Copying the notes from the text loses the numbering. However, it preserves the links and should be usable if the reader first finds the endnote at the back of the printed book to get the detail of the note.
[1] [Cesare] Beccaria, Des délits et des peines. Paris :
Guillaumin et Cie, Libraires, 1870. Second Edition, available via Google Scholar. See
pages 16 and 41 in the book’s Introduction by Faustin Hélie.
[1] Sam Sheppard was a
Cleveland-area physician who was convicted of murdering his wife in 1954. The
US Supreme Court overturned the conviction because of the effects of media
bias. The television series The Fugitive
was loosely based on the Sheppard story.
[1] An experienced litigator at a major law firm took
exception to the idea that a civil court judge would necessarily have read
everything. His experience is that some judges are fairly casual with written
submissions and suggested describing this level of diligence as “aspirational.”
[1]
Sources report that
there were actually more than 200 such boxes used in the trial.
[1]
Complete Application for Clemency, Petiniot Letter to the Governor of Ohio,
August 11, 2008, p 2. https://drive.google.com/open?id=0B9Sf_NQ6t8KJMFNlVDJfdDI1REU
[1]
Complete Application for Clemency.
[1]
Tina Rosenberg. Join the Club. New York, W.W. Norton
& Company, 2012.
[1]
Rosenberg, Join the Club, p. 32.
[1]
Editorial Board,
“Bennett’s Specious Claim. The Blade,
June 19, 2006. http://www.toledoblade.com/Editorials/2006/06/19/Bennett-s-specious-claim.html
[1]
James Drew and Steve
Eder, “Noe Says Ohio Rare-Coin Funds Made $11M; State Questions Claim.” The Blade, December 22, 2005. http://www.toledoblade.com/State/2005/12/22/Noe-says-Ohio-rare-coin-funds-made-11M-state-questions-claim.html
[1]
Jim Provance “Judge Removed
From Ex-Lawmaker’s Appeal Justice Cites Appearance Of Conflict.” The Blade, April 29, 2017. http://www.toledoblade.com/Courts/2017/04/29/Judge-removed-from-ex-lawmaker-s-appeal.html Note that in the Knaus case
the local prosecutor did recuse himself.
[1]
Blade Staff, “Why
O’Connor Was Right.” The Blade, May
15, 2017. http://www.toledoblade.com/Editorials/2017/05/15/Toledo-Blade-editorial-Why-O-Connor-was-right.html
[1] Transcripts, 10/11/2006, p. 272.
[1]
To illustrate what
happened in the automobile industry, the international consulting firm McKinsey
reports that the hours of labor required to assemble a vehicle at Chrysler, the
principal employer in Toledo, fell from about 52 to only about 30 from 1979 to
2002. Most of this change, according to McKinsey, was the result of the
adoption of Japanese-style “lean production” techniques. McKinsey&Co, Increasing Global Competition and Labor
Productivity: Lessons from the US Automotive Industry. November 2005. file:///Users/garrisonwalters/Downloads/MGI_Lessons_from_auto_industry_full%20report.pdf, p. 13.
[1]
This text is extracted
from messages sent by Noe to the author.
[1]
George Gurley “Allan Block Is Worth More Than $100 Million and He’s Seeking a Wife in
New York.” Observer, August 2, 1999. http://observer.com/1999/08/allan-block-is-worth-more-than-100-million-and-hes-seeking-a-wife-in-new-york/
[1]
The Blade did not endorse a candidate for
President in 2016, but coverage of Donald Trump was very favorable.
[1]
Dave Murray, “The Late Paul Mifsud is
Credited with Making the Skyway Reality.” The
Blade, June 17, 2007.
[1]
Blade Staff, “Blade Wins Pulitzer: Series Exposing Vietnam Atrocities
Earns Top Honor.” The Blade, April 6,
2004.
[1]
There have been
suggestions that both papers are unprofitable: “Allan Block talks of sale of both
papers and declines to say if either is profitable.” Joe Strupp, “Block Hints At Possible Sale of Toledo,
Pittsburgh Papers.” Editor &
Publisher, February 17, 2006. http://www.editorandpublisher.com/news/block-hints-at-possible-sale-of-toledo-pittsburgh-papers/
[1] Bob Fitrakis and Harvey
Wasserman, “Dramatic New Charges Deepen Link Between Ohio's ‘Coingate,’
Voinovich Mob Connections, and the Theft Of The 2004 Election.” Detroit Free
Press, July 29, 2005. Dramatic new charges deepen
link between Ohio's "Coingate," Voinovich mob connections, and the
theft of the 2004 election
[1] Fritz Wenzel, “Lucas County Elections Board Is Told To Resign; Blackwell Threatens
Firings If Necessary.” The Blade,
April 7, 2005. http://www.toledoblade.com/Politics/2005/04/07/Lucas-County-elections-board-is-told-to-resign-Blackwell-threatens-firings-if-necessary.html
April 7
[1]
Editorial Board, “A Petty Reaction” The Blade. November 3, 2004. http://www.toledoblade.com/Editorials/2004/11/03/A-petty-reaction.html
[1]
Transcripts, 11/2/06, p. 3587.
[1]
The most comprehensive
story is that from the Detroit Free Press,
cited above.
[1]
Explicitly stated
by Noe to OBWC auditor Keith Elliott. Transcripts, 10/19/06, p. 1760.
[1]
Mike Wilkinson
and James Drew, ‘Ohio Agency Sinks Millions Into Rare Coins” The Blade, April 3, 2005. http://www.toledoblade.com/frontpage/2005/04/03/Ohio-agency-sinks-millions-into-rare-coins.html
[1]
Erica Blake, “Ulmer
Given Ten Years Behind Bars.” The Blade,
3/25/2009. http://www.toledoblade.com/local/2009/03/25/Ulmer-given-10-years-behind-bars.html Note that Ulmer had no
ability to repay from other parts of his business but got out of jail after five
years.
[1]
Ohio Bureau of Workers
Compensation, “BWC’s Emerging, Minority Managers Continue Outstanding
Investment Performance.” OBWC, January 15, 2004. http://www.ohiobwc.com/home/current/releases/2004/011504.asp.
[1]
Transcripts, 6/14/06, pp. 18-23.
[1]
The author was
responsible for research and technology transfer programs at the Regents from
1985 to 2007. He can think of no occasion in which Regents authority extended
to faculty-run but legally separate businesses.
[1] Ohio History Connection, State Archives, Series 7005- Office of
the Governor, Box 57,725, folder 9.
[1]
LC Docs, Change of Venue, 5/19/2006; entry on 5/15/05 in the PDF, which is
organized chronologically. (“Lucas County Documents” cited after this as “LC Documents”.)
[1]
James Drew, “Noe Sent
Funds From State to Bankrupt Coin Associate. The Blade, May 22, 2005. http://www.toledoblade.com/frontpage/2005/05/22/Noe-sent-funds-from-state-to-bankrupt-coin-associate.html
[1]
Lucas County Documents, Motion to Suppress…Search Warrant, 6/12/2006, pp. 12-13.
[1]
Transcripts, 10/16/06, p. 971, p. 976. OIG
head Tom Charles and OBWC lead investigator Tom Wersell both testified in the
trial that they had no evidence of criminal activity when they started their investigations.
Charles said that he sought the search warrant because the Governor (in a press
release) had said, in effect, "To
get into the coin shop and get the coins."
[1]
Transcripts, 10/17/06, p. 1128.
[1]
Mike Wilkinson and
James Drew, “Ex-Coin Fund Associate Has Felony Record.” The Blade, April 22, 2005.
[1]
Mike Wilkinson, “Lucas
County Judge Keeps Most Noe Charges, Merges Others.” The Blade, August 23, 2006.
[1]
LC Documents, Findings of Fact. 8/22/06,
p.20.
[1]
Christopher D.
Kirkpatrick and Steve Eder, “Paper Trail Offers a Glimpse into Search's Timeline.”
The Blade, June 1, 2005. http://www.toledoblade.com/frontpage/2005/06/01/Paper-trail-offers-a-glimpse-into-search-s-timeline.html
[1]
The OBWC made a number
of other alternative investments at the same time it invested in CCF I in 1998.
One was in a hedge fund run by a firm called MDL. Beginning around 2004, MDL
made a series of very bad bets in the market, eventually losing nearly $215
million. But the problem wasn’t just losing money. Evidence emerged that MDL’s
CEO, Mark Lay, had misled OBWC about the high risk nature of the hedge fund and
had also regularly exceeded guidelines with respect to the amount of debt he
could assume in the fund’s name. It also emerged that MDL had inappropriate
links to OBWC: the daughter of a member of the Bureau’s oversight board was a
vice president at MDL, and it was widely alleged that Lay got special treatment
because of the relationship. Despite losing some 17 times more money than the
charges against Noe, Lay got a substantially lighter sentence (see Part IX).
See: 1) “Lay Gets 12 Years in BWC Scandal.” Columbus
Dispatch, July 8, 2008. http://www.dispatch.com/content/stories/local/2008/07/08/lay09_web.html
and 2) United States of America, Plaintiff-Appellee, v. Mark D. Lay,
Defendant-Appellant. No. 08-3892, Appeal from the United States District Court
for the Northern District of Ohio at Cleveland. No. 07-00339-001—David D. Dowd,
District Judge. Argued: April 27, 2010. Decided and Filed: July 14, 2010. http://www.opn.ca6.uscourts.gov/opinions.pdf/10a0201p-06.pdf
[1] For the official report of
Wilkinson’s words, see the affidavit of Kent M. Shmeall in LC Docs, Motion Opposing Defendant’s Motion In Limine Regarding Attorney
Statements, 9/29/2006,
pp. 14-16.
[1] LC Docs, 9/29/2006, Motion Opposing Defendant’s Motion In Limine Regarding
Attorney Statements, p. 6.
[1]
James Drew and Steve
Eder, Franklin County Prosecutor Faces Conflict Questions, The Blade, January 15, 2006. http://www.toledoblade.com/Politics/2006/01/15/Franklin-County-prosecutor-faces-conflict-questions.html
[1]
One of the aides,
Douglas Talbott, testified that he did not know about Noe’s deal with the OBWC
until many years after he had left the Governor’s Office. OEC, Report of Investigation, H. Douglas Talbott,
11/29/2005 p. 24.
[1] James Drew and Mike
Wilkinson, “Kidd's 'Wrong Choice' Led to Noe's Downfall.” The Blade, October. 8, 2006. http://www.toledoblade.com/frontpage/2006/10/08/Kidd-s-wrong-choice-led-to-Noe-s-downfall.html
[1]
“Tom Noe: Contrite to
a Point.” Columbus Dispatch, October
2, 2010. http://www.dispatch.com/content/stories/local/2010/02/28/tom-noe--contrite-to-a-point.html
[1]
Drew and Wilkinson,
“Kidd’s Wrong Choice…”
[1]
James Drew and Mike
Wilkinson, “Allegation Against Kidd Came Back to Bite Noes.” The Blade, October. 9, 2006. http://www.toledoblade.com/frontpage/2006/10/09/Allegation-against-Kidd-came-back-to-bite-Noes.html
[1]
Drew and Wilkinson,
“Allegation Against Kidd...”
[1]
Joshua Boak, “2 Sue Over Disclosure of Noe Book
Proposal.” The Blade, September 29,
2007. http://www.toledoblade.com/Politics/2007/09/29/2-sue-over-disclosure-of-Noe-book-proposal.html
[1]
James Drew and Mike Wilkinson, “Taft: Coin Deal a 'Bad Decision.” The Blade, May 28, 2005. http://www.toledoblade.com/State/2005/05/28/Taft-Coin-deal-a-bad-decision.html
[1]
Steve Eder, “Political Fur Flies Among
Officials.” The Blade, February 14,
2005. http://www.toledoblade.com/Politics/2006/02/14/Political-fur-flies-among-officials.html
[1]
Mike Wilkinson and James Drew, “Noe's Racketeering, Theft Trial to Begin Today.” The Blade, October 10, 2006. http://business.toledoblade.com/frontpage/2006/10/10/Noe-s-racketeering-theft-trial-to-begin-today.html
[1]
James Drew and Steve Eder, “Petro: Noe stole millions.” The Blade, July 22, 2005. http://www.toledoblade.com/State/2005/07/22/Petro-Noe-stole-millions.html
[1]
Both Petro and Bennett
later changed their minds and wrote letters in support of clemency for Noe. Ohio
Parole Board, Application for Executive Clemency. https://drive.google.com/open?id=0B9Sf_NQ6t8KJMFNlVDJfdDI1REU
[1]
Editorial Board,
“Liquidate in the Open,” The Blade,
May 26, 2005.
[1]
Jeff Starck, “Strong
Market Helps Ohio Recoup Funds Investments.” Coin World, October 16, 2006.
[1]
Mike Wilkinson and James Drew, “Ex-Coin Fund Associate Has Felony
Record,” The Blade, April 22, 2005. http://www.toledoblade.com/news/State/2005/04/22/Ex-coin-fund-associate-has-felony-record.html
[1]
Christopher D. Kirkpatrick,” Coin
Fund Profits for State Hinged on Graders' Opinions, The Blade, August 5, 2005. http://www.toledoblade.com/news/State/2005/04/22/Ex-coin-fund-associate-has-felony-record.html
[1]Christopher
D. Kirkpatrick, “State Experts Trace Origin Of Missing Gold coins,” The Toledo Blade, July 5, 2005
[1]
Steve Eder And James
Drew, “Coin, Cigars, Wine Seized in Colorado, Authorities Raid Home of Former
Noe Associate.” The Blade, June 7,
2005. http://www.toledoblade.com/State/2005/06/07/Coin-cigars-wine-seized-in-Colorado.html
[1]
Christopher D.
Kirkpatrick, “Colorado Man Traded Coins to Feed His Expensive Tastes.” The Blade, August 5, 2006. http://www.toledoblade.com/State/2005/08/05/Colorado-man-traded-coins-to-feed-his-expensive-tastes.html
[1] In the Court of Appeals of Lucas County, Ohio Sixth Appellate District,
C.A. No. L-06-1393, C.P. No. CR06-1348, p. 26. Appeals, p. 26.
[1]
Mike Wilkinson And
James Drew, “Letter claims Noe had link to bank in Caribbean.” The Blade, November 11, 2005. http://www.toledoblade.com/local/2005/11/11/Letter-claims-Noe-had-link-to-bank-in-Caribbean.html
[1]
James Drew and Steve
Eder, “Noe Says Ohio Rare-Coin Funds Made $11M; State Questions Claim.” The Blade, December 22, 2005. http://www.toledoblade.com/State/2005/12/22/Noe-says-Ohio-rare-coin-funds-made-11M-state-questions-claim.html
[1]
Drew and Eder, “Noe
Says Ohio…”
[1]
Drew and Eder, “Noe
Says Ohio…”
[1]
George Nelson, “Noe Attorney Argues Coin Fund Made Money for
BWC.” The Business Journal, December
21, 2005. http://archive.businessjournaldaily.com/content/noe-attorney-argues-coin-fund-made-money-bwc
[1]
The head of DSI,
William Brandt, sent a number of memos with attached “crib sheets”
(spreadsheets) describing expected coin fund recovery. A review of the
available versions of these shows that, even as early as June of 2005 (less
than a month after the seizure of assets), DSI was predicting around $48
million of recovery (including the prior profit distribution). Source: Ohio
History Connection, State Archives,
Series 6771, Box 57,499, Folder 17.
[1] Eric von Klinger, “Spectrum CEO Responds to Claims,” Coin World, December 19, 2005.
[1]
Editorial Staff, “No
News, Much Spin.” The Blade, December
26, 2005. http://www.toledoblade.com/Editorials/2005/12/26/No-news-much-spin.html
[1]
James Drew and Steve
Eder, “Noe Stole BWC Cash For Home, Petro Says Check Forgery and False Profits
Also Alleged.” The Blade, September
30, 2005. http://www.toledoblade.com/State/2005/09/30/Noe-stole-BWC-cash-for-home-Petro-says.html
[1]
Editorial Staff, “No
Deal,” The Blade, March 22, 2015. http://www.toledoblade.com/Featured-Editorial-Home/2015/03/22/No-deal.html
[1]
Jack Lessenberry, “When
Did Reporter Know of Noe Scandal?” The
Blade, October 16, 2005. http://www.toledoblade.com/JackLessenberry/2005/10/16/When-did-reporter-know-of-Noe-scandal.html
[1] Bill Frogameni, “Saving
Ohio.” Salon.com, October 6, 2005. http://www.salon.com/2005/10/06/ohio_32/
[1]
The same issue
surfaced in 2006 in the context of the Blade’s nomination for a Pulitzer. Dave
Murray, “Anonymous Letter to Pulitzer
Board Spurs Investigation by The Blade.”
The Blade, May 28, 2006.
[1]
Audit, p. 3.
[1]
WTOL
Staff, “Ohio Law Keeps Noe Coin Fund Files Secret.” March 13, 2006. http://www.wtol.com/Global/story.asp?S=4624753
[1]
The prosecution even
noted that the coin inventory in Colorado was about “a third off.” Transcripts, 10/16/06, p. 898.
[1]
Audit,
Page 43.
[1]
Transcripts, 11/03/06, p. 3883. Ms. Day must have been well aware of the
DVRC/Greenberg transaction since she spontaneously recalled that the $1.5
million was recorded as coin inventory.
[1]
A document from
Greenberg’s lawyer to the liquidator DSI, dated July of 2005, proposes (“in
accordance with our prior discussions”) that DVRC be allowed to repay its $1.85
million debt with about $800,000 upfront (in a period of three months) with the
balance of $1,045,482 paid in monthly amounts of $50,000 and a final
installment of $45,482 – with interest of 6% per year. No reply or agreement
can be found. Since this (apparent) agreement was well in advance of Crowe
Chizek’s audit, it may explain the reason for Crowe’s oblique reference to
Delaware Valley’s “inventory purchase.” Source: Ohio History Connection, Archives, Series 6771- Office of the
Governor, Box 57,499, Folder 17.
[1] Ohio History Connection, Archives, Series 6771- Office of the
Governor, Box 57,499, Folder 17.
[1] Ohio History Connection, Archives, Series 6771- Office of the
Governor, Box 57,499, Folder 17.
[1]
James Drew and Mike Wilkinson, “Gasper Pleads Guilty in 2 Courts.” The Blade, June 8, 2006. http://www.toledoblade.com/frontpage/2006/06/08/Gasper-pleads-guilty-in-2-courts.html
[1]
Steve Eder and Joshua
Boak, “Firm Fired After Losing $71 million from BWC,” The Blade, July 8, 2005.
[1]
Tom Troy, “Should Noe
Have Taken Deal?” The Blade, August
16, 2015. http://www.toledoblade.com/Courts/2015/08/16/Should-Noe-have-taken-deal.html
[1]
There are about 64,000 document pages in a
gigabyte. The cost of a GB on a hard drive today is about $0.03. Twelve years
ago, it was about 20x higher, but that’s still less than a dollar. http://www.mkomo.com/cost-per-gigabyte Maintenance of storage over
time is not much higher than the initial cost of the drive space and is also
falling fast.
[1]
Salon.com “Saving
Ohio” October 6, 2005.
[1]
LC
Documents, Affidavit of
Disqualification, 3/2/2006,.
[1]
Mike Wilkinson and James Drew, “Noe Wants 10 County Judges Off Coin Case.”
March 1, 2006. http://www.toledoblade.com/local/2006/03/01/Noe-wants-10-county-judges-off-coin-case.html
[1]
In Re Disqualification of Osowik Et Al. The State Of Ohio V. Noe. 2006-Ohio-7224
NO. 06-AP-019. 113 Ohio St.3d 1209 (2006) http://supremecourtofohio.gov/rod/docs/pdf/0/2006/2006-ohio-7224.pdf
[1]
In Re Disqualification of Osowik.
[1]
In Re Disqualification of Osowik.
[1] It’s also odd that Chief
Justice Moyer recused himself on a later case with a very tangential
relationship to Noe (public records), but felt able to rule in this one that
had a direct role in Noe’s fate.
[1]
Editorial Board,
“Bennett’s Specious Claim.” The Blade,
June 19, 2006. http://www.toledoblade.com/Editorials/2006/06/19/Bennett-s-specious-claim.html
[1]
Editorial Board,
“Zeroing in on the Conduits.” The Blade, January 11, 2006. See: LC Documents, “Thomas W. Noe’s Motion to
Change Venue,” 5/19/2006.
[1]
Mark Reiter, “Judge
Upholds Investigation Fee for Four Conduits.” The Blade, November 1, 2006. http://www.toledoblade.com/frontpage/2006/11/01/Judge-upholds-investigation-fee-for-4-conduits.html
[1]
LC Docs, “Memorandum in Support of Thomas W. Noe’s Motion to Change Venue,” 5-19-2006.
[1] Transcripts, 6/14/06, pp. 38-39.
[1] Transcripts, 6/14/06, p. 40.
[1] Transcripts, 6/14/06,., p. 43.
[1] Mark Niquette, “Noe Seeks
to Have State Trial Shifted.” Columbus
Dispatch. May 20, 2006.
[1]
Transcripts, 6/14/06,., p. 52.
[1]
LC Documents, Change of
Venue, 5/19/06, 3/17/06 ABC 13 Toledo. To find the article, it’s necessary to
scan through the PDF, which is organized chronologically.
[1]
LC Documents, Change of
Venue, 5/19/06, 3/29/2006 ABC 13 Toledo. To find the article, it’s necessary to
scan through the PDF, which is organized chronologically.
[1]
LC Documents, Motion For
Change of Venue Hearing/ Denied, 7/3/06.
[1] Transcripts, 6/14/06, pp 12-13.
[1] Transcripts, 6/14/06, p. 16.
[1] Transcripts, 6/14/06, p. 26. The Noes estimate that they eventually paid
Thompson Hine more than $2 million.
[1]
Steve Eder and Erica
Blake, “Judge Blocks Statements by Noe Lawyers; Audit OK.” The Blade, October 7, 2006.
[1]
LC Documents, Motion to Compel a More Specific Bill of Particulars, 4/28/06, p. 7.
[1]
LC Documents, More Specific Bill of Particulars, 4/28,/06, p 6.
[1] LC Documents, 8/22/06, p. 10.
[1] LC Documents, 8/22/06, p. 10.
[1]
LC Documents, Motion to Dismiss, 6/12/06, p. 5.
[1]
LC Documents, Motion to Dismiss, 6/12/06, p. 7.
[1]
LC Documents, 7/3/06.
[1]
Steve Eder And James
Drew, “Judge Tells Petro To Stop Misleading Public On Noe Ruling.” The Blade, September 23, 2005. http://www.toledoblade.com/frontpage/2005/09/23/Judge-tells-Petro-to-stop-misleading-public-on-Noe-ruling.html
[1]
James Drew and Mike
Wilkinson, “Noe Owes $13.5M to State, Audit Finds; Coin Funds Fueled Lavish
Lifestyle, Officials Say.” The Blade,
February 23, 2006.
[1] Jeff Starck, “Strong Market
Helps Ohio Recoup Funds Investments.” Coin
World, October 16, 2006.
[1]
It’s interesting that, when the Coin World reporter questioned Judge
Bodoh about the valuation for the October 16 story, he was referred to the
liquidator, DSI, which refused comment. But a month later the same firm
announced an overall profit. Did that much change in four weeks? Or did DSI
decide to help the prosecutors by keeping silent?
[1] Mike Wilkinson and James
Drew, “Noe's Racketeering, Theft Trial to Begin Today.” The Blade, October 10, 2006.
[1]
Mike Wilkinson and
Steve Eder, “Noe Guilty Of 29 Felony Counts; Convictions Include Racketeering,
Theft, Forgery. The Blade, November
13, 2006. http://www.toledoblade.com/Editorials/2006/11/13/Noe-guilty-of-29-felony-counts-convictions-include-racketeering-theft-forgery.html
[1]
But the Blade
still made links to Noe whenever possible. See: Mike Wilkinson and James Drew,
“Westhaven Firm Ordered To Stop Selling Securities,” The Blade, November 22, 2005. http://www.toledoblade.com/State/2005/11/22/Westhaven-firm-ordered-to-stop-selling-securities.html
[1]
James Drew and
Steve Eder, “Noe, Wife Maintain Low Profile in Florida: Much Has Changed in
Year of Upheaval.” The Blade,
December 27, 2005.
[1]
Mark Niquette, “Noe: Contrite, To A Point.” Columbus Dispatch, February 28, 2010. http://www.dispatch.com/content/stories/local/2010/02/28/tom-noe--contrite-to-a-point.html
[1] Transcripts, 10/16/06, p. 882.
[1] Transcripts, 10/16/06, p. 885.
[1] Transcripts, 10/16/06, p. 888.
[1] Transcripts, 10/16/06, p. 888.
[1] Transcripts, 10/16/06, p. 888-889.
[1] Transcripts, 10/16/06, p. 890.
[1]
OBWC’s holdings are
given by various sources during this period as from $16-18 billion. It’s likely
the value of its holdings did vary within that range.
[1] Transcripts, 10/16/06, p. 929.
[1] Transcripts, 10/16/06, p. 915.
[1] Transcripts, 10/16/06, p. 917.
[1] Transcripts, 10/16/06, p. 924.
[1] Transcripts, 10/16/06, p. 924.
[1] Transcripts, 10/16/06,p. 937.
[1] Transcripts, 10/16/06, p. 919.
[1] Transcripts, 10/16/06, p. 945.
[1] Transcripts 10/17/06, p. 1097.
[1] Transcripts, 10/16/06, p. 1074.
[1] Transcripts, 10/17/06, p. 1205.
[1] Transcripts, 10/17/06, p. 1255.
[1] Transcripts, 10/18/06, p. 1498.
[1] Transcripts, 10/18/06, p. 1589.
[1] Transcripts, 10/18/06, p. 1609.
[1] Transcripts, 10/25/06, p. 2406.
[1] Transcripts,10/25/06, p. 2406.
[1] Transcripts, 10/25/06,
p. 2432.
[1] Transcripts, 10/25/06, pp. p. 2444-2457.
[1] Transcripts, 10/25/06, pp. 2468-69.
[1] Transcripts, 10/25/06, pp. 2466-67]
[1] Transcripts, 10/25/06,
p. 2422.
[1] Transcripts, 10/25/06, p. 2387.
[1] Transcripts, 10/25/06, p. 2254-5.
[1] Transcripts, 10/25/06, pp. 2461-2462.
[1] Transcripts, 10/19/06, pp. 1732-1733.
[1] Transcripts, 10/19/06,
p. 1750.
[1] Transcripts, 10/19/06, p 1881.
[1] Transcripts, 10/19/06, p. 1788.
[1]
Transcripts, 10/19/06, p. 1878.
[1]
Important revisions after Elliott’s May of 2000
review included: 1) no more advances to “joint venture partners;” 2) formal
documentation of joint ventures; 3) full documentation of collateral, including
current value; 4) purchases from related parties to be at wholesale or less;
and 5) Plante Moran (the coin funds’ auditor) would do auditing of the value
and existence of assets such as coins and collectibles as well as financial
instruments.
[1]
“The Ohio Act” refers
to Ohio law on regulating securities. It is part of a category known nationally
as “blue sky laws” because they protect investors from instruments backed by
nothing more than “the blue sky.” “Blue sky laws legitimately exercise state
police powers in the prevention of fraud and deception in the sale of
securities within a state's boundaries.” Milton C. Boesel, Jr., “Analysis of
the Ohio Securities Act.” Case Western
Law Review, Volume 5, Issue 4, 1954, page 353. http://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=3364&context=caselrev
[1] Transcripts, 11/2/06, p. 3622-3623.
[1] Transcripts, 11/2/06, p. 3634.
[1] Transcripts, 11/8/06, p. 4286.
[1] Transcripts, 11/2/06, p. 3572.
[1] LC Documents, 10/16/2006.
[1] LC Documents, 10/16/06, Motion in Limine, pp.
6-7.
[1]
The “with the purpose
to keep it for his own use” quote here is important. If the meaning of “keep”
is intended to describe permanent holding, Noe clearly didn’t do that.
[1]
LC Documents, Memorandum in Opposition, 10/27/2006
[1]
LC Documents, Memorandum in Opposition, 10/27/06, p. 2.
[1]
LC Documents.,, Memorandum in Opposition, 10/27/06, p. 3.
[1]
LC Documents, Memorandum in Opposition 10/27/0,6, p 4.
[1]
LC Documents, EVT:J.E. Filed
and Journalized, 10/31/2006.
[1]
Transcripts, 10/17/2005 pp. 1371-1372.
[1]
Brief of Plaintiff-Appellee, In the Court of Appeals of Lucas County, Ohio
Sixth Appellate District, C.A. No. L-06-1393, C.P. No. CR06-1348, p. 35.
[1]
Transcripts, 11/7/06, p. 4100.
[1]
Transcripts, 11/7/06, pp.
4100-4101.
[1]
Transcripts, 11/7/06, p.
4101.
[1]
Transcripts, 11/7/06, P.
4123-4124.
[1]
Transcripts, 11/7/06, p.
4136.
[1]
Transcripts, 11/7/06, p.
4136.
[1]
Interestingly, though,
Wilkinson had described it as a “dumb contract” when meeting with the jurors
just after the voir dire was completed. Transcripts, 10/12/06,
p. 818.
[1] Transcripts, 11/7/06, p. 4149.
[1] Transcripts, 11/7/06, p. 4163.
[1] Transcripts, 11/7/06, p. 4159.
[1] Transcripts, 11/7/06, p. 4166.
[1] Transcripts, 11/7/06, p. 4177.
[1] Transcripts, 11/7/06, p. 4182-83.
[1] Transcripts, 11/7/06, p. 4192.
[1] Transcripts, 11/7/06, p. 4199-4200.
[1] Transcripts, 11/7/06, p. 4203.
[1] Transcripts, 11/7/06, p. 4204.
[1]
Transcripts, 11/07/06, pp. 4243-4246.
[1]
LC Docs, State of Ohio’s Sentencing
Memorandum,
11/16/2006, Case No. CR06-1348, p.5.
[1]
State of Ohio’s Sentencing Memorandum, p.8.
[1]
State of Ohio’s Sentencing Memorandum, pp.16-18.
[1]
The Blade article Wilkinson refers to cannot
be found. However, Prosecutor Bates did make a similar argument later, in the
context of the 2015 clemency plea. Tom Troy, “Should Noe Have Taken Deal?” The Blade, August 16, 2015. http://www.toledoblade.com/Courts/2015/08/16/Should-Noe-have-taken-deal.html
[1]
Transcripts, 11/20/06, pp. 21-22.
[1]
Ohio does have an
early release possibility in some cases, but the amount in Noe’s case would be
small and would require the approval of a Lucas County Judge. It’s doubtful
that any judge needing to be reelected would approve given such past Blade
editorials as “Keep Noe in Prison” (June, 2011) and “No Deal” (March, 2015).
[1] Mike Wilkinson, “Auditor Testifies OBWC Allowed Noe
to Spend State Money As He Desired.” The
Blade, October 20, 2005. http://www.toledoblade.com/frontpage/2006/10/20/Auditor-testifies-BWC-allowed-Noe-to-spend-state-money-as-he-desired.html
[1]
Blade Staff, “Osowik
for Appeals Court.” The Blade,
November 11, 2006. http://www.toledoblade.com/Editorials/2006/11/01/Osowik-for-appeals-court.html
[1]
One version is that
the sentence was only eight years above the maximum; this is hard to determine
given the many counts and the fact that some were served consecutively and some
not. In any case, the difference is small in the larger context.
[1] Sources report that there
were actually more than 200 such boxes used in the trial.
[1]
Complete Application for Clemency, Petiniot
Letter to the Governor of Ohio, August 11, 2008, p 2. https://drive.google.com/open?id=0B9Sf_NQ6t8KJMFNlVDJfdDI1REU
[1]
Mike Wilkinson and
James Drew, “Judge Cites 'Elaborate Scheme' to Defraud State.” The Blade, November 21, 2006. http://www.toledoblade.com/frontpage/2006/11/21/Judge-cites-elaborate-scheme-to-defraud-state.html
[1] Jeff Starck, “Ohio Recovers 40.8 Million From Its Two Rare Coin Funds.”
Coin World, December 11, 2006.
[1]
Jeff Starck, “Ohio
Recovers 40.8 Million From Its Two Rare Coin Funds.” Coin World, December 11, 2006.
[1]
Russ Buettner and
Charles V. Bagli, “How Donald Trump Bankrupted His Atlantic City Casinos, but
Still Earned Millions.” The New York
Times, June 11, 2016. https://www.nytimes.com/2016/06/12/nyregion/donald-trump-atlantic-city.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=a-lede-package-region®ion=top-news&WT.nav=top-news
[1]
In The Sixth District
Court of Appeals Lucas County, Ohio CASE NO. CL-06-1393 State of Ohio,
Plaintiff-Appellee, v. Thomas W. Noe, Defendant-Appellant. On Appeal From Case
No. Cr-06-01348 In The Court of Common Pleas, Lucas County, Ohio Brief Of
Appellant Thomas W. Noe.
[1]
The Blade, “An
Outrageous Delay,” 11/14/2007. http://www.toledoblade.com/Editorials/2007/11/14/An-outrageous-delay.html
[1]
Ohio State Bar Association: https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-5.aspx
. A good summary can also be found in- http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html
[1]
American Bar
Association, Criminal Justice Section
Standards: Criminal Appeals. http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_crimappeals_blkold.html Accessed on April 4, 2017.
[1]
Brief of Appellant Thomas W. Noe, In the Sixth District Court of Appeals, Lucas
County, Ohio, On Appeal from Case No. CR06-01348, p. 9.
[1]
Brief of Plaintiff-Appellee, In the Court of Appeals of Lucas County, Ohio
Sixth Appellate District, C.A. No. L-06-1393, C.P. No. CR06-1348, p. 23.
[1]Brief of Plaintiff-Appellee, p. 23.
[1]
Brief of Plaintiff-Appellee,
p. 24.
[1]
Brief of Plaintiff-Appellee,
p. 24.
[1]
Reply Brief of Appellant Thomas W. Noe, In the Sixth District
Court of Appeals, Lucas County, Ohio. On Appeal from Case No. CR-06-01348, p.
2.
[1]
Reply Brief of Appellant, p. 3.
[1]
Reply Brief of Appellant, p. 20.
[1]
Reply Brief of Appellant, p.21.
[1]
Reply Brief of Appellant, p. 21.
[1]
Brief of Appellant, pp. 17-18.
[1] Brief of Plaintiff-Appellee, p. 32.
[1]
Reply Brief, pp. 5-6.
[1]
Brief of Plaintiff-Appellee, p. 42.
[1]
Ohio’s money
laundering statute seems very inconsistent with the definition used by the US
Department of the Treasury: “ Typically,
it [money laundering] involves three steps: placement, layering and
integration. First, the illegitimate funds are furtively introduced into the
legitimate financial system. Then, the money is moved around to create
confusion, sometimes by wiring or transferring through numerous accounts.
Finally, it is integrated into the financial system through additional
transactions until the "dirty money" appears "clean."
What happened with Noe’s accounts wasn’t
“furtive,” wasn’t “moved around to create confusion,” and wasn’t integrated in
a way to make “dirty money” appear clean. Instead, it was simply deposited and
spent. Since Ohio’s law doesn’t require any of these three steps, it certainly
does seem to an effort at double-jeopardy. See: United States Department of the
Treasury, FinCen website. https://www.fincen.gov/history-anti-money-laundering-laws
[1] Catherine Candisky,
“Racketeering law poorly written but still enforceable, Ohio Supreme Court
rules.” Columbus Dispatch, June 11,
2013.
[1]
In The Court of Appeals of Ohio Sixth Appellate District Lucas County, Nos. L-06-1393, Appellee
Trial Court Nos. CR-2006-1348, p. 17.
[1]
Brief of Appellant, p. 34.
[1]
Reply Brief, p. 16.
[1]Court of Appeals, p. 35.
[1]
Brief of Appellant, p. 25.
[1]
Brief of Appellant, p. 27.
[1]
Brief of Appellant, p. 28.
[1]
Brief of Plaintiff, p. 18.
[1]
Brief of Plaintiff, p. 18.
[1]
Transcripts, 11/9/2006, p. 4357.
[1]
Reply Brief, p.
33.
[1]
Reply Brief, p. 7.
[1]
Reply Brief, p. 9
[1]
Reply Brief, p. 9.
[1]
Reply Brief, p. 11.
[1]
Court of Appeals, p. 25.
[1]
Court of Appeals, p. 26.
[1]
Court of Appeals, p. 26.
[1]
Brief of Plaintiff, p. 38.
[1]
Reply Brief, p. 13.
[1]
Brief of Appellant, p. 14.
[1]
Court of Appeals, p. 27.
[1]
Court of Appeals, pp. 27-28.
[1]
Court of Appeals, p. 31.
[1]
LC Docs, State of Ohio’s Sentencing
Memorandum, 11/16/2006, Case No. CR06-1348, pp. 8-9.
[1]
Columbus Dispatch, “Strickland Clears Desk of Requests, Grants
152 Pardons, 1/7/2011. http://www.dispatch.com/content/stories/local/2011/01/07/strickland-clears-desk-of-requests-by-granting-152-pardons.html
[1]
New York Times, “A
Spirited Campaign for Ohio Court Puts Judges on New Terrain,” 7/7/2000. http://www.nytimes.com/2000/07/07/us/a-spirited-campaign-for-ohio-court-puts-judges-on-new-terrain.html
[1]
Staff, “Coin Dealer
Noe Loses Final Appeal,” The Columbus
Dispatch, June 9/2010. http://www.dispatch.com/content/stories/local/2010/06/09/noe-loses-final-appeal.html
[1]Ohio Supreme Court press release, 2010-0294. State v. Noe. Lucas App.
Nos. L-06-1393 and L-09-1193,
2009-Ohio-6978. Discretionary appeal and cross-appeal not accepted. Brown,
C.J., dissents and would accept the appeal on Proposition of Law No. IX and
hold the appeal for the decision in 2009-1997, State v. Hodge, Hamilton App.
No. C-080968, and would also accept the cross-appeal. O’Donnell, J., dissents
and would accept the appeal on Proposition of Law No. I. O’Connor and Lanzinger, JJ., not
participating.
[1]
The
Blade, “Judge Denies Petition by
Noe's Defense,” 1/20/2012. http://www.toledoblade.com/Courts/2012/01/20/Judge-denies-petition-by-Noe-s-defense.html
[1]
The
Blade, “Federal Magistrate Denies
Noe’s Request for a New Trial,” 6/20/2013
[1] The Blade, “Federal Judge Rejects Noe’s Bid for New
Trial. 10/1/2014. http://www.toledoblade.com/Courts/2014/10/01/Federal-judge-rejects-Noe-s-bid-for-new-trial.html
[1]
In The United States
District Court for the Northern District Of Ohio, Petitioner Thomas W. Noe v.
Respondent Francisco Pineda, Warden CASE NO. 3:11CV1173 Judge John R. Adams, Magistrate Judge Kathleen
B. Burke, Report & Recommendation, p.1.
[1]
In The United States District Court for the
Northern District Of Ohio, Petitioner Thomas W. Noe v. Respondent Francisco
Pineda, Warden. Case No. 3:11cv01173 Akron, Ohio, Tuesday, April 1, 2014. Cited
as Federal Court Transcript.
[1] Kerger had replaced the Thompson Hine attorneys beginning
with the Ohio Supreme Court appeal.
[1]
Federal Court Transcript, p. 5.
[1]
Petition Under 28
U.S.C. For Writ of Habeas Corpus by a Person in State Custody, Thomas W. Noe,
Case 3:11-cv-01173. Filed 6/30/2011, p. 20.
[1] Federal Court Transcript, p.
9.
[1] Federal Court
Transcript, pp. 9-10.
[1]
Federal Court Transcript, pp. 9-10.
[1]
Federal Court Transcript., p 12.
[1]
Federal Court Transcript, p 12.
[1]
Federal Court Transcript, p. 17.
[1]
Federal Court Transcript., p. 17.
[1]
Federal Court Transcript, p. 20.
[1]
United States District Court, Northern District
of Ohio, Eastern Division, Memorandum of Opinion and Order, Case No:
3:11cv1173. Filed 9/30/2014, p. 3.
[1]
US District Court,
Northern District of Ohio, p. 3.
[1]
US District Court,
Northern District of Ohio, p. 3.
[1]
US District Court,
Northern District of Ohio, p. 2.
[1]
US District Court,
Northern District of Ohio, p. 2.
[1]
The Blade,
“Appellate Court Upholds Noe Conviction,” 12/31/2009. http://www.toledoblade.com/local/2009/12/31/Appellate-court-upholds-Noe-conviction.html
[1]
Blade Staff, “Federal Magistrate Denies Noe's
Request for New Trial,” The Blade, June 20, 2013. http://www.toledoblade.com/Courts/2013/06/20/Federal-magistrate-denies-Noe-s-request-for-new-trial.html
[1]
Jennifer Feehan, “Federal Judge Rejects Noe’s Bid for New Trial,” The Blade, October 1, 2014. http://www.toledoblade.com/Courts/2014/10/01/Federal-judge-rejects-Noe-s-bid-for-new-trial.html
[1]
Columbus Dispatch,
“Noe Loses Final Appeal,” 6/09/2010, http://www.dispatch.com/content/stories/local/2010/06/09/noe-loses-final-appeal.html
[1]
Editorial Board, “Tom
Noe’s Predicament,” The Blade, May 3,
2007. http://www.toledoblade.com/Editorials/2007/05/03/Tom-Noe-s-predicament.html
[1] Application for Executive
Clemency, p. 12 of 14.
[1]
The Blade
has had at least three editorials on Noe and his appeals. The first, from
August of 2008 (“A Vain Appeal”) concerns the Court
of Appeals and closely follows the prosecutions brief, including the argument
that “the fact that the jury acquitted Noe on 11 other counts [is] … pretty
good evidence they paid close attention, understood what
they saw and heard, and were able to discern between charges.” One wishes that
a Blade editor would be put on the
stand to describe exactly what “discernments” he thought the jurors made. As
noted in Part IV, jurors seem to have simply skipped from place to place in
order to quell internal dissent. The second editorial “Keep Noe in Prison”
(June, 2011) concerns the federal appeal and is as sophisticated as its title
suggests.
The strongest of the Blade’s
efforts to support its point of view is the last one and concerns the clemency
request (March, 2015). This most recent commentary fits into a well-established
pattern of boasting of the paper’s own role in starting the investigation and
also takes a favorite shot at Noe’s education, pointing out that “[he served]
as chairman of the state Board of Regents (even
though he lacked a college degree).” Emphasis supplied.
Despite the boilerplate, this essay is well-argued and, like nearly all
of the Blade’s efforts, quite well
written. In order to agree with it, however, you have to accept as given some
things that the Blade considers
established fact. For example, the Blade assumes that Noe “used his connections as a party activist
and prolific fund-raiser to strike a deal with the Ohio Bureau of Workers’
Compensation.” This is something that the Blade
has long argued but that Noe was never charged with and for which no evidence
has been advanced – indeed, one of the Blade’s
criticisms of Noe is that he hasn’t provided evidence to support the paper’s
claims. The editorial also brings up the idea of a Cayman Islands offshore
account, suggesting that Noe has hidden money and shouldn’t be allowed to
“finance a lavish lifestyle [a favorite Blade
phrase with regard to Noe] once he leaves prison.” The Blade here advances two arguments that have the advantage of being
unanswerable: it’s almost impossible to prove a negative, which means in this
case that Noe can’t prove that he didn’t use political influence or that he
doesn’t have an offshore account. Thus, the Blade
can safely claim for all eternity that Noe hasn’t satisfactorily answered its
questions.
[1]
Federal Court Transcript, p. 6.
[1] Christina A. Studebaker and Steven D. Penrod, “Pretrial
Publicity : The Media,
the Law, and Common Sense.” Psychology,
Public Policy, and Law. 1997. Vol. 3, No. 2/3, p. 433.
[1]
Studebaker and Penrod, p. 434.
[1]
Studebaker and Penrod, p. 434.
[1]
Studebaker and Penrod, p. 435.
[1] Studebaker and Penrod, p. 436.
[1]
Studebaker and Penrod, p.437.
[1] Studebaker and Penrod, p. 437.
[1] Transcripts,
6/14/06, p. 57.
[1]
Les Robinson, Changeology. Totnes, Devon: Green Books,
Ltd., 2012. Kindle Edition. “Family, friends, neighbors are the credible
sources people turn to when deciding how to behave when challenged by new
ideas, events, or threats.” Chapter:
Ingredient 1: First Start a Buzz.
[1]
Studebaker and Penrod., p. 441.
[1]
Studebaker and Penrod. p. 442.
[1]
Studebaker and Penrod., p. 445.
[1]
Studebaker and Penrod., p. 446.
[1]
Studebaker and Penrod. p. 446.
[1]
Studebaker and Penrod. p. 455.
[1] Mark W. Bennett, “Unraveling the Gordian Knot of
Implicit Bias in Jury Selection: The Problem of Judge-Dominated Voir Dire, the
Failed Promise of Batson, and Proposed Solutions.” Harvard Law & Policy Review, Vol. 4, p. 149, 2010. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2505424
[1]
Association for Psychological Science, “US
Supreme Court Recognizes Role of Unconscious Bias in Disparate Treatment.” https://www.psychologicalscience.org/news/releases/us-supreme-court-recognizes-role-of-unconscious-bias-in-disparate-treatment.html#.WOjpGGjyvb0 Accessed on 4/7/2017.
[1]
Anthony G. Greenwald
and Mahzarin R. Banaji, “Implicit Social Cognition: Attitudes, Self-Esteem, and
Stereotypes.” Psychological Review
1995, Vol. 102, No. 1 4-27, p. 4.
[1]
Inferred from examples
of race and gender. Greenwald and Banaji, p. 15.
[1]
New York: Random
House, 2016.
[1] Transcripts, 10/10/06 and 10/11/06.
[1] Transcripts, 10/11/06, p. 486.
[1] Transcripts, 10/11/06, p.349.
[1] Transcripts, 10/11/06, p.349.
[1] Transcripts, 10/10/06. p. 159.
[1] Transcripts, 10/10/06 pp. 200-201.
[1] Transcripts, 10/11/06, p. 302.
[1] Transcripts, 10/10/06, p. 155.
[1] Transcripts, 10/11/06, p. 262.
[1] Transcripts, 10/10/06, pp. 123-124.
[1] Transcripts, 10/11/06, p. 382.
[1] Transcripts, 10/10/06, p. 177.
[1]
The Blade’s initial story on jury selection
was quite balanced. The paper highlighted the fact that many jurors had been
strongly and negatively influenced toward Noe by pre-trial publicity. The story
even reported the fact that people who said they had formed opinions about
Noe’s being guilty were left in the jury pool. Objectivity only goes so far,
however – there was no mention of the many anti-Blade comments. Mike Wilkinson, “Many Potential Jurors in Noe Case Dismissed.” The Blade, October 11, 2006. http://www.toledoblade.com/local/2006/10/11/Many-potential-jurors-in-Noe-case-dismissed.html
[1]
“Kevin Pituch, one of four Lucas
County assistant prosecutors who worked on the Noe case, agreed: "If you
read the transcripts during jury selection, you'd know that's not so. Most of
the people selected had no idea who he was. ... The people who were truly
prejudiced against Tom Noe were excluded, and there weren't that many.” Columbus Dispatch, “Noe Takes Fight to
Federal Court,” June 9, 2011. http://www.dispatch.com/content/stories/local/2011/06/09/noe-takes-fight-to-federal-court.html The “truly” is
interesting here.
[1]
Transcripts, 10/10/06, p. 70.
[1]
Molly Mcdonough, “Rogue Jurors.” ABA Journal, October 24, 2006. http://www.abajournal.com/magazine/article/rogue_jurors
[1]
Columbus
Dispatch, “Noe Takes
Fight to Federal Court” 6/9/2011 http://www.dispatch.com/content/stories/local/2011/06/09/noe-takes-fight-to-federal-court.html
[1]
Complete Application for Clemency.
[1]
Tina Rosenberg. Join the Club. New York, W.W. Norton
& Company, 2012.
[1]
Rosenberg, Join the Club, p. 32.
[1]
Josh Levin, “The Judge
Who Coined “Indict a Ham Sandwich” Was Himself Indicted.” Slate.com, November
25, 2014. http://www.slate.com/blogs/lexicon_valley/2014/11/25/sol_wachtler_the_judge_who_coined_indict_a_ham_sandwich_was_himself_indicted.html
[1] Stuart Diamond, “Steep Rise Seen in Private Use Of
Federal Racketeering Law.” New York Times;
August 1, 1988.
[1]
Russell D.
Leblang, “Controlling
Prosecutorial Discretion under State RICO.” Suffolk
University Law Review 79 1990 80-115. Page 86.
[1] In the Matter of Joseph
Skupniewitz, Richard Posner, Barbara Crabb, and the United States Seventh
Circuit, Petitioners, 73 F.3d 702 (7th Cir. 1996)
[1]
In Re Disqualification of Osowik.
[1]
New York: Cambridge
University Press, 2013.
[1]
Jennifer Jones, “The Rationalizing
Voter by Milton Lodge and Charles S. Taber. Cambridge University Press, 2013, 281 pp.” Political Psychology, Volume 36, Issue 1 February 2015, Pages 137–140, p. 137.
[1]
Editorial Board,
“Bennett’s Specious Claim.
[1] Drew and Eder, “Noe Says Ohio…”
[1]
Michael J. Ellis, “The
Origins of the Elected Prosecutor.” The
Yale Law Journal 121 Yale. L.J. 1528.
[1]
Colin Taylor Ross, “Despite what many reformers
believe, special prosecutors will only weaken police accountability.” Washington Post, April 17, 2016.
[1] Jim Provance “Judge Removed
From Ex-Lawmaker’s Appeal Justice Cites Appearance Of Conflict.” The Blade, April 29, 2017. http://www.toledoblade.com/Courts/2017/04/29/Judge-removed-from-ex-lawmaker-s-appeal.html Note that in the Knaus case
the local prosecutor did recuse himself.
[1] Blade Staff, “Why O’Connor
Was Right.” The Blade, May 15, 2017. http://www.toledoblade.com/Editorials/2017/05/15/Toledo-Blade-editorial-Why-O-Connor-was-right.html
[1] Transcripts, 10/11/2006, p. 272.
[1]
Blade Staff, “Broker: State May Recoup $6M.” The
Toledo Blade, November 15/2006. http://www.toledoblade.com/State/2006/11/15/Broker-State-may-recoup-6M.html
[1]
The Columbus Dispatch reported “professional
fees, liquidation costs, and other related expenses so far are nearly $7.7
million, and total expenses could reach $9.5 million, according to figures
released to The Dispatch this week [July, 2008] by the Ohio Bureau of Workers’
Compensation.” Mark Niquette, “”Millions Back After Coin Flap,” The Columbus Dispatch. July 27, 2008.
[1]
Jeff Starck, “Ohio
Official Has Guarantee of $7.5 Million in Coin Sale.” Coin World, 2006; no
further date available.
[1]
Beth Deisher,
“Editorial: Ohio Sealed-Bid Coin Sale Bizarre.” Coin World, 2006, no further date.
[1]
Beth Deisher,
“Spectrum Bid Wins Items in Ohio Sale.” Coin
World, 2006; no further date available.
[1] Christopher D. Kirkpatrick,
“Batch of Noe Rare Coins Fetches $7.5M for State.” The Toledo Blade, April 1, 2006. http://www.toledoblade.com/State/2006/04/01/Batch-of-Noe-rare-coins-fetches-7-5M-for-state.html
[1]
Jeff Starck, “Strong
Market Helps Ohio Recoup Funds’ Investments.” Coin World, October 16, 2006.
[1]
The CEO of Heritage,
Steve Ivy, wrote to Judge Bodoh in May of 2006: “Heritage is the largest auctioneer in the
world and outsells its closest four competitors combined, none of which have a
customer bases nearly as large and diverse as Heritage’s.”
…
“It is our belief that while other smaller
competitors will indeed sell the coins, the prices realized for many of them
will be at prices much less than they would bring from a Heritage sale. As a
result, many of the coins will be purchased by savvy dealers at bargain
prices.” Ivy then pointed out that many of the coins purchased this way would
almost certainly return and be auctioned by Heritage. Source: Ohio History Connection,
State Archives, Series 6771, Box
57,499, Folder 16.
[1]
Jeff Starck, “Ohio
Supreme Court Ruling on Coin Funds.” Coin
World, July 17, 2005.
[1]
Joshua Boak, “Turbulent Times in Columbus.” The Blade, August 7, 2005. http://www.toledoblade.com/frontpage/2005/08/07/Turbulent-times-in-Columbus.html
[1]
James Drew and Steve
Eder, “Voinovich Avoids Political Fallout of Ohio Scandals.” The Blade, July 3,
2005. http://www.toledoblade.com/frontpage/2005/07/03/Voinovich-avoids-political-fallout-of-Ohio-scandals.html
[1]
Michael Hawthorne,
“Voinovich's Ex-chief of Staff Pleads Guilty in Coverup.” Cincinnati Enquirer, September 4, 1997. http://www.enquirer.com/editions/1997/09/04/loc_mifsud.html
[1]
Michael Hawthorne,
“Voinovich's Ex-chief of Staff Pleads Guilty in Coverup.” Cincinnati Enquirer, September 4, 1997. http://www.enquirer.com/editions/1997/09/04/loc_mifsud.html
[1] Dave Murray, “The
Late Paul Mifsud is Credited with Making the Skyway Reality.” The Blade, June 17, 2007. http://www.toledoblade.com/frontpage/2007/06/17/The-late-Paul-Mifsud-is-credited-with-making-the-Skyway-reality.html
[1]
James Drew, “Obituary:
Paul Mifsud / Aide to Ohio Governor; Ridge Adviser.” Pittsburgh Post-Gazette, May 28, 2000.
[1]
“Case Closed.” Columbus Dispatch, February 2, 2009.
[1]
Michael Hawthorne and Sandy Theis, “Mifsud Gets Jail Term.” Cincinnati Enquirer;
October 10, 1997. http://www.enquirer.com/editions/1997/10/10/loc_mifsud.html
[1]
LC Docs, Affidavit of
Disqualification, 3/2/06, p. 5.
[1] One legal analyst suggests
that Judge Osowik should have recused himself with a statement of reasons that
would have led other judges in Lucas County to follow his example.
[1]
Joe Strupp,
“Handicapping the Pulitzers: Experts Pick Front-Runners.” Editor & Publisher, March 2, 2006.
[1]
Given the
circumstances, Noe should not be responsible for the costs of prosecution.
[1]
William D. Cohan,
“Remembering (and Misremembering) the Duke Lacrosse Case.” Vanity Fair, March 10,
2016. http://www.vanityfair.com/news/2016/03/duke-lacrosse-case-fantastic-lies-documentary
[1]
M. Alex Johnson,”
Ex-Texas Prosecutor First In History To Be Jailed For Withholding Evidence.”
NBC News, November 8, 2013, 7:50 PM ET. http://www.nbcnews.com/news/other/ex-texas-prosecutor-first-history-be-jailed-withholding-evidence-f8C11566289
[1] Some who argue that the law
isn’t about fairness emphasize that law is instead based on a process that,
because it is so carefully defined to offer balance to all parties, should lead
to a just conclusion most of the time.
On the other hand, the federal Brady Rule, which requires that
prosecutors provide exculpatory evidence to the defense even if it’s not
requested, illustrates that the concept of fairness exists in law even when the
standard adversarial process is fully carried out. For a short reference,
see: http://www.yourdictionary.com/brady-rule .