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Children deserve to be protected and safe

Magistrate Bryan Elliott Allowed Unethical Conduct in his Courtroom

 

In the middle of the hearing Attorney Joseph Nigh placed Magistrate Elliott's name on a false bar complaint against Florida Attorney Ali Shakoor. He contaminated the entire proceedings, because then it was RIGGED.

Magistrate Bryan Elliott is unfit to be a magistrate and he should never become a Franklin County Domestic Court judge.  He facilitated a climate of corruption. He allowed Attorney Joseph Nigh to be unethical and to fabricate the record in a custody case involving allegations of sexual abuse and neglect. Fortunately, Joseph Nigh lost his case to a pro se mother with a law degree.  But, you should know how and why it happened and how to protect your child from bias and corruption.  

We have shared information, transcripts and court files with several attorneys in Ohio and Florida and they agree that what happened to our family and a little girl is a disgrace to the legal profession.    

It is the conclusion of many legal experts that protecting Franklin County Public Defender Edward Gemmer has not been worth anyone's hard earned legal reputation. From the outset he has proven himself to be a total liability to his child, his parents, his workplace, his attorneys and to courthouse officials.  This father has had two investigations for "grey-area" sexual abuse that could have been prevented had he simply stopped his inappropriate behavior.  The record will also show that during this time period, two computers in Edward Gemmer's possession were removed from his apartment and workplace.  According to a 2012 letter from his boss, Yeura Venters, head public defender there was a "virus" in Edward Gemmer's work computer.  However, according to the IP address on the stolen email communications, Gemmer was using his work computer when he illegally accessed and downloaded my granddaughter's email communications.  This is illegal. This father was viewing everything that was reported to children services, the child's therapist, the Columbus Police Department, and the mother's private family email communications.  He read attorney/client priviledge information.  Gemmer was spying while at the same time the child was complaining about forced showering and inappropriate touching. Why didn't Gemmer just stop his behavior?  This father has had therapy and family mediation, but he continually lied under oath and this concerns me greatly.  He lied before Magistrate Elliot and he lied before Judge Lias who eventually found him in contempt of court on July 14, 2014.  Gemmer does not respect the courtroom or his workplace.  He does not respect little girls and is not setting "setting appropriate boundaries" of which even Judge Lias commented upon several times.  Magistrate Elliott never said anything negative against this father who works in the courthouse and one behaving sexually inappropriate. Edward Gemmer plead the FIFTH repeatedly when he testified before Bryan Elliott and this was never mentioned by this magistrate.    

Edward Gemmer will continue to lie under oath and plead the FIFTH repeatedly. He is a Franklin County Public Defender and a disgrace to the legal field.  

Edward Gemmer signed an incriminating Shared Parenting Plan prohibiting the vary issues that had been brought against him.          

While it is obvious why "visiting" Judge Kay Lias with nearly 30 years on the bench in the same courthouse should have recused along with the other judges from hearing 09-DR-4727, the primary reason the case was a travesty is because she assigned Magistrate Bryan Elliott to preside over many of the hearings including the 2011 Emergency Custody Hearings.  Judge Lias had to clean-up his mess.  She assigned Bryan Elliott to a highly contention divorce/custody case, and at the time Elliot had less that 1-year of experience as a magistrate and had just literally left his "peers."  This is a serious conflict of interest. He did not know what he was doing and was politically influenced. 

Elliott consistently appeared more concerned about doing favors and impressing Joseph Nigh and his law firm than he was in protecting my great granddaughter from "grey-area" sexual abuse. Joseph Nigh was making a lot of money off Edward Gemmer's family. The longer the case the more money Nigh made for his law firm. Gemmer, a Franklin County Public Defender works in the same courthouse and was accused of being sexually inappropriate while illegally spying in the mother's Gmail account during TWO sexual abuse investigations. This father had suddenly started showering with his daughter when she was 4-years old then escalated to inappropriate touching.  He knew everything the child was saying before being investigated. Elliott allowed stolen, tampered, inflammatory, and out of context email communications to be admitted into evidence. Edward Gemmer while on the stand repeatedly was pleading the Fifth. On the other hand, Magistrate Elliott disallowed authenticated email communications from the mother that proved her assertions.  This was clear bias and unethical.

The mother presented eight witnesses and Elliott either dismissed or was dishonest in how he characterized their testimony. The mother had to order transcripts from the hearings to prove that Magistrate Elliott was totally incompetent of the law and basic fairness. He allowed corruption in his courtroom and his "Temporary Orders" that lasted less than 3 months made no legal sense, except to be hurtful to the mother.  In his Order Elliott gave the mother the vast majority  parenting time but took away her child support and temporarily "legal" custody.  He also gave Edward Gemmer the authority to choose the child's therapist. It was DISGRACE. The mother  always had the majority parenting time.  Elliott knew from testimony that Edward Gemmer was an unfit father, a deadbeat, and neglectful in childcare and medical attention. The record will show that the morning after the first night alone with Edward Gemmer, and after 9 months of the mother withhold custody as she waited for court to order therapy for Edward Gemmer and supervised visits, the child came home with a strep A infection on her vagina. The child stated that she slept in her father's bed.  It was outrageous.  The "Temporary Orders" created a fire-storm as complaint letters flooded the courts and transcripts were ordered. Judge Lias had to take over and settle the case. This is when Edward Gemmer signed an incriminating Shared Parenting Plan.  However, this father does not financially provide for his daughter.  She left him a DEAD-BEAT dad.  All of this is well-documented and is a problem today.  It is a farce and corruption that Gemmer had a very brief stint at "temporary" full-legal custody when Magistrate Elliott courtroom was controlled by Joseph Nigh and Mary Beth Kelleher Fisher.  DO NOT allow this to happen to your child.  

Dawn Gross testified that the mother's concerns were "geniune" and this statement was not in the Magistrate Elliott's Temporary Orders.  She was also impeached by her own therapy notes and this was not mentioned in the Order.  After making repeated calls to children services Dawn Gross caused the 2nd sexual abuse investigation of Edward Gemmer and this fact was not mentioned in the Order.  

In less than three months and at the final settlement on Friday, February 24, 2012 before Judge Kay Lias, Edward Gemmer ended up signing an incriminating Shared Parenting Plan. Both parents have legal custody and the mother maintained the majority parenting time.  

 

with the minor child.
b. During each party's parenting time, the minor child shall be responsible for bathing
herself and administering any topical medications as physically practical to herself.
c. Each party shall provide the minor child with her own bed in their respective residences.

On July 14, 2014, Edward Gemmer was found in Contempt of Court by Judge Lias for violating the Shared Parenting Plan.  Despite court ordered mediation before and after the final settlement, Edward Gemmer lied in court under oath. He showed no respect for the court order and none at all for Judge Kay Lias.  (See Contempt - Edward Gemmer for more details.) 

FALSE EVIDENCE - Joseph Nigh in Magistrate Elliott's Courtroom  

During the 2011 ECO hearings Attorney Joseph Nigh blatantly fabricated the record when questioning his sole witness the child's therapist Dawn Gross.  It is important for citizens to understand that Magistrate Elliott allowed Joseph Nigh to get away with it in open court. The corruption is astounding and can be demonstrated by the transcripts.  Elliott had a copy of every motion filed so he should have been plainly aware that Joseph Nigh was fabricating the record and quoting from an imaginary pleading. When my granddaughter, a pro se mother with a law degree objected during the questioning, Elliott overruled her objection and allowed Joseph Nigh to continue with the patently false questioning.  This shows two things:  Joseph Nigh showed no respect for ethics in Elliott's courtroom, and Magistrate Elliott was complicit in allowing Joseph Nigh to fabricate the record, and all was in an effort to protect Edward Gemmer.  Then Elliott relied on the "expert's" testimony who was also impeached with her own therapy notes. The therapist also "deleted" all email communications between Nigh, Gemmer and Fisher when the case was going to final trial before Judge Lias.  

Dawn Gross testified that she received copies of guardian ad litem Mary Beth Kelleher's interim reports before her "testimony" which is a blatant violation of GAL Rule 48.  This is witness tampering and both of  Fisher GAL reports were fabricated. Dawn Gross was the one who caused the 2nd sexual abuse investigation of Edward Gemmer when she made repeated calls to Franklin and Fairfield County Children Services.  Elliot heard this testimony and did not put it in his order.  He heard Dawn Gross therapist testify that she advised Edward Gemmer to allow the child to bath herself.   Click on tab - Joseph Nigh's False Evidence.

What Magistrate Elliott and Joseph Nigh did not expect was for this family to expose their conduct to others.  If Magistrate Elliot is assigned to your divorce/custody case insist on having your case assigned to another magistrate.  You will be glad that you did and your child will be safer and you will save a lot of money.  Judge Kay Lias had to clean up Elliott's mess and force a fair settlement of the case when transcripts were being ordered and complaints letters from citizens who viewed his corrupt proceedings. 

CORRUPT - GAL  Mary Beth Kelleher Fisher in Magistrate Elliott's Courtroom

Magistrate Bryan Elliott allowed guardian ad litem Fisher and Edward Gemmer to consistently lie, and PLEAD THE 5TH during their testimony. Elliott never once commented on this behavior in his Order, which he had a duty to do in regards to a civil proceeding. Additionally, during motion hearings to remove corrupt Gal Fisher who constantly pled the Fifth, Elliott limited record in order to protect this woman. We have the transcripts to support this statement.  Many families have filed complaints against GAL Fisher.  On November 15, 2013 every judge in the courthouse recused from sitting on a case where Mary Beth Kelleher Fisher was the GAL. The case was not so complicated that a sitting judge could not have resolved the matter and at the time Fisher was also receiving too many complaints. It is a fact that this woman is corrupt to the core and she provides phony bills that she cannot support with evidence and inaccordanct to Rule 48 standards.  There has been no accountability and Mary Beth Kelleher Fisher should not be a guardian ad litem for any child.  Based on our experience and other children and parents who have suffered because of her lies, if Magistrate Elliot appoints Fisher to your case whatever you prove against this woman maybe completely ignored by him, and this is not in the best interest of your child.  

  (For more information about Attorney/GAL Mary Beth Kelleher Fisher please click on the tab - Rogue guardian ad litem.) 

Transcripts from December 15, 2011 where Judge Kay Lias implied that perhaps Elliott's Order "lacked balance," "it could be changed," and "it was just a piece of paper."  

Magistrate Elliott sat over a sham hearing and by not upholding ethical standards, he allowed Joseph Nigh to fabricate the record in a custody case regarding allegations of sexual abuse. We urge citizens to be vigilant when encountering this type of corruption, which prioritizes the protection of colleagues and the prospect of future political endorsements over protecting the well-being of children. 

Joseph Nigh was very comfortable putting his reputation on the line, by putting forth a fabricated record in Elliott's courtroom. And, guardian ad litem Mary Beth Kelleher Fisher was comfortable writing TWO false GAL reports in Magistrate Elliott's courtroom where Rule 48 meant absolutely nothing. He should have removed this GAL from the case and protected the child's rights.  

Judge Lias is on the record screaming at Fisher regarding some of the false statements she was making, while Elliott did exactly the opposite.  Feel free to do an independent research of Franklin County case 09-DR-4727.

If Edward Gemmer was innocent there would have been no need for all the lies and corruption in courtroom. There would have been no need to fabricate evidence or to write false GAL reports.     

Ohio magistrates and judges have the power to protect Ohio's children from corruption and the lack of ethics in the courtroom.