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Disciplinary Counsel v. O'Neill9/7/2004
se." "...one of the reasons why Miss Freeman was so upset, she didn't want to miss another day of work. And if she (Judge O'Neill) wasn't going to give it to her in the first incident, I don't know why she's (Judge O'Neill) saying, "I told her she could come back and I'd give it to you tomorrow". ..." (Transcript Vol. IX -- 86-87)
167. Judge O'Neill was asked about the contradictions between the actual record of the hearing and what she wrote about the record in her memorandum to Judge Cain. She stated had not seen the actual transcript of the Freeman hearing until discovery in this disciplinary proceeding and the memo was based on what she remembered when she wrote the memorandum. (Transcript Vol. X -- 304-305)
168. BIGGS: Testimony taken from Robert Schopis (defense attorney)(Transcript Vol. IX -- 8-70)), Judge O'Neill (Transcript Vol. XI -- 9-29) (Exhibits 424-453)
169. Tracy Lee Biggs was indicted on one count of possession of Cocaine, an F-5. She was represented by Robert Schopis (admitted 1982, Franklin County public defender). Biggs refused the plea offered at the pretrial and the case was set for trial on Judge O'Neill's docket on August 7, 2000. Schopis had a one-month vacation set which conflicted with that date, therefore Judge O'Neill granted a continuance until September 4, 2000, the day Schopis was scheduled to return to his office. Schopis asked that the trial be reset to September 5 and Judge O'Neill refused. During Schopis' vacation a series of entries are sent on July 26, August 3, August 16 by the Franklin County Common Pleas Court Assignment office rescheduling either the trial or a motion in the Biggs case for September 4 or 5, 2000. (Exhibits 428, 431, 432, 434 and 435)
170. Schopis returned from his vacation and was in his office on Sunday and learned that the Biggs trial was set for September 5th but he appeared in Judge O'Neill's courtroom on September 4, 2000 to be certain. Schopis met Marla Farbacher, the prosecutor who was handling the trial who confirmed that she had subpoenaed witnesses for trial on September 5, 2000. (Exhibit 433).
171. On the morning of September 4, 2000 Schopis testified that Judge O'Neill took the bench and announced that the trial would start that day. Judge O'Neill threatened to issue a capias and bond forfeiture for Biggs if she did not appear that day. Schopis called Biggs who made the 2 hour drive from Ray, Ohio to Columbus and arrived at court around 1:00 pm. At that time Judge O'Neill was in another proceeding, so Biggs sat with Schopis in the front seat of the gallery. After some time Judge O'Neill's bailiff sent back to Schopis an entry signed by Judge O'Neill that stated that "on the motion of the defendant. because the defendant was late and by the time she arrived the Court was in a 2 co-defendant criminal trial, the trial is continued to September 25." (Exhibit 436)
172. On September 25, 2000 the suppression hearing and trial began for Biggs. (Exhibit 450) At close of trial that day Judge O'Neill warned the jury that there was a large docket the next morning and that there would be frequent interruptions in the morning. On September 26, Schopis checked in at 9:00 am, Judge O'Neill was not present and Biggs was not present and the courtroom was full of people for the criminal docket. Schopis left to do other assignments, checked back in before noon and Judge O'Neill was on the bench doing the criminal docket. Schopis met Biggs outside the courtroom who advised him Judge O'Neill was "madder than hell." Biggs explained that because of a car breakdown and bus schedules she had arrived about 10:00 am. Biggs' trial concluded the next day with a guilty verdict. Judge O'Neill proceeded t
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