery, Toledo, Ohio back in November 2011 BJ Snyder and his friend Jacob H robbed this place, BJ Snyder was sentenced to 30 months in prison Jacob was found not guilty Jacob had John Thebes for attorney.
Snyder is on Williams facebook page and Jacob and his kin are all behind Williams (sammy sosa) they want him free one of Jacob's kin called Williams "a gentle giant". Jacob sat in prison all of Thanksgiving 2011 and Christmas probably with Williams and Pettaway, so he wants his "nigga free" is it the term they use and maybe he has information as a witness to save his buddy IMO

The above is just my opinion. It could be some other crime robbery, drugs, etc., and someone else we've never heard of.

[NightOwl]

I am glad also Judge James Bates is still on the Cameo Pettaway case.

Some information on the first woman to become Supreme Court Chief Justice.


The Morning Journal
Serving Northern Ohio

OPINION

OUR VIEW EDITORIAL: O’Connor best choice for Ohio chief justice
Published: Wednesday, October 13, 2010

Prior to April 14, the race for Ohio Supreme Court Chief Justice was supposed to be between Associate Justice Maureen O’Connor, 59, a Republican, and Franklin County Probate Judge Eric Brown, 57, a Democrat.

That day, Gov. Ted Strickland appointed Brown as chief justice to fill the vacancy created by the death of Chief Justice Thomas A. Moyer on April 2.

Strickland was roundly criticized for his blatantly partisan decision, including by us. We had earlier recommended that the governor appoint a “caretaker” to non-politically fill the vacant seat. Instead, the governor picked Brown.

Both candidates have impressive public service backgrounds, but O’Connor has a more distinguished judicial record. She has served as Summit County Common Pleas Judge and Prosecuting Attorney, and Ohio lieutenant governor in addition to being elected associate justice in 2002 and 2008.

Brown also served as clerk of courts and as common pleas judge in Franklin County. He was assistant state attorney general under Lee Fisher and Betty Montgomery and was a member of the Mayfield school board.

However, Brown is the only one of four Supreme Court candidates in contested races not rated “highly recommended” by the Ohio State Bar Association, which rated him “recommended.”

Brown got his chief justice post because of Strickland’s poor judgment. O’Connor won her associate justice seat twice by convincing Ohio voters she was the most qualified candidate. The same holds true today.

We urge voters to elect Maureen O’Connor as Ohio’s first woman chief justice on Nov. 2.

[Adub]

I wonder who the new witness is! Glad to hear judge Bates will continue to be on this case!

Jacob sat in prison all of Thanksgiving 2011 and Christmas probably with Williams and Pettaway, so he wants his "nigga free" is it the term they use and maybe he has information as a witness to save his buddy IMO

The above is just my opinion. It could be some other crime robbery, drugs, etc., and someone else we've never heard of.

I'm thinking that the new witness to come forward is for the prosecution, and that it is confidential witness #3.

[queen bitch]

Adub... I hope you are right!!!!!!! JS....

[Adub]

Adub... I hope you are right!!!!!!! JS....

If I'm right, it still sucks because it means that #3 is an alleged criminal. But hey, #1 & #2 probably are too. At least the odds are in favor of that.

[Older Than Dirt]

I have to admit that's it's been a nice three days not haviing to constantly check to see what's going on with these cases! The only thing that I've been doing is checking to see what the lunatic is up to.(see Rantings thread) I might even get out on my jet boat.

[Lady Cop]

jet boat?? you have a jet boat? or a jet ski?

go mama!! whooo hoooooo

i want to go with you!

[gurl2323]

everyone prepared for some type of answers tomorrow , dont forget to tune in if you can im sure it will be on 13abc news at 12 and more at 5

[NightOwl]

everyone prepared for some type of answers tomorrow , dont forget to tune in if you can im sure it will be on 13abc news at 12 and more at 5

Cool of you to remind us!