The nightmare with the Clerks Office

I truly believe that a certain city that shall remain unnamed due to ongoing court proceedings, in Ohio, has serious flaws in their court system, sheriff's department, and mistakes are being made in the clerks office seriously affecting peoples lives. There is no accountability for faulty work, and mistakes. Everyone is quick to point the finger of balme instead of correcting these problems the ethical way. My hope is others will read this story and hopefully the same thing will not happen to you!  If it has, we have rights, use them!


On March 27, 2009, I became aware via certified mail from this city's courts, I had two capias warrants for my arrest. The first was a failure to appear in a child support case hearing naming my company in a failure to comply with a court order.  I was unaware I was obligated to attend. The second was for contempt of court in a custody case involving money still owed to a guardian ad lietem. Both were signed sealed and dated by the presiding judge and the clerk of courts office Jaunuary 29,2009. Being a responsible adult, I contacted the sheriff's department and asked what I needed to do to answer to the warrants. I negotiated a surrender date and time, with a SPECIFIC Deputy, for BOTH capias warrants and followed thru with my end to the letter.

Upon arrival at the county jail on April 2, 2009, the above mentioned deputy was to meet me at the jail and have my paperwork ready, so that the process could go as smoothly as possible. We were to have telephone contact that morning which we did, and also on my way to surrender which we also did. To my suprise, I was not met by said deputy and no one at the sheriff's office seemed to know anything about the arrangements we had made. It was one hour prior to shift change, and all very hectic. I was taken into custody, and was told that a bond had been set and it was as easy as getting to the clerks office before they closed. I was suprised, and cautious, due to the fact, I KNEW, that the second of the two capias was a contempt of court charge which mandated I appear in court. This was stated inside the doors leading into the actual jail and I was told at this time in front of a witness, by a male deputy, that the sheriff's office only had ONE warrant on file for me that was active. If there were more, the clerks office would have that information.  My witness was given directions to where the clerks office was located, and told she had thirty minutes to get there and pay the bond so that I was able to be released the same day, during first shift.

 I would like to make it very clear, the deputies on duty this day, and  the deputies that processed me on April 2, 2009 were very professional, understanding, curteous and kind to me. I feel that they did their jobs well, and I do not harbour any ill feelings towards them. If I were not afraid of reprecussions I would mention them by name, to express my gratitude.

The situation was referred to as a "cluster of jumbled information", by the deputy who began to process me. The computer showed yes, in fact there were two seperate open cases  and that it didn't make sense.
Concurrently my bond was being paid, and other things were happening at the clerk of courts office that were very unprofessional, rushed, and flat out incompetant. When my family member was trying to pay the bond, the clerk had to pull my file. In my case file was information on another person, and cases. A comment made about the fact that another persons information in my file was inappropriate from one clerk to another was witnessed by my family member.

There seemed to be two open cases but only one warrant. My family member then asked about both capias's specifically by charge, and was told that the sheriffs office would have another warrant if one existed. She told them that was the opposite of what the deputy had told her and the clerk stood adiment that there was only one active warrant that she could see.

Having seen what I was trying to express, the deputy processing me at this time actually called the clerk of courts office in front of me and asked that they fax over all the information just to double check everything. My family member was there to witness the exchange between the jail and the clerks office. After reviewing the information, the deputy had to call again and ask certain questions as to how to process me.

The clerk that handeled the transaction was leaving for the day, and I believe did not do her job because if that. She had been in such a hurry, that she offered my family member on the bottom of the bond receipt her name and personal cell phone number in case there were any problems. 

There were specific stipulations attached to the contempt capais that stated the guaridan ad lietem was to be notified upon my arrest. This was filed, granted and signed by the judge overseeing the case. For whatever reason, be it misplaced, misfiled, or put in another file such as someones information had been put in mine, the mistake was not caught after repeaditaly telling them of the multiple warrants. The bond was paid. No calls were made. The clerk faxed a copy of the bond reciept to the jail. The case number on the bond release was different than the case number I had the ACTIVE warrant. The deputy then called the clerk again, pointing this fact out, and was told that was the correct information process as listed. The deputy finished booking me, and released me.

After seeing I had been in custody in the local newspaper a few days later, the aboved mentioned guardian ad lietem, filed another motion to have yet another capias for contempt of court issued for my arrest, stating that the sheriff's department had inadvertantly released me, and that I should be arrested, and held until I was able to come infront of the court. Instead of researching what had happened the judge granted the second capias. This was filed with the clerk on April 9, 2009. Also on this date, someone from the clerks office went into the original records and transferred the bond that had been paid from the contempt of court charge dated April 2, 2009 to the failure to appear charge which I believe was an attempt to cover up the fact a serious error had occured in the clerks office.

Once I had  recieved notification on the new capias I IMMEDIATLY contacted the guardian.  She explained to me that it was a clerk's error most likely she wasn't sure, and I needed to address the problem with them. She refused to lift the warrant after I explained how, and what had happened the day I had been in custody, stating that I never should have been released therefore the warrant was good, and I would be arrested again.

This past Monday, April 27, 2009 I appeared at another hearing involving the above mentioned child support case, as a witness, and when I was leaving, I was arrested by no other than the original deputy I was to turn myslef in to. He was very rude. I was told in a crowded area of the County Department of Job and Family Services, to turn around and place my hands behind my back. For descression purposes, I asked to please not be cuffed until we reached the outside. I was not resisting in any way or denying the fact I had a warrant for my arrest. I told him that I believed this to be a mistake per conversation with my father who had stated he had talked the guardian three days prior into lifting the warrant under the provision he take responsibility if I fail to appear in court. A  hearing  had been set in the matter to go to court on Wednesday, April 29,2009.  He said I must be arrested and cuffed we could do it the easy way or by force. I turned around and said fine, but YOU know this is bullshit. I was referring to the fact having seen his name plate he was the deputy whom I had had several phone conversations with.

 I was not yelling, or violent, I was schocked truthfully that he was being so invasive, for a what I thought at the time to be a simple clerical mistake. I was at that time cuffed and instructed to shut my mouth or be charged with disorderly conduct. I did. He walked me down a hallway full of people where I did not speak, we turned two corners and were in an empty hallway in front of an elevator leading to the lobby. In the elevator we were alone. He began to taunt me, we exchanged words and the f word was used by me three times. I told him I was sueing the city and he laughed at me. The elevator doors opened and he grabbed my arms tightening the cuffs around my wrists. We walked thru the main lobby, and out the side door where a picnic area is. I told him that there was no need for him to be this way towards me, and I didn't deserve to be treated this way. He then stated that I had just earned my disorderly charge. I laughed at him and said, that I was well within my first ammendment rights. Conversations held in private such as the elevator where there were no witnesses as to what truthfully was said between us can not be used against me, as a basis of disorderly conduct. Under the freedom of speech and expression ammendment I know that as long as I am not drawing attention to myself by being vulgar, overly loud, offensive to innocent people, threatening anyone, or causing property damage I was not violating any laws. He informed me I was a prisoner now, and I had no rights. After this exchange, I reverted to every time he spoke I said, stop talking to me. Upon reaching his car he pulled at my shoulder causing me to loose my balance and slam my head into the door of the cruiser. It was 82 degrees this day, and he did not ventilate the rear of the cruiser at all on the transit to the jail. He continued to taunt me on the way to the jail.

I was irrate by the time I arrived at the County Jail for the second time, sweaty, in pain from not only the head wound but the fact the handcuffs were so tight.  I asked that he loosen them and I was told no. Upon escorting me inside the jail, he left me cuffed behind my back and sitting on a bench and the cuffs were so tight at this point my hands were going numb. I do admit I was very angry and now was not cooperating with him at all. Luckily, just about the time I was ready to scream something very profane at him I saw the deputy who had finished processing me and had released me initially. She recognized me immediatley. She was aware of the new warrant, after being contacted on or around the 9th of April and made aware of the mistake, and was floored it had actually been granted. Only until she realized in the official booking packet she had requested upon my arrival, the clerks office was saying it was a deputy's mistake did she look into the records more closely. She told the arresting Deputy what had happened, and he still maintained he was just doing his job, like he had no prior knowledge of the situation at all.   She immedialty uncuffed me and shackeld me to the floor which was a great relief.  Today, I still have noticable indentation marks and bruising upon my wrists showing how tight the cuffs had been for an extended period of time.  I have a lump on the side of my head almost the size of a softball, and I have similar marks on my ankles from walking in shackles up a hill around a block  on crowded city streets, during business hours while the deputy was transporting me to the court house.  She did however stop several times and readjust the shackles on my feet as to try and make it more comfortable for me to attempt to walk.  Needless to say, I remained detained until I was able to appear on the charge, at no point was the mistake brought into the proceedings, although I attempted to make the judge aware, as well as the deputy did, who had transported me herself to appear infornt of the court. This deputy whom had now processed me, on both days,  faces disciplanary action for releasing a prisoner with active warrants, but acording to the original records the actual contempt capias was not filed properly, nor was the bond processed properlly in the clerks department . This deputy went above and beyond to help me get into court and be released as quickly as possible. I owe her alot, and in hopes of winning a lawsuit, I pray she wins also.

The following day I was arraigned on disorderly conduct, inducing panic, and cease and desist charges. Of course I have plead not guilty and I am fighting this tooth and nail. I have every intention to sue the City  and from what I understand I might have a case. Lucky for me, unlucky for them, I have names, dates, times, and documentaion for everything I have written about except the events transpiring on the afternoon of my second arrest from the time he took me into custody and the time I arrived at the jail. I have filed an official complaint against this deputy, and I plan to see that out as far as possible.

These are all our tax dollars hard at work. All the time and effort they have spent on me, could have been used to do something worthwhile, truly productive, like fixing the outdated jail that within the past two years a few prisoners have been able to escape from. I believe, that the backwards old school way things are done there has left room for huge errors in the clerk's office to be made, without any accountability to the consequnces it causes people in their lives. I believe, the judges don't take the necessary time to evaluate situations before they make decisions, and I believe, a certain FEW deputies are power hungry, and borderline unfit to carry badges, they use excessive force when not warranted, and their lack of respect for individuals and their rights appalling. I know for a fact, having used to bartend at a bar where several deputies frequented, on several occasions multiple off duty deputies were drinking and subsequently leaving and driving very intoxicated. This type of behavior is not fair or lawful, and should not be allowed to continue. If I am to take accountability for my actions, with no explanation or proof I did any wrongdoing in this situation, shouldn't they be accountable for theirs?

The justice system as we all know has very large flaws and inconsistancies at every level. If we are being railroaded in our local court system, how does the government have any hope that the citizens of the United States have any faith in what they stand for!  Justice, truth, and whatever happened to INNOCENT until PROVEN guilty by a jury of my peers.  I have lost faith in this particular city and thank my lucky stars I am not a resident of this county.  I have been embarrassed, mistreated, missed work, and lost valuable time of my life sitting in a jail for something I thought had previously been resolved.  I understand that this is not considered double jeopardy, but there should be some provision for this type of situation that makes it impossible to be rearrested for a charge you have answered to and a clerk made an error.

I emplore with citizens in the state of Ohio, to stand up for our rights in local courts.  With no voices being heard this type of behavior will continue, and innocent peoples lives will continue to be violated and disturbed.  Errors happen, people make mistakes we are human. I would like to assume, it is the principle rule of ethics, that once there is acknowledgement of error, there should be the ethical duty as city and state officals to make sure that the problems are fixed, with minimal strain to the innocent victims, and not to point blame wherever they can and sweep information under the rug to protect their own jobs. 

Thank you for taking time to read about my story, and hopefully if you are ever involved in something similar this information will be helpful to make sure that this type of thing can not happen to you, or a member of your family.