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Disciplinary Counsel v. O'Neill9/7/2004
and husband. Waiting in the courtroom, she observed Judge O'Neill's demeanor as varied, from just facts and business and then screaming and yelling at persons appearing before her. Cox informed her lawyer, Ronald Janes that she won't accept the plea, which had been previously offered. This was a disposition day in Courtroom 9A. When her case was called Cox observed Janes and the prosecutor approach the bench. Cox saw Judge O'Neill become irate, and she heard something about "dispo day". The court transcript records that Judge O'Neill chastised counsel for appearing on a disposition case with a case that Janes had assured the court would be a plea. (Exhibit 116 p. 1-5) In a later sidebar conference Cox heard Judge O'Neill say in a loud and harsh tone that if trial started Cox would sit until jail until every witness was called. (Transcript Vol. II - 244)
49. Cox had later discussions with Janes and was told her options were to plea to original felony offer or sit in jail during trial and possibly the judge's vacation and face more jail time if she was convicted. Cox felt she had no choice with a baby at home she was nursing. She plead to the indictment and was sentenced to probation. (Transcript Vol. II - 244-246) (Cox visibly lost her composure while testifying to these events at this disciplinary hearing). Four days after her plea she filed a written grievance with the Columbus Bar which stated "Judge O'Neill became enraged and said that we would go to trial today and that I could sit in jail until all witnesses were contacted if we had to do the trial one hour a day. I would have my bond revoked and I would stay in jail until the trial was complete if I did not accept a plea bargain." (Exhibit 115) The grievance was considered to be filed against Janes since Cox listed him as "the respondent" on the grievance form.
50. Prosecutor Ronald Welch (admitted in 1998, with the Franklin County Prosecutor since 1999) appeared that morning as a last minute substitute for assigned prosecutor, also believed it would be a plea. When Cox rejected the plea, Welch told Judge O'Neill he was not prepared for trial and he asked for a continuance. Judge O'Neill told Welch, "in no uncertain terms that it was my file. I was going to try the case." (Transcript Vol. II - 270) Welch then offered a misdemeanor plea and Cox refused. At the next sidebar Welch testified Judge O'Neill became more belligerent and screaming. Judge O'Neill stated "we were going to proceed to trial, that if Mr. Janes' client chose to go forward with the trial that she would revoke her bail, that she would then be taken into custody and that there would be no one to take care of her child." (Transcript Vol. II - 272-273)
51. Judge O'Neill testified that while the Cox case was scheduled on a disposition day, she was not upset or angry when Cox didn't want to accept a plea and go to trial. The docket was free for the afternoon, a trial was no problem at all and she advised the parties to notify her bailiff to request a jury for after lunch. (Transcript Vol. VI -- 171-172) As to the testimony that she would revoke Cox's bond, she maintained that was incorrect. She testified that she observed Cox in the courtroom that morning and that she was "agitated" and "disruptive" with "a lot of in and out activity". She believed despite Cox's family status she was a flight risk. She also recalled "vividly" that Janes at a sidebar conference disclosed that Cox and another daughter were putting significant and inappropriate pressure on the victim to drop her charges and that Cox was requesting a continuance of the trial. (Transcript Vol. VI -- 172-173) As to any statement about revoking bond she testified, "I said to Mr. Janes and Mr. Welch, on maybe
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