SUSPENSION, PURSUANT TO GOV. BAR R. V 5a(C)(1)in the supreme court of ohio trumbull county bar...

IN THE SUPREME COURT OF OHIO

TRUMBULL COUNTY BAR ASSOCIATION

Realtor

vs.

GEORGE NICHOLAS KAFANTARIS

Respondent

,Case No. 20Tg _ 219 6

MOTION FOR DISSOLUTION OR MODIFICATION OF RESPONDENT'SSUSPENSION, PURSUANT TO GOV. BAR R. V 5a(C)(1)

RANDIL J. RUDLOFF (#0005590)GUARNIERI & SECREST P.L.L.151 E. Market StreetP.O. Box 4270Warren, OH 44483Phone: (330) 393-1584Fax: (330) 395-3831Bar Counsel and Attorney for Relator

GEORGE N. KAFANTARIS(#0009748)183 W. Market StreetWarren, Ohio 44481Phone: (330) 394-1587Respondent

and

CURTIS J. AMBROSY(#0022121)AMBROSY & FREDERICKASuite 200 - 144 North Park AvenueWarren, OH 44481Phone: (330) 393-6400Co-counsel for Relator

MARK G. KAFANTARIS(#0080392)625 City Park AvenueColumbus, Ohio 43206Phone: (614) 223-1444Fax: (6140 221-3713Attorney for Respondent

CLE-RK OF COURTSUPREIll1L COURT Uf OHIO

MOTION FOR DISSOLUTION OR MODIFICATION OF RESPONDENT'SSUSPENSION, PURSUANT TO GOV. BAR R. V 5a(C)(1)

Respondent, George Nicholas Kafantaris, hereby moves the Court to dissolve or

modify his suspension, under Gov. R. V 5a, which in pertinent part provides as follows:

Gov. V. DISCIPLINARY PROCEDURE. Section 5a. InterimRemedial Suspension.(A)(1) Motion; Response. Upon receipt of substantial, credible evidencedemonstrating that a Justice, judge, or attomey has conunitted a violationof the Code of Judicial Conduct or Ohio Rules of Professional Conductand poses a substantial threat of serious harm to the public, theDisciplinary Counsel or appropriate Certified Grievance Committee,which shall be referred to as the relator, shall do both of the following:

(b) File a motion with the Supreme Court requesting that the Court orderan interim remedial suspension.

(B) Order. Upon consideration of the motion and any memorandumopposing the motion, the Supreme Court may enter an interim remedialorder immediately suspending the respondent, pending final disposition ofdisciplinary proceedings predicated on the conduct threatening theserious harm or may order other action as the Court considers appropriate.(C)(1) Motion for Dissolution or Modification of the Suspension. Therespondent may request dissolution or modification of the order ofsuspension by filing a motion with the Supreme Court. The motion shallbe filed within thirty days of entry of the order imposing the suspension,unless the respondent first obtains leave of the Supreme Court to file amotion beyond that time. The motion shall include a statement and all

available evidence as to why the respondent no longer poses asubstantial threat of serious harm to the public. A copy of the motionshall be served by the respondent on the relator. The relator shall have tendays from the date the motion is filed to file a response to the motion. TheSupreme Court promptly shall review the motion after a response has beenfiled or after the time for filing a response has passed... . (emphasis

added)

The Court suspended Respondent on November 26, 2008, and this motion is

timely. He therefore moves to dissolve the suspension and submits a statement and all

available evidence as to why he does not pose a substantial threat of serious harm to the

public.

2

The event that prompted Relator to file its motion for interim remedial suspension

was the jury trial of George Berendt in Mahoning County on November 3, 2008, wherein

the trial court declared a mistrial and blamed it on Respondent. When Relator filed its

motion for suspension, it listed in its Table of Contents "Exhibit 9 Mahoning County

Contempt Finding and Mistrial Judgment Entry". However, this entry was not attached,

though it was also listed in the Appendix of Exhibits. Relator explained that:

As of the date of filing this motion Judge Franken had not yet filed thisJudgment Entry. Accordingly, Relator will supplement its motion byfiling a certified copy of the Judgment Entry as soon as Judge Frankenfiles the entry with the Clerk of Courts of the Mahoning County CommonPleas Court. (pp 2,11 of Relator's motion)

Relator has yet to supplement its motion and the Court ruled on it without a

journal entry before it. Respondent did attach to his memorandum a judgment entry of

November 12, 20087, that he had received via fax from the Mahoning County Clerk on

November 17, 2008. However, this entry, which was stamped with Docket Nos. 000543

and 000544, did not address the serious allegation made by Relator to this Court that

Respondent lied to the trial court in the Berendt.

A month later, on December 12, 2008, Respondent noticed on the Mahoning

County Courtview Docket for the Berendt case a reference to the judgment entry of

November 5, 2008. He called the clerk and a copy was faxed over to him, which is part

of his Notice Appeal of Judge Franklin's contempt citation that is attached hereon in its

entirety as Exhibit "A". As can be seen, the judgment entry is dated November 5, 2008,

and yet has the higher Docket Nos. of 000570 and 000571 -- some 26 pages after the

judgment entry of November 12, 2008. Moreover, Courtview now shows it as being

entered into the computer system on November 5, 2008, when a printout of the online

3

docket a week later, November 14, 2008, does not reflect it anywhere. The online docket

was printed on that day and forwarded to Tom Carey, the Chairman of the Trumbull

County Grievance Committee, when Respondent wrote him an email complaining among

other things that Respondent's counsel gave a copy of the motion for suspension to the

press knowing that the allegation of lying to the Judge Franklin was not supported by a

judgment entry. The Tribune Chronicle quoted directly from Relator's motion in its

article on November 13, 2008, (the very day the motion was filed) and quoted again

verbatim on Thanksgiving Day, November 27, 2008, when it reported on the order of

suspension. Please see copies of the Tribune Chronicle articles, attached as Exhibits "B"

and "C", both of which were published without anyone's knowledge of a judgment entry.

Why is this relevant here? Because it, among other things, shows an irregularity.

Perhaps it was an innocent clerical oversight and it was laying on the judge's or the

clerk's desk after it had been prepared and signed on November 5, 2008. But in that

event, it should bear a later docketing date, yet it is time-stamped the same day that it was

allegedly prepared. Moreover, why is it docketed 26 pages higher then the entry of

November 12, 2008 that came afterwards. And if it was stamped but misplaced by the

Clerk, then why does Courtview show that it was entered into the online system the same

day it was made, and before the entry of November 12, 2008.

There were other irregularities in the Berendt case, and again independent of

Respondent. For example, on November 5, 2008, the trial court wanted to release

defendant George Berendt on his own recognizance. This is on a felony life case, and

when the prosecution would not go below $35,000 surety when Respondent represented

him and requested that his bond be reduced:

4

MS. FRENCHKO: I have his bond set at 200,000 cash or surety.THE COURT: Oh, my God. Are you going to oppose a bond reduction?

MS. FRENCHKO: Yes. (p 12, Third Day)

Although the prosecutor's objection to the bond reduction is understandable,

Judge Franken's "Oh, my God" exclamation is not.

Nor should this Court be misled by the trial court's assertions that it declared a

mistrial to protect the rights of the Defendant. This was clearly shown during the cross

examination of Dr. McPherson.

Q I'm showing you what has been marked asDefendant's Exhibit A.

A Okay.Q Do you recognize it?A This looks like to be the medical record from

the emergency department at St. Elizabeth's HealthCenter in Austintown.

Q What's the date on that?A That would have been April 14th, 2008.Q The day it happened?A The day what happened?Q The incident.A I don't know what day the incident happened.Q Okay. But April 14th?A Well, yes, April 14th was the day she was

seen at the hospital.Q And you reviewed that before, right?A I reviewed the SANE notes before. I did not

review this in great detail.Q Did you review it at all?A I may have looked at it on the computer

because I have access to it, but I don't recall.Q Why don't you look at it again.A Okay. Well hospital's sure generate a lot of

paperwork, don't they?Q Yes, they do.A Okay.Q Now, you say you examined --THE COURT: May I see it, please? (pp 105-106, Day Two)

5

Trial Exhibit "A" were the hospital records from St. Elizabeth Hospital when the

child was first seen. And as Judge Franken must have noticed in reading it, it states that:

... the child does appear to have dried brown substance on herunderwear, which could be consistent with dried blood; however, I am notcertain if that is blood. Externally, her genitalia is intact There wasno sign of any trauma, no active bleeding, no abrasions or tearing isnoted. (p 116, Day Two)

Clearly this is helpful to the defendant and Dr. McPherson identified Exhibit "A"

as the medical records from St. Elizabeth -- though he "did not review it in great detail".

The trial court, however, was determined not to let the doctor testify about the obvious

conflict between the medical records from the day of the incident and the conclusions it

made on his direct testimony. Thus, when Dr. McPherson testified that he typically

relies on the hospital records he reads from the hospital, along with those from the SANE

nurse, Judge Franken became perturbed. "Give me the records," he tells the doctor. "Did

you have any party in preparing them," he asks Dr. McPherson. This is immaterial as the

only issue is authentication and Dr. McPherson had already identified them. But Judge

Franken persists: "Did you rely on them in reaching the opinions that you gave here

today," he asks. "I believe I relied mostly on the SANE [nurse]." The trial court is not

happy with this answer, because it means that to some extent he also relied on St.

Elizabeth's records on Exhibit "A" and as such it will come in. "I am asking about this

one. Did you relay on that?" the Court asks. By this time, Dr. McPherson is becoming

bewildered as to what the judge wants. "I may have looked at it on-line" he says. Judge

Franken quickly interrupts him and says: "Doctor, I don't mean to be persistent, "I'm

asking you if you relied upon it in reaching your opinions today?" By this time the

6

doctor got the idea and simply said "No, I did not". The complete exchange is set forth

below:

Q You say that you have access to medical records.A Some medical records, yes, from the hospitals.Q And it would be important in evaluating this case

to look at all the information available, right?A Yes. If the records are available, then I usually

do look at all the records, that's correct.Q And St. E's has their records on-line, don't they?A Yes.Q You can access them.A You can access them if they do, yes.Q And it would be important to you along with a SANE nurse

to look at those records that you have in your hand aswell, wouldn't it?

A Yes. I typically do that, yes.Q All right. Would you recognize --THE COURT: Give me the records, please. Stop.

Doctor, looking at Defendant's Exhibit A, didyou have any part in creating these records?

THE WITNESS: I did not have any part increating these records, no.

THE COURT: Did you rely upon them inreaching the opinions that you gave here today?

THE WITNESS: I believe I relied mostly upon the SANE --THE COURT: I'm asking about this one.

Did you rely on that?THE WITNESS: I may have looked at that on-line --THE COURT: Doctor, I don't mean to be persistent. I'm asking

you if you relied upon it in reaching your opinions today.THE WITNESS: No, I did notTHE COURT: Okay.Q So if I understand correctly --THE COURT: No, I just said it

correctly. He did not rely upon it, he didnot have any part in producing those records,he cannot testify from them.

MR. GEORGE KAFANTARIS: Okay. That's fine. I justwant to clarify, if I may, Your Honor.

THE COURT: I just clarified it.Q So the only thing you rely on then is the SANE

nurse notes, right?A Yes.Q SANE nurse notes. And which is -- you relied on the

7

SANE nurse notes. And what else did you rely on?A I relied on the SANE nurse notes, and I relied on

my evaluation at the Child Advocacy Center.Q And you did not find anything to rely on the records

of the examination on April 14th, 2008. Am I correct here?MS. CANTALAMESSA: Objection, Your Honor.THE COURT: Sustained. He didn't rely

on those records. You may not give yourinterpretation of what they are.

MR. GEORGE KAFANTARIS: No otherquestions, Your Honor.

THE COURT: Any redirect?MS. CANTALAMESSA: No, Your Honor.THE COURT: Thank you, Doctor. You may step down.THE WITNESS: Thank you..(pp 106-109 Day Two)

It is clear from this that the trial court was overly deferential to the state's case,

and immediately after this, it declared a mistrial for incompetent counsel.

Judge Franken also called Respondent a liar because his opinion of the DVD

differed from Respondent's. This makes as much sense as calling someone a liar because

he thinks the room is warm, while another thinks it is hot. The influence exerted on the

young child by the CSB caseworker is a matter of opinion where different people can

reasonably disagree. Respondent thought the CSB worker's influence significant and

made it a centerpiece of the defense, starting from voir dire, to opening statement, and

then during the examination of the CSB worker. This is not the doing of a lawyer who,

out of expedience of the moment, misleads the court. This was the defense strategy, and

as much as the trial court disagreed with it, a court cannot declare a mistrial simply

because a case can be tried differently or even better. Such a finding would not only fly

in the face of the rule against double jeopardy, but would require the review of a good

many convictions for incompetent counsel if the defendant could show that his lawyer's

strategy was ultimately wrong. Nor can much stock be placed in the trial court's

8

observation that the child identified George Berendt four separate times in the DVD. The

argument is that she was influenced in doing so, and thus the identification is tainted.

As can be seen, the Berendt child rape case does not present the Court with

evidence that Respondent poses a substantial threat of serious harm to the public. True,

representing unpopular defendants, such as George Berendt, may not endear a lawyer in

the hearts of the public, but this man is entitled to zealous representation to the extent of

the law. From the outset he maintained his innocence and did not take any deals from the

state. The extensive DNA testing supports his version, as does the medical records from

St. Elizabeth, as well as the testimony from the witnesses. Yet in fighting for this man's

innocence, Respondent has been declared a liar, incompetent and obstructive to the

administration of justice. Moreover, it has been made public by Relator's forwarding of

advance copies of their motion for interim suspension to the press, even when at the time

it was not supported by a judgment entry. And to embellish their argument, Relator

added the almost two year old contempt finding from March 22, 2007, which is on appeal

and has just been fully briefed. And if this is not enough, Relator further brought in the

criminal indictment on the four year Williams matter which is also part of the pending

disciplinary case, Case No. 07-03 8.

But lets look at when and how this indictment came about. In February 2004,

respondent returned the $25,000 to Chad Kelligher, the Administrator of the Carol

Williams Estate. Respondent did not ask for his one-third fee, but Chad filed an

application anyway. The matter is heard fully by the Trumbull County Probate Court on

April 2004, and a decision follows. Then, three years later, in April 2007, the Trumbull

County Grievance Committee Certifies Respondent on the Heasley matter, perhaps

9

believing he was ignoring them, when in fact he was overwhelmed with the Andrew

Irwin murder trial. At any rate, Relator files its complaint on Heasley and shortly

thereafter, and without certification, it amends it to include Williams. During this time,

Respondent was still working on the Irwin case, and was also battling a 20 day contempt

sentence. Respondent moved his office and shared office space with his sister in August

2007, gets some staff help, reconstructs the voluminous Heasley transaction record and

provides it to Relator, who now again amends its complaint for a second time to include

allegations of false affidavit in not filing a notice of disqualification with the probate

court on Williams and for not accounting for the $25,000. Armed with this, Relator's

counsel demanded Respondent's resignation.

In the meantime, Respondent's counsel wants out, and the only one left to

represent him is his own son. With a hearing set two weeks away, his son asked for a

continuance which was denied. Feeling unprepared, he filed a leave to withdraw, which

was also denied. The case was heard and again Relator's counsel asked for Respondent's

resignation. They even hinted to upcoming prosecution. The case was heard again for

Day Two on May 30, 2008, and again there was hinting to criminal prosecution. Three

weeks later, Relator's counsel was heard bragging that Respondent would be indicted,

and a week later he received a grand jury subpoena. Respondent attended and even

testified before the grand jury, as he had done at the probate court four years before, at

his deposition, and before the panel.

Respondent's counsel now claims, in a telephone conversation with Respondent's

son as well as in their answer brief in opposition to Respondent's objections to the

Board's findings of facts and conclusions of law, that they had nothing to do with the

10

criminal indictment, but yet admit as much in their email of November 28, 2008, a copy

of which is attached as Exhibit "D". In their own words and in black and white, they

wrote to Respondent's son that:

"Very early on Curt and I attempted to impress upon your father theseriousness of all of this, the high probability of disbarment, and thestrong probability of criminal prosecution. Had he resigned then most if

not all of this could have been avoided. " Exhibit "B" (Emphasis added)

This email was prepared by Randy Rudloff and Curtis Ambrosy was copied on it.

Respondent sent a copy of this to Thomas Carey of the Trumbull County Grievance

Committee to whom he had previously complained about Relator's tactics, and he also

sent a copy to OLAP.

Nonetheless, counsel for Relator now deny any involvement in the indictment, or

in the subsequent plea deal, if Respondent resigns his license. However, the events speak

for themselves. The indictment came four years after the full investigation by the Probate

Court. The threat was used to coax Respondent to resign during the pendency of the

disciplinary case, and when that did not work, it was instituted to make the surrender of

respondent's license as part of a plea deal.

And this is precisely what was done with James Gray, former Trumbull County

lawyer. The same counsel here, also represented Relator in that case. The state was

represented by the same prosecutor, the Trumbull Probate Court was involved and even

the same Court. Identical players in every respect, and identical tactics. As in here,

James Gray was offered a misdemeanor plea, but only if he resigned his license. He did,

as they wanted him. Please see attached as Exhibit "F."

This is not how things are done however, and Ohio R. Prof. Cond. 1.2

specifically prohibits it.

11

RULE 1.2: SCOPE OF REPRESENTATION AND ALLOCATION OFAUTHORITY BETWEEN CLIENT AND LAWYER

(e) Unless otherwise required by law, a lawyer shall not present,participate in presenting, or threaten to present criminal charges orprofessional misconduct allegations solely to obtain an advantage in a civilmatter.

CONCLUSION

In conclusion, the Judgment Entry that was just filed on November 5, 2008, in

State vs. Berendt, that was absent when the Court issued its order on November 26, 2008

is not supported by the record, by established rules of evidence, or by common sense. If

anything, it shows undue deference on the part the trial court, in particular for getting Dr.

McPherson to change his testimony.

As for the Columbiana County contempt case almost two years ago, that case was

extraordinary in every respect; it consumed the Respondent for six months; and it is

presently on appeal with extensive briefing. With all due respect to the trial court in that

case, it prejudged the Respondent's conduct as is evidenced by its threatening to sentence

him for "ten more days" without any regard to what the future violation might be, or

whether, when or if it occurred, it might warrant such punishment. As for the Trumbull

County criminal case against the Respondent, that is still pending, and the indictment,

threats, and plea offers made by the TCBA's counsel raise difficult questions for all

concerned. Relator's counsel can deny all they want, but it is hard to deny one's own

words, the revealing chronology of events, or the unmistakable emerging pattern.

WHEREFORE, in the interest of justice and in the interest of preserving the

integrity of the disciplinary process, Respondent prays that the Court dissolved its e

Order of November 26, 2008, suspending him during the pendency of the disciplinary

12

case, or alternatively that the Court modify it so as to fit the intended purpose of Gov. R.

5a.

Respectfully submitted,

^GEORGE KAFAN ARIS #009748183 W. Market St., suite 201Warren, Ohio 44483Tel: 330-394-1587Fax: 330-394-3070Respondent

CERTIFICATE OF SERVICE

A copy of the foregoing Motion, with Exhibits, was served on Jonathan Marshall,

Secretary of the Board of Commissioners on Grievances and Discipline, 65 S. Front

Street, 5fl' Floor, Columbus, Ohio 43215; and on Randil J. Rudloff, Guainieri & Secrest,

LLP, 151 E. Market Street, P.O. Box 4270, Warren, Ohio 44482, and Curtis J. Ambrosy,

Ambrosy & Fredericka, Suite 200, 144 North Park Avenue, Warren, Ohio 44483, both

Counsel for Relator, by regular U.S. Mail on this 26t' day of December, 2008.

GEORGE KAFANTARIS,Respondent

13

IN THE COURT OF COMMON PLEASMAHONING COUNTY, OHIO

STATE OF OHIO

Plaintiff

V.

CASE NO. 50 2008-CR-00631

JUDGE TIMOTHY FRANKEN

NOTICE OF APPEALGEORGE BERENDTRE: CONTEMPT OF GEORGE KAFANTARIS

Defendant

Now comes George Kafantaris, former counsel for Defendant George Berendt, (now sus-

pended) and hereby gives notice of his appeal from the judgment of this Court entered on No=

vember 12, 2008, finding him in contempt and ordering him to pay a $250 fine. A copy of this

judgment is attached hereon.

George Kafantaris further appeals from the November 5, 2008 judgment entry, just re-

ceived this afternoon via fax from the Clerk. This entry is dated and stamped November 5, 2008,

but nonetheless is imprinted with Record Page Nos. 000570 and 000571--some 26 pages after

the entry of November 12, 2008-- that was imprinted with Record Page Nos. 000543 and

000544. A copy of this entry is also attached hereon.

On November 12, 2008, when the Trumbull County Bar Association (Relator) filed its

motion to suspend George Kafantaris (Respondent) for, among other things, events stemming

from the George Berendt jury trial, it did not attach the November 5, 2008 judgment entry; and

merely stated:

[A]s of the date of filing this motion Judge Franken had not yet filed this Judg-ment Entry. Accordingly, Relator will supplement its motion by filing a certifiedcopy of the Judgment Entry as soon as Judge Franken files the entry with theClerk of Courts of the Mahoning County Common Pleas Court. (p. 11 of motion)

A copy of that motion, without exhibits, is attached hereon as Exhibit "A". Relator has

yet to supplement its motion to the Ohio Supreme Court with the November 5, 2008, judgment

entry. Please see Ohio Supreme Court Case No. 2008-2196.

Moreover, please see a copy of George Kafantaris' email of November 14, 2008, to At-

tomey Thomas Carey of the Trumbull County Grievance Committee, wherein he refers to#his

unfiled entry. This email is'attached hereon in its entirety as Exhibit "B", minus the transcripts:

Furthermore, please see a copy of the Courtview Docket as of today, December 12,.2008,

which is attached hereon as Exhibit "C".

C- L.r

Irene K. Makridis #0016760Attorney for George Kafantaris183 W. Market Street, Suite 201Warren, Ohio 44481Tel: 330-394-1587Fax: 330-394-3070

CERTIFICATE OF SERVICE

A copy of the foregoing Notice of Appeal with attached Judgment Entries and Exhibits,

was sent by regular U.S. Mail to Dawn P. Krueger, Attorney for Plaintiff, 21 W. Boatdman

Street, Youngstown, Ohio 44503, Natasha K. Frenchko, Attorney for Plaintiff, 219 W. Board-

man Street, 6s' Floor, Youngstown, Ohio 44503, and to Thomas E. Zena, Attorney for Defen-

dant, 1032 Boardman-Canfield Road, Youngstown, Ohio 44512, on this 12th day of December;

2008.

cIrene K. MakridisAttorney for George Kafantaris

2

1I/17/2008 18:28 PAX 83307602105 MC CLERK OF COURTS

IN THE COURT OF COMMON PLEASMA)EYON[NG COUNTY, OHIO

STATE OF OHIO, Case No, 08 C12 631

Plaintiff,

GEORGE BERENDT,

Defendant.

-f^:0.02/Q03:

Trial in this matter began withjury aeleetion on November 3, 2008. During the

Court's opening remarks to the prospectivejurors, Attorney George Kafantatis had to be

warned about his behavior. Throughout the trial, Attorney Kafantaris ignored the Court's

evidentiary rtrlings. The Court was forced to reprimand him both in and out of the presenci

of the j ury.

On November 4, 2008, AttorneyQeorge Kafantaris complained, In front of the

jury, about the Court not permitting him to play a DVT? of an interview with the ehiid

viotim. Attorney Kafantaris knew that the video was not admissible. The Court viewed the

DVD in chambers. The contents were not as portrayed by Attorney 1Cafantaris. He elaimed

that the video demonstrated that the interviewer suggested to the child that the Defendant

had molested her. His real reason for playing the video, he admitted later, was to shbw tFiat

the ehild could not answer some basic questions put to her by the interviewer and th:at she :

did not act her age.

Further, on this final day of trial, Attorney Kafantaris attempted to have a.Dactor

froin the Child Advocacy Center testify to records from St. Elizabeth Medical Centerthat

^IR 306^,, 000543

11/1`7/2008 16;27 FAX 83307402105 MC CLERK OF COURTS fit 00310Q3

the Doctor had not relied upon in reaching his opinion. When the Court would not permit

the testimony, Attorney Georgc Kafantaris complained, in front of the jury, that the Court

was keeping exoulpatory evidenee from the jury. Attomey Kafantaris had neglected to

subpoena anyone from St. Elizabeth Medical Center to testify concerning the records,

Due to the courtroom antics of Attomey George Kafantaris and his obvious lack of

preparation, the Court felt it necessary, in order to protect the Defendant's Constitutional

right to competent counsel, to declare a mistrial and remove Attozxiey ICafantaris as

oounsel. The Court finds beyond a reasonable doubt that Attorney Gaorge Kafantarie'

behavior posed an imminent threat to the administration of justice. The Court found

Atrorttey Kafantaris in direct contempt and fined him two hundred fz:Fty and no/l00 dollars

(g250,00), Attorney George Kafantaris has thirty (30) days to pay the fine,

DATED: f I

E 6 ?no^JUDGE TIMOTHY E.131tA1VKEN

CLERK: COPIES TO ALL COUNSEL ORUNREPIi.ESENTED PARTIE8

000544

D

IN THE COURT OF COMMON PLEASMAHONING COUNTY, OHIO

STATE OF OIDO, Case No. 08 CR 63

Plaintiff,

V.

presence of the jury.

On November 4, 2008, Attorney George Kafantaris lied to the Court aboutthe

contents of a DVD of an interview with the child victim. The Court viewed the DVI1 in

warned about his behavior. Thfoughout the trial Attorney George Kafantarls ignored'the

Court's evidentiary rulings. The Court was forced to reprimand him both in artdout of the.

Couit's opening remarks to the prospective jurors, Attorney George Kafantaris ha{d to ba

Judge Timothy E. Franken

Jndmnent EESntrv

Trial in this matter began with jury selection on November 3, 2008. During the

GEORGE BERENDT,

Defendant.

resson for playing the video, he adniitted later, was to show that the child`could riotaiisoet

sonie basic questions put to her by the interviewer. Evidence was admitted duringtrial'tiiat

chambers. The contents were not as portrayed by Attorney George Kafantaris. His real

However in the Court's view, the DVD was extremely damaging to the D'efendsnt

thb ahild was mentally slow.

had Attomey Mark Kafantari s view the DVD. He persuaded his father to withdraw $is

request to play the DVD for the jury. Further, on this final day of trial, Aftorney (le'orge

Assisting Attorney George Kafantaris was his son,.Attomey Mark Kafantaris. Ttie'Court

000570

"V/'1212008 13:30 FAX 83307402105 MC CLERK OF COURTS

Kafantaris attempted to have a Doetor firom the Child Advocacy Center tesfiPyf to reo.oids

counsel, Attorney Mark Kathntaris was not retained counsel and was not.familiar eAoltgls

right to competent counsel, to deolare a tnislrlal and rentove Attomay George KafesitaYl's as '

prepsration, the Court felt it neoessary, In order to proteot the DefentlaYtt's ConshtttqnAl

Due to the courtroom antics of Attorney (icorge Kafantarls and his obvieut'Ceek of

reaords.

not subpoenaed anyoae ftom Bt,'8lizsbetli Medical Centor to tostify eonceming the

oornplainod that they were crueial to his casa. HoweveT. Attorney George ICaFantatis bad

opinion. When the Court would not admft the records, Attorney George Kafanteris

from St. Elizabeth Medical Center that the Doctor had not relied upon in reachltig'bis

with the case to continue the trial.

DATED: 11 f L A7 7

000571

f.4o2-.:. ;

INTIiE SUPREME COURT OF OHIO

^

TIt:UhiRULL COUNTY RAR ASSOCIATION

Relator

vs.

GEORGE NICHOLAS KAFANTARIS

Respondent

Case No. M994090- •

RELATOR'S 14IOTION FOR INTERIM REMEDIAL SUSPENSIONPURSUANT TO GOV. BAR R. V(5a)

RAPVDTL J RUDLOFF (#e005590)'GUA[tN1ERI & SECILEST, P. L. L.151 E. Market St.P.O. Box 4270Wariren, OH 44482P6onet (330) 393-1SS4Fax: (330) 395-3831Bar Coanse! andAtforney forRetator

and

C[IRT1S J. AIVIBROSY (N0022121)A1V11)ROSY & FREifERI.CKASaite 200 -144 North Park AvenueVi'anen, OH 44481Ptione: (330) 393-6d00Co•connsetforRelalor

08

GRORGE NICHOLAS KAFANTARIS(N0009748)720 North Park AvenneWarren, O.hio 44483Phone: (330) 394-5455Respandent

MARK G. KAFANTARIS (#00$0392)625 City ParkAvenueColumbus, Ohio 43206Phone: (614-223-1444)Fax: (614-221-3713)Altorney for Respondeat

EXHIBIT 1 11NAV

EI,^R1( f^F$^UATSUPREM COCiRT &UH10

TABLE 010 CONTEPITS

Motion and Introduction ........................................................................................................ 3

Notice to Respondent ........................................................................................................... 4

Memorandum in Support of Interim Remedial Suspension .................................................. 4

The Andrew Irwin Contempt Matter ........................................................................ 5

The George Berondt Mistrial and Contempt Matter ................................................. 6

The Respondent's Felony Indictment Matter .......................................................... 7

Proposed Findings of Fact and Conclusions of I.aw ................................................ :............ 8

Conclusion ............................................................................................................................. 8

Certificate of Service .........................................................................................:................... . 10

Appendix

Relator's Exhibits

Exhtbft I Discipiinary Counsel v Kafantaris, (2003), 99 Ohio St. 3d 94ExhfbitZ Board of Commissioners Report to Ohio Supreme Court 11104/08Ezhibtt3 10/29/OS Warren Tribune Chronicle Newspaper articleExhibit 4 Columbiana County Contempt Finding Transr.riptWtbit 5 Columbiana County Contempt Finding Judgment Entry 7/11/07Exhibit 6 Columbiana County Contempt Sentencing TranscriptExhibit 7 Columbiana County Contempt Sentanoing Judgment Entry 10/29/07Bxhfbit 8 ' Mahoning County Contempt Finding and Mistrial Transcript-partialEshtbir 9 . Mahoning County Contempt Finding and Mistrial Judgment Entry *Exhibit 10 Trumbull County Felony indictment for Grand Theft (F•4)

*As of date of filing this motion Judge Franken had not yet filed this Judgment Entry. Accordingly,Relator wilf supplement its motion by filing a ce 'rt^f'ied copy of the Judgment Eotry as soon as Judge

Franken files the entry with the Clerk of the Mahoning County Common Fieas Court.

2

/

MOTION AND DaQl)1JCTION

Relator, Trumbull County Bar Association, moves the Court, pursuant to Gov. Bar R. V(5a); for

an interim remedial suspension of Respondent, George Nicholas I{afantaris, Attorney RegisteaHun No. .

0009748, based upon substential, credible evidence demonstrating that Respondant has commitwd

vioCations of the Ohio Rules of Professional Conduct and poses a substantial threat of serious harm:to tlhe"

public.

Respondent has engaged, and continues to engage, in conduct that constitutas vioiations of the

Ohio Rules of Professional Conduct and poses a threat of serious harm to the public. As demonsEated

hen;after, Respondent has engaged in conduct:

(1) that involves acting incompetently in representing a client [ORPC 1.1];

(2) that constitutes unfairness to an opposing party or counsel [ORPC 3.4(e)];

(3) that constitutes conduct intended to disrupt a Tribunal [ORPC 2.5(a) (5)];

(4) that constitutes engaging in undignified or discourtoous conduct that is degrading to: aTribunal [ORPC 3.5(a) (6)];

(5) that constitutes violations of the Ohio Rules of Professionat Conduct [ORPC 8.4(a)];

(6) that is prejudicial to the administration ofjustice [ORPC 8.4(d)];

(7) that adversely reflects on the lawyer's fitness to practice law [ORPC 8.4(h)].

Respondent is a solo practitioner, officed in Warren, Tnimbull County, Ohio, who mainfains a

general law practice in both state and federal courts.

Respondent has previously been disciplined/suspended by this Court for lying under oath in a

Deposition and in an Affidavit related to litigation in which Respondent was the defendetrt in a cleinl

brought by a former female employee for sexual harassment and sexual assault• DisclpTtniny Counsel v.

Kqjontoris, (2003), 99 Ohio St. 3d 94. (Exhibit 1).

Respondent is currenfty the subject of a recommendation in this case for peratanent disbeY'inent

filed November 4, 2008, by the Board of Commissioners. (Exhibit 2).

3

Since the commencement of the currant disciplinaty prooeedings now pending befoze this Cout#;

Respondent has engaged in conduct during two separate criminal,jury trials demonsttating his unfitness to'

practioe law, as well as his disrespect for the courts. Further, Respondent has been indictedby the

Tnuubull County Grand Jury in relation to the theft of $25,000.00 from the estate of Carol VtFillisms:

(Count Il of the pending disbarment recommendation).

The facts set forth in this Motion and the attached axhibits represent reported and docutnented

aets of Respondent's misconduot. The Memorandum hereinafter in support of Respondent's lnterim

Remedial Suspension further details those acte of misoonduct. Respondent's continued praotice of 1aev

poses a substantial risk of harm to the public and, as a result, Respondent should inunediately be placed

on snterim remedial suspension pending disposition by this Court of the permenent disbasment

reeommendation made by the Board of Commissioners.

Respondent has publicly stated that he intends to file objeotions to the Board of Commissionet's

recommendation of permanent disbarment (Exhibit 3) which will effeotively delay Respondent's,

permanent disbarment penalty for months, thereby permitting Respondent to continue to practice law and

oause harm to his clients, to the judicial system and to the profession.

NO, ItE TO RFSPONAEI+IT

Pursnant to Gov. Bar R. V(5a) (A) (1) (a), Relator notified Respondent in, advance of $lingthis

Motion. On November 10, 2008, Randil J. Rudloff, Trumbull County Bar Association Bar Couqsel;

personally ee.ntacted Respondent's office and had written notice of this Motion served upon RespondenY.

at his office address, and advised Respondent that this- Motion would be filed November 12, 2008:

Relator's Special Process Server, Thomas Cool, hand-delivered copies of this Motion and its eithibits to

Respondent's office and to Respondent's residence on November 10, 2008.

5mIM-Wif]i'11!! 'POItTO' ;il^9^^t;a±^'el;^ • s i r^^YllY^^^1^+ `^

Respondent is admitted to practice law in the State of Ohio. Respondent is.a sole practitioner

4

who conducts his practice under the names George Kafantaris, Attorney at law, or Kat$nfarie Liw

Otticea. Respondent holds himself out as a practitioner in the areas of general practice, criminal defetise

and pergonalinjury.

The And'ew Irwln t<ontemnt Matter

In January, 2007, Respondent was privately retained.to represent Andrew Irwiain a non-oap'ital

charge of murder pending in the Colutnbiana County Conunon Pleas Court. During the triai, Respoailent

repedtedly ignored and defied the admonitions of the trial judge, Hon. Ashley C. Pike, as to Resportdent's

improper questioning of witnesses, attempts to use inadmissible evidence, and an outburst 9n front oftFie

jury.

Judge Pike was fmalfy left with no alternative but to find Respondent in contsmpt: of court and

imposed a ten day jail sentence (Exhibit 4; pgs. 34-37 and Exhibit 5). Amazingly, this first contefnpt.

fmding apparenUy made no impression on Respondent, as after the jury announced its verilict of "guilty"

and was being escorted from the court room by the bailiff, Respondent jumped up and started waiving an.

audio cassette tape at the jurors and screaming, "Here's your murderer, right here". Judge Pike then

found Respondent in contempt for a second time (Exhibit 4; pgs. 39-44) (Exhibit 5).

On October 25, 2007, Judge Pike conducted a hearing for Respondent's conteanpt nentenoing:

(Exhibit 6; pgs. 3-45). Not once during that hearing did Respondent express remorse or offer an apology.

for his conduct, but instead, tried to justify what he had done. Judge Pike specifically foitndthat

Raspondent, "on two separata occasions during the Irwin trial, did obstntct.the administration of jus.tica°'

and sentenced Respondent to ten days incarceration in the Columbiana County jail on esoh charge of

contempt, to be served consecutively. (Exhibit 6; pgs. 40-45 and Exhibit 7). Respondent has appeeled

and the matter is pending before the Seventh District Court of Appeals.

In the Irwin trial, Rospondent violated the following Ohio Rules of Professional Condnct by

engaging in conduct:

(1) that involves acting incompetently in representing a client [ORPC 2.5 (a) (5)];

5

(2) that constitutes conduct intended to disrupt a Tribunal [ORPC 2.5(a) (5)];

(3) that constitutes engaging in undignifad or discourteous conduct tbat is degrading to aTribunal [ORPC 33(a) (6)];

(4) that constitutes violations of the Ohio Rules of Professional Conduct [ORPC 8.4(a)];

(5) that is prejudicial to the administration of justice [ORPC 8.4(d)];

(6) that advetsely reflects on the lawyer's fitness to praotice law [ORPC 8.4(h)].

, c_Ge,t►rge Be,,Mdt 1Vliatrial And Contemnt Matter

In June, 2008, after the evidence had closed in the Board of Commissioners Panel liearing-on

Relator's complaint seeking Respondent's permanent disbarment, Respondent was privately retained' to.

represent Oeorge Berendt in a felony-life rape trial in the Mahoning County Common Pleas Couft; towit:

State of Ohio v George Berendt, Case # 2008-CR-631. The jury trial commenced Monday, Novembot:3,

2008, before the Hon. Timothy B. Franken. By noon on Tuesday, November 4, 2008, Res{wndanthad

managed (1) to be fnund in contempt of court and fined $250.00 for his triat conduct (improperly

questioning witnesses, attempting to use inadmissible evidence, and lying to the court as to the use' af .

certs(n evidence), (2) to be removed by Judge Franken as Berendt's attorney for acting in<6hpetoittly in

his represontation of Berendt; and (3) caused Judge Franken to declare a mistrial. (BaJu'liit 8) Judga

Franken then appointed new counsel for Berendt and set a new trial date. Relator has providiedIn the

Appendix seleeted portions of the trial Transcript (F.xhibit 9) wbich demonstrate RespondenY's conduct

and the 6ndings made by Judge Franken.

Respondent's conduct in the Berendt oase has wastad valuable time of the court, the opposiug

lawycrs and the jurors; has cost the county substantial money for the jurors, the witnesses and the court;

and most importantly, endangered Mr. Berendt's rights to a fair trial and competent legal represeifttion.

In the Borendt trial, Respondent violated the following Ohio Rules of Professional Conduct.by

engaging in conduct:

(1) that involves acting incompetently in representing a client [ORPC 1.1 ];

6

(2) that i:onstitutes conduct intended to disrupt a Tribunal (ORPC 2.5(e) (5)];

(3) that constitutes engaging in undignified or discourteous conduct that is degrading to aTribunai [ORPC 3.5(a) (6)];

(4) that constitutes violations of the Ohio Rules of,Professional Conduct [ORPC 8.4(a)];

(5) that is prejudicial to the administration ofjustice [ORPC 8.4(d)];

(6) that adversaly refteots on the Iawyer's fitness to practice law [ORPC 8.4(h)].

The Reanondeg('s Pelonv ndictment Matter

As a result of Respondent stealing /misappropriating the sum of $25,000.00 from the estate of `

Caroi Williams, deceased (Count II of the pending disbatment recomniendation), Respondent was

indicted July 16, 2008, by the Trumbull County Grand Jury on one oount of Grand Theft, a Felony of the

Foutth'Dagree. (Exhibit 10).

Respondent is currently out on bond, and despite his pending felony indictment and discipliaary

case, continues to practice law with reckless abandon and appeer in court on behalf of cflents, includiug

his disestrous conduct in the Berendt Case. Respondent's pending felony indictment causes the public to

ask how Respondent, who has publieally adnutted the theft of $25,000.00 frvn the Williama:Estato, csn

contlnue to represent clients and appear in court on their behaif, and act as if nothing improper has

oocurred.

Respondent's pending felony indictment adversely reflects on Respondent's fitness to practice

law. [ORPC 8.4(h)].

7

PRt3POSED FiNI•i!INGS QY FACx ANJ) COIYCLUSIONS OF LA^

Pursuant to Gov. Bar R. V (5) (A) ( 1) (b), Relator proposes the following Findidgs of Fact and

Conclusions of Law:

1. Respondent, Gaorge N. Kafarrtaria, is currently licensed to practioe law in the Stata of

Ohio and Is subject to the Ohio Rules of Professional Conduct.

2. Relator has currently opened investigations regarding the allegations of misoon`tlttct:

desixibed in this motton for interim remedial suspension.

3. Relatnr has provided substantiat, credible evidence that Respondent hasviolated^the

following Ohio Rules of Profeasional Conduct by engaging in conduct:

(1) that involves a6ting incompetently in representing a client (ORPC 1.1);

(2) that constitutes unfairness to an opposing party or counsel (ORPC 3.4(e));

(3) that constitutes eonduct intended to disrupt a Tribunal (ORPC 2.5(a) (5));

(4) that constitutes engaging in undignified or discourteous conduct that is degradingg toraTribunal (ORPC 3.5(6));

(5) that constitutes violations of the Ohio Rules of Professional Conduct (ORPC 8.4(a));

(6) that is prejudicial to the administration of justice (ORPC 8.4(d));

(7) that adversaly reflects on the lawyer's fitness to practice law (ORPC 8.4(h)J.

4. Relator has provided substential, credible evidence that Respondent has engeged"`In

oonduot establishing that he poses a substantial risk of harm to the public.

5. Respondent should be immediately suspended from the practice of law pnderGov, Bar.

R V (5a).

CONCLUSION

Relator has presented substantial, credible evidence of Respondent's numerous past andpiesent

violstions of the Ohio Rules of Professional conduct. Respondent's propensity to angage in condUCt

8

prejudicial to the administration ofjustice, his apparent lack of respect for the judiciary, his incomppetenca

in representing clients, as well as the pending disbament recommendation by the 8uard of

Commissioners based on theft of funds belonging to clients and lying to this Court in an afl3davif; aU

demonsttate that Respondent poses a substantial threat of serious harna to the pubIlc, to the integrity o£the

Judieial Process and to the Legal Profession, and warrants this Court's immediate action. Aceordingly,

this Court should imrwdiately place Respondent on Imerim Remedial Suspansiou under Gov. Bar R: V

TRUMBUL TY ASSOCIATION .

RANDII.GUAI2NIBRI SECRES , .151 East Market StreetP.O. Box 4270Warren, Ohio 44482(330) 393-1584Attotney fbr Trumbull County Bar Assoc.,Relator

By.CCA2TIS J. A)Mf15Y (#002212AMBROSY & FRED131t1CKASuite 200 - 144 North Park AvenueWamon, OH 44481Pfione:330)393-6400Co-counsel for Trumbuli County Bar Assoc.,Relator

9

[SIX"4 4 s4 ' -Y-:. o' [ I e1_

1

A¢opy of the foregoing Relator's Motion for Interim Remedial Suspension Pursuant to Ciov:. Eai -

Rule V(5XA) was secved, this 10th day of November, 2008, upon ResQondent, GEORGE NICHOI:AS

KAFAIV'TA1tLS, by hand delivery to his office at 720 North Park Avenue, Warren, Ohio 44483 atid tohis:

resideuee at 734 Narth Park Avanue, Warren, Ohio 44483.

By:

10

APPENDIX OF EXHIBYI'8

Ezhibit I Disciplinary Counsel v Kafantaris, (2003), 99 Ohio St. 3d 94Exldbit 2 Board of Commissioners Report to Ohio Suprem^e Coort 11104/08&sliibit 3 10/29/08 Warren Tribune Chronicle Newspaper artieleTsxhFbit 4 Columbiana County Contempt Finding TranscriptExbtbft S Columbiana County Contempt Finding Judgment Entry 7/11/07Ex3ribtt 6 Columbiana County Contempt Sentencing TranscriptExiitbit 7 Columbiana County Contempt Sentencing Judgment Entry 10/29/07Fxlribtt 8 Mahoning County Contempt Finding and Mistrial Transerlpt-paitial, consistlhgof:"pg22,

Lines 3-21; pg 26, Line 8; pg 27. Lines 14-16; pg 65, Lines 13-23; pg 66, Liuesl-15;pg 71, Lines 10-21; pg 73, Linas 10-21; pg73, Lines 18-23; pg 74, Line 1; pg 76, line 5;pg 109, I.1nas 9-10; pg 110, Lines 15-23; pg 111, Lines 10-23; pg1.12, Lines 1-23; pg 113,Lines 1-6; pg 114, Lines 1-12; pg 1 i 7, Lines 6-23; pg 118, Lines 1-7 & 14-23;pg 119,Lines 15-21.

Exhibit 9 IVlahoaing County Contempt Finding and Mistriat Judgment Entry *fxhtbtt 10 Truinbutl County Felony Indictment for Grand Theft (F-4)

• As of the date of filing this motion Judge Franken had not yet filed this Judgment Entry. AccordinglyiReixtor will supplement its nYotion by filing a certified copy of the Judgment Entry es soon as J"udgeFranken files the entry with the Clerk of the Clerk of the Mahoning County Common Pleas Court.

11

Offlce Account

From: Office Account

Sent: Friday, November 14, 2008 2:15 PM

To: '[email protected]'

Cc: '[email protected]'; '[email protected]'; 'mscaiaattyQaol.com'; 'sevenfoldtyaol.oom':

Subject: Second and Third Day Transcript of State v. Berendt

Tom,

Here is the second and third day transcript on State v. Berendt, Mahoning County Case No. 2008-CR-631. Thefirst day should be typed up next week, and I will send that to you as well. A cursory reading of the transcriptought to show that the Court did not have sufficient grounds to declare a mistrial for incompetent counsel.Indeed, Its release of the defendant on his own recognizance, over the objection of the prosecutor, sheds some

light on the events the day before.

Nor is there anything on the docket on Court View wherein the Court journalized any of the things it said or didronthe second day of trial. If it is still true that the Court speaks through its docket, it has yet to do so. WhyareRandy and Curt then filing things in the Supreme Court? Why did Randy give Chris Bobby with the TribuneChronicle a copy of the motion for interim suspension when he knew there was no journal entry to supportit?Indeed, Chris got his copy before It was even flled with the Clerk on Wednesday - and it was given a new casenumber, which supports our argument that the local Bar does not have jurisdiction on cases in Manoning C6unty--journalized or not.

And Tom, how appropriate was it for Curt and Randy to be pressuring me to resign my license, less I'd be.prosecuted? And what about Randy telling my kid on Monday that I could get two misdemeanors if I did notobject to the Board's recommendation?

But what bothers me more, is that I did good work in Columbiana County in the Irwin murder trial, and did itthe.old fashioned way by relentless investigation - at all hours of the day and night, and at some of the mostdangerous places of East Liverpool. The transcript in that case reflects this, which is why I believe it wilPbereversed. Yet, I have been portrayed in the press as a fool, waving a tape to the jury, or ignoring the Court.

True, my style is more direct than prosecutors outside of Trumbull County are accustomed to. Yet, I have alsohad good results. For example, in the summer of 2007, we successfully defended a man in Ravenna, to thecomrnendationof Judge Enlow. And that t(al was more difficult than even Judge Enlow knew; because myutilities were shut off then, the office on North Park was in shambles (still is), and Randy and Curt wer!e: on myheels with the grlevance complaints. In the style of the old country lawyers, I kept my head up and plowedthrough the trial, though the facts were difficult and the stakes high.

I suspect we would have had similar good results in Berendt two weeks ago because we had a receptive jury (Liy:the second day, they had lost interest in the state's case), we had effectively cross-examined their key witnesses ,and the prosecution underestimated its hurdles (no DNA evidence) or did expect my direct and confrOtitationalstyle. Nonetheless, I have been declared incompetent by the Court, and my local Bar saw it prudent to fite of amotion for intenm suspension because I am a "danger to the public".

Please call me when you have some time. I blame no one but myself for my problems,'but it does seem a.bifunfair that I should be dragged through the mud on a regular basis.

George

EXHiBiT "L3it

` 12/121200R

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50 2008 CR 00631 STATE OF OHIO - vs- BERENDT, GEORGE TEF

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Search Results 79 Docket(s) found matching search criteria.

Docket Docket TextDate

Amount Amount ImagesDue

11/d0/2008 SUBPOENA RETURNED& FILED-- 0.00 0.00SERVED KEEPER OF RECORDSVITAL STATISTICS

11/05/2008 SUBPOENA RETURNED & FILED-- 16.00 16.00RESIDENTIAL SERVICE TO BRIANBERFNDTH 10-30-08

11/05/2008 SUBPOENA RBTURNED & FILED-- 16.00 16.00SERVED MARIA THOMPSON 10-30-08 .

11/04/2008 NOTICE OF APPEARANCE OF 0.00 0.00COUNSEL FOR DEPT FILED Attorney:MAKRIDIS, IRENE K (16760)

11/03/2008 SUBPOENA RETURNED & FILED--NO 14.00 14.00SERVICE TO MICHELLE BERENDT,UNABLE TO CONTACT

10/30/2008 STATE'S SUPPLEMENTAL 0.00 0,00DISCLOSURE OF EVIDENCEPURSUANT TO CRIM.R.16 ANDLOCAL RULE 9 AND STATE'SNOTICE OF INTENTION TO USEEVIDENCE PURSUANT TO CRIM.R.12(D)(2) FILED

10/3012008 SUBPOENA ISSUED TO .00 .00PROSECUTORS OFFICE FORRECORDS

10/30/2008 SUBPOENA RETURNED & FILED-- 11.00 11.00

SERVED SAM MOFFIE 10-29-0810/30/2008 SUBPOENA RETURNED & FILED-- 11,00 11.00

SERVED KENNETH RAMSEY 10-29-0810/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00

SERVED DAWN BLAZEK 10-29-0810/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00

SERVED CHARLES SENCZYSZAK 10-29-08

10/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00SERVED MELISSA BERENDT 10-29-08

10/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00SERVED APRIL HAUGHT 10-29-08

10/30/2008 SUBPOENA RETURNED & PILED-- 0.00 0.00SERVED CHRISTINE WHITE 10-29-08

10/30/2008 SUBPOENA RETURNED &. FILED-- 0.00 0.00DID NOT SERVE REGINA BERENDT.PROPERTY IS VACANT

10/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00DID NOT SERVE KELLY BARICH.PROPERTY IS VACANT

10/29/2008 SUBPOENA ISSUED TO PROCESS 32.00 32,00SERVER

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO TAMMYJOHNSON R/N GENIENE JONES 10-2-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED KENNETH RAMSEYMELISSA BERENDT 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0,00 0.00SERVED KENNETH RAMSEY 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED CHRISTINE WHITE 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED REGINA BERENDT KELLYBERENDT 9-30-08

I0/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED MELISSA BERENDT 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED OFF SUE ELLIS OFF D PESADET BRIAN BUTLER 9-29-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO BRENDA RITZBARB TURNER 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0,00 0.00FAXED SERVICE TO JANICE FOXCYNTHIA BEREND 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO DRMCPHERSON 9-30-08

10/10/2008 Issue Date: 10/I0/2008 Service: COPIES 0,42 0.42OF 9-29-08 Method: (CP) REGULAR

MAIL Cost Per: $ 0.42 KRUEGER,DAWN c/oA'1'TY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000326591 BERENDT, GEORGEc/o ATTY: MAKRIDIS, IRENE K 183 W.MARKET ST WARREN, OH 44481Tracking No: R000326592

10/10/2008 COPIES ISSUED OF 9-29-08 JE TO 0.20 0.20PARTIES

10/09/2008 SUBPOENA RETURNED & FILED-- 14.00 14.00FEES SERVED MICHELLE BERENDTON SEPT 18, 2008

10/09/2008 SUBPOENA RETURNED & FILED-- 16.00 16.00FEES 3ERVED MARIA THOMPSONON SEPT 23, 2008

09129/2008 JF> CASE CAI.,I..ED FOR TRIAL 9-24- 2.00 2.0008. SPEEDY TRIAL WAIVER NOTEXECUTED. STATE'S MOTION FORDISCOVERY SANCTIONS ISSUSTAINED. DISCOVERYPROVIDED. STATE IS TO NOTIFYTHE COURT IMMEDIATELY WHENDNA EVIDENCE IS RECEIVED. CASESHALL BE SET FOR PRETRIAL ON10-22-08 @ 9:00AM. AT SAIDPRETRIAL, A TRIAL DATE SHALL BEAGREED UPON AND SET BYPARTIES. (FRANKEN)

09/24/2008 MOTION TO APPOINTMENT 0.00 0.00PROCESS SERVER FILED BY DEFTAttorney: KAFANTARIS, GEORGE(9748)

09/24/2008 DEFT'S WITNESS LIST FILED 0.00 0.00

09/24/2008 MOTION TO EXPAND TIME TO 0.00 0.00CONDUCT VOIR DIRE FILED BYDEFT Attorney: KAFANTARIS,GEORGE (9748)

09/24/2008 SUBPOENA ISSUED TO PROCESS 32.00 32.00SERVER


09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00RESIDENTIAL SERVICE TOKENNETH RAMSEY 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 9.00 9.00SERVED KELLY BARICH 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 9.00 9.00SERVF.D REGINA BERENDT 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00RES IDENTIA L SER VI CE TO DA W NBLAZEK 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00RESIDENTIAL SERVICE TO

CHARLESSENCZYSZAK


09/23/2008 MOTION TO CONTINUE AND 0.00 0.00MOTION FOR DISCOVERYSANCTIONS FILED BY PLNTFAttorney; KRUEGER, DAWN (74983)

09/18/2008 DEPOSIT RECE[VED Receipt: 133837 108.00 0.00Date: 09/ [ 8/2008 (9 SUBPOENAS)

09/18/2008 SUBPOENA ISSUED TO SHERIFF OF 18.00 18.00MAHONING CTY.

08/29/2008 Issue Date: 08/29/2008 Service: COPIES 0.42 0.42OF 08/28/08 Methodc (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000315689 BERENDT, GEORGEo/o ATTY: MAKRIDIS,IRENE K 183 W.MARKET ST WARREN, OH 44481Tracking No: R000315690

08/29/2008 COPIES ISSUED OF 08/28/08 JE TO 0.20 0.20PARTIES

08/28/2008 JE> COURT HAS REVIEWED FILINGS 2.00 2.00IN THIS CASE. DEFT WASAPPREHENDED ON 05/31/08 AND ISSTILL [NCARCERATED. ON 07/31/08COURT GRANTED STATE AREASONABLE CONTINUANCE TOOBTAIN A DNA ANALYSIS OFEVIDENCE. REPORT ON DNA WASRECEIVED TODAY. SPEEDY TRIALT[ME ON THIS CASE PREVIOUSLYTOLLED WHILE AWAITING DNAANALYSIS BEGINS TO RUN.MATTER IS SET FOR TRIAL ON09/24/08 @ 9:00 A.M.(FRANKEN)

08/27/2008 REQUEST FOR DISCOVERY FILED 0.00 0.00BY DEFT

021/2008 Issue Date: 08/21/2008 Service: COPIES 0.42 0.42OF 8-1-08 Method; (CP) REGULARMAIL Cost Per: $ 0,42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000313993 BERENDT, GEORGEcJo ATTY: MAKRIDIS, IRENE K 183 W.MARKET ST WARREN, Ol-I 44481Tracking No: R000313994

08/21/2008 COPIES ISSUED OF 8-1-08 JE TO 0.20 0,20PARTIES

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED TAMMY JOHNSON &R!N GENIENE JONES BY FAX ON (NO

DATE GIVEN)08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00

FEES SERVED JANICE FOX &CYNTHIA BEREND BY FAX ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED SUE ELLIS, OFF DPESA & OFF TIPPLE BY FAX ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED DR MCPHERSON BYFAX ON (NO DATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED BRENDA RITZ, SANENURSE & BARB TURNER, SANENIJRSE BY FAX ON (NO DATEGIVEN)

08/07/2008 SIJBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED KENNETH RAMSEYBY PERSONAL SERVICE ON (NODATE G I V EN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED MELISSA BERENDTBY RESIDENCE SERVICE ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & f ILED-- 0.00 0.00FEES SERVED CHRISTINE WHITE BYRBSIDENCE SERVICE ON (NO DATEGIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED REGINA BERENDT &KELLY BERENDT BY RESIDENCESERVICE ON (NO DATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED BY RESIDENCESERVICE ON (NO DATE GIVEN)

08/01/2008 JE> MA'I"I'ER CALLED FOR 2.00 2.00PRETRIAL 7-31-08. SPEEDY TRIALWAIVER NOT EXECUTED. STATE'SMOTION TO CONITNUE 7'HE T'RIALDUE TO DNA IS SUS'I'AINED.MATTER SET FOR PRETRIAL ON 8-28-08 @ 9:00AM, STATE SHALLNOTIFY DEFT COUNSEL AND THISCOURT 1MMEDIATELY UPONRECEIPT OF FINAL DNA REPORT.(FRANKEN)

07/25/2008 MOTION TO CONTINUE FILED BY 0.00 0.00PLNTF Attorney: KRUEGER, DAWN(74983)

07/15/2008 NOTICE OF SUBSTITUTION OF 0.00 0,00COUNSEL REPLACING GEORGEKAFANTARIS FILED Attorney:MAKRIDIS, IRENE K (16760)

07/14/2008 SUBPOENA ISSUED TO 32,00 32.00PROSECUTORS OFFICE

07/01/2008 Issue Date: 07/01/2008 Service: COPIES 0,42 0.42OF 6-16-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000301 139 BERENDT, GEORGEc/o ATTY: KAFANTARIS, GEORGE720 NORTH PARK AVENIJF WARRENOHIO 44483 WARREN, OH 44483Tracking No: R000301 140


06/16/2008 JE> CASE CALLED FOR PRETRIAL 6- 2.00 2.0010-08. DISCOVERY PROVIDED.PRETRIAL SET FOR 7-31-08 @8:30AM AND TRIAL IS SET FOR 8-4-08 @ 10:0oAM. (FRANKEN)

06/12/2008 REQUEST AND DISCOVERY 0.00 0.00DEMAND NOTICE AND RECEIPTFILED BY PLAINTIFF

06/09/2008 NOTICE OF AVAILABILITY OF 0.00 0.00MAHONING COUNTY RULES OFCRIMINAL PRACTICE RULE 9(B)FILED BY PLNTF

06/04/2008 WARRANT RETURNED SERVED: 10.00 10.00APPREHENDED G F.ORGE BERENDT5-31-08 BY MCSO

06/03/2008 THE UNDERSIGNED STATES THAT 0.00 0.00HE IS THE ATTY WHO WILL TRYTHIS CASE-APPOINTED-ATTORNFYG.KAFANTARUS

06/03/2008 INDIGENT APPLICATION FEE 25.00 25.00

06/03/2008 JE>DEPENDANT ENTERS A PLEA OF 2.00 2.00NOT GUILTY. BOND IS $200,000 C/S.ATTORNEY G. KAFANTARUS ISRETAINED COUNSEL, CASEASSIGNED TO COURTROOM 5. PRE-TRIAL JUNE 10, 2008 AT 1:30 PM,TRIAL ON AUGUST 4, 2008 AT 10:00AM. (MAGISTRATE FEHR)

05/30/2008 COPY OF WARRANT TO 0.10 0.10PROSECUTOR'S OFFICE

05/30/2008 WARRANT ALONG WITH COPY OF 2.00 2.00INDICTMENT ISSUED TO SHERfFFOF MAHONING COUNTY

05/29/2008 REQIJEST FOR ISSUANCE OF 0.00 0.00WARRANT UPON INDICTMENTFILED

05/29/2008 DIRECT PRESENTMENT, 25.00 25,00INDICTMENT FILED

"'"`^--fILED,IpORTAGEC0UNIYCOMMONPLEA6

JUL 2 7 2007IN THE COURT OF COMMON PLEAS

PORTAGE COUNTY, 01-IIO

STATE OF OHIO

Plaintiff CASE NO. 07 CR 0040

v- JUDGE ENLOW

DAVID J..DRENNEN JUDGMENT ENTRY

Defendant

LINDA K,RA^N^A Q CLERK.

This matter came on for trial to jury before the Honorable John A. Enlow on the24'h day of July, 2007. Eric Finnegan, Assistant Prosecutor, appeared on behalf of theState of Ohio; Attorney George Kafantaris appeared representing the Defendant.Following the empanelling of a jury and opening statements of counsel, the matterproceeded to trial, the state and the defense both offering testimony and exhibits. TheCourt ruled on all pending motions during trial and the admission of exhibits.

The matter continued on July 25 and 26'h, 2007. Following closing argumentsand the court's charge on the law in this case, the jury retired to deliberate andsubsequently returned a verdict of NOT GUILTY.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the verdictof not guilty be entered upon the record and the defendant's bond be and is herebydischarged.

IT IS SO ORDERED,

cc: Prosecutor

George Kafantaris720 North Park AvenueWarren, OH

ZGQ7lnluiiiliiiliiiii 00040 R0003g929712

J c

IN THE COURT OF COMMON PLEAS

PORTAGE COUNTY, OHIO

FILkD . ,.COURT OF COMMON Pl:e+15

JUL 2 7 2007

UNQDOA K̂.,ÊCOUNTYROHIOpK

NKHAA

STATE OF OHIO

Plaintiff CASE NO. 07 CR 0040

JUDGE ENLOW

DAVID J. DRENNEN VERDICT FORM

Defendant

We, the Jury, having been first duly etnpanelled, sworn and affirmed, do hereby

find David J. Drennen * hlot Gu 1 G 7`/ of Rape.

We do so render our unanimous verdict this 26 day of Tu t-y

2007.

lmwp , 1^ ` -I „

Q

*Insert "Not Guilty" or "Guilty" in ink in accordance with yourfinding.

11111111^1111N^^ÎIIN^NIÎIIINIIIIIIItUII111lIUll^ll 00370638MFM02,C

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50 2008 CR 00631 STATE OF OHIO - vs- BERENDT, GEORGE LAD

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12/10/2008 Issue Date: 12/10/2008 Service: COPIES 0.42 0.42OF 11-12-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000339730 BERENDT, GEORGEc/o ATTY: IvIAKRIDIS, IRENE K 183 W.MARKET ST WARREN, OH 44481Tracking No: R000339731


12/02/2008 Issue Date: 12/02/2008 Service: COPIES 0.42 0.42OF 11-5-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 BERENDT,GEORGE c/o ATTY: MAKRIDIS,IRENE K 183 W. MARKET STWARREN, OH 44481 Tracking No:R000337876 FRENCHKO ESQ,NATASHA K c/o ATTY: FRENCHKOESQ, NATASHA K MAHONINGCOUNTY PROSECUTOR'S OFFICE 219W BOARDMAN ST 6TH FLOORYOUNGSTOWN, OH 44503 TrackingNo: R000337877 BERENDT, GEORGEc/o ATTY: ZENA, THOMAS E. 1032

EXHIHIT OC r'

BOARDMAN-CANFIELD RD. #101YOUNGSTOWN, OH 44512 TrackingNo: R000337878


11/24/2008 Issue I7ate: 11/24/2008 Service: COPIES 0.42 0.42OF 11-3-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000336297 BERENDT, GEORGEc/o ATTY: ZENA, THOMAS E. 1032BOARDMAN-CANFIELD RD. 4101YOUNGSTOWN, OH 44512 TrackingNo: R000336298


11/20/2008 TRANSCRIPT OF PROCEEDINGS 0.00 0.00FILED (] 1-3-08 TRIAL) VOLUME II OFII

11/20/2008 TRANSCRIPT OF PROCEEDINGS 0.00 0.00FILED (11-3-08 TRIAL) VOLUME I OFII

11/20/2008 TRANSCRIPT OF PROCEEDINGS 0.00 0.00FILED (11-5-08 HEARING)

11/19/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO JANICE FOXCYNTHIA BEREND OFF D PESA DETBRIAN BUTLER TAMMY JOHNSONR/N GENIENE JONES BRENDA RITZBARB TURNER DR MCPHERSON 10-30-08. NO SERVICE TO OFF SUEELLIS RETIRED

11/19/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00RESIDENTIAL SERVICE TOCHRISTINA WHITE 10-30-08

11/19/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED MELISSA BERENDTREGINA BERENDT KELLY BERENDT10-30-0&. RESIDENTIAL SERVICE TOKENNETH RAMSEY 10-30-08

11/18/2008 REQUEST AND DISCOVERY 0.00 0.00DEMAND NOTICE AND RECEIPTFILED BY PL•AINTIFF

11/12/2008 JE> 4.00 4.0011/12/2008 REQUEST FOR BILL OF 0.00 0.00

PARTICULARS FILED BY DEFT11/12/2008 REQUEST FOR DISCOVERY 0.00 0.00

PURSUANT TO OHIO CRIMINALRULE 16(A) FILED BY DEFT

11/12/2008 MOTION FOR NOTICE OF INTENT TO 0.00 0.00USE EVIDENCE (OHIO CRIM.R.12(E))FILED BY DEFT Attorney: ZENA,

THOMAS E. (7375)

11/12/2008 DEMAND FOR DISCOVERY, 0.00 0.00DEMAND FOR DUE PROCESSDISCLOSURE FILED BY DEFT

11/10/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED KEEPER OF RECORDSVITAL STATISTICS

11/05/2008 JE> TRIAL IN THIS MATTER BEGAN 4.00 4.00WITH JURY SELECTION ON 11-3-08.DUE TO COURTROOM ANTICS OFATTY GEORGE KAFANTARIS ANDHIS OBVIOUS LACK OFPREPARATION, COURT FELT ITNECESSARY, IN ORDER TOPROTECT THE DEFT'SCONSTITUTIONAL RIGHT TOCOMPETENT COUNSEL, TODECLARE A MISTRIAL ANDREMOVE ATTY GEORGEKAFANTARIS AS COUNSEL. ATTYMARK KAFANTARIS WAS NOTRETAINED AND WAS NOTFAMILIAR ENOUGH WITH THE CASETO CONTINUE THE TRIAL.(FRANKEN)

11/05/2008 JF> MATTER CAME BEFORE COURT 2.00 2.0011-5-08, COURT APPOINTED ATTYTHOMAS ZENA TO REPRESENTDEFT. (FRANKEN)

11/05/2008 JF> AFFIDAVIT OF INDIGENCY. 2.00 2.00(FRANKEN)

11/05/2008 RECOGNIZANCE OF ACCUSED 2,00 2.00FILED IN AMOUNT OF OWNRECOGNIZANCE

11/05/2008 JE> BOND IS SET AT $25,000 2.00 2.00PERSONAL RECOGNIZANCE BOND.DEFT SHALL HAVE NO CONTACTWITH VICTIM. DEFT SHALL RESIDEWITH HIS MOTHER.AND MAY NOTBE IN THE VICINITY OF MILLETAVE, YOUNGSTOWN, OHIO.(FRANKEN)

11/05/2008 SUBPOENA RETURNED & FILED-- 16.00 16.00RESIDENTIAL SERVICE TO BRIANBERENDTH 10-30-08

11/05/2008 SUBPOENA RETURNED & FILED-- 16.00 16.00SERVED MARIA THOMPSON 10-30-08

11/04/2008 NOTICE OF APPEARANCE OF 0.00 0.00COUNSEL FOR DEFT FILED Attorney:MAKRIDIS, IRENE K (16760)

11/03/2008 .1F> DEFT'S MOTION TO EXPAND 2.00 2.00TIME TO CONDUCT VOIR DIRE ISOVERRULED. (FRANKEN)

11/03/2008 SUBPOENA RETURNED & FILED--NO 14.00 14.00

SERVICE TO MICHELLE BERENDT,UNABLE TO CONTACT

10/30/2008 STATE'S SUPPLEMENTAL 0.00 0.00DISCLOSURE OF EVIDENCEPURSUANT TO CRIM.R.16 ANDLOCAL RULE 9 AND STATE'SNOTICE OF INTENTION TO USEEVIDENCE PURSUANT TO CRIM.R.12(D)(2) FILED

10/30/2008 SUBPOENA ISSUED TO .00 .00PROSECUTORS OFFICE FORRECORDS

10/30/2008 SUBPOENA RETURNED & FILED-- 11.00 11.00SERVED SAM MOFFIE 10-29-08

10/30/2008 SUBPOENA RETURNED & FILED-- 11.00 11.00SERVED KENNETH RAMSEY 10-29-08

10/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00SERVED DAWN BLAZEK 10-29-08

10/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00SERVED CHARLES SENCZYSZAK 10-29-08




10/30/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00DID NOT SERVE REGINA BERENDT.PROPERTY IS VACANT

10/30/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00DID NOT SERVE KELLY BARICH.PROPERTY IS VACANT


10/27/2008 JE> CASE CALLED FOR PRETRIAL 2.00 2.00ON 10-22-08. COURT IS CURRENTLYENGAGED IN JURY TRIAL IN CASE07CR1261, TRIAL IN THIS CASESHALL BE SET FOR 11-3-08 @9:00AM. STATE IS TO PROVIDE THECOURT AND DEFENSE WITH DNAANALYSIS AS SOON AS THEREPORT IS RECEIVED. (FRANKEN)

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO TAMMYJOHNSON R/N GENIENE JONES 10-2-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED KENNETH RAMSEYMELISSA BERENDT 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED KENNETH RAMSEY 9-30-08


10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED REGINA BERENDT KELLYBERENDT 9-30-08


10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00SERVED OFF SUE ELLIS OFF D PESADET BRIAN BUTLER 9-29-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0,00FAXED SERVICE TO BRENDA RITZBARB TURNER 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO JANICE FOXCYNTHIA BEREND 9-30-08

10/23/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FAXED SERVICE TO DRMCPHERSON 9-30-08

10/10/2008 Issue Date: 10/10/2008 Service: COPIES 0.42 0.42OF 9-29-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000326591 BERENDT, GEORGEc/o ATTY: MAKRIDIS, IRENE K 183 W.MARKET ST WARREN, OH 44481Tracking No: R000326592


10/09/2008 SUBPOENA RETURNED & FILED-- 14.00 14.00FEES SERVED MICHELLE BERENDTON SEPT 18, 2008

10/09/2008 SUBPOENA RETURNED & FILED-- 16.00 16.00FEES SERVED MARIA THOMPSONON SEPT 23, 2008

09/29/2008 JE> CASE CALLED FOR TRIAL 9-24- 2.00 2.0008. SPEEDY TRIAL WAIVER NOTEXECUTED. STATE'S MOTION FORDISCOVERY SANCTIONS ISSUSTAINED. DISCOVERYPROVIDED. STATE IS TO NOTIFYTHE COURT IMMEDIATELY WHENDNA EVIDENCE IS RECEIVED. CASESHALL BE SET FOR PRETRIAL ON10-22-08 @ 9:00AM. AT SAIDPRETRIAL, A TRIAL DATE SHALL BEAGREED UPON AND SET BYPARTIES. (FRANKEN)

09/24/2008 MOTION TO APPOINTMENT 0.00 0.00PROCESS SERVER FILED BY DEFTAttorney: KAFANTARIS, GEORGE(9748)

09/24/2008 DEFT'S WITNESS LIST FILED 0.00 0.0009/24/2008 MOTION TO EXPAND TIME TO 0.00 0.00

CONDUCT VOIR DIRE FILED BYDEFTAttomey: KAFANTARIS,GEORGE (9748)


09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00SERVED APRIL 14AUGHT 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00RESIDENTIAL SERVICE TOKENNETH RAMSEY 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 9.00 9.00SERVED KELLY BARICH 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 9.00 9.00SERVED REGINA BERENDT 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00RESIDENTIAL SERVICE TO DAWNBLAZEK 9-22-08

09/24/2008 SUBPOENA RETURNED & FILED-- 8.00 8.00RESIDENTIAL SERVICE TOCHARLES SENCZYSZAK


09/23/2008 MOTION TO CONTINUE AND 0.00 0.00MOTION FOR DISCOVERYSANCTIONS FILED BY PLNTFAttorney: KRUEGER, DAWN (74983)

09/18/2008 DEPOSIT RECEIVED Receipt: 133837 108.00 0.00Date: 09/18/2008 (9 SUBPOENAS)

09/18/2008 SUBPOENA ISSUED TO SHERIFF OF 18.00 18.00MAHONING CTY.

08/29/2008 Issue Date: 08/29/2008 Service: COPIES 0.42 0.42OF 08/28/08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000315689 BERENDT, GEORGEc/o ATTY: MAKRIDIS, IRENE K 183 W.MARKET ST WARREN, OH 44481Tracking No: R000315690

08/29/2008 COPIES ISSUED OF 08/28/08 JE TO 0.20 0.20PARTIES

08/28/2008 JE> COURT HAS REVIEWED FILINGS 2.00 2.00IN THIS CASE. DEFT WASAPPREHENDED ON 05/31/08 AND ISSTILL INCARCERATED. ON 07/31/08COURT GRANTED STATE AREASONABLE CONTINUANCE TOOBTAIN A DNA ANALYSIS OFEVIDENCE. REPORT ON DNA WASRECEIVED TODAY. SPEEDY TRIALTIME ON THIS CASE PREVIOUSLY

TOLLED WHILE AWAITING DNAANALYSIS BEGINS TO RUN.MATTER IS SET FOR TRIAL ON09/24/08 @ 9:00 A.M.(FRANKEN)

08/27/2008 REQUEST FOR DISCOVERY FILED 0.00 0.00BY DEFT

08/21/2008 Issue Date: 08/21/2008 Service: COPIES 0.42 0.42OF 8-1-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000313993 BERENDT, GEORGEc% ATTY: MAKRIDIS, IRENE K 183 W.MARKET ST WARREN, OH 44481Tracking No: R000313994


08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED TAMMY JOHNSON &R/N GENIENE JONES BY FAX ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED JANICE FOX &CYNTHIA BEREND BY FAX ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED SUE ELLIS, OFF DPESA & OFF TIPPLE BY FAX ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED DR MCPHERSON BYFAX ON (NO DATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED BRENDA RITZ, SANENURSE & BARB TURNER, SANENURSE BY FAX ON (NO DATEGIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED KENNETH RAMSEYBY PERSONAL SERVICE ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED MELISSA BERENDTBY RESIDENCE SERVICE ON (NODATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED CHRISTINE WHITE BYRESIDENCE SERVICE ON (NO DATEGIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED REGINA BERENDT &KELLY BERENDT BY RESIDENCESERVICE ON (NO DATE GIVEN)

08/07/2008 SUBPOENA RETURNED & FILED-- 0.00 0.00FEES SERVED BY RESIDENCESERVICE ON (NO DATE GIVEN)

08/01/2008 JE> MATTER CALLED FOR 2,00 2.00PRETRIAL 7-31-08. SPEEDY TRIALWAIVER NOT EXECUTED. STATE'SMOTION TO CONITNUE THE TRIALDUE TO DNA IS SUSTAINED.MATTER SET FOR PRETRIAL ON 8-28-08 @ 9:00AM. STATE SHALLNOTIFY DEFT COUNSEL AND THISCOURT IMMEDIATELY UPONRECEIPT OF FINAL DNA REPORT.(FRANKEN)

07/25/2008 MOTION TO CONTINUE FILED BY 0.00 0.00PLNTF Attorney: KRUEGER, DAWN(74983)

07/15/2008 NOTICE OF SUBSTITUTION OF 0.00 0.00COUNSEL REPLACING GEORGEKAFANTARIS FILED Attomey:MAKRIDIS, IRENE K (16760)

07/14/2008 SUBPOENA ISSUED TO 32.00 32.00PROSECUTORS OFFICE

07/01/2008 Issue Date: 07/01/2008 Service: COPIES 0.42 0.42OF 6-16-08 Method: (CP) REGULARMAIL Cost Per: $ 0.42 KRUEGER,DAWN c/o ATTY: KRUEGER, DAWN21 W BOARDMAN STYOUNGSTOWN, OH 44503 TrackingNo: R000301139 BERENDT, GEORGEc/o ATTY: KAFANTARIS, GEORGE720 NORTH PARK AVENUE WARRENOHIO 44483 WARREN, OH 44483Tracking No: R0003 0 1 1 40


06/16/2008 JE> CASE CALLED FOR PRETRIAL 6- 2.00 2.0010-08. DISCOVERY PROVIDED.PRETRIAL SET FOR 7-31-08 @8:30AM AND TRIAL IS SET FOR 8-4-08 ® 10:00AM. (FRANKEN)

06112/2008 REQUEST AND DISCOVERY 0.00 0.00DEMAND NOTICE AND RECEIPTFILED BY PLAINTIFF

06/09/2008 NOTICE OF AVAILABILITY OF 0.00 0.00MAHONING COUNTY RULES OFCRIMINAL PRACTICE RULE 9(B)FILED BY PLNTF

06/04/2008 WARRANT RETURNED SERVED: 10.00 10.00APPREHENDED GEORGE BERENDT5-31-08 BY MCSO

06/03/2008 THE UNDERSIGNED STATES THAT 0.00 0.00HE IS THE ATTY WHO WILL TRYTHIS CASE-APPOINTED-ATTORNEY

G.KAFANTARUS

06/03/2008 INDIGENT APPLICATION FEE 25.00 25.00

06/03/2008 JE>DEFENDANT ENTERS A PLEA OF 2.00 2.00NOT GUILTY. BOND IS $200,000 C/S.ATTORNEY G. KAFANTARUS ISRETAINED COUNSEL. CASEASSIGNED TO COURTROOM 5. PRE-TRIAL JUNE 10, 2008 AT 1;30 PM.TRIAL ON AUGUST 4,2008 AT 10:00AM. (MAGISTRATE FEHR)

05/30/2008 COPY OF WARRANT TO 0.10 0.10PROSECUTOR'S OFFICE

05/30/2008 WARRANT ALONG WITH COPY OF 2.00 2.00INDICTMENT ISSUED TO SHERIFFOF MAHONING COUNTY

05/29/2008 REQUEST FOR ISSUANCE OF 0.00 0.00WARRANT UPON INDICTMENTFILED

05/29/2008 DIRECT PRESENTMENT, 25.00 25.00INDICTMENT FILED

` whlch had dwihdled to $3.14 by Novem= =tornmy Ixtfaratarib affr-eady ber 2003 and while Kafantaris was sus-pen'ded from his 1aw practice according, sclr^ômnrded fo.r disbarrnent t°tost^^nany ^1eKafantaris then re-dep°sited all or

By CkIRISat3PWJH jstSB`BY commenced Nov 3 before Jadge Timothy most of the missing money. DoTrlbs nWEntontaio Franken. By noon Nov 4, (Kafantaris) Already suspended otice from his law . BrE

WARREN -. The Trumbail County had managed to be found in coritempt of practiee,for'six months in 2003, Kafan- $u$ar x\ssnclatihn asked the Ohio court and fined $250 fvr his`tt'ial coflduct taris also faces a complaint arising from rrEvUpcetiaet'oiTrt=tb iminediately suspend (smproperly questionirig witnesses, at- a diVorce case...tlre• 3aw license df".attoi'ney George tempting.to.use inadmissible evidence In that complaint, Kafantaris is ac-KBfa.ntaris and lying tothe court as tc-the use of cused of retaining $48,900 of a client's

tri;^'mDiioYi for whnt^s c^lled an inter- certain evidence); to be removed by $80,000 divorce settlement and doling iaim ren{ed^d ^ttsêhefrin, the bar attor- +Judge Franken;as (defendant'sj atto`rney out only smali amoi^nts of money be- Fa

e ca%tse he belieVk d she uvasa drugn^ lty, ^ndg, ttdltfff,safd«Ifafantaris:has for aotfng incompetently in his repr addict- Y7nthûmTilêy on hercotliTnitted turtlfer dfelg#Y1Sns of riill;s sentation of (defendant), and caused andWOn1d spend a1T tra

antl °onYluct and `'poses substaiitial Jfzdge Franken Yo declare a mistrial. The adiifction. mithfâtqfs etxou$:harnltothêfpublic ;" judge'Xhen alipointed new counsel and, iMeanwhile, Ka•ffintdris alstr.is await-

TtudYdf^ sald t^^ reqUe, 'was made set"anewtrialdate:" n-g: a decision irbm the 7th 17istrict oiSinee Zâ^ tarfs' as publiC^ nteimed he Rudloff indluded transcripts fYom the Court of'Appeais on cantemptt.of court

^ A. y °lta,rges and a aii sentence x Sed on splhniet^c}'s ^q Gdn$e a recommetidation trial in his ma.tion. a ^ mf^ ^ So nf Co^'mtssi^5ners on The reeommendation'last month to himPleas by Colu

Judge:CiiYbfana Coun(y Cotninon °n

Griel!^7itdgs plfrl:.^^se pYine •td, perma- distiar Kafantaris also steins froina bar ,• Ashley is11^r^'xite ;sen-nent3y;4tYsbk^tIidldcallawyeT complaint t$at iticludes a report of a re- ,tenCed the lawysr to 20 days in j` and

T{aF&YLtari9" on Wedrieaday claimed cent indictment against the lawyer, KpTantaris:was given a Stdy êhd^g the wh1ûldltfE^ ^nsYc^j c¢pkt ing ît11 proseeu- According to the disciplinary cotti a??peilate deo#siait

et6t ntbts'to,^t.3lifndCom his'p'ractrce plaint, Kafantaris was hired.tahelis ad •Ra arttaras the,cont ld jurotrs hfe ha^ new eveS " als`` s.2state vyhile also rep . and ilt3 ason«that•if I didn't ap minntor a,Widqyvx

ârsSiet7t ^^ wo^zld redf^ce rp+3erlKing h^r`•gbr` }njuries.she sustafned d°nêtn the cas$ as the 3uVytivasreturn pa,j^@^ .or Kafa(n in d`car cia$h id: June of d958• The ing *ith a guilfy verdict agalhst Kafan .li#n^« oh^Y e tg d'mis^ '„^ talierit, Andrew Trv71n, 28^ Who was 11 buher taristar 3^. re^nrNitih his `^#en#ibna tp u"qân died itt 8e ternber 2002 and" eonvieted of murder in Columbiana doRê#] attqn cleughta t Yured afantarzs to handle

"Hafantarit license was wspended •s'^^^ ^ t ^thaâ if^ tbld { ate Ga rf osTkâ^^^Y is A eY^bnth later, iâfantaris negotzated' Ôm lvtay, 18 to Dec 12'of `2003 after alY@ sui^Yfti¢^S e^tt#uaTly d B ', ê` tt^t^ty#&ii d^ YShpkplhery d$^5;h00 seftletirent in-the dead wotnan`s gat^dns surfuced floJn :a ^m@r °fficesues ,

Iy,WH....e1tèp aeiitirl......a ison aesused" Gar câ"ah cptsexîtl faiied"to tell the in- employee who alleged. sexual battery soiand harassnierit in a ciuS1 Nawsuitt jlce drnr1^ 1 ri di th ii th dtlf T Î n' M0^Ca c y e; ea , aCCOr -ape ^ h ing s pas ^1dn n ivlaho8 .

'butity dHimor! 1^ô a ô , ing to the cqtnpl8lnt. Kafantarig deposit- tiobtiy*tribfqdey com au^H3s?,t^df#enaata^s. "T iejurytrial ed the dherik'mto his trust aecqunt, toP

AMta . - _. 7 _ _ - - y 'i !

EXHIBIT lib`k

Sqpreme Court.suspends-attorneyBy CHRISTOPHER BOBBY Tribune Chronicle

FOSTED: Navember27, 2008

WARREN - Once found In contempt by a Columbiana County Judge hearing a murder trial and morerecently aMahoning County judge presiding over a rape case, local attorney George Kafantaris wassuspentledfrom practlcing law Wednesday by the Ohio Supreme Court.

An interim remedial suspension - sought earlier this month by the Trumbull County Bar Association -states the 55-year-old lawyer Is "forbidden to counsel or advlse, or prepare legal Instruments for othersor in any manner perform legal servlces for others."

"I'm not blaming anybody but myself;" Kafantaris said Tuesday.

He said the order forces him to refer ongoing cases to his sister, attorney Irene Makrldls, or his sons,Mark, who practices law In Columbus, and Theo, an attorney with a patent offlce outside of Washington,D.C.

"It's not fair," Kafantaris said, referring to another problem - a criminal indlctment in Trumbull County inwhich he Is accused of taking money from a cllent.

He said he should be allowed to practice at least until and if he is convicted. He said It's different thanbeing c'onvlcted and practicing while appealing a conviction.

The local bar meanwhlle is seeking a permanent disbarment for the lawyer and the Board ofCommissloners on Grievances and Dlsclpllne has recommended the same to the Ohio Supreme Court.Kafantaris said he Intends to challenge the recommendation.

The bar claims Kafantaris acted improperly while representing an accused rapist In Mahoning CountyCommon Pleas Court earller this month,

'The jury trial commencetl Nov. 3 before Judge Timothy Franken. By noon Nov. 4, (Kafantaris) hadmanaged: to be found in contempt of court and fined $250 for his trial conduct (Improperly questloningwltnesses, attempting to use Inadmisslble evidence and lying to the court as to the use of certainevidence); to be removed by Judge Franken as (defendant's) attorney for acting Incompetently In hisrepresentatlon of (defendant); and caused Judge Franken to declare a mistrial. The judge then appointednew counsel and set a new trial date," the motion states.

According to the dlsciplinary complaint, In Trumbull County Kafantaris was hired to help administer awidow's estate while also representing her for Injuries she sustained In a car crash In June of 1998. Thewomamdled In September 2002 and her daughter hired Kafantarls to handle that estate.

A month later, Kafantaris negotiated a $25,000 settlement In the dead woman's car crash case and failedto tell the Insurance company of the death, according to the complalnt. Kafantarls deposited the checkinto his trust account, whlch had dwindled to $3.14 by November 2003 and while Kafantarls wassuspended from his law practice, acaording to testimony.

Kafantaris then re-deposited all or most of the missing money.

He also faces a rqmplaint arising from a divorce case.

tn that complaint, Kafantarls Is accused of retaining $48,900 of a client's $80,000 divorce settlement anddoling out only small amounts of money because he believed she was a drug addict and would spend allthe money on her addlction.

Meanwhile, Kafantaris also Is awalting a decision from the 7th District Court of Appeals on contempt ofcourt charges and a jall sentence imposed on him by Columbiana County Common Pleas Judge C. AshleyPike. Pike sentenced the lawyer to 20 days In jall and Kafantaris was given a stay pending the appellatedecision.

One of the contempt charges states Kafantaris told jurors he had new evidence In the case as the jurywas returning with a guilty verdict against Kafantarls' client, Andrew Irwin, 26 who was convicted ofmurder in Calumblana.

Kafantarls' license was suspended from May 16 to Dec. 12 of 2003 after allegations surfaced from aformer office employee who alleged sexual battery and harassment In a civil lawsuit.

[email protected]

S b^ rlby^e t^ T^ buCtlronicle I TrlbTOdav com

199`r t(C(t

of 2

George Kafantaris

From: "Mark Kafantaris" <[email protected]>To: <[email protected]>Cc: <[email protected]>Sent: Friday, November 28, 2008 12:02Subject: Fw: Trumbiall County Bar Association v George N. Kafantaris

John,

Here is the e-mail we received from Randy today. I would like to hear your thoughts withrespect to any ethical violations on his part.

Thanks.

Mark

-----Forwarded Message----->From: Randil J Rudloff <[email protected]>>Sent: Nov 28, 2008 12:04 PM>To: Mark G Kafantaris <[email protected]>>Cc: Curtis J Ambrosy <[email protected]>>Subject: Trumbull County Bar Association v George N. Kafantaris>>Mark--> I write to ask you to prevail upon your father to immediately resign>from the practice of law "with discipline pending" so as to avoid further>stress and public humiliation for him and your family. As best as I can>determine there is not a single case in Ohio where the Ohio Supreme Court>has not permanently disbarred an attorney who has been suspended under an>Interim Remedial Suspension.>> It is inevitable that he will be permanently disbarred for all that>he has done, both in the charges that the Board has already ruled upon, as>well as the Irwin and Berendt cases. If nothing else, a resignation now may>be helpful in his pending criminal case in getting the charge reduced from a>felony to a misdemeanor and thereby he will probably avoid incarceration,>plus he will not have a felony on his record.>> I realize that this situation has been a terrible experience for>all of you and I truly wish that it had not happened, but it did, and our>Bar Association, as well as Curt and I, were put in the position of dealing>with it. Very early on Curt and I attempted to impress upon your father>the seriousness of all of this, the high probability of disbarment, and the>strong probability of criminal prosecution. Had he resigned then most if>not all of this could have been avoided. He was either unwilling or unable>to look at the situation from a realistic point of view and as a result we>are now at this point.

#ilBl'T II-1)012/26/2008

of 2

>> Your father has every right to pursue objections to the Board of>Commissioners Recommendation but nothing good can possibly come from it.>The record from the Board hearing absolutely supports the recommendation of>permanent disbarment. Does he want his name, your family name, to appear>in the Ohio Supreme Court reported cases, in detail as they always do, for>being suspended for lying under oath and later permanently disbarred for>lying, cheating and stealing? This can be avoided by his immediate>resignation.>>>Randil J. Rudloff, Esq.>Guarnieri & Secrest, P.L.L.>151 East Market Street>P.O. Box 4270>Warren, Ohio 44482>Phone: 330-393-1584>Fax: 330-395-3831>

Mark G. KafantarisKafantaris Law Offices625 City Park AvenueColumbus, Ohio 43206Telephone: 614.223.1444Facsimile: 614.221.3713www.kafantaris.com

E-mail message checked by Spyware Doctor (6.0.0.386)Database version: 5.11230hftp://www.pctools.com/en/spyware-doctor-antivirus/

12/26/2008

183 W. Market StreetWarren, Ohio 44483330-360-8200

December 1, 2008

Ohio Lawyers Assistance ProgramAttention: Megan Robertson1650 Lake Shore Drive, Suite 375Columbus, Ohio 43204-4991

Re: OLAP November's monitoring

Dear Megan,

Here is December's monitoring fee of $200, along with the Meeting Attendance Log.

Here is also Friday's email from Randil Rudloff that I forwarded it to Attorney Tom Carey,to whom I had also written on November 10, 2008.

DR 7-105 considers this sort of arm twisting a subversion of the judicial process as it detersanother from asserting his legal rights. It has to diminish confidence in our legal system, and mayeven impede the work of OLAP which would rather see us mend than give up.

Nonetheless, the two local bar lawyers were pressuring me to resign from the outset. At thefirst Panel hearing in April 10, 2008, they told my son Mark that I would be prosecuted for theWilliams matter -- the one that was fully investigated in 2004 after I returned the money, Theyagain told Mark the same thing at the last Panel hearing in May 30, 2008.

Three weeks later, Randy was bragging to Tom Wilson that I am about to be indicted.Shortly thereafter, I received grand jury subpoena from Chris Becker. When I asked him why, hesaid the bar (Randy) and the Judge (Swift) were pushing'it. Now Judge Swift is an honorable man,but we challenged him earlier this year after he knocked off $15,000 in fees. Last month the Courtof Appeals heard the case (07-TR-39) and we might make some law, but that is about it. It is likelythe heirs have spent the money long ago.

Anyway, I digress. I very much appreciated you being there. These are difficult times forme and my family.

Sincerely yours,

George Kafantaris

EnclosuresEXHIBIT "L „

STATE OF OHIO

)TRUR48ULL COUNTY )

IN THE COURT OF CO1+IldON PI+EAS

CASE NO.: 07-CR-545

JUDGE W. WYATT MCAAY

STATE OF OHIO

v

JAMES EDWARD GRAY

Plaintiff

Defendant

JOURNAL ENTRY

On October 8, 2008, defendant's sentencing hearing was held pursuant

to Ohio Revised Code Sections 2929.21 and 2929.22. Defense Attorney

Steven Bradley and Mark Marein and Prosecuting Attorney Christopher Becker

were pr®sent as was defendant who was afforded all rights pursuant to

Crim. R. 32. The Court has considered the record, oral statements, any

victim impact statement and pre-sentence report prepared, as well as the

principles and purposes of sentencing under Ohio Revised Code Section

2929.21 and has considered the criteria for imposing a sentence in Ohio

Revised Code Section 2929.22.

The Court finds that the defendant has been convicted of Cts. 1-4:

Petty Theft, a violation of Revised Code Section Cts. 1-4: 2913.02(A)(2) 6

(B)(1)(2), a misdemeanor of the Cts. 1-4; 1st degree.

Furthermore, the court advised the offender that if during the time

on Community Control he/ahe violates any law of any jurisdiction in the

United States; any rule of the Department of Community Control; or, any

condition of any sanction imposed upon him/her by the Court, the Court may

EXHtro"IT " F"

condition of any sanction imposed upon him/her by the Court, the Court may

impose a more restrictive sanction upon him/her and/or the Court may

impose incarceration of 6 months on each count to run concurrent with each

other and concurrent with case 07-CR-545.

It is therefore ordered that the defendant be sentenced to 2 years of

community control subject to the general rules of supervision of the Adult

Probation Department.

The Court further imposes specific sanctions and conditions as

follows:

1. Payment of court costs.

2. Restitution in the amount of $2,000.66 to the Trumbull County Clerk

of Courts in case 96-CV-2000 within 30 days and the balance of $9.33

within 60 days.

3. Restitution in the amount of $826.00 to Trumbull County ProbateCourt payable to the guardianship of Cody Armstrong in case 03GDP107Within 30 days and also $104.00 which 1s the remaining balance ofinvestigators fees in 03GDP107 also made payable to the guardianship

of Cody Armstrong within 30 days.

4. Serve six months electronically monitored house arrest with privileges

for work, legal or medical appointments only.

5. Surrender law license with the Supreme Ccunt of'pWMa

ori9inal6. $20.00 Monthly probation supervision fee.

Judge

r0ir^/a6Date

STATE OF OHIO ))

TRUMBULL COUNTY )

STATE OF OHIO

v

JAMES EDWARD GRAY

Plaintiff

Defendant

IN THE COURT OF CONMON PI,EAS

CASE NO.: 08-CR-73

r.>

JUDGE W. WYATT MCiCAY_ . c

JOURNAL ENTRY,- : - ,.oca

On October 8, 2008, defendant's sentencing hearing was held pursuant

to Ohio Revised Code Sections 2929.21 and 2929.22. Defense Attorney

Steven Bradley and Mark Marein and Prosecuting Attorney Christopher Becker

were present as was defendant who was afforded all rights pursuant to

Crim. R. 32. The Court has considered the record, oral statements, any

victim impact statement and pre-sentence report prepared, as well as the

principles and purposes of sentencing under Ohio Revised Code Section

2929.21 and has considered the criteria for imposing a sentence in Ohio

Revised Code Section 2929.22.

The Court finds that the defendant has been convicted of Ct 1: Petty

Theft, Ct. 2: Attempted Forgery, a violation of Revised Code Section Ct:

1: 2913.02(A)(2) & (B) (1) (2) , Ct. 2: 2913.31(A) (2) & (C) (1) (b) , a

misdemeanor of the 1: 1st, Ct. 2: lst degree.

Furthermore, the court advised the offender that if during the time

on Community Control he/she violates any law of any jurisdiction in the

United States; any rule of the Department of Community Control; or, any

impose a more restrictive sanction upon him/her and/or the Court may

impose incarceration of Counts. 1, 2 & 3: 6 months each to run consecutive

to each other and 6 months on Count 4 to run concurrent with Counts 1 , 2 &

3.

It is therefore ordered that the defendant be sentenced to 2 years of

community control subject to the general rules of supervision of the Adult

Probation Department.

The Court further imposes specific sanctions and conditions as

follows:

1. Payment of court costs.

2. Restitution in the amount of $2,000.66 to the Trumbull County Clerkof Courts in case 96-CV-2000 within 30 days and the balance of $9.33within 60 days.

3. Restitution in the amount of $826.00 to Trumbull County ProbateCourt payable to the guardianship of Cody Armstrong in case 03GDP107Within 30 days and also $104.00 which is the remaining balance ofiavestigators fees in 03GDP107 also made payable to the guardianship

of Cody Armstrong within 30 days.

4. Serve six months electronically monitored house arrest with privilegesfor work, legal or medical appointments only.

5. Surrender law license with the Supreme Count of Ohio.

6. $20.00 Monthly probation supervision fee.

^F^^.m

Judge

roh ►(e^Date

SUSPENSION, PURSUANT TO GOV. BAR R. V 5a(C)(1)in the supreme court of ohio trumbull county bar...

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