assistant prosecutor littner f ^ l-e© city prosecutor ...prior to the jury trial, reverend john...

73
IN THE SUPREME COURT OF OHIO 08-0914 CITY OF CINCINNATI STATE OF OHIO Plaintiff-Appellee On Appeal from the Court of Appeals, First Appellate District, Hamilton County, Ohio vs. GREGORY FLANNERY, ELLEN DIENGER, BARBARA WOLF, and MARY JEGEN, Defendant-Appellants. Court of Appeals Case Nos. C-070248 C-070249 C-070250 C-070251 MEMORANDUM IN SUPPORT OF JURISDICTION OF APPELLANTS GREGORY FLANNERY, ELLEN DIENGER, BARBARA WOLF, AND MARY JEGEN SARAH E. MOORHOUSE (0080568) Arenstein & Gallagher 114 East 8th Street Cincinnati, Ohio 45202 (513) 651-5666 Fax. No. ( 513) 651-5688 COUNSEL OF RECORD FOR APPELLANTS ERNEST MCADAMS ( 0024959) City Prosecutor Jay G. Littner (0037179P) Assistant Prosecutor 801 Plum Street, Suite 226 Cincinnati, Ohio 45202 Telephone (513) 352-1565 Fax. No. (513) 352-5217 COUNSEL FOR APPELLEE, CITY OF CINCINNATI F ^ L-E© MAY i ? 20Q6 ialaC9K (ir CnuRT SuPREMIE COUR4

Upload: others

Post on 27-Sep-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

IN THE SUPREME COURT OF OHIO

08-0914CITY OF CINCINNATISTATE OF OHIO

Plaintiff-Appellee

On Appeal from theCourt of Appeals,First Appellate District,Hamilton County, Ohio

vs.

GREGORY FLANNERY,

ELLEN DIENGER,

BARBARA WOLF,

and

MARY JEGEN,

Defendant-Appellants.

Court of AppealsCase Nos. C-070248

C-070249C-070250C-070251

MEMORANDUM IN SUPPORT OF JURISDICTION OF APPELLANTSGREGORY FLANNERY, ELLEN DIENGER, BARBARA WOLF, AND MARY

JEGEN

SARAH E. MOORHOUSE (0080568)Arenstein & Gallagher114 East 8th StreetCincinnati, Ohio 45202(513) 651-5666Fax. No. (513) 651-5688COUNSEL OF RECORD FOR APPELLANTS

ERNEST MCADAMS (0024959)City ProsecutorJay G. Littner (0037179P)Assistant Prosecutor801 Plum Street, Suite 226Cincinnati, Ohio 45202Telephone (513) 352-1565Fax. No. (513) 352-5217COUNSEL FOR APPELLEE, CITY OF CINCINNATI

F ^ L-E©MAY i ? 20Q6

ialaC9K (ir CnuRTSuPREMIE COUR4

Page 2: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

TABLE OF CONTENTS

WHY THIS CASE IS OF PUBLIC OR GREAT GENERAL INTEREST, INVOLVES ASUBSTANTIAL CONSTPI'[1TIONAL QUESTION, AND WHY LEAVE TO APPEALSHOULD BE GRANTED . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Authorities:U.S. Const. Amend. VI .................................. .......................1State v. Jones, 1999 Ohio App. LEXIS 6026 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1Waller v. Georgia (1984), 467 U.S. 39, 104 S. Ct. 2210, 81 L. Ed. 2d 31 . . . . . . . . . . . . . . . . . . .2State v. Unger (1986), 28 Ohio St. 3d 418, 504 N.E.2d 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2State v. Sanders (1998), 130 Ohio App. 3d 92, 719 N.E.2d 619, appeal denied (1999), 84 OhioSt. 3d 1472, 704 N.E.2d 579 ......................................................2

PROCEDURAL POSTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Authorities:U.S. Const. Aniend. I ........................................................... 4R.C. 2901.01(A)(12) ............................................................4City of Clevelandv. Sundermeier (1989), 48 Ohio App.3d 204 . . . . . . . . . . . . . . . . . . . . . . . . . . 4City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . . 4City ofKettering v. Beny (1990), 57 Ohio App.3d 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

PROPOSITION OF LAW NO.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

THE FIRST DISTRICT COURT OF APPEALS ERRED BY FINDING THAT DIENGER,FLANNERY, JEGEN AND WOLF WERE NOT DEPRIVED THEIR CONSTITUTIONALRIGHT TO A PUBLIC TRIAL WHEN THE TRIAL COURT COMPLETELY CLOSED TIECOURTROOM TO THE PUBLIC.

Authorities:State v. Sanders, (1998) 130 Ohio App.3d 92; 719 N.E.2d 619; 1998 Ohio App. LEXIS 4425. 5

PROPOSITION OF LAW NO. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

THE FIRST DISTRICT ERRED WHEN IT FOUND SUFFICIENT EVIDENCE TO CONVICTELLEN DIENGER, GREGORY FLANNERY, SISTER MARY JEGEN AND BARBARAWOLF OF CRIlVIINAL TRESPASS. THE STATE FAILED TO PROVE EACH AND EVERYELEMENT OF THE CHARGED OFFENSE BEYOND A REASONABLE DOUBT.

Authorities:Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781 (1979) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7State v. Sorgee, 54 Ohio St.2d 264, 377 N.E.2d 782 (1978) . . . . . . . . . . . . . . 1.11 . . . . . . . . . . . 7State v. Smith (1997), 80 Ohio St.3d 89, 113, 1997 Ohio 355, 684 N.E.2d 668 .............. 7

Page 3: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

R.C.2911.21 ..................................................................8State v. Newell (1994), 93 Ohio App.3d 609, 639 N.E.2d 513 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Beachwood v. Cohen (1986), 29 Ohio App.3d 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8RC.2901.01(A)(12) ............................................................8City of Cleveland v. Sundermeier ( 1989), 48 Ohio App.3d 204 . . . . . . : . . . . . . . . . . . . . . . . . . . 8City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . . 8City ofKettering v. Berry (1990), 57 Ohio App.3d 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Issue Presented for Review .......................................................9

The State Failed to Prove Dienger. Flannery Jegen and Wolf Knowingly Remained onthe Land of Congressman Steve Chabot Without Privileae

Issue Presented for Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

The State Failed to Prove Dienger, Flannerv. Jegen and Wolf Knowingly Remained onthe Land of Congressman Steve Chabot Absent Necessity

Authorities:R.C.2911.21 .................................................................10R.C.2901.01(A)(12) ............................................................10City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . 10

PROPOSITION OF LAW NO. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

DIENGER, FLANNERY, JEGEN AND WOLF WERE DENIED THEIR CONSTITUTIONALRIGHT TO A FAIR TRIAL WHEN THE FIRST DISTRICT COURT OF APPEALS FOUNDTIHE JURY WAS PROPERLY INSTRUCTIONED ON NECESSITY.

Authorities:RC.§ 2945.11 ...............................................................11State v. Cotton (1996), 1996 Ohio App. LEXIS 3389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11R.C.2911.21 .................................................................11City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . 11City ofKettering v. Berry (1990), 57 Ohio App.3d 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PROPOSITION OF LAW NO. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

THE FIRST DISTRICT ERRED WHEN IT PRESUMED REGULARITY IN THESENTENCES OF DIENGER, FLANNERY, JEGEN AND WOLF.

Authorities:State v. Siemer, 2007 Ohio 4600; 2007 Ohio App. LEXIS 4142 . . . . . . . . . . . . . . . . . . . . . . . .13State v. Adams ( 1980), 62 Ohio St. 2d 151; 404 N.E.2d 144; 1980 Ohio LEXIS 710; 16 OhioOp.3d 169; 16 A.L.R4th 344 ......:............................................13

iii

Page 4: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Conclusion .............................................................. 14

Certificate of Service ................................. ...................... 14

Appendices, attached ...... Opinion and Entry of First District Court of Appeals,March28, 2008for Appellate Numbers C-070248, C-070249, C-070259, and C-070251

Judgment Entry 06/CRB/38496Judgment Entry 06/CRB/38497Judgment Entry 06/CRB/38498Judgment Entry 06/CRB/38499

iv

Page 5: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

WHY THIS CASE IS OF PUBLIC OR GREAT GENERAL INTEREST, INVOLVES ASUBSTANTIAL CONSTITUTIONAL QUESTION, AND WHY LEAVE TO APPEALSHOULD BE GRANTED.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.'

Conscious of the notorious practices in Europe of an arrest, trial, sentence and imprisonment

with no public, no description of the proceedings, no media and no account of the case in court

records, the framers of the United States Constitution sought to shed light on the trial process to

allow for the fair, unprejudiced workings of the nation's judicial system by guaranteeing a

defendant the right to a public trial.

This case raises a substantial constitutional question because the right to a public trial is

fundamental yet simple. Very little analysis is needed to understand its clear mandate. Yet the

First District Court of Appeals seemed confused as it imposed on the Appellants the affirmative

duty to demonstrate, "that a courtroom is completely closed to all members of the public" before

error can be found. The First District erred when it held the Defendants to this standard and

found the Defendants had not affirmatively shown the courtroom was completely closed to all

members of the public.

The First District cited its decision in State v. Jones2 as controlling because the Peace

advocates had not shown the courtroom was completely closed. Yet this finding clearly

contradicts the trial court statement that the limit on the total number of people allowed in the

courtroom had been exceeded simply by the prospective jurors and the court would not stretch it

any further by letting any members of the public in.

The First District's decisions in Jones and this case raise an important and substantial

constitutional question. If the right to a public trial is so fundamental that a criminal defendant is

United States Amend. VI.2 1999 Ohio App. LEXIS 6026

1

Page 6: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

not required to show specific prejudice to obtain relief from a violation, imposing an affirmative

burden as the First District did in Jones and here is improper.

No longer are the factors enumerated below important.3 Now a defendant must

demonstrate whether a courtroom was completely closed or only partially closed and if only

partially closed a defendant must create a detailed record with the actual number of public

permitted or excluded from the courtroom and why.

The peace advocates acted with privilege to engage their representative in a conversation

about ending a terrible war. Beyond the war debate, the State is still required to present

sufficient evidence to satisfy every element of criminal trespass and failed to do so. These

convictions raise a substantial constitutional question, the resolution of which is a question of

great public interest because there was insufficient evidence to find the Peace advocates

committed criminal trespass.

Procedural Posture

Ellen Dienger, Gregory Flannery, Sister Mary Jegen and Barbara Wolf are citizens, peace

advocates, peacemakers, and war protestors. When they refused to leave Unites States

Congressman Steve Chabot's Cincinnati office, they were forcibility removed and charged with

criminal trespass. Following a jury trial, each was found guilty of one count of criminal trespass

on March 13, 2007 4 Each was sentenced to one day in the Justice Center, costs, six month of

community control supervision and 20 hours of community service.5

3 See Waller v. Georgia (1984), 467 U.S. 39, 45, 104 S. Ct 2210, 2215, 81 L. Ed. 2d 31; State v. Unger (1986), 28Ohio St. 3d 418, 421-422, 504 N.E.2d 37, 40; State v. Sandas (1998), 130 Ohio App. 3d 92, 97-98, 719 N.E.2d 619,622-623, appeal denied (1999), 84 Ohio St 3d 1472, 704 N.E.2d 579.° T.d. 17a, 24a, 25a and 25a respectively.SId

2

Page 7: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the

charge of criminal trespass and was sentenced to one day in the Justice Center, costs and 20

hours of community service.b

The citizens appealed to the First District Court of Appeals. The First District affirmed

the conviction. See Appendix, March 28, 2008, Opinion and Judgment Entry of First District

Court of Appeals, attached.

Statement of the Case

On September 27, 2006, four heroic symbols of dissent, Ellen Dienger, Gregory

Flannery, Sister Mary Jegen and Barbara Wolf attempted to present a Declaration of Peace to

their legislative representative, Steve Chabot. The purpose of this Declaration was to help

engage Congress more immediately, more directly and hopefully more constructively in bringing

the war to an end. 7

The Declaration, already pending in Congress, was a list of specific legislation in support

of placing a timeline on troop withdrawal.8 With the support of a nation-wide effort, the

peacemakers approached Chabot's office to request a dialogue and hopefully his signature. 9

They did not expect lives to be saved the next day, but believed it could hasten the end of the

war io

They had tried for months to gain a response from Chabot. They voted, wrote letters,

made phone calls, e-mailed, held prayer vigils, hung banners, fasted and attended peace rallies.u

It was never enough. Everyday their efforts failed the casualties of war mounted. The moment

6 T.p. 13.' T.p. 451.8 T.p. 484.9 T.p. 405.lo T.p. 441-442." T.p. 399, 409, 462 and 489.

Page 8: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

came when it was necessary to place the'u lives on the line if their nation was to survive its own

folly, if the casualties of war were to stop and peace was to return.12

Relying on the right to free speech, the right of the people peaceably to assemble, and to

petition the government for a redress of grievances,13 a representative constituent relationship1a

and necessity of preventing a greater harm; 15 the peacemakers entered Chabot's Cincinnati office

and requested a meeting.16 They were informed by Beth Bryan, the Congressman's scheduler,

that the Congressman was in Washington D.C." and it was unknown when he would return.ls

She further explained the Congressman could be in session until 2 A.M. She offered to fax the

Declaration to the Washington office and told the peacemakers Chabot was aware they were

present.19

Believing the Congressman was aware of their presence and the last legislative session

until January might last until 2 A.M., the peacemakers continued to wait for a response.20 As it

approached 5 P.M. Ms. Bryan asked the peacemakers to leave because she felt uncomfortable

leaving them alone in the office with access to files.21

Relying on Sister Mary Jegen's experience working for a congressional representative

they decided to wait. Sister Mary Jegen knew that while legislators are very busy, they often

come in and out of meetings for important things.22

12 T.p. 399, 409, 411, 441 and 485." U.S. Const. Amend. I.la RC. 2901.01(A)(12).'s City ofCleveland v. Sundermeier (1989), 48 Ohio App.3d 204, 207; Ciry of Columbus v. Andrews (Feb. 27, 1992),1992 WL 41243; City of Kettering v. Berry ( 1990), 57 Ohio App.3d 66, 68.16 T.P. 364.1vIa

ts T.p. 366,'9 T.p. 366.

T.p. 403.T.p. 467.

22 T.p. 495-496.

4

Page 9: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Eventually, Ms. Bryan called the police and asked the peace advocates to leave to avoid

being arrested.23 Having no indication Congressman Chabot had gone home for the night and

not in receipt of a response to their Declaration, they continued to wait 24 The police arrived at 8

P.M. and arrested the citizens for criminal trespass.25

PROPOSITION OF LAW NO.1

THE FIRST DISTRICT COURT OF APPEALS ERRED BY FINDING THAT DIENGER,FLANNERY, JEGEN AND WOLF WERE NOT DEPRIVED TIEIR CONSTITUTIONALRIGHT TO A PUBLIC TRIAL WHEN THE'TRIAL COURT COMPLETELY CLOSED THECOURTROOM TO TBE PUBLIC.

The Sixth Amendment to the United States Constitution and Article I, Section 10 of the

Ohio Constitution guarantee the right to a public trial. The right of the public to attend criminal

trials is also implicit within the guarantees of the First Amendment 26 Despite the First District's

belief, the right to a public trial is so important that a criminal defendant is not required to show

specific prejudice to obtain relief from the constitutional violation.27

In closing a trial proceeding, the court must consider (1) whether there is an overriding

interest that is likely to be prejudiced if the courtroom is not closed and (2) whether there are

reasonable alternatives available that will protect that interest yet preserve a defendant's

constitutional right to a public trial; in addition to making (3) an order that is not broader than

necessary to preserve the stated interest and (4) adequate findings to support the closure.Z$ The

trial court erred when it excluded all members of the public from the peace advocate's trial.

23 T.p. 369.24 T.p. 502-503.u T.p. 371 and State's Exhibit 1.26 State v. Sanders, (1998) 130 Ohio App.3d 92; 719 N.E.2d 619; 1998 Ohio App. LEXIS 4425 (citing State ex rel.The Repository, Div. ofThompson Newspapers, Inc. v. Unger (1986), 28 Ohio St 3d 418, 420, 28 Olrio B. 472, 504N.E.2d 37).Z' Id (citing Waller v. Georgia (1984), 467 U.S. 39, 49; 104 S. Ck 2210, 2217; 81 L. Ed. 2d 31).28 Id.

5

Page 10: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Members of the public attempted to enter the courtroom during voir dire.29 The trial

court refused all members of the public entry. Appellants objected to the exclusion of the public

under the Sixth Amendment to the United States Constitution and Article I, Section 10 of the

Ohio Constitution and suggested the trial be moved to an available, larger and unoccupied

courtroom.3o

The trial court explained its decision to exclude all members of the public from the trial

"because the State Fire Marshal has put a limit on the number of people that can be in this room,

and with all of the prospective jurors, we are already over that number, and I am not going to

stretch it any further."31 This clearly indicates on the record the only people in the courtroom

outside the parties and court staff were the prospective jurors. Appellants again requested the

trial be moved to the available spaces in the courthouse which could acconunodate a larger

audience.32 The trial court refuseid 33

On this record it cannot be said that even if the complete exclusion of the public was

necessary to protect an overriding interest such as occupancy limits, that there were no viable

altematives to the exclusion or the order was narrow enough to protect an overriding interest.

There were a number of larger courtrooms available for the trial courts use. The trial court failed

to consider available altematives, narrowly tailor the closure order or make the requisite

findings.

The First District Court of Appeals found the peace advocates failed to affirmatively

demonstrate the courtroom was completely closed to all members of the public. Not only is this

an improper burden, a niindful review of the proceedings demonstrates the burden was met and

Z' T.p. 133.30 Id.31 T.p. 134 (emphasis added).3z jd

"ra

6

Page 11: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

every member of the public was excluded. As stated previously the limits on the number of

people had been excluded simply by all the prospective jurors and the court would not stretch it

any further by letting the any members of the public in.

PROPOSITION OF LAW NO. 2

THE FIRST DISTRICT ERRED WHEN IT FOUND SUFFICIENT EVIDENCE TO CONVICTELLEN DIENGER, GREGORY FLANNERY, SISTER MARY JEGEN AND BARBARAWOLF OF CRIlI4INAL TRESPASS. THE STATE FAILED TO PROVE EACH AND EVERYELEMENT OF THE CHARGED OFFENSE BEYOND A REASONABLE DOUBT.

Due Process requires "no person shall be made to suffer the onus of a criminal conviction

except upon sufficient proof."34 "The relevant question is whether, after viewing the evidence in

the light most favorable to the prosecution, a rational trier of fact could have found the essential

elements of the crime beyond a reasonable doubt."35 Since the claim of insufficiency invokes a

due process inquiry, it raises a question of law, the resolution of which does not allow the

reviewing court to weigh the evidence.36

Likewise, Ohio Crim. R. 29(A) provides "the court on motion of a defendant or on its

own motion, after the evidence on either side is closed, shall order the entry of a judgment of

acquittal of one or more offenses cbarged in the indictment, information, or complaint, if the

evidence is insufficient to sustain a conviction of such offense or offenses." The standard of

review for a denial of a Crim. R. 29(A) motion to acquit is the same as the standard of review for

sufficiency of the evidence.

The state's evidence was not sufficient to go to the jury or legally sufficient as a matter of

law to support the jury verdict.37 Even after viewing the evidence at the close of the State's case

34 Jackson v. Virginia, 443 U.S. 307, 316, 99 S. Ct 2781, 2787 (1979).3sld.at319.'6 State v. Sorgee, 54 Ohio St.2d 264, 377 N.E.2d 782 (1978).3' State v. Smith (1997), 80 Ohio St.3d 89, 113, 1997 Ohio 355, 684 N.E.2d 668.

7

Page 12: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

in chief 8 and at the close of all evidence39 in a light most favorable to the prosecution, a rational

trier of fact could not have found the essential elements of the crime proven beyond a reasonable

doubt.40

Criminal trespassing requires the state to prove the peace advocates, without privilege to

do so, knowingly remained on the land of Congressman Steve Chabot "' Proof the accused was

without privilege to enter or remain upon the subject property is an essential element of

trespass.42 "Privilege" means an immunity, license, or right conferred by law, bestowed by

express or implied grant, arising out of status, position, office, or relationship, or growing out of

necessity.43

Necessity provides a justification or excuse for criminal conduct when the accused acts

under the force of extreme circumstances to prevent a greater harm from occurring. Because

necessity falls within the definition of privilege the state bears the burden of proving the essential

element of absence of necessity.44 The common-law elements of the defense of necessity are: (1)

the harm must be committed under the pressure of physical or natural force, rather than human

force; (2) the harm sought to be avoided is greater than (or at least equal to) that sought to be

prevented by the law defining the offense charged; (3) the actor reasonably believes at the

moment that his act is necessary and is designed to avoid the greater harm: (4) the actor must be

without fault in bringing about the situation; and (5) the harm threatened must be imminent,

leaving no alternative by which to avoid the greater harm.45

's T.p. 386-392.39 T.p. 514.40 SSnith, 80 Ohio St3d at 113.41 R.C. 2911.21.42 State v. Newell (1994), 93 Ohio App.3d 609,639 N.E.2d 513; Beachwood v. Cohen (1986), 29 Ohio App.3d 226,232.43 RC. 2901.01(A)(12) (emphasis added).44 Andrews, 1992 WL 41243.45 Sundermeler, 48 Ohio App.3d 204; Andrews, 1992 WL 41243; Ketterrng, 57 Ohio App.3d 66..

8

Page 13: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Issue Presented for Review

The State Failed to Prove Dienger Flannery Jegen and Wolf KnowinglXRemained onthe Land of Congressman Steve Chabot Without Privilege

The only evidence the state presented for the requisite "without privilege" was the

testimony of Ms. Bryan, Congressman Chabot's scheduler, and the police videotape. Both failed

to show that either Ms. Bryan or the police had the authority to revoke the citizens' privilege and

exclude them from the premises.

Ms. Bryan was the Congressman's scheduler and did not have authority to close the

office. She did not try to contact the Congressman on this day to get his authority to revoke their

privilege to be in his office.46 Nor did the State present the testimony of any stafl'with the

authority to close the office.47 Finally, the identified victim, Steve Chabot, did not testify he ever

revoked the privilege of his constituents to remain in his office or give his staff or the police the

authority to close the office.

Dienger, Flannery, Jegen and Wolf entered and remained on the land of Representative

Steve Chabot with privilege. Steve Chabot's office is a public place, paid for by taxpayer dollars

and used by a democratically elected representative of the people. The peace advocates had

privilege to enter and remain in Congressman Chabot's office through the guarantees of the First

Amendment of the United States Constitution, and their congressperson-constituent relationship.

The First District did not address the other manners in which privilege may arise in its

judgment entry. The appellate court focused their discussion of the argument of lack of privilege

on whether the citizens acted out of necessity. While the State failed to prove the citizens acted

without necessity, the State also failed to prove they were not acting through right conferred by

law, bestowed by express or implied grant, arising out of status, position, officer, or relationship.

T.p. 382.47 T.p. 374.

9

Page 14: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Issue Presented for Review

The State Failed to Prove Dienger Flannerv Jegen and Wolf Knowinglv Remained onthe Land of Congressman Steve Chabot Absent Necessity

The State presented no evidence Dienger, Flannery, Jegen and Wolf acted absent

necessity. Criminal trespass requires the state prove beyond a reasonable doubt Appellants acted

without privilege.48 Privilege can grow out of necessity.49 Therefore, the state is required to

prove Protestors acted absent necessity.50

Appellants presented testimony their actions grew out of necessity. They exhausted

every option available. They voted, wrote letters, made phone calls, e-mailed, held prayer vigils,

hung banners, fasted and attended peace rallies.51 Over 500 Iraqi lives and over 20 United States

soldiers were dying everyday.52 Veterans came back suffering Post Traumatic Stress Disorder

and depression and essential City of Cincinnati services were being reduced or eliminated as a

direct result of the funding used for the war in Iraq.53 The harm avoided by asking Congressman

Chabot to sign a Declaration of Peace is greater than the harm sought to be prevented by the

criminal trespass law.

Dienger, Flannery, Jegen and Wolf reasonably believed at the moment of their decision

to wait for Congressman Chabot their act was necessary to avoid continued human death. They

had made every attempt to meet and speak with Congressman Chabot and now were not

responsible for bringing about the situatiom The continued harm to Americans and Iraqis was

imminent, leaving no altemative by which to avoid the greater harm. It was the last day of the

'8 RC. 2911.21.49 RC. 2901.01(A)(12).so Andrews^ 1992 WL 41243.51 T.p. 399, 409, 462 and 489.12 T.p. 497.s' T.p. 394-395.

10

Page 15: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

legislative session until January. If nothing was done on this day thousand of additional lives

would be lost.

The First District Court of Appeals and the trial court erred to the prejudice of Dienger,

Flannery, Jegen and Wolf by finding the evidence was legally sufficient to go to the jury or

legally sufficient as a matter of law to support the jury verdict of guilty.

PROPOSITION OF LAW NO. 3

DIENGER, FLANNERY, JEGEN AND WOLF WERE DENIED THEIR CONSTTTUTIONALRIGHT TO A FAIR TRIAL WHEN THE FIRST DISTRICT COURT OF APPEALS FOUNDTHE 7URY WAS PROPERLY INSTRUCTIONED ON NECESSITY.

In charging the jury, the court must state to the jury all matters of law necessary for the

information of the jury in giving its verdict.54 Reversible error occurs when the defendants are

prejudiced by the court's instruction.55 The Peace advocates were prejudiced by the court's

instruction in two ways.

First, the trial court, over Appellant's objection,56 instructed the jury "the exercise of a

moral judgment based upon individual religious or philosophical standards does not carry with it

legal justification or immunity from violating those reasonable restrictions by remaining on the

property „"

This instruction prejudiced Appellants by creating unnecessary confusion in the jury's

ability to ascertain the existence of privilege and necessity. The state had the burden of proving

lack of privilege58 and absence of necessity.59 The instruction conveys to the jury there can be

54 RC. § 2945.11; State v. Catton (1996), 1996 Ohio App. L,EXIS 3389.5s Cotton, 1996 Ohio App. LEXIS 3389 (citing RC. 2945.83(D); Crim.R 33(E)(4)).56 T.p. 528.57 T.p. 607.58 RC. 2911.21.59 Ancirews, 1992 WL 41243.

11

Page 16: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

no moral, religious, or philosophical basis for remaining on property in an effort to exercise First

Amendment rights.

While Appellants acted with privilege and out of necessity they also acted out of their

moral, religious and philosophical beliefs. Acting with privilege and out of necessity and moral,

religious and philosophical beliefs are not mutually exclusive. This instruction prejudiced

Appellants' right to a fair trial by creating unnecessary confusion.

Second, the trial court, over Appellant's objection,60 instructed the jury "Necessity exists

only when the act of remaining on the premises is done first, under the pressure of harm from a

physical or natural forces such as a storm or contagious disease and not when the harm sought to

be avoided arises from human conduct such as govemmental policy."61 These instructions

prejudiced Appellant's right to a fair trial by incorrectly stating the law and creating unnecessary

confusion.

The trial court commented the definition of necessity is derived from Kettering62 which

specifically comments on the harm arising from human conduct.63 However, the trial courts and

the First District's extension of Ketterfng to a political protest case is improper and incorrect.

Kettering addressed the use of a necessity defense in criminal trespass charges resulting from

abortion protests.64 Nowhere in the opinion from the Second Appellate District does it establish

the harm sought to be avoided cannot arise from governmental policy.65

The instruction relieved the state of its burden to prove the absence of necessity. It

prevented the jury from properly considering necessity within the definition of privilege by .

60 T.p. 528.61 T.p. 607.62 Kettering, 57 Ohio App. 3d 66.63 T.p. 529-530.6" Kettering, 57 Ohio App. 3d 66.6' ia

12

Page 17: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

essentially instructing the jury necessity was unavailable because Dienger, Flannery, Jegen and

Wolf were protesting the Iraq war, a government policy.

PROPOSITION OF LAW NO. 4

THE FIRST DISTRICT ERRED WHEN IT PRESUMED REGULATIRY IN THESENTENCING OF DIENGER, FLANNERY, JEGEN AND WOLF.

The severity of a sentence imposed in conformity to the law by the trial court cannot

stand if it is an abuse of discretion.66 An abuse of discretion connotes more than an error of law

or of judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable."67

The imposition of a more severe sentence on the Dienger, Flannery, Jegen and Wolf because

they exercised their constitutional right to a trial by jury was unreasonable, arbitrary and

unconscionable.

Prior to the jury trial, Reverend John Rich pled no contest to the charge of criminal

trespass and was sentenced to one day in the Justice Center, costs and 20 hours of cortununity

service through the probation department.68 On March 13, 2007, after exercising their

constitutional right to a trial by jury and being found guilty of the same charge with the same

facts as Reverend Rich; Dienger, Flannery, Jegen and Wolf were sentenced to one day in the

Justice center, costs, six month of community control supervision and 20 hours of community

service.69

There was no basis for the trial court to impose six months of conununity control

supervision on Dienger, Flannery, Jegen and Wolf and not on Reverend Rich. Each Appellant is

an upstanding member of society, fully employed with no prior records. The only apparent

66 State v. Siemer, 2007 Ohio 4600; 2007 Ohio App.1.EXIS 4142 (citing SYate v. Williams (1982), 7 Ohio App.3d160, paregraph two of the syllabus).6' Stata v. Adams (1980), 62 Ohio St. 2d 151; 404 N.E.2d 144; 1980 Ohio LEXIS 710; 16 Ohio Op. 3d 169; 16A.L.R4th 344`' T.p. 13,69 T.d. 17a, 24a, 25a and 25a respectively.

13

Page 18: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

difference between Rich and Appellants is Rich pled and the Appellants exercised their

constitutional right to trial by jury. The trial court abused its discretion by imposing a trial tax on

Dienger, Flannery, Jegen and Wolf, impermissibly punishing them for exercising their

constitutional right to a trial by jury and the First District erred by presuming regularity despite

language of clearly different sentences.

CONCLUSION

Based on the foregoing, Ellen Dienger, Gregory Flannery, Sister Mary Jegen and Barbara

Wolf requests this Court accepts jurisdiction and grant leave to appeal.

Respectfully subnritted,

kav^ J ^ uo^k " waka&.4-g- ^^(o"Ravert J. Clark (0042027) t William R. Gallagher (0064683) ^114 East 8a` Street Arenstein & GallagherCincinnati, Ohio 45202 114 East 8's StreetTelephone: (513) 587-2887 Cincinnati, Ohio 45202Telecopier: (513) 621-2525 Telephone: (513) 651-5666

Telecopier: (513) 651-5688

p"t,'1aO ^^E. Moorjibu (0080568)

Arenstein & ryallagher114 East 8's StreetCincinnati, Ohio 45202Telephone: (513) 651-5666Telecopier: (513) 651-5688

SC61X Pl-Scott R an Nazzarine (0079819)ySirkin, Pinales & Schwartz LLP105 West Fourth Street, Suite 920Cincinnati, Ohio 45202Telephone: (513) 721-4876Telecopier: (513) 721-0876

CERTIFICATE OF SERVICE

I certify a copy of the foregoing Memorandum in Support of Jurisdiction was served on

City of Cincinnati Prosecuting Attomey on thew8 day of May, 2008, by United States mail.

ho 1se (0080568)

14

Page 19: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

IN THE COURT OF APPEALS^n77704R(.t*

FIRST APPELLATE DISTRICT OF OHIO

HAMILTON COUNTY, OHIO

CTFY OF CINCINNATI, APPEAI. NOS. C-070248C-a7o249

PlaintifF Appellee, . C-070260C-070251

VS.

GREGORY FLANNERY,

ELLEN DIENGER,

BARBARA WOLF,

and

MARYJEGEN,

Defendants-Appel lants.

Criminal Appea]s From: Hamilton County Municipal Court

Judgments Appealed From Are: Affirmed

Date of Judgment Entry on Appeal: March 28, 2008

MAR 2 8 ZU08

COURT OF APPEALS

Julia L. Mc1Vei1, City Solicitor, Ernest F. McAdams, Jr., City Prosecutur, and Jay G.Littner, Assistant City Frosecutor, for Plaintiff-Appellee,

Wilfiam R. Gallagher, Sarah E. Moorhouse, Ravert J. Clark, and Scott RyanNazzarine, for Defendants-Appellants.

TRIAL NOS. o6CRE-38496o6CRB-38497o6CRB-3849806CRB-38499

DECISION.PRESEIYFED TO THE CLERK

OF COURTS FOR F1UNG

Note: We have removed this case from the accelerated caiendar.

Page 20: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

OI3IO FIRST DISTRICT COLJRT pF APPEA.IS

HJElvnox; Judge.

{¶I} Appellants were war protestors. Each refuserl, to leave United States

Congressrnan Steve Chabot's Cincinnati office morethan two hours after it had been

dosed to the public on the grounds that they ivanted Chabot to sign the "Declaration of

Peace," a document-expressing support for a speedy end to thc war in Iraq. Chabot was in

Washington, D.C., at the time.

M2} Before caâing the police to forct'6ly remove the protestors, a member of

Chabot's staff warned the group that the office closed to the public at 5:0o p.m. and asked

them to leave several times. The police arrived around S:oo p.ni. and arrested.the

protestors.

{¶3} Following a jury trial, each was found guilty of one count of criminal

trespass. T'he trial court sentenced each appellant to one day in jail, with credit for time

served, 2o hours of conununity service, and six months' community control. This appeal

followed.

State of the Evidence

(14) In their first and fifth assignments of error, appellants assert that their

convictions were against the weight and sufficiency of the evidence. They ivere not.

(15) The criminal-trespass statute provides, "No persori, without privilege to do

so, shall "** knowingly enter or remain on the land or premises of another.°, Appellants

assert that the state failed to prove a lack of privilege.2 "Privilege" is defined as "an

immunity, license, or right conferred by law, bestowed by express or implied grant, arising

out of status, position, ofFice, or relationship, or growing out of necessity."3

RC. 2911.12(A)(1).2 See State v, Elstun, ist Dist. No. C-1o4o3, 2002-Ohio-2o98; Sfate v. Newell (1994), 93 OhioApp.3d 6og, 611, 639 N.E.2d 513•s RC. 2901.01(B)(12).

2

Page 21: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

OHIO FIRST DISTRICT COURT OF APPEALS

{16} '. AppeDants specifically assert that they were privileged to remain in

Chabot's office out of "neeessity" because they were attempting to end the war in Iraq: In

part, "necessity" excusps a criminal act where the harm that would result from compliance

with a law is greater, or at least equal to, the harm that would result from violating that

law.4 Where the harm sought to be avoided is created by human conduet, as in this case,

that harm must be recognized a.s illegal. Moral objection to human conduct does not

auffiee.5

{¶7} The state presented evidence that the protestors had remained in Chabot's

office after it had closed to the public because they were morally opposed to the war and

believed that they could hasten its end. But the harm the protestors sought to, avoid was

not a "legal" hartit because the war was not shown to be iIlegal. We therefore hold that the

evidence was ettRicient to support the protestor's convictiona.6 We_ also hold that the

convictions were not against the weight of the evidence? Even if we accept the protestors'

belief that their actions were justifted, the sincerity of this belief did not create a privilege

to engage in otherwise crimiiial conducts These assignments oferror are overruled.

Public'Irial vs Overcrowded Couwlroom

{¶8} In their second assignment of error, appellahts claim that they were denied

their consdtttfiortal rights to a public trial when the trial court closed the courtroom. This

argument has rio merit.

{¶9} Defense counsel objected to the fact that four members of the public could

not enter the courtroom during voir dire. The trial court responded that the number of

4 See Columbus v. Spingola (2ooi), 144 Ohio App.3d 76, 83; 759 N.E.2d q7g.5 See Kettering v. Berry (1990), 57 Ohio Ap .3d 66, 68-69, 567 N.E.2d g16; Akron v. Detwiler(J5, ig9o) , 9th Dist No. iq385• Cf FairJpield Commons Condominium Assn, u. Stasa (tg8g),07 App. 3d ^t, 22 go6 N.E 2d 237; State v. Ra(June 20, t99 4th Dist No. 1873

ing that eeonomic need does not create a necessity defense to cha rges of grand theft).6 8ee State u. Jenks (1991 ), bt Ohio St.3d 259 574 N.E.2d 492, paragraph two of the syllabus.^ S. State u. Thompkins, 78 Ohio St.3d 380, 387,1997 Ohio-52, 678 N.E.2d 541; State v. Mortin(198g), zo Ohio Ap p .gd 1y2, r75. 485 N.E.2d 7i7.B See Berry, supra; Detun'ler, supra; and Fairfield Gbmmons Condaminium Assn., supra.

3

Page 22: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

OHIO FIRST DISTRICT COURT OF 1iPPEAIS

people in the courtroom would have exceeded the capacity set by the fire code if these four

entered, and it denied them entrance. The record does not affirmatively demonstrate, as

appellants seetn to argue, that the courlroom was completely closed to all members of the

public. We therefore find State v. Jones9 to be controlling. In that case, two members of

the public could not attend the defendanYs trial because of limited seating in the

courtroom. This court held that the right to a public trial does not include the right to have

every interested person present, especially when a few members of the public are

excluded due to safety regulations. This case presents a similar scenario. We hold

that the courtroom was not "dosed" in a constitutionat sense and overrale appellants'

second assignment of error.

Privilege andNecesdty

{110} In their third, assignment of error, appeIlant.s contend that the jury was not

properly instructed on privilege and necessity. Appellants objected to the instructions

(i) that necessity could not exist where the harm soilght to be avoided by a criminal

act "arises from human conduct such as governmental policy," and (2) that the

"exercise of a moral judgment based upon individual religious or philosophical

standards° does not create.a privilege.

{111) Whether juty instructions con•ectly state the law is a question of iaw that

we review de novo.'O Here, the trial court based its instructions on language from

Kettering v. Berry,ll a criminal-tzespass case involving abartion protestors and a clann of

necessity. In Berry, the court determined that a defendant's moral conviction that

abortion killed babies comlild not serve as the basis for a"necessity" to trespass. because

abortion was not illegal. Berry did not explicitly state that "government policy" could.not

9(Dec. 17,1999),1st Dist. No. C-980294. .s" See State v. Calderon, ioth Dist. No. oSAP-it51, 2007-Ohio-377,.at ¶55; Burns v. PrudentialSecurities, Inc., 167 Ohio App.3d 8og, 2oo6-Ohio-355o, 857 N.E.2d 621, at 941.v See Berry,sapra. -

4

Page 23: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

OHIO FIRST ALSTRICP COURT OFAPPF.ALS ,

form the basis for a claim of necessity. But the trial courPs interpretation of Beriy was

reasonable. Bernjs central holding was that the harm sought to be avoided in a case of

"neoyssity" must he a IegaIIy recognized harm, where that,harm has been created by

human conduct. We therefore hold that the challenged jury instructions were proper

statements of the law. The third assignment of error is overruled.

T'rial Tax?

{V12} In their fourth assignment of error, appellants c]aim that their sentences

were unjust because they were more severe than that of another protestor who had

entered a no-contest plea to the charge of eriminal trespass. Appellants assert that they

suffered a"trial tax." But the other protestot's judgment of conviction is not a part of this

record on'appeal. And without all portions of the record necessary to resolve the assigned

error, we presume the regularity of the proceedings below.1= We overrule appellants'

fourth assignment of error.

{113} The judgments of the trial court are affirmed..

PAIlnLx, P.J., and CUN1vIIVGAAM, J., concur.

Piease Note:

The court has recorded its own entry on the date af the release of this decision.

Knapp v. Edwards Laboratories (ig8o), 61 Qbio St.2d i97, qoo N.E.2d 04;

5

Page 24: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

.YMEPIT DATEt.

.CEIPT IJO:_

VF,:

)STS 85- 00

)NCAR / J `

tTFEES: -7/ ^-J0

IRY I^LES; 2.7-f - 00

D. FEES:

N FFE:

MV FEE:

DTAL 1'AID:

PRE-ROLL: STOCFCDALZ/unv..,,.JACTIVATE DATE: 09/28/2006

CASE: /06/CRB/38496 COMM. CONTROLVIOL.:

DEFENDANT: WOLF/BARBARACTLNO:721086 TICKET:

SEC. VIOL: 2911-21 ORCUCHARGE: CRIMINAL TRESPASSARREST DATE: 09/27/2006JMS NUMBER:SEX: F D.O.B.04/25/1941DEF. COUNSEL: GAI.LAGHER/WILI,IAM/RPROS. WIT: PO/DOWNING

i N

M4

IN'O Tt•IE SHERIFF OF HAM[LTON COUNTY, GTLEErINGS: tL'hen: as, the ebove def8ndent was arrested and charged with the above section number. For gaod causehown, the dcrendant is ordered to give bail in the sum indicated beiow. You are, therefate, commanded to receive the dekndant into yourcustody until the trial date, or untilidsho gives bail as ordered. Or, whereas, the above defendant, having been tried and convicted of said charge(s) is sentenccd, as indicated betow. Therefore, we command youo receive the dcrcndant into your custody, them to remain until he/she has fully esecuted the terms of the sentence, or until otherwise discharged by due course of law.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraigrtment - Probable cause to hold demonstrated O YrS O Ko

ORi $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10"/o per Crini.R.46(A)(2( or (3)$ Secured Bond per Crim.R,46(A.)(3) Onty

Conditions:

ACM 14-1 7-p 7 ql 'LU ^090

4-17-AV

Date The decision of the magistrate is adopted and the recommendad sentence is enteredas the judgment of the court_

JUDGE

Page 25: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY- CO4U71TMENT/SEtiTENCE

PRE-ROLL: STOCRDALE/DAVID/C

cASE: / 06/CRS/38496

DEFENDANT: WOLF/BARBAF2ACTLNO: 721086 TICKET:

SEC.VIOL: 2911-21 ORCN

CHARGE: CRIMINAL TRESPASS

ARREST DATE: 09/27/2006JMS NUMBER:

144

(chcck if applicable)

©M.4GIS i RATE'S DECISION

SEX: F D.O.B. 04/25/1941DEF. COUNSEL: GALLAGHER/WIIS:IAM/R

PROS. WIT: PO/DOWNING

PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:

TOTHESHERIFF OF W+MILTON COUNTY, GREETIbIGS:Whereas, the above defendantwas arrested and ehzrged with the above section number. Wherras, the above defendant, having been tdedand convicted of said chargc isscntenead, as indicated below. Therefore, we command you to reaeive the dekndant into your custody, there to remain unt8 helshe has fully ezeeuted tho terms of these:ntcnce, or until atherwise discharged by due course of law.

DAYS: SUSP: CREDIT TIME: _ STAY:

FINE: REMIT: SUSP: STAY:.

COSTS: REMIT: SUSP STAY:

O COMMUNITY SERVICE IN LIEU OF FINES

L.ANGUAGE INTERPRETER FEE:

CCf11iMUNITV CONTROL: DAYSfi7QS/YBS. PAYTHRU:

O FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTO CONSECUTIVE q NOT E•LIGIDLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR IO EXTENDED TREATM6NT0 REWARDS JAD.INTERVEN77ON FOR WOMFNq ANY TREATMENT IF ELIGIBLE17 OTHER

DRIVING CONDITfONS: DRIVING SUSPENSION: DAYS/MOS/YRS EFFECfIVE DATE:

I FRA COMPLIANCE: FRAINON COMPLIANCE:^

VEH.IMMOBtL1ZATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED

CREDTT DAYS HELD

17 DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. COMPL4lNCE SHOWN.

17 OCCUPATIONAI,q VOCATIONALO EDUCATIONALfEL+GOURTTREATMENT

'MEDICAL•.Clo RESfR1CTED LICENSE PLATESO IGNITION INTERLOCK - t • ' ' ' 'q D.L E.YAMINATION

COMMUNITY CONTROL SANCTIONS:

DATE: JUDGE/MAGISTRATF.:

WARNING: A PARTY SIL4LL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OFA MAGISTRATE'S FACTUAL FiNDING OR I.EGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECCED THERETO AS REQU[RED BY CRIMINAL RULE 19.

Page 26: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

'AYp1ENT DnTE•

cECF•fM' No:

7NE:

^EOg7S:,-_

I^CONCAR:_

w1T FEF.S:_

nlttr I'rES:_

P.D. FEI:S:_

IP F"EE:_

3MV FFF.:

'OTN.1'AID:,

I

PRE-ROLL: STOCADALE f DAVID/ CACTIVATE DATE: 09/28/2006

CASE: / 06/CRB/38496 COMM. CONTROLVIOL.:

DEFENDANT: W(}LF/&ARBA.RACTLNO:721086 TICKET:SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINPS TRESPASS M4

ARRESTDATE: 0 9/2 7/20 D 6

JMS NUMBER:SEX: F D.O.B.04/25/1941DEF. COUNSEL: GALLAGS3R/WILLIAM/RPROS. WIT: PO/DO92NING

tf

m

IMZ=m

TO'CHG SHERIFFOFFIAMILTONCOLINTY,GREET(NGS: Whereas,theabovedefendantwesarrestedandehnrgedwiththeabovescctionnumber.Forgoodcauseshown, tho defendant is ordered to give bail in the sum indicated below. You sre, therefore, commanded to receive the defondaru into your custody until the trial date, or untilhe/she gives bail as ordped. Or, wberea9, the above dekadam, having been tried and convicted ofsaid dterge(s) is senteneed, as indicatcd befuw. Therefore, we eomnund youto rcracive the defendant into your custndy, there to remain antif hdshe has Tully exeouted the terats o€the scntence, or. until otherwise dlscharged by due course of Iaw.

DATE ACTION SIGNATURE OFJUDGE/M GISTRATE

Arraignment - Probable cause to twld damonstrated ()1'ES () ta0

ORl $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

A d

3r_r z- ^`7 ^ ;^ U^ ^

C^Akq

6zvv,^ 115-o tf 11 30.

Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.

JUDGE

Page 27: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

nAM1LI VN L:VUNt Y MVrv4,tr^vv,..JOURNAL ENTRY - COMMITMENTISENTENCE

CASE: /06/CRB/38496

DEFENDANT: WOLF/BARBARACTLNO: 721086

SEC.VIOL: 2911-21 ORCN

CHARGE:ARREST DATE:JMS_NUMBER:

SEX:

DEF. COUNSEL:PROS. WIT:

Ci2IMINAL TRESPASS

09/27/2006

F D.O.B. 04/25/1941

GALLAGFIER/WILLIAM/R

PO/DOWNING

M4

PRE-ROLL: STOCRDALE/DAVIDVC

(check ifapplicable)

qPYiAGIS'I'RATE'S DECISION

PLEA: FINDING: O.V.I CONVICTIONS W/iN PREV. 6YRS:

'f0 THE SHERIFP OF HAMILTON COUNTY, GREETINGS:V3herens, the above defendantwas artestedand charged with the above section number. Whereas, the above defendant, baving been tried and convicted ofsaid charge issontcnced, as Indica¢ed below. Therefore, we command you to receive the defendant into your custody, therc to remain until hcTshe has fuily executed the terms ofthesentence, or until otherwisa d'adarged by due course orlaw.

DAYS: SUSP: CREDIT TIME: STAY: q FINES AND DAYS CONCURRENT~ q COMMIT q TURNING POIN'P

SUSPt STAY: q CONSECUTSVE q NOT FLIGIBLE FOR 2 FOR 1q NO EARLY RELEASE O NOT ELIGIBI.E FOR 3 FOR I

SUSP: " STAY: 0 EXTENDED TREATMENT

FiNE: REMIT:

COSTS: REMIT:

q COMMUNITY SERVICE IN LIEU OF FINES

LANGUAGE INTERPRETE•R FEE:

COMMUNITY CONTROL: DAYS!iY1OS/YRS, PAY THRUf

q REWARDS JAIL INTERVENTION FOR WOMENO ANY TREATMENT IF ELIGIBLEq OTHER

DRIVINGCON'DITIOVS: DRIV[NGSUSPENSION: DAYSlMOSJYRS EFFECI7VEDATE:

FRA COMPLIANCE: FRAINON COIiAPLIANCE: VEH.IMMOBILI7ATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED

CREDIT DAYS HELD

E7 DEFENDANT tS GRANTED LL\9ITED DRIVL`IG PRIVILEGES AS FOLLOWS AFFER MANDATORY SUSPENSION EFFECTIVE:CURRENTF.B.A.COMPLIANCESHOWN. . •

O OCCUPATIONALqVOCATIONAL . , 'O EDUCATIONALq COURT TREATMENTq MEDICALO R,ESTRIC.TED LICENSE PLATESq IGNITIONINTERLOCKO D.L. EXAMINATION

COMMUNITY CONTROl. SANCfEONS:

DA'CE: JUDGE/MAGISTRATE:

TICKET:

WARNIN: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEALTHE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION IJNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED TIiERETO AS REQUURED BY CRIMINAL RULE 19.

Page 28: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

AYMENT DATE:_„_ y. PRE-ROLL: STOCRDALE/DAVID/CACTIVATE DATE: 09r28/2006

L"CL•IPT N0:_ .=aCASE: / 06/CRB/38496 COMM. CONTROL

VIOL.:•osrS: v '

!>=

ONCAR

DEFENDANT: LS OLF /BARBARFiCTLNO: 721086 TICKET:

!=

'IT FEES: SEC. VIOL: 2911-21 ORCN W^_

URY FEF9: CHARGE: CRIMINAL TRESPASS M4

ARRESTDATE: 09/27/2006 m^D. FEES: _09JMS NUMBER:P FF.E SEX: F D O B 04/25/1941. . .

MV FEE DEF. COUNSEL: GALLAGHER/WIF,LIAM/R ^ua^3a++ne^

TOTAL PAID: PROS. WIT: PO/DOWNING

I ii i^, pl ^ 11TO TI1E SHERIFF OF HAMILTON COUNTY, G[LEETINGS: Whue as, the above defrndantwas acre.sted and charged with the above section numba. For good causesihown, the defendant is ordered to give bail In the sum indicated bcluw. You are, therefore, eummanded to reeeive the defendant lnto your custody until the trial dete, or unt11helshe gives bail as ordered. Or, whaeas, the above defendnnt, having been tricd and convicted of said eharge(s) is sen[cnced, as indicated below. Thcrefore, we command youto roceive the deRndanr inro your eustody, thero to remain until hehhe has fully executed the terms ofihe sentcnoe, or until otherwisc discharged by duc course of law.

DATE ACTION SIGNATURE OFJUDGE/tvIAGIS TE

Arraigstment - Probable cause to hold dermrwfirated ( ) YES <) NO

OR/ $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crifn.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

l.,wlJL vi

5w®i-vl

7l& ^r /;C}t , v-t PN y

3 ^

Date The decision ofthe rnagistrate is dopted and the recommended sentence is en edas the,{udgment of the court.

JU E

Page 29: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY- COM1IMITMENT/SENTENCE

PRE-ROLL: STOCKDALE/DAVID'/C

CASE:

DEFENDANT:

CTLNO:

SEC. VIOL:

CHARGE:

ARREST DATE:JMS_NUMBER:

SEX:DEF. COUNSEL:

PROS. WIT:

PLEA:

/06/CFtB/38496

TaOIsF/gP7RBARA7210862911-21 ORCN

TICKET:

CRIMINAL TRESPASS M4

09/27/2006

(check ifapplicabfc)

qMAGISTRATE'S DECISION

F D.O.S. 04/25/1941GALLAGEER/WII,L3AM/RPO/DOW1NING

FINDING: O.V.I CONVICTIONS W/IN PREV.6YRS:

TQ THE SHERIFF OF HAMILTON COUNTY, GREETING.S:Whercas, the above defendant was arrested and charged with fhe above section namber. When:as, the above defendant, haoingbeen ttied end convicted of caid eharge issenteneed, as indicated below. Thatefote, .vn command you to roceive the defcndant into yaur cvstody, , thcro to remain untit he/she has fully exeeuted the tenns of thesentence, or until otherwise discharged by due cotuse of law.

DAYS: SUSP: CREDITTIIvtE:_STAY:____

FINE: REMIT: SUSP: STAY:

COSTS: REMff: SUSP: STAY:

D COMMUNITY SERVICE IN MU OF FiNES

LAI9GUAGE iNTL•RPRETER FEE:

COMMUN1TYCONTROL: DAYS7AfOS/YRS. PAY TIIRU:

q FINES AND DAYS CONCURRENTq COMMIT q TURTIING POINTq CONSECUTtVE q NOTELIGIBLE FOR2 FOR Iq NO EARLY RELEASE 0 NOT ELIGIBLE FOR 3 FOR Iq EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATM[.x1T IF ELIGIBLEq OTHER

DRIVING CONDITlON5: DR]VING SUSPI7^mON: DAYSlMOSlYRS EFFECRVE DATE:

FRA COMPLIANCE: FRAINON COMPLIANCE: I VEH.IMMOBILIZATION DAYS FORPEITURE: YES NO&^PLATESIMPOUNDED

CREDIT DAYS HELD

CJ DEFENDANT IS GRANTED LIMii'ED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTGVE:CURRENT F.R.A. COMPLIANCE SHOWN. ' , " • .. •

Q OCCUPATIONALq VOCATIONALq EDUCATIONAL0 COURTTREATMENTq MEDICAL0 RESTRICTED LICENSE PLATESQ IGNITION {NTERLOCKq D.L. EXAl11INATION

CL16151UNITY COiYTROL SANCTIONS:

DATE: JUDGE/MAGISTRATE:

WARNIN : A PARTY SHALL NOTASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAG[STRATE'S FACTUAL FINDING OR LEGALCONCLUSION IINLESS THE PARTY IfAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 30: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

k^*TD.tic: ,^;

iKECLte;;^c

osrs:^

NcAaR:-_

V tT FF.CS:_

tiRY FEES:_

P.n. FEES:-

L.f r t•-Et::-

nM V FIiE_

OTAL PAID:

PRE-ROLL: STOCKDALE/DAVID/CACTIVATE DATE: 09/28/2006

CASE: /06/CRB/38496

DEFENDANT; WOLF/BARBARA

COMM. CONTROLVIOL:

CTLNO: 721086 TICKET:

SEC.VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASSARREST DATE: 09/27/2006JMSNUMBER:SEX: F D.O.B. 04/25/1941DEP.COUNSEL:GALLAGHER/WILLIAM/RPROS. WIT: PO/DOWNING

^ ^I I

M4

m

TO THE SHEAIFF OF HAM fLTON COUNTY, GREETINGS: Where as, the above defendant aas amsted and oharged with the above seciiou number. For good causeshown. the defendant is ordered to give bail in the sum indicated below. Yau are, therefore, cunananded to receive the defendant intn your custody ontii the trial date, or untilhe/she gives bull as mdered. Or• whereas, the above defendant, having been tried and convicted of said charge(s) is sentenced, as indieeied bclow. Therefine, we command youto receive the defendant into your eustody, there to rctmin until he/she has fully exeeuted the temts of the semencc, or until otherwise discharged by due course uf taw.

DATE ACTION SIGNATURE OFGE/MAGI RATE

Arraignment• Probable cause to hold demonstrated ()Y€s ( )ttoORJ $ Unsecured bond per Crim.R.46(A)(11

$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R46(A)(3) Oniy

Conditions:

S

,-^^-/P,6/C23H/38496

/WOLF/BA,RBARA J,Y KS&3n8'ProviBioR3

'^ 3} 6L s extBnd d^CAURT DFt1E:03 PF10U5E/05/07 AT 1:00 PN IN ROOM 174 COtk^ e•

..--_------._. .to

3-05-0 V'a..,.JJL&e

Date The decision of the magistrate is adopted and the recommended sentence is entered JUDGEas the judgment of the court.

Page 31: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

HAMILTON COUNTY MUNICIPAL COURT ^. ^IOURNALENTRY - CONIMITMENTlSENTENCE•

PRE-ROLL: STOCKDALE/DAVIP/C,

CASE: / 06/CRB/38496(check if a licable)pp

DEFENDANT: WOLF/BARBARA qMAGISiRA7iE'S DECISIONCTLNO; 721086 TICKET:

SEC.VIOL: 2911-21 ORCN

CHARGE: CRIMINAL TRESPASB M4

ARREST DATE: 09/27/20063M5_NUMBER:

SEX: F D.O.B. 04/25/1941DEF. COLJNSEL: GALLAGHER/WILLIAM/R

PROS. WIT: PO/DOV4NING

PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was arrested and charged with the abuve eeetion number. Whereas, lhe above defendan4 having been uiod and ennvicted of said charge issenueaeed, as indicated below. Therefora.we command you to receive Uu defendant into your custody, there torcamin until helshe has fully executed the terms of thesentence, or until otherwise diseharged by due course of law.

DAYS: SUSP: CREDIT TAA E: __,_ STAY:

FINfi: REMIT: SUSP: STAY:_

COSTS: REMFT: SUSI'. STAY:

q COMMLTNITY SERVICE IN LIEU OF FINES

LAlVGUAGE INTERPRETER FEE:

COM MIL1ryTY CONTROLt DAYSIMOSIYRS. PAY THRII:

DRIVING CONDITIONS: DRIVDVG SUSPENSION:

d FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTQ CONSECUTIVE 13 NOT ELIGIBLE FOR 2 FOR IO NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR 1q EXTENDEDTREATMENTO REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLEq OTHER

DAYS.T7OSIYRS EFFECTIVEDATE:

FRACOMPLIR.NCE: FRRJNON COMPLUINCE: VEH.iMMOBILIZATION DAYS FORFEITURL•: YES NO& PLATES IMPOUNDED

CREDIT_ _ __ DAYSHELD

q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSIONEFFECTIVE:CURRE\T F.R.A. CO;4(PLIANCE SHOWN.

q OCCUPATIONAI.O VOCATIONALq EDUCATIONALD COURT TREATM.ENTQ MEDICAL13 RESTRICPED LICENSE PLATESq IGNITIONINTERLOCK •

• L7 D.L. EXAMINATION

COMMUNITY COYTAOL SANCTIONS:

DATE: JUDGEfMAGISTRATE:

WA.RNING: A PARTY SHALL,YOT ASSIGN AS FRROR ON APPEAL THE COURT'S ADOPTION OFA MAGISTRATE'S FACTUAL FINDING OR LEGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OB7ECTEDTHERETO AS REQUIRF.D BYCRIMINAL RULE 19.

Page 32: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

(Y^•^•

AYNtiY^'(J/!TE'.^ • PRE-ROLL: STOCKDALE/DAVID/C,__,,.. .^ .

ccstrT nO.t ACTIVATE DATE: 09/28/2006

tnrz:.^• CASE: /06/CRB/38496 COMM. CONTROL z^VIOL.: ra

osrs:-__._ -_. DEFEN'DANT: WC3uF/BARBARA 111111111ONCAR: 721086 TICKET:CTLNO : ^

WIT FEES: SEC. VIOL: 2 911- 21 ORCN

URY FEG•5: CHARGB: CRIMII3AL TRESPASS M4

D. FcES:ARRESTDATE: 09/27/2006JMS NUMBER: 1219802

uP FL•E:

-IMV FEE:

rOTAL PAIll:

SEX: F D.OB.O /25/1941DEF, COUNSEL:PROS. WIT: PO/DOSdIi21SG

^i-g l ^^t/,. d .{j(.t6r"63SOM

'rO l7•IE SHERIPF OF HAMILTON COUNTY, GREETINGS: Where as, ttu above defendant was arrested and oharged with the above section numher. F'or good causeshown, the defendant is ordcred to give bail in the sum indieated below. Yau are, therefore, coromanded to receive the defeadant into your custody unt7 the trial date, or untilhe/she gives bail as ordered. Or, whereas, the above defendant, having been tried and convicted uf said charge(s) is sentenced, as indicated bebw. 7herdhe, we rammand youto rcceive the defendant into your custody, there to remain until he/she has fully ezecuted the tetms of the sentence, or until otherwise discharged by dueeourse of law.

DATE

09/28/200612:30 pm

ACTION

JCAArraignment - Probable cause to hold demonstrated () YES () xo

OR/ $ Unsecured bond per CrIm.R.45(A)(1)

$ Bond @10% per Crim.R.46(A)(2) or (3)

$ Secured Bond per Crfm.R.46(Il)(3) OnlyConditions:

VV ,ITTEN PLEA OF NOT GUILTY

/06/CF28/38496 FJOLF/S4Ra4RA PT TI.O'PCMW DATE:10/06/06 AT 9:80 AH IN EtOJM 174 CORiSiOJSE

= - u 0 w 1^0 .(g CQ Q ! rl-^ ^- ^. ---

- -^ ^( t /06/QiB/38496 HOI^/»A '^T^^S^

SIGNATURE OFJUDGE/MAGIST'RATE

6Rr.Pl'r/esEBYL/D

DTETE:01/22/e7- AT 10:00 AM I8f Rd0i9 174 GJURT![DIJSE:; slans of O.R,C.^45.71 et seq. e*nW

Date I The decision of the magistrate is adopted and the recommended sentence is entered Judgeas the judgment of the court

Page 33: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

HAMIL7ON COIINTY MUNICIPAL COURTJOURNAL•ENCRY-COt1hUTME\TJSENTENCE , . ^^ .,

,y

CASE: / 06/CRB/38496

PRE-ROLL: STOCIKDALE/DAVW-!D/C'•, ^, . .•^

(check if applicable) 'y • ^'

I)$FENDAAIT: ^TOLg/B.giRB^sR^i ; 131VfAGISTRATE'S ITIECISIOI•1 'CTLNO: 721086 TICI:ET:'

SEC.VIOL: 2911-21 ORCN

CHARGE: CRIMINAL TRESPASS M4

ARRESTDATE: 09/27/2006JMS_NUMBER: 1219802

SEX:DEF. COUNSEL:

PROS. WIT:

F D.O.B. 04/25/1941 -t 1 tir t_

PO/DOVPNINC^

PLEA: " FINDING: O.V.I CONVICTIONS W/iN PREV. 6YRS:

TO THE SHERIFF OF-HAMILTON COUNTY,.GREETINGS:Whereas, the above defendant was aaested and charged with the nbode section number. Whereas, the above defendant, having been tried and convicted of said charge isJ•sentenced. as indicated beEow. Therefore, we eommand you to receive the defendant into your custody, there to remain until helshe has fully e^cecuted the ternn of the "'sentenco, oc unb7 othenvise disehargsd by due couise of law. i r

I)Al'S:

v. ^ '

^SUSP: CRFAIT TIME: STAY: • q FINES AND DAYS CONCIJRRENT ; C•,

FI1.FE: ' REMIT: SUSP:` STAY:

COSTS: REbtIT: SUSP: STAY:

O;COMMUNIT.Y SERVICE W.LIEU OF FINFS

LANGUAGEINTERPRETERFEE:

-COMMUNITYCONTROL: DAVSIMOSlYRS: PAYTHRU:

q CONSECUTIVE q NOT ELIOIBLE FOR 2 FOR Iq NO EARLY RELEASE • !7 NO'1`EUGlBLE FOR 3 POR Iq EXTENDED TREATMENT •. " ' ^q REWARDS JAILINTERVENTION FOR WOMENq ANY TREATMENT IF ELIGHSLEq OTHER

\ p.

•DRIVINGCONDPf10,DAIVINGSUSPENSiON: DAYS/MOS/YRS EFFECT(VEDATE:

FRACOMPLIAldCEt . FP.AlNOM COMPLQANCE: VEH.IMMOBILtznTION DAYS FDRFEITURE: YES NOR. PI ATFS IhdPA[ 1Nf]FD

CREDIT DAYS HELD

.0 DEFENDANTISGRANTEDLI,MITEDDRIVINGPRIVFLEGFSASFOL[AWSAFTBRMANDATORYSUSPENSIO4.EFFRCPIVE: <ICURRENT F.R.A`. COMPLIANCE SHOWN

q OCCUPAT.[ONALq VOCATdONALq ^EDUCATIONAL r .D COURTTREATMENT ^•q MBDICALq RESTRICCED LICENSE PLATE.SD IGNITfON INTEBLOCK • • ^ , . \ 1 ^• ) y 1 ^

, ^t -'I7 D.LEJUMIlVAT1ON Y . 1• .

^COM_MUNITYCONTROLSANCf7ONS: ^ ^;` 1! \ k^ :^t` t

! ^• t

il

'`- 1^ ' '^ ^( iJ^... • . •° ' , . . I

DATE:

• - q COMMIT ^ . D IURNING POINT #.

JUDGFJMAGISTRATE:- •

WARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OFA MAGISTRATE'S FACTUAL FLNDING OR LEGALZONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAI. RULE 19.

Page 34: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

CASE NO.: 106/CRB/38496DEFENDANT: WOLF/BARBARACONTROL NO.: 721086VIOLATION: 2911-21 CRIMINAL TRESPASS M4

PLEA: Not Qit+ifty FINDING: GuiltyTHE DEFENDANT IS HEREBY SENTENCED AS FOLLOWS:TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS: The abovedefendant having been convicted and sentenoed as indieatedhelow, you are herebyeommanded to receive him/her into your custody, there to remain until the sentence has been fully executed or he/she is otherwise discharged by due course of lnw.JAIL;DAYS: 1 CREDIT; ! STAY: Q.V.I. CONVICTIONS in PRECEDING 6 YRS.:

q TURNING POINT q CONSECUTIVETOq EXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAMq REWARDS JAIL [NTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMq NO EARLY RELEASE q 20 DAYS in'FALBERT HOUSE TWENTY DAY PROGRAMq NO 2 for I OR 3 for I DEfA1LSq TOBESERVEDq DAYS H.C.J.C. STAYED TO AT ROOMRESIDENTIAL SANCPIONS:FINANCIAL SANCTIONS:

FINE: 6 REMIT:® COSTS q LANGUAGEINTERPRETERFEE

MONTHLY PROBATION SUPERV6SION/COLLECTION FEESq RESTITUTIONTO S q PROBATIONTODETERMINEAMOUN'TNOTCOVEREDBYINSUR0 PAYALI.FWANCIALSANCTIONSTHROUGHPROBATIONDEPARTMENFBYTHE90°DAYBEFORECOMMUNtFYCONTROLEXPIRES.

STAY TO PAY TO:

DRIVER'S LICENSE:q FRACOMPLIANCE q FRANON.COMPLIANCE

DRIVER'S LICENSE SUSPENSION , CREDIT DAYS FROM ALS. EFFECTIVE

q IMMOBILIZE VEHICLE DAYS. CREDIT DAYS. q FORFEIT VEHICLEq IMPOUND PLATESOFEVERYVEHICLEREGiSTEREDTOTHEDEFENDANT.

TAE DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS:TO, FROM AND BETWEEN DEFENDANT'S RES[DENCE ANDE3 WORKq EDUCATION

q MEDICAL APPOINTMENTSq COURT ORDERED TREATMENT

q VOCATIONAL

UNLESS IT IS THE EMPLOYER'S VEHICLE BEING DRIVEN IN THE COURSE AND SCOPE OF EMPLOYMENT,q THE VEHICLE BEING DRIVEN MUS'F HAVE RESTRICTED PLATES,q THE VEHICLE BEING DRIVEN MUST FIAVEAN IGNITION INTERLOCh.q DR1ViNG IS RES1'RICTEDTO THE IIOURS:

COMMUNITY CONTROL SAN4TIONS:A VIOLATION OF THE COMMUNiTY CONTROL SANCCIONS hiAY RESULT IN A JAIL SENTENCE OF f6 DAYS, OR A LONGER TIME UNDERTHE SAM1Di OR 111ORE RESTRICTIVE COMMUNITY CONTROLSANCTIONS.COMMUNITY SERVICE HDURS: YOTO BE COMPLETED BY: ® 90ei DAYBEFORE COMMUNITY CONTROL EXPIRES.

q DAY REPORTINGq MONITORED TIME

q HOUSE ARRES T w! ELECTRONIC MONITORBASIC SUPERVISION 6 moa.q INTENSIVESUPERVISIONq M.D.O. / M.R.O. PROGRAMq DRUGlALCOHOLTREATMENT. q AMEND PROGRAM.q EDUCATION, TRAINING, CAUNSEUNG ORTREATMENT PROGRAMS RECOMMENDED BY PROBATION.q RANDOM DRUG AND ALCOHOL USE MONITORING DURBJG THE PERIOD OF SUPERVISION. q NCTI CLASS

ATION OFF ^, AND.® DEFENDANT SHALL NOT VIOI.ATE ANY LAW NOR LEAVE OB1O w1o PERMISSION OF THE wSHALL AEIDE BY THE GENERAL RULES FOR PROBATIONERS.

DATE .

OTHER SANCTIONS:

319312007

Page 35: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

INITIAL&

PAYMENFDATE:

RFCEtPTNO;_T

=1NE:

osTS:

CONCAR:

WITFEES: `•50

rURY FEF.S: 23y, a0?.D. FEES:

.1P FEE:

3MV FEE:

i OTAL PAID:

JOURNAL ENTRY - MIT"i'IMUa

PRE-ROLL: GREENBERG/BR2J,bACTIVATE DATE: 09/28/2006

CASE: / 06/CRB/38497 COMM.CONTROLVIOL.:

DEFENDANT: FLANNERY/GREGOgYCTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASS M4

ARREST DATE: 09 / 2 7/ 2 0 0 6JMSNUMBER;SEX : M D.O.B.09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/RPROS. WIT: PO/EDWI+,RDS

®8

T'O THE SHERIFF OF HAMILTON COLJNTY, GREETINGS: Where as, the above dekndam was artested and oharged with the above section number. For good causeshown, the defendant is ordered to give bail in the sum indicated below. You are, therefore, commanded to reoeive the defendant into your custody until the triai date, or untilhe/she gives bail as ordered. Or, whereas, the above defcndani, having been tried and convicted of said charge(s) is sentenced, as indicated below. Therefore, we command youto receive the defendant into your custody, there to remain until he/shc has fully executed the terms of the sentence, or until otherwise discharged by due course of law.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment • Probable cause to hold demonstrated () 1'ss () troORl $ Unsecured bond per Crim,RA6(A)(1)

$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

3-) o ^ V .JZtid ^.t^^ t9

aQM`7^ •

^S ^ 4-17^07 1' A 17

Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.

JUDGE

Page 36: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

HAMILTON COUNTY MUNICIPAL COURTJOURNAL ENTRY - COMM ITh1ENT/SENTENCE

PRE-ROLL: GREENBERG/BRADCASE: / 06/CRB/38497

DEFENDANT: FI,ANNERY/GREGORY .CTLNO: 913424 TICKET:

SEC.VIOL: 2911-21 ORCN

CHARGE: CRIMINAL TRESPASS

ARREST DATE: 09/27/2006JMS NUMBER:

M4

(check if applicable)

OMAGISTRA'I'E'S DECISIt3N'

SEX: M D.O.B. 09/17/1958

DEF. COUNSEL: GALLAGHER/WILLIAM/R

PROS. WIT; PO/EDk*P,RDS

PLEA: FINDING: O.V.1 CONVICTIONS WlIN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Wbereas, lhe above defendant was arrested and charged with the above section number. Whereas, the above defendant, having been tried and convicted ofsaid charge issentenced, as indicated below. Therefore, we command you to receive the defendant into your custody, there to remain until he/she has fully executed the terms of thesentence, or until otherwisc discharged by due course of law.

DAYS: SUSP: CREDIT TIME: _STAV: - 0 FINES AND DAYS CONCURRENTq COMMIT 0 TURNING POINT

CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR IFINE: REMIT: SUSP: STAY:- 0q NO EARLY RELEASE 0 NOT ELIGIBLE FOR 3 FOR I0 EXTENDED TREATMENTCOSTS: REMIT: SUSP: STAY:CI REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIG16l:Eq COMMUNITY SERVICE fN LIEU OF FINES0 OTHER

LANGUAGE INTERPRETER FEE:

COFINUMTYCONTROL: DAYSlMOSMiS. PAYTHRU:

DRIVINGCONDJTIONSe DRIVINGSUSPL•NSION: DAYSlMOS/YRS EFFECTIVE DATE:

FRA COMPLIANCE: FRAlNON COMPLIANCE: 1 VEH.IMMOBILIZATION DAYS FORFEITURE: YES NOdcPLATESIMPOUNDED

- CREDIT DAYSHELD

CI DEFENDAN'1' IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLCOWS XFTER MANDATORY SUSPENSION EFFECFIVE:CURRENTF.R.A.COMPLIANCESHOWN.

q OCCUPATIONALq VOCATIONAL.q EDUCATIONAL

. • O. COURT TREATMENT: '''1CJ MEDICAL

`I7 RESTR[CTED LICENSE PLATESq IGNIT7ON [NTERLOCKq D.L. EXAMINATION

COMMUNITY CONTROL SANCTIONS:

DATE: JUDGE/MAGISTRATE:

WARNINC: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TI[E COURT1 ADOPTION OF A MAGISTRATE'S FAC"FUAL FINDING OR LEGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED TIiERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 37: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

YMENff t)ATE:_,__ PRE-ROLL: GREENBERG/BRAD

CEU'rN^: ACTIVATE DATE: 09/28/2006

fE: . CASE: / 06/CRB/38497 COMM. CONTROL,_VIOL.: ®

^STS:

tNCAR:DEFENDANT: FLANNERY/GREGORYCTLNO 913424 TICKET

IT FE•ES:

::SEC. VIOL: 2911-21 QRCN

k Y FEES: CHARGE: CRIMINAL TRESPASS M4

3. FEF.S:ARREST DATE: 09/27/2006

P FEE:JMS NUMBER:

M DSEX O B 09/17/1958: . . .Av Pr;H: DEF. COUNSEL: GAI,I,AGHER/WILLIAM/R.)TAL PAID: PROS. WIT: PO/EDWARDS

i I'O THE SHF:RIFF OF HAMILTON COUNTY, GREETINGS: Whcre as, the above defendant was arrestcd and charged with the above section number. For good causehown, the detcndant is ordered to give bail in the sum indicated betow. You are, therefore, commanded to receive the defendant into your custody until the trial date, or untile/she gives bail as ordercd. Or, whereas, the above defendant, having been Uied and convicted of said charge(s) is sentenced, as indicated below. Therefore, wr command youo receive the defendant into your custody, thete to remain until he/she has fully executcd the tenns of the sentence, or until othetcvise discharged by due course of law.

3ATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated Osas O NoORf $ Unsecured bond per Crim.R.46(A)(1)

$ Bond @i0'/o per Crim.R,46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

' ^'L`^ ( .r^r) /VA', AA64 r

Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.

JUDGE

Page 38: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

HAMILTON COUNTY MUNICIPAL COURTJOURNALENTRY-COMMITMENTJSENTENCE

PRE-ROLL: GREENBERG/BRAb.

DEFENDANT: FLANNERY/GREGORYCTLNO: 913424

SEC.VIOL: 2911-21 ORCNTICKET:

CHARGE: CRIMINAL TRESPASS M4

ARREST DATE: 09/27/2006JMS_NUMBER: -

SEX: M D.O.B. 09/17/1958DEF.COUNSEL: GALLAGHER/WILLIAM/R

PROS. WIT: PO/EDWARDS

(check ifapplicable)

C710'IAGISTRATE'S DECISION

PLEA: FINDING: O.V,i CONVICTIONS WI1N PREV. 6YRS:

0 THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Jhereas, the above defendant was arrested and charged with the above section number. Whereas, the above defendant, having been tried and eonvicred of said charge ismtenced, as indicatcd below. Thercfnre, wc command you to reccive the defendant into your custody, there to rema(n until he/she has fully executed the terms of the:ntenee, or qnt'rl otherwise discharged by due course of law.

)AYS: SUSP: CREDITTIME: STAY:

7NE: REMIT: SUSP: STAY:

:OSTS: REMIT: SUSP: STAY:

] COMMUNITY SERVICE 7N LIHU OF FINES

.ANGUAGE INTERPRETER FEE:

COAIMUNI'fY CONTROI.: DAYS/MOS/YRS. PAY THRU:

DRIVING CONDITiONS: DRIVING SUSPENSION:

O FINES AND DAYS CONCURRENTf7 COMMIT 4 TURNING POtNTq CONSECUTIVE q NOT ELiGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR Iq EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLEq OTHER

DAYS/MOS/YRS EFFECTIVEDATE:

FRA COMPLIANCE: FRAINON COMPLIANCE: VEH.IMMODIL(ZATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED

CREDIT DAYS HELD

f] DEFE,NDANT IS GRANTED LIMITED DRIVING PRNILEOF.S AS FOLLOWS APTER MANDATORY SUSPENSION EFFECFII'E:CURRENT F.R.A. COMPLIANCE SHO{VN.

q OCCUPATIONALq VOCATIONALO EDUCATIONALq COURTTREATi1ENTq MEDICALO RESTRICTED LICENSE PLATESD.IGNITION INTERLOCK

^ (3 D.L. EXAMINATION

COMMUNITY CONTROL SANCTIONS:

-DATE: JUDGEMAGISTRATE:

WARNIN : A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TIIE COURT'S ADOPTION OF A MAGISTRATE'S FACT'UAL FINDING OR LEGAl.CONCLUSION UNLESS TIIE PARTY HAS TIMELY AND SPECiFICALLY OBJECTED TfiERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 39: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

fMENTDA'fF.:___,

:EIYi'N0: -

E:

STS:

NCAR:

T FBES:

RY FEES:

). FEES.

? FEE:

dY FEE:

)TAL PAID:

PRE-ROLL: l+2[r+r,avu,.....rACTIVATE DATE: 09/28/2006

CASE: / 06/CRB/38497 COMM. CONTROLVlOL,:

DEFENDANT: FLAl^t'NERi'/GREGt'iRYCTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCNCHARGE: CRIMINAL TRESPASS M4

ARREST DATE: 09/27/20061MS NUMBER:SEX: M D.O.B.09/17/1958DEF. COUNSEL: GAI.LAGHER/WILLIAM/RPROS. WIT: PO/EDWARDS

I

®

m

'O 7HE SHERIFF OF HAMILTON COUN'f Y, GREETINGS; Where as, the above defendant was arruted and charged with the above section number. For good causehown, the defeadant is ordcred to give bail in the sum indicated bdow. You are, thercfore, commanded to reccive the defendant into your custody until the triat date, or untilie/she givrs bail as ordered. Or. whereas, the above defendant, having bun tried aad convicted of said charge(s) is sentenced, as indicated below. Therefore, wo command youo receive the defendant into your custody, there to remain until he(she has fulty executed tha tenns of the sentence, or until otherwisc discharged by due course of taw.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment • Probable cause to hold demonstrated ) zrsS ()NO

OR! $ Unsecured bond per Crim,R.46(A)(1)$ Bond @100/o per Crim.R,46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

3-cu-o? CaAA"

JwrY ^U^Y 1 ►^^n^j+^ ^ SWO 'V!

C^-b

I^ wi II ^+M IS Ccl-Q.^ .tNt ^

og Ibate The decision of the mao-istrate is adopted and the recommended sentence is ent E

as the judgrnent of the court.

^wNw1.P.be11,1 ^ye

Page 40: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY VCOMMITtfENT/SENTEtVCE

PRE-ROLL: GREENBERG/BRAD'

CASE: /06/CRB/38497

DEFENDANT: FLANNERY/GREGORY(check if applicable)

qIVIAGISTRA.TE'S DECISIONCTLNO: 913424

SEC.VIOL: 2911-21 ORCN

TICKET:

CHARGE: CRIMINAL TRESPASS M4

ARREST DATE: 09/27/2006JMS_NUMBER:

SEX: M D.O.B. 09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/R

PROS. WIT: PO/EDWARDS

PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV, 6YRS:

f0 THE SHERIFF OF HAMILTON COUNTY, GREETINGS:tVhereas, thc above defendant was arrested and chzrged with the above section number. Whereas, the above defendant, having been tried and convicted ofsaid ohacge iscentcnced, as indicatad below. Therefore, we command you to receive the defendant into your custody . there to remain until hdshe has fully executed the terms of theaentence, or until otherwise discharged by duc coume of law.

DAYS: SUSP: CREDIT TIME: ____ STAY:

FINE: REMIT: SUSP: STAY:,

COSTS: REMIT: SUSP: STAY:

q CQMMUNITY SERVICE IN LIEU OF FINFS

LANGUAGE INTERPRETER FEE:

COMMUNIn CONTROL: I)AYSlMOS/YRS. PAY TliRlL•

q FINCS AND DAYS CONCURRENTq COMMR q TURNING PO1NTC7 CONSECUTIVE q NOT ELTGIi3LE FOR 2 FOR II1 NO EARLY RELEASE q NOT ELIGIDLE FOR 3 FOR IO EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLEp OTHER

DRIVING CONDR70NS: DRIVING SUSPENSION: DAYSfMOS/YRS EPFECTIVE DATE:

FRA COMPLIANCE: FRA/NON COMPLIANCE: I VEH.IMMODILIZATION DAYS FORFEITURE: YES NO& PLATESlMPOUNDED

CREDIT DAYS HELD

q DEFENDANT IS GRANTED LIhDTED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFF ECTIVE:,CURRENTF.R.A.COMPI.IANCESHOWN.

Cl OCCUPATIONALO VOCATIONAL , • ,q EDUCATIONALq COURI'TREATMENTq MEDICAL "

DATE: .)UDGEAtIAGISTRATE:

N'ARNING: A PARTY SIIALI. NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A 61AGISTRATE'S FACCUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OSJECFED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 41: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

Pn :r^, 'IT 11A7[:

RECI?tPTNO:

rFIVG:

COSTS:_

CONCAR:-

IT FEI:S:_

I'^fURY FF.F.S:,

P.D. FEES:_

.IP rEr:,

aMV FEE:_

OTAL i'AIn:,

PRE-RoLL: GREENBERG/BRADACTIVATE DATE: 09/28/2006

CASE: / 06/CRB/38497 COMM. CONTROLVIOL.:

DEFENDANT: FI-ANLdERY/GREGORY

CTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASSARRESTDATE: 09/27/2006JMS NUMBER:SEX: M D.O.B.09/17/1958DEF. COUNSEL:GALLAGHER/WILLIAM/R

PROS. WIT: PO/EDWARDS

M4

r

^^.C

c

TO lI-tE SFfERitTOF HAMILTON COUNTY, GREETINGS: V7here as, the above defendant was artested and charged with the above section number. For good causeshown, the dcfendant is ordercd to give bail in the sum indicated below. You are, therefore, commanded to receive the defendant into your custody until the trial date, or untilhe/she gives bail as ordered. Or, whereas, the above defendan4 having becn aried and convicted of said charge(s) is sentenced, as indicated beiow.'1'herefore, wc command youto receive the defcndant into your custody, there to remain until he/she has fuilyexecuted the terms of the sentence, or until otherwise discharged by due course of law,

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated OY8s O xo

OR/ $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10"/a per Crim.R,46(A)(2) or (3)$ Secured Boiid per Crim.R.46(A)(3) Only

Conditions:

1-19-^^

f 2z a ^^ -In IC/1 ^106/C,RH/38497 E'LANfMRY/GRE30RY J'P KR;i 3 j'

' qVI"vi. IB Jl l). .t.i. G!,7.

:Ot]RT DATEs03/05/07 AT 10:00 AM IN ROOM 174 CAURT430USEFrnrn ♦

UwA 3rc.o ^b'73-p5-o7

Date The decision of the magistrate is adopted and the recoenmended sentence is entered JUDGEas the judgment of the court.

Page 42: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

nru^uL,wrv \.VUCI, I mutvll,un^. ., -

JOURNALENTRY-COMMITMENTISENTENCE

PRE-ROLL: GF{EENBERG/B?tAD'

CASE: / 06/CRB/38497

DEFENDANT: FLAATNERY/GREGORYCTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCN

CHARGE: CRIMINAL TRESPASS

.ARRESTDATE: 09/27/2006JMS NUMBER:

M4

(check itapplicable)

OMAGISTRATE'S DECISION

SEX: M D.O.B. 09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/R

PROS. WIT: P0/EDWARDS

PLEA: FINDING: O,V,I CONVICTIONS W/IN PREV. 6YRS:

r0 THE SHEIUFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was airested and charged with the above section number. Wttereas, the above defcndant, having been tried and convicted of said charge issentenred, as indicated below. Thereforc, we command you to receive the defendant into your custody, there to remain until he/she has fuliy executed the terms of thesentcece,oruntilathenvisedischargedbyduecourseoffaw.

DAYS: SUSP: CREDIT 1'IME: ____ STAY: _____

FINE: REMiT; SUSP: STAY:_

COSTS: REMIT: SUSP: STAY:

0 COMMUNITY SERVICE IN LIEU OF FINES

LANGUAGE INTERPRETER FEE:

COMMUNITY CONTROL• DAYSINOSJYRS PAY THRU•

q FINES AND DAYS CONCURRENTq COMMIT O 1'URNING POIN'I'O CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR 1q NO EARLY RELEASF q NOT ELIGIBLE FOR 3 FOR 1O FXTENDED TREATMENTQ REWARDS JAIL INTERVENTION FOR WOMEND ANY TREATMENT IF ELIGIBLE0 OTHER

DRIVING CONDITIONS: DRIVING SUSPENSfON: DAYS(MOSIYRS EFFECTNE DATE:

FRACOMPLIANCE: FRAlNONCOMPLIANCE_ 1 VEH.IMMOBIUZA71ON DAYS FORFEITURF,: YES NO& PLATESIMPOUNDF.D

CREDIT DAYS HELD.

q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILF,GES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.RA- COMPLIANCE SNOWN,

q OCCUPATIONALq VOCATIONALq EDUCATIONAI, •q COURT TREATMENTq MEDICALq RESTRICTED LICF.NSE PLATESq IGNITiON INTERLOCK , . . . •O D.L. EXANIINATION

COA1MUNITY COrTROL SANCTIONS:

DATE; JUDGElMAGiSTRATE:

RNIN : A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THF, PARTY HAS TIMELY AND SPECIFICALLY OB]ECTED THERETO AS REQUIRED BY CRl.N1NAL RULE 19.

Page 43: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

YMF.NT DATF•_

." ..(;ernr.Np:

4E

)srS:

.1NCAR:

iT FF.hS:

JRY FEES:

.D. FEFS:

IP FEE

tMv' FEE:

fOTAL PAID:

PRE-ROLL: GKk Utvor.nv^ . __ACTIVATE DATE: 09128/2006

CAsE: / 06/CRB/38497 COMM. CONTROLVIOL.:

DEFENDANT: FLAXNERY/GREGORYCTLNO: 913424 TICKET:

SEC. VIOL: 2 911- 21 ORCNCHARGE: CRII•SINAL TRESPASS bI4ARRESTDATE: 09/27/2006JMS NUMBER:SEX: M D.O:B.09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/RPROS. WIT: PO/SDWARDS

I ^

TO THE SHERIFF OF HAMILTON COUNTY, GREETfNGS: Where as, the above defendant was arrested and charged with ihe above section number. For good oauseshown, the defendant is ordercd to give bail in the sum indicated below. You are, therefore, commanded to receive the defcndant into your custody until the trial date, or untithdshe gives bail as ordered. Or, whereas, the above defendant, having been ttied and convicted otsaid charge(s) is sentenced, as indicated below. Therefore, we command youto receive the defendant into your custody, there to remain until he/she has fully executed the temtt of the sentence, or uatil otherwisc discharged by due eourse of law.

DATE ACTION SIGNATURE OFJUD EtMAGISTRATE

Arraignment • Probable cause to hold demonstrated OYES OxD

ORl $ Unsecured bond per Crim.R.46(A)(4)$ Bond @10% per Crim.R.48(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

1-12-07 S ^^ ^4D c t^ ,a ^a^tX

1l ce ^ l VCCMl^^^ t ^\

t/, tlV+a^t^+ GL MZLE^41 WaJt/11¢ A ,AA

Date The decision of the magistrate is adopted and the recommended sentence is 76tered JUDGEasthejudgrnentofthe court.

Page 44: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL EN't'RY - COMMITMENT/SENTENCE

PRE-ROLL: GREENBERG/BR.FsD:.CASE: / 06/CRB/38497

DEFENDANT: FLP.NNdERY/GREGORYCTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCN

(check ifappiicabte)

q i'vIAGISTI2ATE'S DECISION

CHARGE: CRIMINAL TRESPASS M4

ARRESTDATE: 09/27/2006JMS_NUMBER:

SEX: M D.O.B. 09/17/1958DEF, COUNSEL: GALLAGIiER/WILLIAM/R

PROS, WIT: PO/EDWARDS

PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was arrest¢d and charged with the above section numbcr. Whncas, the above defendant, having been tried and convicted of said charge issentenced, as indicated below. Therefore. we command you ta recc•rve the detendant into your custody, , there to remain until hetshe has fully executed Ihe temis of thesentence, or until otherwise discharged by due courso of laiv:

DAYS: SUSP: CREDIT TIME: _,_ STAY: __

FINE: REMIT: SUSP: STAY:

COSTS: REMIT: SUSP: STAY: ___

O COMMUNITY SERVICE IN LIEU OF FINES

LANGUAGEINTERPRETERFEE:

COMMIINiTY CONTROL:___ DAYS^OSfYRS. PAY TNRU:

q FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTq CONSECUTNE q NOT ELIGI&LE FOR 2 FOR 1q NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR 1q E, CTENDED TREATMENTq REWARDS JAIL INTERVEN77ON FOR WOMENq ANY TREATMENT IF BLIGIBLECIOTHER

DjttVING CONDITIONS: DRMNG SUSPENSION: DAYS/MOSNRS EFFECTIVE DATE:

FRA COMPLIANCE: FRAlNON COMPLIANCE: VEH.IMMOBILI2ATION DAYS FORFEITURE: YES NO II & PLATES IMPOUNDED .

CREDIT DAYS HELD

O DEFENDANT IS GRANTED L[MITED DRIVING PR[VILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECPNEtCURREnT F.R.A. COMPLIANCE SH4WN. ' ' • . • •

q OCCUPATIONALq VOCATIONAL0 EDIJCATIONAL , , ' . • .. O COURTTREATMENT ' - • •

q MEDICALq RESTRICTED LICENSE PLATES •0 1GNITION INTERLOCK - ' • ' • ^ .q D.L. EXAMINATION

COMMUNITY CONTROL SANCTIONS:

3•

DATE: JUDGElMAGiSTRATE:

1

I

WARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGACONCLUSION UNLESS TIIE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 45: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY - MITTIMUS

PRE-ROLL: GUCKENBERGER/GTJY/CACTIVATE DATE: 09/28/2006

CONCAR:

1VIT FEES

pUAY FEES:

P.D. FEES:

L[P FL'E:

3MV FEE:

[OTAL PA7D:

COMM. CONTROLVIOL.:

DEFENDANT: FLANNERY/GREGORY

CASE: / 06/CRB/38497

CTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCNCHARGE: CRIMIBiAL TRESPASSARRESTDATE: 09/27/2006JMS_NUMBER:SEX: M D.O.S.09/17/].958DEF. COUNSEL:PROS. WIT: PO/EDWARDS

M4

ITO TFIE SHERIFF OF HAMILTON COUNTY, GREETINGS: Where as, the above defendant was arresied and charged with the above auction number. For good causeshown, the defendant is ordercd to give bail in the sum indieated below. You are, therefore, commandcd to receive the defendant into your custody until the trial date, ar untithe/she gives bail as ordered. Or, whcrcas, the above defendant, having been tried and convicted of said eharge(s) is sentenced, as indicated below. 7yterefore, we command youto receive the defendant into your custody, there to remain until hc/she has fufty executed the term8 af the sentence, or until otherwise di'seharged by due oourse of law.

DATE ACTION SIGNATURE OFYMCE/MAGISTR.ATE

Arraignment - Probable cause to hold demonstrated OYEs )NO

OR! $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim,R.46(A)(3) Only

Conditions:

Pi

/06/CRB/38497 FLANNEEtY/GREGORY PT HHENCOURT DATE:10/16/06 AT 8:45 AM IN ROOM 240 CAUR`PEiOtISE

an. P, ell6

%05/CRH/38497t:fAJRT I}ATE:01/

E2,P.t3H>RY/(^1 _ JTl1AiAS^ ^

22/07 AT' i0:00 AFt, IN ROM 174 L^URTftOifvE TOffi ^(2i

i1 r ^ Op

Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgm'ent of the court.

JUDGE

Page 46: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

HAMILTON COUNTY MUNICIPAL CDURtIOURNAL ENTRY - COMMIThIENTlSENTENCE

CASE: / 06/CRB/38497

DEFENDANT: FLANNERY/GREGORYCTLNO: 913424 TICKET:

SEC. VIOL: 2911-21 ORCN

CHARGE:ARREST DATE:JMS NUMBER:-

SEX:DEF. COUNSEL:

CRIMINAL TRESPASS

09/27/2006

M D.O.B. 09/17/1958

PRB-ROLL: GUCKENBERGEI2•/G'0X%C'

(check if applivable)

[7IViAGISTR.ATE'S DECISION

PROS. WIT: PO/EDWARDS

M4

PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was artcsred and charged with the above section number. Whereas, the above defendant, having been tried and convicted otsatd charge issentenced, as indicated below. Therefore, we command you to receive the defendant inta your custody, there to remain until he/she has fully executed the tertns of thesentence, or until otherwise disahatged by due coutse of Iaw.

DAYS: SUSN CRED{T TIME: STAY:

FINE: REMIT: SUSP: STAY:_

COSTS: REMIT: SUSP; STAY: •

O COMMUNITY SERVICE IN LIEU OF FINES

IANGUAGE INTERPRETER FEF,:

COMMUNITY CONTROL:.i:

q FINES AND DAYS CONCURRENTq COMMIT OTURNiNG POINTO CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR 1q NO EARLY RELEASE q NOT EUGIBLE FOR 3 FOR tq EXTENDED TREATMENTq REWARDS JAIL IN'fERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLE •q OTHER

DAYSIMOS/YRS. PAYTHRU:

DRIVING CONDITIONS: DRIVING SUSPENSION: DAYSIMOS/YRS EFFECTfVE DATE:

VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED

CREDIT DAYS HELD

0 DEPENDANT rS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R,A. COMPLIANCE SHOWN.

CI OCCUPATIONALq VOGATIONAL •q EDUCATIONAL.q COURTTREATMENT- ^ •q MEDIC.IL •q RESTRIGTED LICENSE PLATESq IGNITION INTERLOCKO D.L. EXAMINATION

COMMUNITY CONTROL SANCTIONS:

. ',

fi'

. . :

DATE: JUDGElMAGISTRATE:

WARNI e A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATF,'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPEC[FICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 47: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

CASE NO.: /061CRE/38497DEF'ENDANT: e'LANNERY/GREGORYCONTROL NO.: 913424VIOLATION: 2911-21 CRIMINAL TRESPASS M4 •

PLEA: Not Guilty FINDING: GuiltyTHE DEFENDANT IS HEREBY SENTENCED AS FOLLOWS:TO THE SIiERIFF OF HAMILTON COUNTY, GRL•ETINGS: The above defendnnt having been convicted and sentenced as Jndicated below, you are herebyeommanded to teceive him/hcr into your custody, there to remain until the sentence has been futty executed or hdshc is otherwisc discharged by due eourse of faw.JAIL:DAYS: I CREDIT: 1 STAY: O.V.]. CONVICTIONS in PRECEDWG 6 YRS.:

q TURNING POINT q CONSECUTIVETOq EXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAMq REWARDS JAIL INTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMq NO EARLY RELEASE q 20 DAYS in TALBERT HOUSE TWENTY DAY PROGRAMq NO 2 for I OR 3 for I DETAILSq TO BESERVEDq DAYS H.C.I.C. STAYED TO AT ROOMRESIDENTIAL SANCITONS:FINANCIAL SM'CTIONS:

FINE: 0 REMIT:® COSTS q LANGUAGEINTERPRETERFEE

MONTHLY PROBATION SUPERVISION/COLLECTION FEESq RESTITUTION TO E q PROBATiDN TO DETERMINE AMOUNT NOT COVERED BY INSUR.

PAY ALL FINANCIAL SANCTIONS THROUGH PROBATION DEPARTMENT BY THE 99m DAY BEFORE COMMUNITY CONTROL EXPIRES.

STAY TO PAY TO:

DRIVER'S LICENSE:q FRA COMPLIANCE q FRA NON-COMPLIANCE

DRIVER'S LICENSE SUSPENSION . CREDIT DAYS PROM ALS. EFFECTIVE

['] IMMOBILIZE VEHICLE DAYS.CREDIT DAYS, q FORFEIT VEHICLEq IMPOUND PLATES OF EVERY VEHICLE REGIST'ERED TO THE DEFENDANT.

THE DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS:TO, FROM AND BETWEEN DEFENDANT'S RESIDENCE ANDq WORKq EDUCATIONq MEDICAL APPOINTMENTSq COURTORDEREDTREATMENTq VOCATIONAL

UNLESS IT IS THE EMPLOYER'S VEHICLE BEING DRIVEN IN TFIE COURSE AND SCOPE OF EMPLOYMENT,q 'fHE VEI-fICLC BEING DRIVEN MUST EIAVE RESTRICTED PLATES.q THE VEHICLE BEING DRiVEN MUST IiAVE AN iGNITION INTERLOCK.q DRIVING IS RESTRICTED TO THE HOURS:

COMMUNITY CONFROL SANCTIONS:A VIOLATION OFTHE COMMUNITY CONTROL SANCTIONSAL4Y RESULT IN A JAIL SENTENCE OF 70DAYS, OR A LONGER TIAIE UNDERTHESAMEORMORERESTRICTIVECOiYfAfUNITY CONTROLSANCTIONS..COMMUNITYSERVICEHOURS:IOTOBECOMPLETEDBY: '®.90°DAYBEFORE COMMUNITY CONTROL EXPiRES.

q MONITORED TIME0 BASIC SUPERVISION 8 mos.q INTENSIVE SUPERVISIONq M.D.O. / M.R.O. PROGRAM

q 5AYREPOR7INGq HOUSE ARREST w/ ELECTRONIC MONITOR

q DRUG/ALCOHOLTRL•ATMENT. q AMENDPROGRAM.q EDUCATION, TRAINING. COUNSELJNG OR TREATMENT PROGRAMS RECOMMENDED BY PROBATION,q RANDOM DRUG AND ALCOFIOL USF. MONITORING DURING THE PERIOD OF SUPERVISION. q NCti CLASS® DEFENDANT SHALL NOT VIOLATE ANY LAW NOR LEAVE OHtO w/o PERMfSSION OF THE COURT OR THE PROBxITION OFFICER, ANDS14ALL ABIDE BY THE GENERAL RULES FOR PROBATIONERS,OTHER SANCTIONS;

3/1312007

DATE

Page 48: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

AyMfBNTDATE:,

:ECEi?r No:_

:OSrS:

:ONCAH

Nrf FEES;

¢!RY F6ES:

P.D. FEES:

LIP FEE:

srv1V FEE

IYITAL PAtn:

LINK: ----- -- •

ACTIVATE DATE: 03/13/2007

CASE: /06/CRB/38498

DEFENDANT: 9IEETC:ER/ELLEt,TCTLNO: 2684072 TICKET:SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS-I4IOF7ING'LYARREST DATE: 09/27/2006!MS NUMBER:SEX: F D.O.B.03/06/1984DEF. COUNSEL:PROS. WIT: CARNEY/PO

COMM. CONTROLVIOL.:

M4

N BE

TO TEIE SHERIFF OF HAMILTON COUNTY, GREETINGS: Where as, the above defendant was atrestod and charged with ehc above section number. Forgood causeshouT, the defendam is orderedtu give bail in thesum Indicatcd befow. You are, therefore, eommanded to receive the defeadant into your custody untiS thc triat date, or untilhe/she gives bail as ordered. Gr, whereas, t7x above defendant, having been tried and canvicted of said chatge(s) is sebtenced, as indicated below. Then;fotS wa command youto receive the defendam ihto yeur eustody, there to renisin until he/she has fully exwutcd the tetms of the sentence, or until otbenvise diseherged hydue couese oflaw

DATE ACT[ON SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated t) Yss {)trO

ORl $ Unsecured bond per Crim.R.46(A)(1 )

$ Bond @10'/e per CrIm.R.4S(A)(2) or (3)

$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

Dato The decision of the magistTate is adopted and the recommended sentence is enteredas the judgment of the court.

JUDGE

Page 49: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY - COMMITAIENTISENTENCE

LnvK: STOCKDALE/DAVID/C

cnSE: / 06/CRB/38498

DEFENDANT: DT_^^IC-EF3/^T L•EIdCTLNO: 2684072

SEC. VIOL: 2911-21A1 ORCNTICKET:

(check if applicable)

q l^t'.AGISTF.ATE'S DECISION

CHARGE: TRE SPAS S-ICNOW INGLY M4

ARREST DATE: 0 9/27 / 20 0 6JMS_NUMBER:

SEX: F D.O.B. 03/06/19B4DEF. COUNSEL:

PROS. WIT: CARNEY/PO

PLEA: FINDING: O.V.1 CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINOS:Whereas,dieebovedefrndentwasarrestedandcharged withtheabavcsectionnumber. Whcreas,fieabovedefendanl,bavin8beentriedandcoavicledofsaidohargeissentenced, as indioatad belnw. Thaeflne, we wmnrdnd you to reoeive the defendant into your eustody, there to remain until be/she tucs fully executed the hans ofthesentence, or until othenvise d'ucbarged by due aoarse of law

DAYS: SUSP: CREDIT TIME:_ STAY: _

FINE: REMIT: SUSP: STAY:,_,_,_

COSTS: REMrr: SUSP: STAY:

13 COMMUNITY SERVICE IN LIEU OF FINES

LANOUAGE INTERPRETER FEE:

COMMUNITY CONTROLt DAYSIMOS7YRS. PAY THRU: .

DR[VINGCONDITTONS: DRIVINGSUSPENSION: DAYSt1v1OSlYRS EFFECTIVEDATE:

FRA COWRPLtdNCE: FRAINON COMPLIANCE: VEH.IMMOBILIZATION DAYS FORFEfi'URE: YES NO& PLATES IMPOUNDED

CREDff DAYSHELD

0 DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. COMPLIANCE SIIOWN.

0 OCCUPATIONALqVOCATIONAL •q EDUCATIONALQ COURTTREATMENTq MEDICALq RESTRICiEDLICENSEPLATESq IGNITIONINTERI.OCK13 D.L. E,CAMINATION

COMMUNITY CONTROL SANCTIONS:

DATE: JUDGE/hLtGLSTRATE:

O FINFS AND DAYS CONCURRENTQ COMMIT q TURNAIG POINTq CONSECUTIVE CE NOT ELIGIBLE FOR 2 FOR IO NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR 1DEXIENDEDTREATMENTq REWARDS JAIL PITERVENTION FOR WOMENq ANY TREATMENT IF ELIOIBLEn OTEfER

LVARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON,tPPEALTI[E COURT`S ADOPTION OF A 6fAGISTRATE`S FACIUAL FINDING OR LEGALCONCLUSION UNLESS TfIE PARTY IIAS TRIELY AND SPECIFICALLY ORJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 50: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

AYMENT DATE: PRE-ROLL:MALLVx7C/ W1LL Cr.va^ i,

EC6IPT NO: .ACTIVATE DATE: 09/28/2006

_FINF: _ CASE: / 06/CRB/38498 COMM.CONTROL 1211111_

VIOL.:^-oSTS: 9S•^ ^

DEFENDANT: DIENGER/ELLENNCAR

TFEES:

RYFFES: 2^

P.ll. PEES:

I^P FYE:

6MV rEE:

o'rAL PAID:

CTLNO: 2684072 TICKET:SEC. V1OL: 2911-21A1. ORCNCIiARGE: TRESPASS-SNOWINGLY M4ARREST DATE: 09/27 /2006JMS_NUMBER:SEX F D.O.B.03/06/1984DEF. COUNSEL: GALLAGHER/WILLIAM/RPROS. WIT: CAR2dEY/PO

^il I1^' I

a

TO THE SHERIFF GP HAMILTON COUNTY, GRGCTINGS: Where as. the above defendant was acrcsted and chargod with the abovc seGion number. For good causoshown, aw defendatb is ordeFed lo give bail in du sum indiwted below. You en:, thercfore, commanded to receive the defendant into your custody until the tdal date, or untilhe/she gives bail as ordered. Or, whcreas, the ahove defendant, having been ttled and convicted of said charge(s) is sentenced, as indicated below. 7'herefore, we command youto roceive the defendont into your custody, there to remain until hefsbe hos fully executed the temis of ihe sentence, or until otherwise dischargcd by due course af law.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated ()YES () ero

OR! $Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

3-1:z-o7 n `^ , c^ ( t t,Q •

• 3- I^-^'1 8. 3 0

3--1-S-07

q^ c^-b 17

f)ate The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.

JUDGE

Page 51: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY - COMMITTIENTISENTENCE •

PRE-ROLL: MALLORY/WILLIAM/L

CASE

D: •FENDANT:

CTLNO:

SEC. ViOL:

CHARGE:ARREST DATE:7MS_NUMBER:

SEX:

DEF. COUNSEL:

PROS, WIT:

PLEA:

/06/CRB/38498

DIE23isER/ELLEY32684072 TICKET:2911-21A1 ORCN

TRESPASS-IQIOWINGLY09/27/2006

F D.O.B. 03/06/1984

GALLAGF3ER/WILLIAM/RCAFtNEY/PO

M4

(check ifappGtabk)

qNfAGiS'I'd2ATE'S DECiSaON

FINDINCr: O.V.1 CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF IIAMILTON COUNTY, GREETINGS:VJturees, the ebove defendant was acmted and chargM with the above seetion number. Whercas, ihe above defendant, having bcen tded and oonvicted of said chargc issentenced, as indicated below. Therefare, we command you to recei+re the defendant into your cnstody, there tu remain until he/she has fully excauted the tcrnu of thesenti:nce, or until mherwise discharged by due course of law.

tMYS: SUSP: CREOfTTIME: STAY: D F1NES AND DAYS CONCURRENT,17 COMMIT q TURNING POINT

FINE: REMIT: SUSP: STAY: q CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR I

COSTS: • REMIT: SUSP: STAY: q EXTENDED TREATMENT17 REWARDS JAIL INTERVEN7TON FOR WOMEN

q COMMUNSTY SPILVICE IN LIEU OF FINES q ANY TREATMENT IF ELIGIBLEq OTHER

LANGUAGE INTERPRETER FEE:

COAiMUNITYCONTROLe DAYS/MOS/4R$ PAY THRUc

DRIVINGCONDTT7ONS: DRIVINGSUSPENSION: DAYS/MOSiYRS EFFECTIVE DATE:

FR{l COMPLIAhICE: FRafNON CEN4iPl.iANCE: l VEH.IMMOBILIZATION DAYS FORPEI7•URE: YES NO& PLATES IMPOUNDED

CREDIT DAYS HELD

q DEFENDANT •5 GRANTED LIMITED pRIV1NG PRIVCLEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECFI VE:CURRENT F.R.A. COMPLIANCE SIIOWN, • ' ' ' '_ '. • •

13 OCCUPATIONALq VOCATiONALq EDUCATIONAL0 COURTTREATMENTO MEDICAL(3 RESFRlCTED LICENSEPLATESq IGNITION 1NTERLOCK!7 D.I.. EXAM[NATION

CO1IIN4UNITY CONTROL SANCTIONS:.„•_

•,os•

I

DATE: JUDGE/MAGISTRATE:

WA.RNING: A PARTY SHALL NOT ASSIGN AS F.RROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY IIASTIMELY AND SPECIFICALLY OBJECTED il•IERETO AS REQUIRED BY CRIMBQAL RULE 19.

Page 52: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

AYMENT DATE-

'1

ECEIPT N0:

05TS

ONCAR_

W [T FL'L'

::URY FEES

DU

P. FEES:

F[iE

MV FHE

o7AI. PAID:

PRE-ROLL: MALLORY/WILLiAM/ LaACTIVATE DATE: 09/28/2006

CASE: / 06/CRB/38498 COMM.CONTROLVIOL.:

DEFENDANT: DIENGEg/ELLERCTLNO:2684072 TICKET:

SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS-ECNOWINGLY. M4ARREST DATE: 09/27/2006JMSNUMBER:SEX

_F D.O.B.03/06/1984

DEF. COUNSEL: GALLAGSER/WILLIAM/RPROS. WIT: CP.RNEY/PO

IN^

TO'I'itE SHERIFF OF HAMII.1ON COUNTY, GREETINGS: Where as, the abave defendant was arresmd and chargcd w'nb the above section number. For good causeshown, the defendant is ardeted to give bail in the sum indicated below. You are, thcrefine, commanded to rcce'rve the defendant i nto your custody until the trial date, or untilhe/shc gives bail as ordered Or, whemas, dte above dekndant, having been tded and convicted ofsaid charge(s) is sentenced, as indicated below. Therefore, wa commend youto rersivc rhe dcfendmn into your cusiody, therc to remain undl helshe hu fuAy executed the tenns of Ua: sertencc, or. un61 ofiarwise discharged by due aootse of law.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated O iES O No

OPJ $ Unsecured bond perCrim.R.46(A)(1)5 Bond @70916 per Cr)m.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

d

2

r^^ ^ • ^-^^-o

Date The decision of the magistrate is adopted and the recommended sentence is entered JUDGEas the judgment of the cowt.

Page 53: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

n1WlILeUn\.VUfYr I MUm^u+www

CASE: / 06/CRB/38498

DEFENDANT: DIEt3GER/`3LLEIdCTLNO: 2684072

SEC. VIOL: 2911-21A1 ORCK

JOURNAL ENTRY - COMMITMENT/SENTENCF.

P RE-ROLL:MAL LORY /W I L L IAM / L

TICKET:

(check if applicahle)

ulVFAffISTF'.A'I'E'S DECISION

CHARGE: TRESPASS-I{NOWixGI.Y M4ARREST DATE: 09/27/2006JMS_NUMBER:

SEX: F D.O.B. 03/06/1984IIEF. COUNSEL: GR.LLAGFiER/WILLIAM/R

PROS. WIT: CARNEY/PO

PLEA: FINDING: O.V.1 CONVICTIONS W/IN PREV.6YRS:

TO THE SHERIFF OF IIAMILTON COUNTY, GREETINGS:Wherees, ihe above defendant was arrested and charged with the above section number. Whereas, the above defendant, having been nicd and convicted of said charge issentenced, as indicated below. Therefore, we command you to receive the defendant into your cuslady, thcro to remain until heJshe has iblly execuled the tcmts of tltcsentence, or until olherwise discharged by due wurse of law.

DAYS: SUSP: CREDIT TIME: STAY:

FDJE: REMIT: SUSP: STAY:

COSTS; REMIT; SUSP; STAY:

n COMMUNfPY SERVICE IN UEU OF FINES

LANGUAGE INTERPRECER FEE:

C6MAtUNITY CONT'ROLt DAYSIPrtOSIYRS. PAY TBRU:

pRTVING CONDIT[ONS: DRIVING SUSPFNSION:

q OTHER

DAYSIMOStYRS EFFECTIVE DATE:

^ FRA COMPLfANCE: FRWIVON COMPLIANCE: I VEH.IMMOBILIZATION DAYS 17ORFCI7URE: YES NO& PLATES IMPfNINDED

CREDIT DAYS HELD

q DEFENDANT IS GRANTED LIAIITED DRIVNG PRIVILEGES AS FOLLOWS AFTER dtANDATORY SIISPENSION EFFECT1VEtCURRENT F.R.A. COMPLIANCE SIiOWN.O OCCUPATIONAL • 'O VOCATIONAL • • ' 'O EDUCATIONALO COURTTREATIMENT0 MEDICALq RESTRICTED LICENSE PLATESq IGNITION INTERLOCKD D.L. EIfAJ•IINATION

COMMUNITY CONTROL SANCTI©NS:

q FINES AND DAYS CONCURRENTO COMmT 0 TURNING POINTq CONSECUTIVE 13 NOT ELIGIBLE FOR 2 FOR Iq NOEARLY RELEASE q NO'f ELIGIDI.F. FOR 3 FOR Iq EXTENDED TREATMENTO REWARDS JAIL INTERVENTION FOR WOMENO ANY TREATMEN'I' IF ELIGIBLE

DATEI JUDGE/MAGISTRATE:

WARNING: APARTYSHALLNOTASSIGNASERRORONAPPEALTI[ECOURT'SADOPTIONOFAMAGISTRATE'SFACFUALFL\DiN'GORLEGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CR[MINAL RULE 19.

Page 54: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

^AYh1ENT DATE:

^ECBIPTNO:_,•

F7NE:_

STS__

AtCAR,

Cr FeES:,

Y FEES:_

^P.n. FEES:_

eMV FM._

TOTAL PAID;

PRE-ROLL: MAI,LUKZ / wla,s.-.esaWACTIVATE DATE: 09/281z006

CASE: /06/CRB/38498 COMM. C.ONTROLVIOL.:

D EF eN D ANT: 1) 1F.tL1'G9R/E =N

CTLNO:2684072 TIChET:

SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS-IQiOWINGLY 144

ARREST DATE: 09/27/2006IMS NUMBER:SEX: F D.O.B. 03/06/1984DEF. COUNSEL: T.T.nr_wt.'u/WILLTaM/R

PROS. WIT: CARNEY/PO

TO TbIE SHERIFF OF HAMILTON COUNTY, GREET7NOS: Where as, the above defendant was arrested and charged vAth t he above section number. For good causeshown, dz defendant is ordered to give bail in the sum in(licated below. You me, thercfore, cammanded to rece(ve the dekndant into your austody until the trial dae, or untilhelshe gives bait as ordared. Or, when:as, the above defendant having been tr(cd and convicted ofsaid charge(s) is scnuneed, as indicated below. Themfore, we command youto receive the defendani into your custody, thero to remain until hdshe has fufly executed the tomts orihe sentence, or until othvwise discharged by due course of taw.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arra(gnment- Probable cause to hold dernonstrated ) xsS ()nw

OR/ $ Unsecured bond per Crim.R.46(Ax1)$ Bond @10% per Crim.R.48(A)(2) or (3)$ Secured Bond per Crim.R.46(P,)(3) Only

Conditions:

6-07-07 ^. 3

3 (q1&?

Date The decision of the magistrate is adopted and the recommended sentence is enteredasthejudgtnentofthecourt.

JUDGE

Page 55: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY- COMM frMENTlSENTENCE

PRE-ROLL: MALLORY/WILLIAM/L

CASE: /06/CRB/38498

DEFENDANT: DIENGER/ELLENCTLNO: 2684012

SEC. VJOL: 2911-21A1 ORCNTICKET:

(checkifapplioable)

®NIAGIS'TRA'I'E' S DECISION

CHARGE: TRESPP.3S-I¢70WrNGI.Y M4ARREST DATE: 09/27/2006JMS_NUMBER:

SEX: F D.O.B. 03/06/1984DEF. COUNSEL: GP.LLAGEER/WILLIAM/R

PROS. WIT: CARrFEY/PO

PLEA: FINDING: O-V-1 CONVJCTIONS WflN PREV.6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, OREETINGS:Whereas, the above defendunt was anrsted and ohargad with the above section number. Whercas, the above defendant, having been tcicd and convicted of said charge issentenced as indicated belmv, Tborefore, we command you to rcccive tho defendant into your custody. , tbe¢ to remain until helshe has fully executed the tetms of titesentence, or tuttil otherwise discharpxd by due covse of law.

DAYS: SUSP: CREDIT TIME:_ STAY:

FINE: REMfT: SUSP: STAY:

COSTS: REMIT: SUSP: STAY:

0 COMMUNlTY SERVICE IN LIEU OF FINES

LA'NGUAGE INTERPRETER FEEt

COMMUNITYCONTROL: DAYSTIOSIYR.S. PAY't•F[RU:

q FINES AND DAYS CONCURRENTq COMMIT O TURNING POINTq CONSECUCIVE - 0 NOT ELIGIBLE FOR 2 FOR Iq NO EARLY REIPASE q NOT EL[GIBLE FOR 3 FOR IO EXTENDEDTREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TRE4TMITIT IF ELIGIBLEq OTHER

DRIVING COND[TIONS DRIVING SUSPENSION: DAYSlIAOSlYRS EFFECTIVEDATE:

FRA COMPLIANCE: FRAINON COMPLIANCE: IVEH]MMOBILIZATION DAYS FORFBITURE: YES NO&PLATESIMPOUNDED

CREDIT DAYS HELD

q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AF'fER IHANDATORY SUSPENSION EFFECTIVE:CURREN'1'F-R.A.COMPLIANCESHOWN. - • '

q OCCUPATIONALq VOCATIONA], •q EDUCATIONALq COURT TREATMENTQ MEDICALq RESTRICTED LICENSE PLATES . , 'q IGNfIlON INTERLOCKq D.L.E.YAMINATION

COMMUNITY CONTROL SANCTIONS:

DATE: JUDGEJMAGISTRATE:

WA NG: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TIiE COURT'S ADOPTION OF A]4IAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO.VS REQUIRED BY CRIMINAL RULE 19.

Page 56: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

E6.,Y.•!r.^rrDATE:

'ECEIF'f NO^^ e

1NE:'

osrS:

rYiNCAR:

1

T FEES:

URY FEPS:

.D.FErS:

II' FEE:

8 [v1:V FEE:

^TOTAL PAID:_

PRE-ROLL: MALLORY/ WILLlAM/ LACTIVATE DATE: 09/20006

CASE: / 06/CRB/38498 COMM. CONTROLVIOL.;

DEFENDANT: DI^'NC-ER/ELLEN

CTLNO: 2684072 TICKET:

SEC. VIOL: 2911-21A1 ORCN

CHARGE: TRESPASS-FQJOWINGLY M4ARREST DATE: 09/27/2006JMS NUMBER:SEX: F D.O.B. 03/06/1984DEF. COUNSEL: C'>A'LLAGFFER/WILISAM/R ,ja^101ee.k_PROS. WIT: CARLTEY/PO

N

FER

Z=

TO TNE SHERIFF OF HAM3LTON COUNTY, GREETINGS: Whcre as, the above dcfendant was anested and charged with the abovc section number. For good causesho•vn, lhe dcfendant is ordered to give bail in the sum indicated below. You arc, therefore, conunanded to receive the dcfendant into yoor custody until the trial date, or uotilhe/she gives bail as ordered. Or, whereas, the above defendant, having been tried and convicted of said charge(s) is sentenced, as indiceted below. Therefore, we command youto receive the defendant into your eustody, there to «main until he/she has fully executed the terms of the sentence, or until otherwise discharged by due course of law.

DATE ACTION ' SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated ()Yss () No

ORr $ Cinsecured bond per Crlrn.R.46(A)(1)$ Bond @10% per Crim.RA6(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

CcAA^ 7Tr/06/t^tB/38498

COLktT DARE:03' -- DIFZ1^tJELi.EN 3T KSC:M iebu aj.R•/05/07 AT 1t00 PM IN ROOM 174 COURZ'HOU88 a 9

45.418t. W. extended

3-05-07 v6^Adzv_w 7 I; v e)

No 7 / ;

v #Date The decision of the magistrate is adopted and the recommended sentence is entereiras the judgment of the court.

JUbGE

Page 57: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOUKNAI. ENTRY - t:UMMt t MGn lracn ^ o. ^..

CASE: / 06/CRB/38498

DEFENDANT: DIENGER/J'LLEIEN

PRE-ROLL: MALLOftRY/WILLIJAM/Lr

(chcck if applicable)

0MIAtR[S'I'ItA'TE'S DECISIONCTLNO: 2684072

SEC.VIOL: 2911-21AI ORCNTICKET:

CHARGE: TRESPASS-I{NOWSNGLY M4

ARREST DATE: 09/27/2006JMS NIJMBER:-

SEX: F D.O.B. 03/06/1984DEF, COUNSEL: GALLAGHER/i«TILLIF►IK/R

PROS. WIT: CRRNEY/PO

PLEA: FINDING: O.V-t CONVICTIONS W/IN PREV.6YRS:

Tt] THE SHERIFF OF I-IAMILI'ON COUNTY, GREETINGS:Whereas, the above defendant was artested and eharged with the above section number. Whereas, the above defendanl, having becn tried and convicted of said eharge issentenced, as indicated bclow. Tbercfore, we command you to receive the defendant into your custody , them to remain uneil hcishe has fully exeouted the terms of thcsentence, or until otherwise discharged by due oaurse of law.

DAYS: SUSP: CREDIT TIME: - STAY:

FINE: REMI'I': SUSP: STAY:

COSTS: RL'MCf: SUSP: STAY:

q COMMUNITY SERVICE IN LIEU OF FINES

LANGUAGE INfERPRETER FEE:

C:OFiMUNITY CONTROL• DAYS/MOSIpRS PAY TEIRU-

q FINES AND DAYS CONCURRENTq COMMIT LI TURNING POINTq CONSECUTIVE q NOT EEJGISLE FOR 2 FOR 1q NO EARLY RELEASE q NOT ELIGISLE FOR 3 FOR Iq EXTENDED TREATMENTq REWARDS JAILIM'ERVENTION FOR WOMEN0 ANYTREATMENT IF ELIGIBLEq O719ER

D•R NG CONDIT1ONSe DRIVING SUSPENSION: DAYS/MOSIYRS EFFECTIVE DATE'

FR.A COMPLIAldCE: ERAlNON COMPLIANCE: 1 VEH.IMMOBILIZATION DAYS FORFEITURE; YES NO& PLATES SMPOLINDED

CREDIT DAYS HELD

q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECFEVE:CURREN'E' F,1LA. COMPLIANCE SEIOWN. • ' '

q OCCUPATIONALO VOCATIONAL13 EDUCATIONALO COURT TREATMEN'f13 MEDICALO RESTRICTED LICENSE PLATES,

. ' 'El IGNITEON INTERLOCKO D.L. EAAMINA'1'ION

COMMUNITY CONTROL SANCTIONS;

DA.'E'E: JUDGE/StAGISTRATE:

t='ARNENG: A PARTY SFLlLL NOTASSIGN AS ERROR ON APPEAI. TEEE COURT'SADOPTIONOF A ttAG1STRATE'S FACTUAL FhVDING OR LEGALCONCLUSION UNLESS'IHE PARTY EIAS T4MELY AND SPECEFICAt.LY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 58: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

yYS"-LM,*ronTE;

EcBirrr^,'` •

fNE

:ossS:

:ONCAB:

VLT FErS:

URY FE[3

'.D. t•'F•FS-

JP FEE:

3MV FEG:

fbTALFAID

S-Mi;KI]ALE.-

m •

szs

so

TO TIiE StlER1FF OF HAMILTON COUNTY, OREETINt7S: Where as, the above dcfendant was anested and ehargad with the above seetion number. For good causeshown, the derendent is ordeeed to give bail in the sum indicated below. You aro, thereforc, commanded tu rexive the defondant into your custody until the trial date, or untilhelshe gives bail as ardered. Or, whereas, the above defendant, having been tried and convicted ofsaid eharge(s) is sentenced, as itidicated below. Therefore, we command you -to receive the defendant into your cusrody, there to temain until he/she has fullyexeeuted the lerms of the sentence, or until otherwise discharged by due course of law.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

09/28/2006 JCA12 : 3 0 pm Arralgnment • Probab!® cause to hold dernonstrated - C ) Yae O No

OR! $ Unsecured bond per Crim.R.46(A)(1) GRANT/CAI;RYL/D

$ Bond @10"/o per Crim.R.46(A)(2) or (3)Secured Bond per Crim.R.48(A)(3) Only

,,•ii ` Canditions:

WRITTEN PLEA OF NOT GUILTY/06/CRH/38498 DIIMMR/F.U,pi PT R7A'PCYJIIRT DATI~:10/06/06 AT 9:00 .4li IAI RtYJAd 174 CQIJR'!€iCTE1SI;

C^C: CkQ -s$"E(t,

/ -6-o 0 ln - /cQ -4 q+ re9 i'

,' ^ -^./g/^i^^9s

OOFIRfi DA2Fs: @1/2

n^I^2/@7 AT 19: C^ RM SFf ROOI4 116. ^ tj0(!S 0( ^t^ Cf r^^4^J 71 ^r5^. . BdC19 Q^

-'fne aeciston oI'tiSe magistrate is adopted and the reeo ed^ ^ if red u geas the judgment of the court.

ACTIVATE DATE: 09/2812006

CASE: / 06/CRB/38498

DEFENDANT: I) I L*'NC"s S P. /$L L NIvTCTLNO: 2684072 TICKET:SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS -KNOWINGLYARRESTDATE: 09/27/2006JMS nRJMBER: 1219804SEX: F D.O.B.03/06/1984DEF. COUNSEL:

COMM. CONTROLVIOL.:

M4

^'-PROS. WIT: CARNLY/I^

1

Page 59: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

- ^'JOURNALENTRY-COMiYtITMENTISENTENCE

PRE-ROLL: MALLORY/N)ILLi N-M/L

CASE: /06/CRB/38498(ebeck if applicebte)

DEFENDANT: DIENIGER/B;LLEi3 qMAGIST'RATE'S DECISIONCTLNO: 2684072 TICKET:

SEC. VIOL:

CHARGE:

2911-21A1 ORCN

TRESPASS-KNONIN(iLY M4

ARREST DATE: 09/27/2006JMS NUM$EIA: 1219804

SEX:DEF. COUNSEL:

PROS. WI'Ct

F D.O.B.

CARPtEY/PO

03106/19.84

PLEA: FINDING: O.V.I CONVICTIONS WIIN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Wheroas, the above defendant was arrested and eharged with thc above section number. Whereae, the above defendant, having been tried and convicted of said charge issentenced, as indicated below.. Therefore, vie conunand you to receive the defendant into ye¢r cusLOdy , there to remain until hUshe has fully executed the tcrms of thesmtcnec. or until othmvise diacharged by due eourse of 1ew,

DAYS: SUSP: CREDIT TIME: ___ STAY:

FINE: REMIT: SUSP: STAY:

COSTS: REMIT: SUSP: STAY:

Q COMMUNITY SERVICE IN LtEU OF FINES

q FINFS AND DAYS CONCURRENTq COMMtT q TURNING POINTq CONSECUTIVE q NOTELIGIBLEFOR2FORIQ NO EARLY RELEASB q NOT ELIGIBLE FOR 3 FOR Iq EXTENDEDTREATMENTQ REWARDS JAILINTERVENTiON FOR WOMENq ANY TREATMENT IF ELIGIBLEq OTHER

LANGUAGE tNTERPRETER FEE:

C4MMUiV[TYCONTROL: "DAYSlMOSlYRS, PAYTHRU:

gRIVINGCONDITIONS: DRIVINGSUSPENSIONi DAYSlMOSl1'RS EFFECTIVEDATE:

FRA CONiPLiIWCE: F'Rll(NON CONPPLIItNCE: l VEH.lMMOHILIZATION DAYS FORFEITURE: YES NO& PLATL•S IMPOUNDED

CREDIT DAYS HELD

D DEFENDANT IS GRANTED LIMlTED DRIVING PRIVILEGES AS FOLLOH'S AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A COMPLIANCE SHOWN.

13 OCCUPATIONALO VOCATIONALD EDUCAITONAL'q COURTTBEATMENT

tO MEDICAL^ ^ ^ O RESTRICTED LICENSE PLATES

6 IGNITION INTERLOCK0 D.L.EXAMINATION

COMMUNITY CONTROL SANC17ONS:

I

\ t . t • ' I^ - . .

DATE: 3UDGE/MAGISTRATE:

w'.4.RNLNG: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LECALCONCLUSION UNLESS THE PARTY HAS TIMELY ANDSPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 60: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JLA'1:1t)N: 29I1-21AI TRESPASSdCNOYVIIVGLY 'M4

PLEA: Not Gullty FINDING: Gulily[E DEFENDANT IS HEREBYSENTENeEW-AS FOLL-OWS: ....:- . .. .:. ." . .THE SHERIFF OF HAMILTON COUNTY, GREETINGS: The above defendant having been convicted and sentenced as indicated below, you are herebytmanded to receive hiMher into your custody, thefe to remain until the sentence has been funy executed or helshe is otherwise discharged by due course of law.IL:.YS: I CREDIT: I STAY: O.V.L CONVICTIONS in FRECEDING 6 YRS.:

TURNING POINT q CONSECUTIVE TOEXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAMREWARDS JAIL INTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMNO EARLY RELEASE q 20DAYS in TALBERT HOUSE TWENTY DAY PROGRAMNO 2 for 1 OR 3 for 1 DETAILSTO BE SERVED

DAYS H.C.J.C. STAYED TO AT ROOMESIDEN-TIALSANCTI.ONS:_PIANC IAL SANCTIONS:

' FINE: OREMIT:COSTS j q LANGUAGEINTERPRETERFEEMONTHLY PROBATION SUPERVISION/COLLECTION FEES

] RESTITUTION TO S q PROBATION TO DETERMINE AMOUNT NOT COVERED BY INSUR.9 PAY ALL FIPANCIAL SANCTIONS THROUGH PROBATION DEPARTMENT BY THE 90'" DAY BEFORE COMMUNITY CONTROL EXPIRES.i _

STAY TO PAY TO: . . . " . - . .

)RIVER_..

'S LI._.. _CENSE:__ .. . . .

. . . - _.. ....:_ .-._.__._- ____..._ ..-_ _

] FRA COMP IANCE _ q FRA NON-COMPLIANCE '.. .^" . . . - - .. -.-:_-.

DRIVESt'S LICENSE SUSPENSION CREDIT ... DAYS FROM ALS,. EFFECTIVEq IMMOBILIZE VEHICLE DAYS. CREDIT DAYS. q FORFEIT VEHICLEq DAPOUND PLATES OF EVERY VEHICLE REGISTERED TO THE DEFETIDANT.

THE DEFENDANT IS GRANTED LIMII'ED DRNING PRIVII.EGES AS FOLLOWS:TO, FROM AND BETWEEN DEFENDANT'S RESIDENCE ANDq WORK

q EDUCATIgN

q MEDICAL APPOINTMENTSq COURT ORDERED TREATMENTq VOCATIONAL

UNLESS IT tS THE EMPLOYER'S VEHICLE BEING DRIVEN IN THE COURSE AND SCOPE OF EMPLOYMENT,q THE VEHICLE BEING DRIVEN MUST HAVE RESTRICTED PLATES.q THE VEHICLE BEING DRIVEN MUST HAVE AN IGNITION INI'ERLOCK.q DRIVING IS RESTRICTED TO THE HOURS:.

COMMUNITY CONTROL SANCTIONS:A VIOLATION OF THE COMMUNITY CONTROL SANCTIONS MAY RESULT IN A JAIL SENTENCE OF 10DAYS, OR A LONGER TLME UNDERTHE SAME OR MORE RESTRICTIVE COMMUNFFY CONTROL SANCTIONS.COMMUNITY SERVICE HOURS: 20T0 BE COMPLETED BY: 904 DAYBEFORE COMMUNITY CONTROL EXPIItES.

q MONITORED TIME

BASIC SUPERVISION 8 mos.

q INTENSIV,ESUPERVISIONq M.D.O. / M.R.O. PROGRAM

q DAYREPORTINO

q HOUSE ARREST w! ELECTRONIC MONITOR

q DRUG / ALCOHOL TREATMENT. q AbiF.ND PROGRAM.q EDUCATION, TRAINING, COUNSELING OR TREATMENT PROGRAMS RECOMMENDED BY PROBATION.q RANDOM DRUG AND ALCOHOL USE MONITORING DURING TEE PERIOD OF SUPERVISION. q NCTI CLASS® DEFENDANT SHALL NOT VIOLATE ANY LAW NOR LEAVE OHIO w/o PERMISSION OF THE COURT OR THE P OBATION OFFICESHALL ABIDE BY THE GENERAL RULES FOR PROBATIONERS. // ^.. A^^^

//OTHER SANCTIONS:3fi3/2007

Page 61: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

.Y MENT DATE:

:Ce1FT NO:_

NE:

]STS:- U3'Q0

-^,NCARr

'IT FEES:4-50-

7RY FEFS:^o

D. FF.ES:

IP FEE:

M V fFE:

O'i'AL PAID:

PRE-ItULL:a•^asu+.....^, .

ACTIVATE DATE: 09J28/2006

CASE: / 06/CRB/38499 COMM. CONTROLVIOL.:

DEFENDANT: J9a'GEtd/M^..@Y ^CTLNO: 2684075 TICKET:

SEC. VIOL: 2911-21 ORCNCHARGE: CRIMINAL TRSSPASS M4ARREST DATE: 09/27/2006J MS_NUMBER:SEX: F D.O.B. 05/15/1928DEF.COUNSEL:GALLAGHER/WILLIAM/RPROS. WIT: PO/BIRC&

MI

'O THE St{ERIFF OF HAMILTON COUNTY, GREETINGS: Wherc as, the above defendant was arrested and cherged with the above scetion number. For good causehown, the defendant is ordered to give bail in the sum indicated bclow. Youate, thereforc, commanded to receive the defendaat into your custody until the trial date, or untilie/she gives bail as ordercd. Or, whercxs, the above defendani, having been tried and convicted of said eharge(s) is sentenced, as indicated below. Therclore, we command youo receive the defendant into your eustody, there to remain until hefshe has fully executcd the terms of the scntence, or until othenvise discharged by due eaurse or law.

DATE ACTION SIGNATURE OFJUDGE/M GI TRATE

Arraignment - Probable cause to hold demonstrated ( y YisS () xo

OR/ $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crtm.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Condttions:

S 44,,-17-o T, -00

s

L?ate The decision bfthe magistrate is adopted and the recommended sentence is enteredas the judgrnent of the court.

JUDGE

Page 62: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNALENTRY-COMMITMENTlSENTENCE

PRE-ROLL: MALLORY /WILLIAM/ L

CASE: / 06/CRB/38499

DEFENDANT;

CTLNO:

SEC. VIOL:

CHARGE:ARREST DATE:JMS_NUMBER:

SEX:

DEF, COUNSEL:

PROS. WIT:

PLEA:

JZGEN/MARY26840752911-21 ORCN

CRIMINAL TRESPASS

09/27/2006

TICKET:

M4

(checkifapplicable) . •

L7MAGISTFzA i E'S BECISI(?N

F D.O.B. 05/15/1928GALLAGflER/WILLIAM/RPO/BIRCH

FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:

'O THE SHERIFFOF HAMILTON COUNTY, GREETINGS:Nhereas, the above defendant was arnsted and charged with the above section number. Whereas, the above defendant, having been tried and convicted of said charge is^enienecd, as indicated below, Thereforq we command you to receive the defendant into yonr custody, there to remain until he/she ha+ fully cxecutcd the rerms of thea:nrence, or until othenvise discharged by due course of lmv.

)AYS: SUSP: CREDIT TIME: _ STAY: -

-tNE: ILEMIT: SUSP; STAY:

COSTS: REMIT: SUSP: STAY:

0 COMMUNITY SERVICE IN WEU OF FINES

LANGUAGE INTERPRETER FEE:

CQMMUNiTVCONTROL: DAYS/MOSJYRS. PAYTIIRU:

pRIVING CONDITIONS: DRIVING SUSPENSION:

FRA COMrPLiANCE: FRFrfNON COMPLIANCE:, 1 VEH.IMMOBILIZATION DAYS FORFFITURE: YES NO& PLATES IMPOUNDED

CREDif DAYS HFLD

q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:•CURRENT F.R.A. COMPLIANCE SHOWN.

E3 OCCUPATIONALq VOCATIONALq EDUCATIONALq COURTTREATMEN°I':q MEDICAL ^ .1 ^7. =13 RESTRICPED LICENSE PLATES0 IGNITION INT^RL.OCKq D.1.. EXAMINATION

COIs4MUNITY CONTROL SA`CFIONS;

t

I

IDATE: JUDGE/MAGISTRATE:

IWARNLVGr A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUU2ED BY CRIMINAL RULE 19. I

^

0 FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTq CONSECUTNE q NOT E.IGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR Iq EXTENDEDTREATMENTU REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF EUGIBLEq OTHER

DAYS/MOSfYRS EFFL'CTIVEDATE:

Page 63: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

'AYMENT DATE;

LECL'L'T N0.

:OSTl

;ONCAR:

Nr1' PEHS

URY FEES:

'.D. PGE.Sr

.IP F'EE

1Mv F2E:

fOTAL PAtD:

^^II I^il

Nf4

®

r0 THE SHERIff OF HAMILTON COUNTY, GREETINGS: Whae as, theabove defcndant was artested and ohargod with the abovesec6on number. Forgood cwsecho,wn, the defendant is ordered to give bail in the sum indicated bclow. You are, therefore, commanded to receive Ihe defindant into your custody until thc trial date, or untiltc/shc gives bail as ordered. Or, whereas, the above defendant, hav(ing been tricd and cenvicted of said charge(s) is semenced, as indicated below. Thererore, we command you:o receive the defcndant into your custody, there to remain until he/she has ftdly executed the temts or tlu sentence, or until otherwise distharged by due cuursc oflaw.

DATE ACTION SIGNATURE OFJUDGB/MAGISTRAT$

Arraignment - Probable cause to hold demonstrated () srs () tao

OR/ $ Unsecured bond per Crim.R.46(A)(7)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

awAC Pate^

Date The decision of the magistrate is adopted and the re.commended sentence is enteredas the judgment of the court.

JUDGE

,s.PRE-ROLL: MALLG`RY / w1Ll+tru-i1

ACTIVATE DATE: 09/2812006

CASE: / 06/CRB/38499

DEFENDANT: JEGEI3fI`S.Ii.Y

COMM. CONTROLVIOL.:

CTLNO: 2684075 TICKET:

SEC. VIOL: 2911-21 ORCN

CHARGE: CRIMINAL TRESPASSARREST DATE: 09/27/2006JMS NUMBER:SEX: F D.O,B.05/15/1926DEF.COUNSEL: GALLAGHER/WILLIAM/R

PROS. W[T: PO/BIRCB

Page 64: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

CASE:

DEFENDANT:CTLNO:

SEC. VIOL:

CHARGE:ARREST DATE:JMS_NUMBER:

SEX:

DEF. COUNSEL:PROS. WIT:

PLEA: FiNDING: O.V.I CONVICTIONS W1IN PREV. 6YRS:

TO THE SHERIFF OF NAMILTON COUNTY, GREETINGS:Whereas, the above defendant was amested and aharged with the abave sectien number. Wherca.c, the above de&ndant, having been tried and convicted of said charge issentenexd, as indicatcd below. Therefore, we eommand you to recriire the defendant intD }rour custody, thero to rcmain until helshe has fully executed the tetmsuf thescatenee, or antil ottterwise disehatged by due em+rsc of law.

DAYS: SUSP: CREDIT TIME: -STAY: 0 FINES AND DAYS CONCURRENTq COMMIT Q TURNING POINT

FINE: REMIT: SUSP: STAY: q CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE 0 NOT ELIGIBLL• FOR 3 FOR I

COSTS: REMIT: SUSP: STAY: q EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMEN

Q C'OMMUNrrY SERVICE IN LIEU OF FINES D ANY TREATMENT IF EUGIDLEQ OTHER

LANGUAGE INTERPRETER FEE:

CEx;yt11UN1TY CONTROL: DAYS/bIOSlYRS. PAY TllRU:

DRCYINGCONDTIONSc DRIVINOSUSPENSION: DAYSJMOS/YRS EFFECTIVEDATE:

FRA COMPLIF6NCE: FRDJNQN CONtPL1ANCE: 1 VEH.Rv1M08lL1ZATION DAYS FORFEITURC: YES NO1kPLATESIMPOUNDED

CREDI'f DAYSHE[A

13 DEFENDANT IS GRANTED LAf1TED DRIVING PRIVILEGES AS FOLLOtiYS AFTER D3ANDATORY SUSPENSIO;` EFFECTIVEe,CURRENT F.R.A. COMPLIAI4CE SHOWN. ' •

d OCCUPATIONALq VOCATIONALO EDUCATIONALO COURTTREATMENTq MEDTCALq RESTRICTED LICENSEPLATESq IGNITION IATERLOCKq D.L. EXAMINATION

COMMUNITY CONTROL SANCTIONS:

DA'FE•

JOURNAL ENTRY-CO4IMITMENTlSENTENCn

PRE-ROLL: MALLQRY/WILLIAM/L/06/CRS/38499

t7EGENNALRY26840752911-21 ORCN

CR2MINAL TRESPASS

09/27/2006

TICKET:

M4

(check if applicable)

DMAGISTRATE'S IDRCISI()N

F D.O.B. 05/15/1928GALLAGEBR/WILLIAM/RPO/BIRCH

JUDGE/M1LtGISTRATE:

WhRN[NG: A PARTY SHALL NOT ASSiGN AS ERROR ON APPEAL THE COURT'S ADOPTtON OF A NfAGtSTRATE•S FACTUAL F[NDING OR LF.GAI,CONCLUSION UNLESS TH4 PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 65: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

PAYMEiNT DATE:

RECEtI'T NOi_

INE: '

OSTS

ONCAR

W[T FE'ES:__

URY FEES:__

'.D. FEC-5:

.IP FEE:

13M V FEE:

OTAL PAID:_

PRE-ROLL: MALLORY / W I LLltun/ tjACTIVATE DATE: 09/28/2006

CASE: / 06/CRB/38499 COMM. CONTROLVIOL.:

DEFENDANT: JEGsJ+'N j MFaRY

CTLNO: 2684075 TICKET:SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASS M4

ARREST DATE: 09/27/2006JMS NUMBER;SEX: F D.O.B.05/15/1928DEF. COUNSEL: GALI.AGHER/WILLIAM/RPROS. WIT: PO/BIRCH

III i

^

TO THH SEIERIFF OF NAMILTON COUNTY, GREEfINGS: Where as, the above defendant was artested and charged with the above section number. For good causesho.vn, the defendnnt is ordered to give bail in the sum indicated below. You are, nscrefore, commanded to receive the defendant into your custody until the trial dale, or untilhetshc givesbail as ordered. Or, whereas, the above defendant, baving been tried and convlcted ofsaid charge(s) is sentenced, as indicated below. Tfierefore, we command youto receive the defendant into your custody, there to remain un(t hdshe has fully executed the tcans of the sentence, or until utherwise discharged by due ceurse of law.

DATE ACTION SIGNATURE OFJUDGElMAGISTRATE

Arraignment - Probable cause to hold detnonstrated ()YEs () No

OR/ $ UnsecuredbondperCrim.R.46(A)(1)$ Bond @10"/e per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.12.46(A)(3) Only

Conditions:

09a ^s'^""'^ mV"V7•I G[A

TVV-C ^^v^•/v -^ ^-^rrti^i^ +^6* '^ 71*

vv^ (Y1tt-}r^,elYn 'J^^ -C^l +k^p-OC2 rUV^ OS D 1r^ %j 1

^o^ser^ ^l^I i vS[J

^k^ 3 -0 U- lcDate The decision of the magistrate is adopted and the recommended sentence is tter JUDGE

asthejudgmentofthe court.

Page 66: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL EM'RY-COMMITMENT/SENTENCE

PRE-ROLL: MALLORY /P7I LLIAM/LCASE: / 06/CRB/38499

DEFENDANT:

CTLNO:

SEC. VIOL:

CHARGE:ARREST DATE:JMS_NUMBER:

SEX:

DEF. COUNSEL:PROS. WIT:

PLEA:

JEGEIq/1,1ARY26840752911-21 ORCN

CRIMINAL TRESPASS

09/27/2006

TICKET:

F D.O.B. 05/15/1928GALLAGBER/WILLIAM/RPO/BIRCH

M4

(check if applicable)

qMA.C'iISiRAiF.'$ I3ECfiSiON

FINDING: O.V.I CONVICTIONS W/IN PREV.6YRS:

TO THE SHERIFF OF HAMILTON COl1NTY, GREETINGS:Whereas, the above defendant was atrested and eharged with the ahove seetion number. Whercas, the above dcfendant, having bcen Uied end canvicted of suid charge issenienced, as indiceted below. Therefore, we cammand you to receive the defendant into your custody, , thore to remain untit he/she has Polly ezccuted the terms of thesenacocq or urail otherwise dischargcd by due course of law,

DAYS: SUSP: CREDIT TIME: ___,_ STAY:

FINE: REMIT: SUSP: STAY:

COSTS: REMIT: SUSP: STAY:

0 COMMUNCCY SERViCE IN UEU OF FINES

LANGUAGE INTERPRETER FEE:

COMMIINITY CONTROL; DAYSlMOSlYRS PAY THRU:

q FINES AND DAYS CONCURRENTq COMMff q TURNING POINTq CONSECUT[VE O NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT EUGIBLF FOR 3 FOR Iq EXTENDED TREATMLNTq REWARDS JAILINTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIDLED OTBER

DRJViNGCONDtT1ONS: DRIVRdGSUSPENSION: DAYSlMOSIYRS EFFECI4VEDATE:

FRA COMPLIAhlCE: FRAINOFi COMPLIANCE: I VEH.IMMOBILCJ.ATION DAYS, FORFEITURE: YES NO& PLATES IMPOUNDED

CREDiT DAYS HELD

q DEFENDANT IS GRAA°fED LI.MITED DRIVING.PRI VI LEGES AS FOLLOWS AFFER MANDATORY SUSPENSION EFFECTIV E:CURRENTFdt.A.COMPLIANCESHOWN. • '

q OCCUPATIONALq VOCATIONALq EDUCATIONALQ COURTTREATMENTq MEDICAL ' •q RESTRICTED LICENSE PLATESq IGNITION INTERLOCKq D.L. EXAMINATION

CO,`3MUNITY CONTROL SANCf1ONS:

t

DATE: JUDGEIMAGISTRATEt

WARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEALTHE COURT'S ADOPTION OFA tt3AG19fRATE'S FACTUAL FiNDING OR I.EG A ► .CONCLUSION UNLFSS THE PAR'rY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 67: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

AyMENT DATE:_

ECEIPT NO:,

INE:'

OSTS:

CASE: /06/CRB/38499

DEFENDANT: aTEGEI3/MARY

PRE-ROLL: MALLORY/WILLIAM/ LACTIVATE DATE: 09/28/2006

COMM. CONTROLVIOL.:

NCAa: 2684075 TICKET:CTLNO: 0T FEFS;

I

SEC. VIOL: 2911-21 ORCN

URY FEES: CHARGE: CRIMINAL TRESPASS Id4 0

.D.F'FEs;ARREST DATE: 09/27/2006JNIS NUivIBER: ®

IP FEE SEX: F D O.B.05/15/1928N,av FE^

.t=

DEF. COUNSEL: GALLAGHER/WILLIAM/R

TALPAID: PROS. WIT: PO/BIRCH

h I^

TO THE SHERIFF OF HAMILTON COUNTY, GREETlNGS: Wtcere at, the above defendant wzs amsted and charged with the above sectioa number. For good causeshown, the defendanl is ordered to give bail in the sum indicated below. You are, therefore, commanded to rcceive lhe defendara into your cus4ody until the.trial date, ar untilheJshe gives bail as ordered. Or, whereas, the abovc defendnnt, having been tried and convicted of said chnrge(s) is sentenced, as indicated below. Thcuefore, wo command youto nxeive Ihe defendant Into your custody, there to remain unlil he/she has fuNy execmed tlte terms of the scntence, or until otherwise diseharged by due cuursc of law.

DATE ACTION SIGNATURE OFJUDGE/MAGISTI2ATE

Arraignment = Probable cause to hold demonstrated t) iES ()No

ORl $ Unsecured bond per Crim.R.46(A)(1)$ Bond @16% per Crim.R.46(A)(2) or (3)$Secured Bond per Crim.R.46(A)(3) Only

Conditions:

^-- -07•o? 30^ pF

^

^'^\r W ^ V " l. • ^t/' ^+^, `-- - ^ . -714^

Date The decision of the magistrate is adopted and the recommended sentence is entered JUDGEas the judgment of the court,

Page 68: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNALEN1RY-COMMITbIENTlSENTENCE

PRE-ROLL:MALLORY/AtILLIFsM/,L.

CASE: / 06/CRB/38499

DEFENDANT: dTECsE1-9/L%-Pff

CTLNO: 2684075SEC. VIOL; 2911-21 ORCN

TICKET:

CHARGE: CRZMINAL TREBPASSARREST DATE: 09/27/2006]MS_NI.JMBER:

SEX: F D.O.B. 05/15/1928DEF. COUNSEL: GALLAGSER/WILLIAM/R

PROS. WIT: PO/BIRCH

M4

(chectc if applicable)

13MAGISTRATE'S DECISION

PLEA: FINDING: O.V.] CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETlNGS:Whercas, the above defendant was anested and charged with the abovc section number. Whereas, the above defendant, having been tried and cunvicled of seid cherge issentenced, as indicated betow. Therefore, we command you to receive the derendant into your custody , Ihere to remain tmtit hdshe has fully execured the terms ofihesontenee, or trntll otherwise dischargcd by due course of law.

DAYS: SUSP: CREDITTIMESTAY:_ q FRJESANDDAYSCONCURRENT17 COt.1MIT 0 TURNING POiNT

FINE: REMIT: SUSP: STAY:____ OCONSECUTlVE 0 NOTEL[GIBLEFOR2FOR1q NO EARLY RELEASE O NOT ELIGIBLE FOR 3 FOR I

COSTS: REMIT: SUSP: STAY: QEXTENDEDTREATMENT

q COMMUNITY SERVICE 114 UEU OF FINES

LANGUAGE WfERPRETER FEE:

q REWARDSlAIL tNTFRVENTION FOR WOMENl7 ANY TREATMENT IF ELIGIBLEq OTHER

COMf1tUNITV CONTROL: DAYSlMOSIYRS PAYTIIRUr

pRIVINGCONDI'FIONS: DRIVING SUSPENSION: DAYS/MOS/YRS EFFECTIVEDATE:

[FRA COMPLIANCE: FRAINON COMPUANCE: I VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO&PLATESIMPOUNDED

q DEFENDANT IS CRANTED LIAIITED DRIVING PRIVILEGES AS FOLLOWSAFTER M1LLNDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. CONIPLIANCE SHOWN. t

O OCCUPAI'IONAL0 VOCATIONALq EDUCATIONALq COURTTREATME\Tq ofEDICALq RESTRICi'ED LICENSE PLATESq IGNITION INTERLOCK . •• D.L.EXAMINATION

DATE: JUDGE/SiAGISTRATE:

WMEIINING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TIIE COURT'S ADOPTION OF A MAGISTRATE'S FACPUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRU.7INAL RULE 19.

Page 69: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

^i'A^'MEt^•DATE:^_

ECL•IP'I'NCt._; •'••^ Y

IIIYY`^!lIIVV^-E:

bSTS:_

DNCAfC _,

rr FEES:__

URY F'EES:_

A. FEES:_

P fEE:_

M V FE@,

COTAL PAID:

III

:=

95

TO THE SHEt21FF OF tIAMILTON COUNTY, GREETINGS: When as, the above defendant was atrested and charged wiili the above seciion number. For good causeshown, chc dcfendant is ordered to @ive bail in the sum indicated betow. You arc, thercfore,commended to receive the detendant inlo your custody until the trial date, or untilhe/she gives bail as ordered. Or. whereas, the above defendant, having been tried and canvicted of said eBarge(s) is sentenoed, as indicated beloiv. Therefmr, we eommand youto receive the defendant into your custody, there to remain nntit he/she has fully euecuted the terms afthe sentence, or until otherwise discharged by due course of taw.

DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE

Arraignment - Probable cause to hold demonstrated () xss () No

ORI $ Unsecured bond per Crim.R.46(A)(1)$ Bond @70% per Crim.R.46(Aj(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditions:

1._^, -© Ce^ 7T`s ^/06/CRB/38499 .7 E?;IIP/MARy -j,j, a19 ^ •^ •WEJRP DATE:03/05/07 AT 1:00 PH IN ROOM 174 COUF24ciQUSE ^;E Y-aa 'Z .o

3-05-07 V0-1,Ad1-4- {9f) •

3~^ `07 ^'"".. ^^ •^

4eo Ow^ E"pjAe u 6-s vl 0'P^- [/t

e-3 (7ro -7 t ,;O'f ) '.Date 'rhe decision of the magishate is adopted and the recottunettded sentence is ente JUDGE

as thejudgment of the court.

PRE-ROLL: MALLORY /WILLI.AM/ LACTIVATE DATE: 09/28/2006

CASE; / 06/CRB/38499

DEFENDANT: JErsr4'-+23/M"rs^$Y

COMM_ CONTROLVIOL.:

CTLNO: 2684075 TICKET:SEC. VIOL: 2911-21 ORCN

CHARGE:CRIMINAL TRESPASSARREST DATE: 09/27/2006JMS_NUMBER:SEX: F D.O.B.05/15/1928DEF. COUNSEL: GALLAGfiER/WILLIAM/R

PROS. WIT: PO/SIRCH

M4

, t^ s i'e^(

Page 70: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

JOURNAL ENTRY - COMMITPIEN'PISENT'ENCE

CASE: /06/CRB/38499

DE F ENDANT: 3F GEN/MA-RY

CTLNO: 2684075SEC. VIOL: 2911-21 ORCN

TICKET:

CHARGE: CRIMINiai. TR3rSPASSARREST DATE: 09/27/2006JMS_NUMBER:

SEX: F D.O.B. 05/15/1928

DEF. COUNSEL: GALLAGSER/WILLIAM/R

' PROS. WIT: PO/BIRCH

M4

PRE-ROLL: LAALLORY /WILLIP.MA

(check if applicable)

q1l^IAGISTRATE'S DECISION

PLEA: FINDING: O.V.{ CONVICTIONS W/IN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the ahove defendanl was artsted aod charged with thc aFrove seUion mtmber. Whe+eas, the abovc defendant, having hmn vicd and convicted of said clwrge issentenced, as indicated below. Therefore, we command you to receive the defendant inlo your custody, there to remain until hershe hns fully executed the tenas of thesentence, or uniilothcnvise discharged by due course oflaw.

DAYS: SUSP: CREDIT TIME: - STAY:

FINE: REMCY: SUSP: STAY:

COSTS: ' REMIT: SUSP: STAY:

q COMMUNITY SERVICE IN LIEU OF FINES

LANGUAGE • INTERPRETER FEE:

CO,NIJIUNITY CONTROL: DAYS/itIOS/YRS. PAY TI[RU:

DRIVING CONDITIONS: DRIVING SUSPENSION:

q FINES AND DAYS CONCURRENT{1COMMIT q TURNINGPOINTIJ CONSECUTIVE 0 NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR Iq EXCENDEDTREATMENTO REWARDS JAIL iNTERVENTION FOR WOMENO ANY TREA'fMENT IF ELIGIBLEq OTHF1i

DAYS/MOSlYRS EFFECT[VE DATE:

FRA COMPLIANCE: FRAdNON COMPL.IANCE: VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO& PIATFS IMPOUNDED

CREDIT DAYS HELD

q DEFENDANT[S GRANTED LIh91TED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECI'IVE:CURRENT F.R.A. COMPLIANCE SIIOWN,

q OCCUPATIONALq VOCATIONAL •Q EDUCATIONilLq COURTTRF.ATMENTO MEDICALq RESTRICPED LICENSE PLATESq IGNITION INTERLOCKq D.L. E%AMINATION •

COMMUNITY CONTROL SANCTIONS:

D?.TE: JUDGEJMAGISTRATE:

W\RNING: A PARTY SHALL NOT ASSIGN AS ERROR O` APPEALTHE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCO\CLUSION UNLESS THE PARTY HAS TItiF.LY AND SPECIFICALLY OBJECfED THERE'I'O AS REQUIRED BY CRIMINAI. RIII.E 19.

Page 71: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

6h^q}'h1L':R' âATE: • -

444L^etP1'NO'..

•1NLT: •

srs:_

• PRE-ROLL: /LACTIVATE DATE: 09128/2006

CASE: / 06/CRB/38499 COMM. CONTROLVIOL.:

DEFENDANT: JSCo-E+3/ •FrARi

rvna

NCAR: 2684075 TICKETCTLNOIT FEES:_

::SEC.VIOL: 2911-21 ORCN

JURY FEEB:_ CHARGE:CRIMINAL TRESPASS M4

P.D. FEES:ARRESTDATE: 09/27/2006JMS MJMBER: 1219805 ^..

tr FEE:__

3M V FEE:_

SEX: F D.O.B.O /15/1928C!. y^•DEF COUNSEL: ^r t^e

OTAL L PAID:

. l ,PROS. WI'r: PO/BIRCH 7^/ 1 ^

m

IIITO THE SHERIFI' OF HAMILTON COUN1Y, GREETINGS: Where as, the above defendant was amested and eharged with the above section number For good eeuscsltown. the defendant is ordered to give bail in the sum indicated below. You are, therefore, eonananded to teceive the derendant into your custody untit the trtal date, or untilhdshe gives bail as orden9d Or, whereas, the above defendant, having been uted and coavicted of said charge(s) is sentenced, es indicated below. Therefon; we cummand youto receive the defendant into your custody, there to remain until hdshe hss fully csecuted the temu orthe sentence, or until otherwise discharged by due course of law.

DATE ACTION SIGNATURE OFJUDGEIMAGISTRATE

09/28/2006 JCA12 : 3 0 pin Arraignment - Probable cause to hold demonstrated () YES () eo

OR/ $ Unsecured bond per Cr1m.R.46(A)(1) aPJMT/CKERxs,/n

$ Bond @10% per Crim.R,46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only

Conditlons:

WRfTTEN PLEA OF NUt GUIl.TY/06/C2tB/38499

7^^Y I?T T7COM1' DATE:10/06/06 AT 9:00 AN IN ROpN 1 74 COEll27FIp€F5

A'r Cc- -lbE'

cC'CA,$

/B

/06/C^t8/36E^99^ I1RE8:01/2

3^^Y f7a ^ 111$ pfGVI${QEiS Ot {Z c2/07 AT 10:0@ AFI ^ RO€P•1

^.71 et s^, eXtsr^.

,,,;,,,bu,u urme magistrate is adopted and the recormnended seotence is entered Judgeas the judgment of the court.

Page 72: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

- -°-10URNALENTRY-COMMITMENTlSENlen^,n. --- - - .-.... i..•-.. .. -•.4

cas$: /067CRB/38499

llEFENDAIdT: sTSsE'N/Ifi•A.?YCTLNO: 2684075

SEC. VIOL: 2911-21 ORCN

CHARGE: CRxriI2dA'L T'RESPSSS

ARRESTDATE: 09/27/2006IMSfdUMBER: 1219805

M4

/ .r,F•M^

SEX: F D.O.B. 05/r15/1928..v W 3 . • . ' L t . . i ''

DEF. COUNSEL:PROS. WIT: PO/BIRCH

PLEA: FINDING: O.V.I CONVICTIONS WfIN PREV. 6YRS:

TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whercas, the abovc defendant was arrestrd and charged vrith the above section number. Wherees, the above defentlant, having been tried and convicted of said charge isserstenced, as indicated below. Therefure, we corrnnand yau to receive the defendant into your cuswdy, ibere to rerttain until hdshe has fully executed the temts of thesentence, or untif otherwise discharged by due eourec of law.

DAYS: _ SUSP: CREDIT TIME: `STAY•.

FINEt REMIT: SUSP: STAY:

COSTS: REMIT: SUSP: STAY:

q C'.OMMUNITY SERVICE IN L1EU OF FINES

LANGUAGEINTERPRETERFEE:_

C^C*MNUNITY CONTROL: DAYSlMOS/YRS. PAY THRU:

DRIVING CONDITIONS:" -DRIVING SUSPENSION:

q FINES AND DAYS CONCURRENTq COMMIT q TURNtNG POINTq CONSECUTIVE 17 NOT ELIGIBLE FOR2 FOR Iq NO EARLY RELEASE p NOT ELIGIBLE FOR 3 FOR IO EXTENDEDTREATMENTq REWARDS JAIL INTERVENTION FOR WOMFNO ANY lREA7MENT IF EWGIBLEq OTHER

DAYS/MOSlYRS BFFECTIVEDATE:

^FRA CONIPL{ANCE: FReSlNON COMPIJANCE: 1 VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO&PLATESIMPOUNDED

CREDIT DAYS HELD

q DEFENDANT IS GRANTED LIMITF.U DRIVOVG PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. COMPLIANCE SHOWN.

O OCCUPATIONALC) • VOCA'[7ONALq EDUCATIONALO COURTTREATMENTD MEDICAL,q RESTRICTED LICENSEPLATESq IGN[T[ON INTERLOCKE7 D.L. EXAhIINATION

COMMUNITY CONTROL SANCTIONSt

I

^•^°•'1'`'^^1 } t' ..' I

DATE;

(eheck if applicabte)

®lEiAGTSTRA''E'S DECISIONTICP.ET:

dUDGEiMAGISTRATE:

WARNING: A PARTV SRALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.

Page 73: Assistant Prosecutor Littner F ^ L-E© City Prosecutor ...Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the charge of criminal trespass and

11N11^VLPVd^VV+v,.i

OLATION; 2911-21 CRIMINAL TRESPASS M4

PLEA: Not Guilty FIIVDIIVG: Guiity:IE DEFENDANT IS HEREBY SENTENCED AS FOLLOWSr --i THE SHERIFF OF HAMILTON COUNTY, GREETINGS: The above defendant having beeo convicted and sentenced as indicated below, you are herebynmand-J to receive him/her into your custody, there to remain unHl the sentence has been fully executed or he/she is othenvise discharged by due course of law,[L:

%,YS: ! CREDIT: > STAY: O.V.I. CONVICTIONS in PRECEDING 6 YRS.:

I TURNINGPOINT ' q CONSECUTNETOI EXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAM) REWARDS JAIL INTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMJ NO EARLY RELEASE q 20DAYSinTALBERTHOUSETWENTYDAYPROGRAM] NO 2 for t OR 3 for I DETAILS3 TO BESERVED

] DAYS H.C.J.C. STAYED TO AT ROOM

:ESIDENTIALSrtNM0NS:---__'INANCIALSANCPIONS: "- . -

FINE: 0 REMIT:COSTS ;i q LANGUAGE INTERPRETER FEEMONTHLYqROBATIONSUPERVISION/COLLECTIONFEES

] RESTITUTION TO S q PROBATION TO DE'PERMINE AMOUNT NOT COVERED BY INSUR23 PAY ALL FIAIANCIAL SANCTIONS THROUGH PROBATION DEPARTMENT BY THE 90`" DAY BEFORE COMMUNITY CONTROL EXPIRES,

! . " - . . . -STAY TO PAY TO:

D12IVER'SLICENSE:^ ^ - .-- ^ ^..._..._ . .^ ^ - - --- ....... .. .... . .

q FRA COMP^IANCE q FRA NON-COMPLIANCE

DRIVER'SLICENSESUSPENSION CREDIT DAYSFROMALS. EFFECTIVE

q IMMOBILIZE VEHICLE DAYS. CREDIT DAYS. q FORFEIT VEHICLEq IMPOUND PLATES OF EVERY VEHICLE REGISTERED TO THE DEFENDANT. . "

THE DEFENDANT IS GRANTED LIMITED DRIVING PRiVILEGES AS FOLLOWS:TO,,FROM AND BETWEEN DEFENDANT'S RESIDENCE ANDq WORK

q ':. EDUCATIONq MED(CAL APPOINTMENTS

q COURT ORDERE.D TREATMENT

q VOCATIONAL

UNLESS TT IS THE EMPLOYER'S VEHICLE BEING DRIVEN IN TEtE COURSE AND SCOPE OF EMPLOYMENT,q THE YE HICLE BEING DRIVEN MUST HAVE RESTRICTED PLATES. ---. '.q THE JEHICLE BEING DRIVEN MUST HAVE AN IGNITION RiTEERLOCK,q DRIVING IS RESTRICTED TO THE HOURS:

'COMMUNITYCONTROLSANCTIONS:A VIOLATION OF THE COIVIMUNI`PY CONTROL SANCTIONS MAY RESULT IN A JAIL SENTENCE OF iODAYS, Oit A LONGER TIME UNDERTHE SAME OR!MORE RESTRICTIVE COMMUNITY CONTROL SANCTIONS.COMMUNITYSERVICEHOURS:20TOBECOMPLETEDBY: . ® 90°DAYBEFORE COMMUNITY CONTROL EXPIRES.

q MONITORED TIMEBASIC SUPERVISION 6 mas.

q INTENSIV^ SUPERVISIONq M.D.O. / M;-RO. PROGRAM

q DAYREPORTING

q HOUSE ARREST w/ ELECTRONIC MONITOR

q DRUGIALCOHOLTREATMENT. - q AMENDPROGRAM.q EDUCATION, TRAINING, COUNSELING OR TREATMENT PROGRAMS 1,2ECOMMENDED BY PROBATION.q RANDOM PRUG AND ALCOHOL USE MONITORING DURING THE PERIOD OF SUPERVISION. q NCTI CLASS

SHALL ABIDE BY THE GENERAL RULES FOR PROBATIONERS. - - "OTHER SANCTIONS:

3113/2007DATE

FFICER, AND