TWDC EXEC. DIR. GARLAND APPEARS BEFORE TWDC BOARD MEMBER/TREAS. MAG/JUDGE LYNN MURRAY FOR SENTENCING

Submitted by jerleen1 on Tue, 02/01/2011 - 09:24.

05/13/2010 FINE AND/OR COURT COSTS HAVE BEEN PAID $195 0.00 0.00  
05/13/2010 FINE AND COST SHEET GIVEN TO DEFENDANT FINE AND COSTS - BALANCE DUE Sent on: 05/13/2010 14:30:30 FINE AND COSTS - BALANCE DUE
Sent on: 05/13/2010 14:30:30" />
0.00 0.00  
05/13/2010 THE DEFENDANT HAS PROVIDED PROOF OF COMPLIANCE WITH OHIO'S FINANCIAL RESPONSIBILITY LAW. 0.00 0.00  
05/13/2010 SUMMARY OF COURT ACTIONS: Charges: Party Name: GARLAND, CHRISTOPHER E - DEFENDANT Charge Number: 1 Action Code: OPER OF VEH AT STOP SIGN Charge Dscr: Degree of Offense: Minor Misdemeanor Indicted Charge: Amended Charge: UNSAFE VEH;BUMPERS & HEIGHT Amended DGOF: Minor Misdemeanor Action Change Date: # of Counts: Speed Limit: Speed: Payable: Yes ITN #: Plea Code: No Contest Plea Date: 05/13/2010 Decision Code: GUILTY Decision Date: 05/13/2010 Dispositions: Code: FOUND GUILTY Date: 05/13/2010 Party Charge Comments: Sentencing: Fine: 55.00 Costs Amt: Costs Incl: No Traffic Points: 0 Ins Proof: Req. Drivers Ed.: No Driving School: DUI School: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Modification Start: Modification End: Narrative Code: Jail: Days in Jail: Start Date: End Date: House Arrest Days: Days Served: Credit Days: Probation: Type: Days: Start Date: End Date: Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Restriction Text: Party Name: GARLAND, CHRISTOPHER E - DEFENDANT Charge Number: 2 Action Code: DRIVER SEAT REQUIRED Charge Dscr: Degree of Offense: Minor Misdemeanor Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Payable: Yes ITN #: Plea Code: No Contest Plea Date: 05/13/2010 Decision Code: NOLLE Decision Date: 05/13/2010 Dispositions: Code: NOLLE Date: 05/13/2010 Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Traffic Points: Ins Proof: Req. Drivers Ed.: No Driving School: DUI School: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Modification Start: Modification End: Narrative Code: Jail: Days in Jail: Start Date: End Date: House Arrest Days: Days Served: Credit Days: Probation: Type: Days: Start Date: End Date: Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Restriction Text: Monies Dismissed: $30 The following event: TRAFFIC ARRAIGNMENT (AFTERNOON) scheduled for 05/13/2010 at 1:30 pm has been resulted as follows: Result: GUILTY / NO CONTEST TO ORIGINAL CHARGE(S) Charges:
Party Name: GARLAND, CHRISTOPHER E - DEFENDANT Charge Number: 1
Action Code: OPER OF VEH AT STOP SIGN
Charge Dscr:
Degree of Offense: Minor Misdemeanor
Indicted Charge:
Amended Charge: UNSAFE VEH;BUMPERS & HEIGHT
Amended DGOF: Minor Misdemeanor
Action Change Date: # of Counts:
Speed Limit: Speed:
Payable: Yes ITN #:
Plea Code: No Contest Plea Date: 05/13/2010
Decision Code: GUILTY Decision Date: 05/13/2010
Dispositions:
Code: FOUND GUILTY Date: 05/13/2010
Party Charge Comments:
Sentencing:
Fine: 55.00 Costs Amt: Costs Incl: No
Traffic Points: 0 Ins Proof: Req. Drivers Ed.: No
Driving School:
DUI School:
Lic. Susp. Days: Susp. Start Date: Susp. End Date:
Modification Start: Modification End:
Narrative Code:
Jail:
Days in Jail: Start Date: End Date:
House Arrest Days: Days Served:
Credit Days:
Probation:
Type: Days:
Start Date: End Date:
Suspend:
Fine: Costs Amt: Lic Suspend Days:
Days in Jail: Jail Time:
Restriction Text:
Party Name: GARLAND, CHRISTOPHER E - DEFENDANT Charge Number: 2
Action Code: DRIVER SEAT REQUIRED
Charge Dscr:
Degree of Offense: Minor Misdemeanor
Indicted Charge:
Amended Charge:
Amended DGOF:
Action Change Date: # of Counts:
Speed Limit: Speed:
Payable: Yes ITN #:
Plea Code: No Contest Plea Date: 05/13/2010
Decision Code: NOLLE Decision Date: 05/13/2010
Dispositions:
Code: NOLLE Date: 05/13/2010
Party Charge Comments:
Sentencing:
Fine: Costs Amt: Costs Incl: No
Traffic Points: Ins Proof: Req. Drivers Ed.: No
Driving School:
DUI School:
Lic. Susp. Days: Susp. Start Date: Susp. End Date:
Modification Start: Modification End:
Narrative Code:
Jail:
Days in Jail: Start Date: End Date:
House Arrest Days: Days Served:
Credit Days:
Probation:
Type: Days:
Start Date: End Date:
Suspend:
Fine: Costs Amt: Lic Suspend Days:
Days in Jail: Jail Time:
Restriction Text:
Monies Dismissed: $30
The following event: TRAFFIC ARRAIGNMENT (AFTERNOON) scheduled for 05/13/2010 at 1:30 pm has been resulted as follows:
Result: GUILTY / NO CONTEST TO ORIGINAL CHARGE(S)
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05/13/2010 ON THE PROSECUTOR'S MOTION, THIS MATTER MARKED NOLLE PROSEQUI. DEFENDANT IS DISCHARGED ACCORDINGLY. Charge #2: DRIVER SEAT REQUIRED Charge #2: DRIVER SEAT REQUIRED" /> 0.00 0.00  
05/13/2010 THE PROSECUTOR'S MOTION TO AMEND THE COMPLAINT IS GRANTED. THE COMPLAINT IS AMENDED TO BE A VIOLATION OF 437.01 . 0.00 0.00  
05/11/2010 HEARING SCHEDULED: Event: TRAFFIC ARRAIGNMENT (AFTERNOON) Date: 05/13/2010 Time: 1:30 pm Judge: CRIMINAL, JUDGE/MAGISTRATE Location: 3RD FLOOR COURTROOM B Event: TRAFFIC ARRAIGNMENT (AFTERNOON)
Date: 05/13/2010 Time: 1:30 pm
Judge: CRIMINAL, JUDGE/MAGISTRATE Location: 3RD FLOOR COURTROOM B" />
0.00 0.00  
05/11/2010 BASIC COURT COSTS Charge #1: OPER OF VEH AT STOP SIGN Receipt: 55800 Date: 05/13/2010 Charge #1: OPER OF VEH AT STOP SIGN Receipt: 55800 Date: 05/13/2010" /> 140.00 0.00  
05/11/2010 FINE AMOUNT DUE Charge #2: DRIVER SEAT REQUIRED Charge #2: DRIVER SEAT REQUIRED" /> 30.00 0.00  
05/11/2010 COMPLAINT HAS BEEN RECEIVED AND IS HEREBY FILED Charge #2: DRIVER SEAT REQUIRED Charge #2: DRIVER SEAT REQUIRED" /> 0.00 0.00  
05/11/2010 BACK FILED IMAGES 0.00 0.00  
05/11/2010 FINE AMOUNT DUE Charge #1: OPER OF VEH AT STOP SIGN Receipt: 55800 Date: 05/13/2010 Charge #1: OPER OF VEH AT STOP SIGN Receipt: 55800 Date: 05/13/2010" /> 55.00 0.00  
05/11/2010 COMPLAINT HAS BEEN RECEIVED AND IS HEREBY FILED Charge #1: OPER OF VEH AT STOP SIGN Charge #1: OPER OF VEH AT STOP SIGN" /> 0.00 0.

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The posting of the events

The posting of the events and disposition of the traffic infraction received by Tremont West Development Executive Director Chris Garland may seem of no to minor  consequence, however, the disposition of the case was handled/heard by none other than TWDC's own long-time board member Lynn McLaughlin Murray.

At the time, City of Cleveland Municipal Court Judge Murray (appointed to the bench and sworn in on January 7, 2011) was a magistrate and, would one not conclude that she should have recused herself and/or assigned the case to someone else? - being that she is one of the TWDC Board members who sits in on the board and handles the financial reports, etc., as well as takes part in Garland's evaluations at the Executive Board level.

Again, small stuff but yet another link in the long chain of unethical behavior by TWDC staff and some of it's board members.   At least, Judge Earley had the decency to step aside from Sammy Catania's case on the basis of knowing one of the parties. 

 

 

2010 TRD 029098 STATE OF OHIO / CITY OF CLEVELAND -VS- GARLAND, CHRISTOPHER E ADMIN
 
Search Criteria
Event Code TRAFFIC ARRAIGNMENT (AFTERNOON)
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Begin Date
End Date
Search Results 1 Event(s) found for case.
Event Date Start End Judge Result
TRAFFIC ARRAIGNMENT (AFTERNOON) 05/13/2010 13:30 13:35 MCLAUGHLIN-MURRAY, LYNN GUILTY / NO CONTEST TO ORIGINAL CHARGE(S)
  12TH FLOOR COURTROOM D      

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nolle (dismissed) driver' s seat belt.

Nolle and amended both

 

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no points

 no points to report to bmv also

corrections

not trying to be a smart ass here, but as a practicing criminal defense attorney i can't help but set a couple of misinterpreted issues straight:

 1) it is the prosecutor's decision to amend the complaint, not the magistrate's.

2) the max fine on any minor misdemeanor traffic citation is $150 and no jail time. the prosecutor's decision to amend to a non-moving 'unsafe vehicle', by it's nature carries no points.

3) it is not only common practice in the city of cleveland for this offer to be extended when a defendant with little record pleads not guilty and sets a traffic matter for trial, but;....

4) the newest 'catch' is that a not guilty plea in courtroom 3-b, the traffic arraignment room, automatically gets you sent next door to immediately speak with a city of cleveland prosecutor to try and resolve the matter in this fashion, or one can maintain a not guilty plea and take your chances at a trial where cleveland officers fail to show up 50% of the time, resulting in a dismissal for want of prosecution. it should be noted that not all defendant's receive this courtesy, only those that the city deems worthy of  'break' due to lack of significant record. of course, ultimately it is all about the $$. this procedure prevents an officer from breaking up a shift and having to come to court to testify, or the city having to pay overtime and/or subpeona costs, and also the decreased caseload for an already overburdened system. (course, that's a whole other story). further, an amended charge results in revenue, as opposed to a dismissal if an officer fails to show. the real story here, and something i noticed the first time i participated in this dog and pony show, is that once word gets around the community, everybody is going to plead not guilty in 3-b, and at least take their chances next door, basically creating a whole other problem. anyhoo, i don't know this garland character at all, nor magistrate murray personally, just 'correcting the record' so to speak.

 

 

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if it was an original

if it was an original citation for unsafe, etc., it would be a waiverable offense. anything else requiring a reduction/plea agreement, would necessitate a court appearance.

legal advice

 clarification: so you are saying, that since the prosecutor made the recommendations, and the magistrate gave the max sentence, this is ethical? (even though the magistrate is a member of the same organization?) also, are you doing a criminal version of ambulance chasing on realneo? (:   if so, you could read some of these blogs and get advance notice of possible need for criminal representation, especially if you do federal cases. (contact plymouth park tax services, because when i complete my research/work,  those predatory creeps will need an attorney on a federal level in the near future).

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TWDC

 T=thoroughly

w=wrong

d=direction

c=consistently

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 e

connections

generally, it's usually all about who and what you know, and most importantly, what what ya got! ($) ...especially in cuyahoga county.

response

as to the potential conflict of magistrate murray, it barely reaches a close call. were talking about a minor misdemeanor traffic citation where she imposed the max sentence on the prosecutor's motion to amend. she did what any other magistrate on the matter would have done. i suppose one could argue that any judicial officer should avoid even the 'appearance of impropriety' and withdraw in an abundance of caution.

I wouldn't say that - Ohio's Code of Judicial Conduct would...

but I think what may be more of an issue here is that this is the same 'ole same 'ole of TWDC...

Along those lines - I was just talking with someone yesterday about Giancarlos (Dante's, Piccadilly's etal) and that is a perfect example. Two questions -

I understand our tax dollars go to TWDC to encourage growth and prosperity. But, why give the money to someone who is already loaded? Why not give it to an up and coming, promising entrepreneur who has promise and commitment but doesn't have sufficient funds. You can't tell me there isn't plenty of those to be found.

And why would Giancarlos take public assistance? Has he no scruples?

I know the answer - it's the same 'ole same 'ole of TWDC... but thats the point and you think by now they would start crossing their T's.

 

and thank you for such civil discourse, it is refreshing!

civil discourse

i agree that a 'civil discourse' can lead to empathy and understanding, as well as bringing important social issues to the forefront, and hopefully solving some of those issues, or at least an understanding of other points of view. while most of us on realneo share similar interests, we are not always going to agree, and no one should feel afraid to voice different or contradictory opinions, so long as they are not done with malintent, or in a derogatory manner. of course, that should should not include the occasional troll that unfortunately infest this site for no other purpose then to incite and inflame.

Removing any doubt of

Removing any doubt of impropriety?

Clearly, there may or may not have been any improprities, the act is questionable at best.  Judge Murray has been a TWDC Board member for years.  As a matter of fact she was a member off the board and weighed in on the hiring of Executive Director  Garland.

These just happen to be reasonable questions to be ask by those not on the inside.

1.  Being that she knows Garland personally and professionally:  Is  she a member of the same board that not only evaluates the Executive Director's job performance but takes part in determining whether or not his job performance should be rewarded by an increase in salary, how much and bonus, if any?  Is Garland's salary funded by the money allocated by the councilman (City of Cleveland)? 

2.  When Board President Sammy Catania re-convened the TWDC Housing Committee, was Judge Murray one of the twenty (20) elite residents present who voted in common and backed Councilman Joe Cimperman to demolish Frank Giglio's house on West 14th?  By the way the vote was unanimous.

3.  Did City of Cleveland Municipal Court Magistrate (Judge) Murray have any input or influence in the outcome and disposition of TWDC Staff member Sammy Catania's assault case against Guy Black?  (A Cleveland Municipal Court Case).

4.  Was the infraction(s) issued to Garland waivable, and if so, did he get a better/cheaper deal by taking his cse in front of someone he knew?