Prosecutor Misconduct No. 1728568141 - 1829118049

Matthew Metcalf
38 South Park Street, 2nd Floor
Mansfield, Ohio 44902

Reporting Authority

This complaint has been forwarded to the Ohio State Bar Association

Statement

Incident took place on April 4th, 2022, around 1:45 PM. Misconduct by Assistant Prosecutor Metcalf would have taken place on April 4th 2022, April 20th, 2022 (Day I was arrested for Warrant on Complaint that was issued when Clerk of Courts Shannon Small Held a probable cause hearing, determined probable cause, and issued a warrant on complaint.)(This is an ultra vires act and would make everything Void Ab initio (from the beginning) instead I was subjected to a Sham Legal Process, a Kangaroo courts miscarriage of justice, a clear example of Fraud on the Courts) April 27th, 2022 (Preliminary hearing)

Withheld exculpatory Evidence. Didn't provide the Defendents Public Defender with the "Affidavit in Support of Probable Cause" written by the complainant until nearly 28 minutes into the court proceeding. Therefore, not only was my Public Defender unable to defend me, but it was also evidently clear that the appointed public defenders, assistant prosecutors, Municipal Court Judge, and the Arresting officers "collude" and coerce people into their debtor's prison scheme. These tyrants also like to use the system as a means of "Flexing" their authority, to the point they will break the rules, violate the law, and even so punish innocent people. Punishing innocent people, especially ones who have nothing else to lose should be a very serious concern, because if the law doesn't protect and serve, especially those that know they are innocent, then they are put in a position to have to protect themselves and defend themselves against those targeting. Not only does it cause constant emotional distress, but it also causes PTSD, and puts people on guard constantly. I will not be subjected to any more targeted attacks from these people or I will be forced for my own safety and to preserve my own life to administer justice since the legal system has failed to do so. I have made complaints with the Department of Justice, as well the FBI, and I have made it clear to the Cheif of Police. I have also made the mayor Steve Schag aware but he directed me to the Law Director, whom is also criminal seeing as he had a OVI, Hit and Skip, Driving without a motorcycle license, yet the previous Judge Shaefer had accepted his Not guilty plea for the OVI and Hit and skip, then recused himself from the No contest plea made for the Driving without a motorcycle license and helmet because they worked together and the conflict of interest. He had stepped down as he was running for Judge against Sheree Studer. Shaefer had resigned after this, appointing Studer, whom no longer had an opposing party so therefore she remained judge for another 4 years.

I cannot believe the level of incompetence in this county. This is people's lives we are talking about here, yet all these officials are incompetent, lazy, unqualified, and a lot of them have been appointed by "Ignorance" rather than after thorough review and qualifications have been met. The system has really "shown" itself to me as a Foreign Private For-Profit Revenue building scheme, full of "BAR" association guild members, who have infiltrated the system and are playing "both sides" as they swear their oath to the BAR, then the Court, then the client. Using their Legalese to deceive and take advantage of people. Those doing so, should be ashamed of themselves. It's pathetic.

I am going to provide a document that has every detail from the beginning of my Marriage and Legal encounters by Shelby police department, up until now. I have uploaded the Bodycams and even the Court Proceeding which is ridiculous and should be a complete embarrassment to the legal system that this was ever allowed to go on or continue. I expect those who coerced and conspired in violating my rights and putting me through harassment, torture, abuse, abduction, and confinement, including jailing me after I was assaulted by my wife at the sponsors where my wife had come up and choked me from behind and hip tossed me on the pavement, yet nothing ever happened to her, I was taken to jail though and my bond revoked, yet I didn't even "react" or "retaliate" in anyway. I never did, I never put my hands on her. Yet she was putting her hands on me!

January 1st, 2017, Lauren had gone to the Willard Police department and reported that her boyfriend had "just beat her up". They went to the residence in which her and her boyfriend shared and once there, Lauren then stated that he never physically harmed her nor threatened physical harm on her. She was made to leave the residence. This would be another instance of a false complaint. The same as she did April 4th 2022. I had tried to be considerate, offered her to remain at the residence and even use my truck since she had just started a job 2 days prior. I told her I was no longer going to argue with her and that I was leaving. That is why she retaliated. She tried to provoke me to get a reaction out of me plenty times, escalating her way of doing so, from making verbal threats, to physically punching me in my face 2 and 3 times on multiple occasions. I had never retaliated or "reacted" against her. Instead, I said how can you act like and say those things to someone you say that you love? I could never do and say those things to her.

Conflict of Interest was appointed Ben Zushin as a Public Defender. Just two months before that he was a Richland County Assistant prosecutor as well, and had been for nearly 5 years, worked alongside Matthew Metcalf. Arresting officer was promoted to Sergeant 2 days after I was arrested. Assistant Prosecutor Metcalf received the Trial Dog Award for 2022. Metcalf was so focused on securing convictions disregarding due process and suppressed exculpatory evidence. Even when it was evidently clear of my innocence, he chose to withhold evidence, and lead the witness, as well as badger her, to put her in fear that if she didn't claim her statement to be true that she would be "In serious trouble" for lying. When I had called out Sean Nolen during the April 27th, 2022, Preliminary hearing for his Perjured testimony, I was quickly silenced by the shouting of "Shut Up" by Judge Sheree Studer, Probation Officer Mindy Dumbeck, and Officer Joeseph Artrip. Metcalf has stepped down as assistant prosecutor and has since become a Chief Magistrate in the Richland County Court System in the domestic relations division. As for Joeseph Artrip, who fabricated a false search warrant on my residence 9 Grove Avenue Ext, he has since been moved to Ashland Police Department and is no longer with the Shelby Police Department. The Complainant, "alleged victim", whom is actually my wife had tried to recant not even 12 hours after the incident occurred. She had lied in her statement and left out very important information such as her threatening suicide, going for a 9mm handgun that was locked in a case, began opening it with her keys, and I had to disarm her and take the gun away. She exaggerated the narrative, which was fabricated and lead along by Officer Sean Nolen. I was railroaded and held to the "system", they had targeted me, and even though my innocence had become clear, they chose to continue to try and hold me to the Extensive Pre Trial-Supervision with Electronic Monitoring, 8 am to 4 pm curfew, random BAC and urine analysis at their discretion yet my expense, over $300 a month in PTS Fees, Weekly check in at the Richland County Court house, and I was being told that if I stepped foot in Shelby Ohio I would be immediately Arrested. All along this was going on my wife was cheating on me in my house and selling off my tools I used to run my business and whatever valuable assets I had. This includes all my guns and ammunition. Which multiple assault rifles, handguns, shotgun, and 700 rounds of ammunition totaling over 7000$, which Shelby PD Officer Sean Nolen and Adam Turner released to her April 4th, 2022, and it is seen on bodycam. Also, in the interview before they came to the residence, Lauren McClain even states to Officer Nolen that she had been charged with domestic Violence when she was 19 years old. I was the victim of that domestic violence, where she had threatened to shoot me in my face and said it was a threat and a promise. You should be able to see now why I had to take a firearm from someone who's threatening themselves and has also threatened me. She had been physically abusing me for months, punching me in the face over non-sense, making arguments so she could leave and go and stay with her X Boyfriend.

These people have dismantled my life. I was in the best position I had ever been in, and they made sure my assets were liquidated, and my spirit was broken to the point I have no determination or desire to work and be productive anymore. My goal is to expose these criminals and to get justice. Lauren McClain violated the federal gun control act of 1968 (Lautenberg amendment 1996). These officers, including the Prosecutor had known of this, as she had even written it in her statement that she has a gun, she even states "My gun". So Shelby Police Department, and the Richland County Prosecutors Office were using "Selective Prosecution", targeting me, and allowing this person who was supposed to be my wife to terrorize me, rob me blind, and both mentally and physically abuse me.

On April 27th, 2022, during the preliminary hearing she had stated for nearly 25 minutes of the proceeding that she had lied on her statement. Prosecutor Metcalf even stated that he "Believed" she wrote in her statement that she said she was going to shoot herself, she went for her gun, and that I had to take it away from her. She corrects Metcalf and states that she said I made a comment about killing myself, but that she never said anything about herself doing so and going for her gun and opening the case which I had to take from her.

I had been building my case and investigating ever since I was finally released from jail August 11th, 2022. My case on the Richland County Common Pleas Court Records Search indicates that the case was "CV DISMISSED BY 41A OR CR BEFORE ARRAIGNMENT. " Shelby Municipal Court website states the charge for Abduction was Dismissed as well, but they had created another charge (M1) Menacing and stated I took a plea, yet I was never notified and given opportunity to attend any plea hearing, nor did I ever sign anything waiving my rights or accepting any plea.

As a prosecutor, his goal was never to "Seek justice", but instead "win convictions", and had done so at the expense of my livelihood, and my good nature. My wife had abandoned the marriage December 22, 2010, when she received her Domestic Violence Charge, and ended up becoming pregnant by one of her affair partners. The last date my wife and I were "together" December 4th, 2022, however she had just had another baby by yet ANOTHER man supposedly September 25th, 2023.

So, it's clear, here is some violations of Rules of Professional Conduct

Rule 3.8: Special Responsibilities of a Prosecutor

(a): A prosecutor shall refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.
If the prosecutor pursued charges without probable cause or based on fabricated evidence, this rule would be violated.

(d): A prosecutor must disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigate the offense.
Failure to disclose exculpatory evidence, such as the recantation of the complainant or evidence that negates the charges, would be a violation of this rule, which is aligned with the U.S. Supreme Court’s decision in Brady v. Maryland.

(e): A prosecutor should not subpoena a lawyer to present evidence about a past or present client unless the information is not privileged, the evidence is essential to the proceeding, and there is no feasible alternative to obtain the information.
If there was misuse of subpoenas or attempts to coerce testimony in violation of privilege, this would fall under this rule.

(f): A prosecutor should not make extrajudicial statements that have a substantial likelihood of heightening public condemnation of the accused.
If the prosecutor made public statements that unduly influenced the perception of your case or heightened public condemnation, this would be relevant.

2. Rule 1.3: Diligence

A lawyer shall act with reasonable diligence and promptness in representing a client.
If the prosecutor was excessively delaying proceedings or not diligently pursuing justice, this rule may have been violated, particularly if the delays served to put undue pressure on you or violate your right to a speedy trial.

3. Rule 4.4: Respect for Rights of Third Persons

(a): In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.
If the prosecutor took unnecessary actions that only served to burden or harass you as the defendant, rather than pursuing the case for legitimate legal purposes, this would be a violation of this rule.

4. Rule 3.4: Fairness to Opposing Party and Counsel

(a): A lawyer shall not unlawfully obstruct another party’s access to evidence or alter, destroy, or conceal a document or other material having potential evidentiary value.
If there was any tampering with evidence, such as the failure to disclose exculpatory information, or if the prosecutor encouraged officers to hide or fabricate evidence, this would directly violate this rule.

(b): A lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.
If the prosecutor knowingly presented false testimony or encouraged a witness, such as the police officer or complainant, to provide perjured testimony, this would clearly violate this rule.

(e): A lawyer shall not intentionally violate any established rule of procedure or evidence.
If the prosecutor violated procedural rules, such as withholding evidence or failing to follow proper legal procedures in the prosecution, it would fall under this provision.

5. Rule 8.4: Misconduct

(b): It is professional misconduct for a lawyer to commit an illegal act that reflects adversely on the lawyer's honesty or trustworthiness.

(c): A lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
If the prosecutor engaged in fraudulent activities, including altering or tampering with evidence, court records, or legal documents, this rule would be relevant.

(d): A lawyer shall not engage in conduct that is prejudicial to the administration of justice.
If the prosecutor’s actions obstructed justice, denied you due process, or demonstrated bias or retaliation, this would be misconduct under this rule.

6. Rule 1.1: Competence

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation necessary for the representation.
If the prosecutor exhibited a lack of competence, such as failing to adequately investigate the case, present necessary evidence, or correctly apply the law, this could be a violation of this rule.

7. Rule 1.7: Conflict of Interest

(a): A lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
If the prosecutor had a conflict of interest that led to unethical behavior or actions that compromised the fairness of the proceedings, this rule would apply. For example, if there was evidence that the prosecutor had personal relationships with law enforcement or the judiciary that biased the case.

I would also like to add, the day that Lauren McClain had come out to the Sponsors house to retrieve the divorce papers, actually fell on the 90th Day (Speedy Trial rights) which I believe was done so purposely. My public defender lied to me telling me it could take 270 days since I was bonded out, that the days converted 1 to 1, instead of 3 for 1 as they were when I was in jail. The 90 Day speedy trial rule, and the 270 days a grand jury has to indict, they run concurrently, but they are still 2 separate Laws/Rules. This also lifts the veil and has shown me that Zushin and Metcalf were colluding/conspiring against me. I have multiple photos of these two as Assistant prosecutors in which clearly anyone would be able to see they are good friends! The fact that the court had tampered with the audio recording for the proceeding on April 27th, 2022, in Shelby Municipal Court is even more concerning, however I will expose and pursue my Lawsuit on all of them it's only a matter of time.