Wednesday, May 23, 2012

When Lawyers Go Bad: The Conclusion

I wrote about the disbarred attorney Linda S. Cook in my post titled: When Lawyers Go Bad. The local scandal sheet picked up the story but failed to run it to the goal line: Ex-Sylvania lawyer guilty of attempted records tampering - 8/25/2011.  Today I got some email from a person unknown to me asking about Linda S. Cook and her possible whereabouts. Having an hour or so to kill I decided to see if I could find out just what did happen to this wayward ex-servant of the Court, because the last I heard she was staring at a year and a half in the big house, courtesy of Judge Gary Cook (no relation).  After a little searching I discovered what happened.

Son Of A Bitch!

Four years probation.  Linda is out and running around free as a bird.  There's a link below to the on line court records as well as a partial reproduction of the pertinent parts.  Read the official legalese as you like, but it just gets better and better.

On Thursday, May 10, 2012 community control was terminated early.  What the hell, why not?  Linda's one of the good old boys in our legal system, and just like any other felon who used to be a cop, lawyer or judge, Linda doesn't really deserve to go to jail.  Right guys?

This is bullshit, bullshit, bullshit.  The only good that came out of this case is that Cook has been disbarred - see 2006-1994. Toledo Bar Assn. v. Cook, 2007-Ohio-3253 and Cite as Toledo Bar Assn. v. Cook, 114 Ohio St.3d 108, 2007-Ohio-3253.  Mind you, Cook has only been disbarred in Ohio, so she's free to go and practice law in some other State.  Michigan, maybe.  Florida, because the weather is better down there and the population of senior citizens is larger than Ohio's.

So Linda S. Cook never really got any punishment at all.  But that's the way things are, that's our legal system in action.

Lucas County On Line Docket (G-4801-CR-200702498-000)
10/13/2011 1 Title : SENTENCED TO COMM CONTROL 782-000008350 issued by 708 ()

On October 13, 2011 defendant's sentencing hearing was held pursuant to R.C. 2929.19. Court reporter KELLY WINGATE, defense attorney JOHN F POTTS and the State's attorney MIKE NARGES were present as was the defendant LINDA S COOK, who was afforded all rights pursuant to Crim.R. 32. The Court has considered the record, oral statements, any victim impact statement and presentence report prepared, as well as the principles and purposes of sentencing under R.C. 2929.11, and has balanced the seriousness and recidivism factors under R.C. 2929.12.

The Court finds on August 24, 2011 the defendant entered a plea of Guilty and was found guilty by the Court of Attempt to Commit Tampering with Records, count 1, a violation of R.C. 2923.02 & 2913.42(A)(1)&(B)(4), a felony of the 4th degree.

The Court finds pursuant to R.C. 2929.13(D) that: a non- prison sanction does not demean the seriousness of the offense; a non-prison sanction will adequately punish defendant and protect the public; factors decreasing seriousness outweigh those increasing seriousness; and there is less likelihood of recidivism and THEREFORE imposes 4 years of community control to be monitored by the Lucas County Adult Probation Department specifically to include: 1) Pursuant to R.C. 2901.07, defendant ordered to submit to DNA testing 2) Defendant to serve community service of 500 hours at the Read for Literacy Program; 3) Defendant to submit to random urinalysis; 4) Defendant to pay a fine of $5,000.00.

Defendant notified that violation of community control, violation of any law, or leaving this state without permission of the court or probation officer, will lead to a longer or more restrictive sanction for defendant, including a prison term of 6 months.

Defendant notified that under federal law 18 USC 922(g) and state law, as a result of a felony conviction or a misdemeanor offense of violence conviction against a family or household member, defendant shall never be able to ship, use, receive, purchase, own, transport, or otherwise possess a firearm or ammunition and violation is punishable as a felony offense.

It is further ORDERED the defendant is subject to up to 3 years discretionary post-release control as to count 1 after the defendant's release from imprisonment pursuant to R.C. 2967.28 and 2929.14.

Defendant given notice of appellate rights under R.C. 2953.08. Defendant notified of up to 3 years discretionary post-release control as to count 1.

Defendant notified that if post release control conditions are violated the adult parole authority or parole board may impose a more restrictive or longer control sanction or return a defendant to prison for up to nine months for each violation, up to a maximum of 50% of the stated term originally imposed. Defendant further notified that if the violation of post release control conditions is a new felony, a defendant may be both returned to prison for the greater of one year or the time remaining on post release control, plus receive a prison term for the new felony.

Pursuant to the request of the State of Ohio a nolle prosequi is entered as to count 2.

Defendant is ORDERED to report to the Lucas County Adult Probation Department forthwith.

Defendant found to have, or reasonably may be expected to have, the means to pay all or part of the applicable costs of supervision, confinement, assigned counsel, and prosecution as authorized by law. Defendant ordered to reimburse the State of Ohio and Lucas County for such costs. This order of reimbursement is a judgment enforceable pursuant to law by the parties in whose favor it is entered. Defendant further ordered to pay the cost assessed pursuant to R.C. 9.92(C), 2929.18 and 2951.021. Notification pursuant to R.C. 2947.23 given.


Old NFO said...

Geez... talk about hosed up!

Mad Jack said...

Yeah, isn't that just some shit? My thought is that this woman will pull something else, and when she does she'll get caught at it and next time maybe the judge will send her to the big house where she belongs.