A Copy of David Rose’s Civil Suit Naming the Darke County Ohio CSEA as Defendants

At the request of Ohio Council for Fathers Rights Member Mr. David Rose, we are posting a copy the civil action he filed against six Darke County Ohio Child Support Enforcement Agency Employees who are named as Defendants in Mr. Rose’s lawsuit. Please note that depending on how heavy site traffic is, in extreme cases it could take a few minutes for the file to open due to its large size.

Note: Depending on your monitor’s resolution, it may be best for some to print the file and then read it instead of reading it from your screen.

We will eventually post an audio file of a phone conversation between Mr. Rose and Defendant Mallot whereby Mr. Rose alleges he can prove perjury was committed during his felony criminal non-support trial whereby he was wrongly imprisoned as an innocent man.

Please understand the seriousness of the allegations being made by Mr. Rose. If what he alleges is factual and in truth, the Ohio Attorney General must intervene and bring forth indictments against all if the evidence shows Perjury, Tampering with Records, Criminal Conspiracy and a litany of other felony criminal offenses were committed by the Defendants.

Ironically, Ohio Attorney General Marc Dann will not intervene unless the Darke County Prosecutor’s Office personally requests his assistance. If there is indeed a criminal conspiracy involving the Defendants, do you honestly think Darke County Prosecutor Richard M. Howell (0002550) will petition OAG Marc Dann to indict himself and his friends?

Darke County Judge Jonathan Hine was the presiding judge at Mr. Rose’s sentencing trial. Given Darke County’s small size, Judge Hine hears all Criminal and Civil Common Pleas cases. His treatment of Mr. Rose at his sentencing trial was deplorable. I was personally present and witnessed as Judge Hine yelled at Mr. Rose, insulted him, humiliated him and treated him with utter contempt, calling Mr. Rose’s allegations of perjury “ridiculous.”
Does anyone honestly believe that given Judge Hines dislike of Mr. Rose and his contemptuous treatment of him during sentencing, that Mr. Rose stands any chance of being granted a fair trial in Judge Hine’s courtroom?

We at Ohio Council for Fathers Rights tried to handle this quietly out of professional respect for Darke County. However, the Darke County CSEA and the Darke County Prosecutor’s Office have forced us into disclosing these atrocities publicly with their contemptuous and unprofessional attitudes towards us.

Mr. Rose has been in 24 hour lock down at the Orient inmate reception center since March 24, 2008. This man spends 24 hours a day locked in his cell like a caged animal. Why? He dared to become a Father. His reward? He was wrongly convicted on a false charge of felony criminal non-support. This is how the State of Ohio’s 88 County Child Support Enforcement Agencies act only in the, “best interests of Ohio’s children,” by caging their Fathers like animals?

Even worse, the Darke County CSEA can re-indict Mr. Rose before he even finishes his current sentence. For what offense? According to Ohio statutes, Mr. Rose is refusing to pay his child support during his 24 hour lock down in prison. Therefore, to act “in the best interests of his children” again, Darke County will most likely re-indict him again for felony criminal non-support. Only this time, he will spend up to three years in prison.

For how long can The Darke County CSEA indict Mr. Rose? For as long as they like. Mr. Rose faces perpetual incarceration at the hands of the Darke County Child Support Enforcement Agency. The truth is, once any Father is caught in this CSEA trap, he could potentially spend the rest of his life in jail. He can be endlessly re-indicted and imprisoned for “refusing” to pay his child support during his incarceration under Ohio’s present statutes.

There is no, “double jeopardy” in a situation such as this. The CSEA can secure a new indictment by including just “one” new week in their search for 26 weeks of missed payments. (Felony indictments require 26 non-consecutive missed weeks of child support payments. For instance, they can take 25 of the same weeks used to secure Mr. Rose’s first indictment for felony non-support, add one week of his incarceration whereby he “refused” to pay his support “again” and re-indict him on a “new” more serious felony that carries up to three years in prison.

This happens to thousands of Fathers throughout Ohio and it’s beyond sickening, it is absolutely despicable, demented, diabolical and a disgustingly perverted form of “justice” that Ohio maintains is only carried out in the, “best interests of the children.” Certainly you can see how this is in the best interests of the children, and has nothing to do with the billions in profits Ohio has made to date, agreed?

Tony Fantetti
Ohio Council for Fathers Rights


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