Attorney - Joseph Nigh - False "Evidence"
Case # 09-DR-4727 - September 2011 ECO Hearing
Below is an exerpt from the Bar grievance against Joseph Nigh:
Attorney Joseph Nigh lied and misled the Franklin County Domestic Courts by asking his sole witness, therapist Dawn Gross, questions about things he represented to Ms. Gross that the Plaintiff/mother, allegedly wrote in pleadings when in actuality, the mother never once attributed or referenced such a statement to Ms. Gross. Mr. Nigh made it up. (See page 52, lines 4-7 and lines 15-24 of Dawn Gross' September 9, 2011 transcripts that were provided with grievance). Mr. Nigh will not be able to produce the pleadings, or any documents from these proceedings to justify the blatant misconduct in which he alleged to “quote” the mother based on statements that he used to intentionally mislead his own witness, and to mislead the court. Mr. Nigh feigned as though he was reading from a pleading; a pleading that does not exist. The quotes referred to by Mr. Nigh are on page 52, lines 4-7 of Dawn Gross testimony do not actually exist. :
Q. Did you [witness, Dawn Gross] make certain that the investigations conducted by Fairfield County, were quote, deliberately mishandled, closed quote?
and references in lines 15-24 do not exist: (09-DR-4727) Case number for transcripts September 2011 ECO hearing)
Q. (Mother's name) put in a pleading that you [witness, Dawn Gross] made certain that the investigations done by Fairfield County was deliberately mishandled. Do you feel that you made any actions or statements which caused Fairfield County to deliberately mishandle any investigation regarding (child's name withheld)?
The mother never once in any pleading suggested that Dawn Gross “made certain” that any investigations were mishandled, and in no context can it even be inferred. Joseph Nigh simply misled the witness and the court, by making up facts and slandering the mother. Mr. Nigh tainted the accuracy of the proceedings and misled Ms. Gross. A lot of the problems with Ms. Gross' testimony are the result of how Joseph Nigh misled her as his witness, and purposefully lied about the words of the mother. Mr. Nigh intentionally put forth false evidence on the record in court. It is very serious and dangerous that Mr Nigh purposefully misled his witness and the court in any type of case, but especially in a case involving suspected child abuse. The therapist is on the Record for saying that the mother's concerns about Mr. Gemmer were "genuine." Ms. Gross had caused the 2nd sexual abuse investigation of Edward Gemmer when she made repeated calls to children services about his conduct. She also sent an email to Edward Gemmer suggesting that the child could bath herself. But, after being contaminated by Nigh and Mary Beth Kelleher Fisher, the therapist was reluctant to admit her prior concerns about the defendent or that she had called children services. Before the case closed Dawn Gross said she had deleted all email communications when she was subpoenaed to return to court.
More importantly, Dawn Gross testified that the mother's concerns were "geniune" and this statement was not in the Magistrate Elliot's Temporary Orders.
(See section -Magistrate Elliott - Incompetent. He allowed the false evidence and over ruled the mother's objection. )
After complaint letters were filed and transcripts were ordered Judge Kay Lias forced a joint settlement of the case 50/50 legal and the mother has the majority parenting time. Edward Gemmer signed an incriminating Shared Parenting Plan prohibiting the vary issues that had been brought against him.
During 2011 Edward Gemmer and Mary Beth Kelleher Fisher repeatedly pled the Fifth throughout multiple hearings.
Attorney Joseph Nigh is also a guardian ad litem. In my opinion, and the opinion or our growing supporters, Joseph Nigh should not be appointed to cases as GAL or practice law in the State of Ohio. What he did was shameful and unethical. He may do it again to another attorney. He has connections at the Ohio Disciplinary Counsel that protected him, and he got away with lying in court, falsifying evidence, and with filing a false bar complaint in Ohio that was dismissed. And, Florida's Bar conclusion was not at all what Joseph Nigh had intended.
The only piece of evidence used by the Florida Bar Committee against my grandson (former pro hac vice, Attorney Ali Shakoor was Judge Kay Lias' Decision and Entry on July 22, 2011 where she ultimately protected Ohio attorneys who lied in court to protect Edward Gemmer, a father who ended up signing an incriminating Shared Parenting Plan. (Gemmer later was found in Contempt of Court on July 11, 2014 for interference with custody by Judge Lias)
After a thorough investigation not one entity in Ohio, or the Florida Bar committee and its referee, concluded that a member of our family was "dishonest" or had "selfish motives." The initial recommendation was a simple "admonishment." But, Florida's caselaw now supports a public reprimand for making "disparaging" comments in pleadings about corruption in Franklin County Domestic Courts that Magistrate Elliot and Judge Kay Lias actively allowed as they protected Ohio colleagues. Joseph Nigh was comfortable enough to place Magistrate Elliot's name on a false bar complaint in the middle of a hearing, then later put forth false evidence before the magistrate, and where GAL Fisher fabricated two interim reports. Of course, this sanction against my grandson is nothing compared to being an absolute corrupt attorney and guardian in Franklin County Domestic Courts where 09-DR-4727 never should have been heard. All other judges in 2009 recused but "visiting" Judge Kay Lias, and she has been on the bench in the same courthouse for many years.
The "mitigating factors" stated on the record by the Florida Bar and Referee regarding my grandson's "character" is exemplary of a fine attorney, and I am extremely proud of him. There were "no aggravating factors."
Joseph Nigh is absolutely corrupt, disrespectful to the court, and he maliciously lied and failed to destroy my grandson's stellar law career when it was his own unethical, dirty, and bullying tactics that caused nothing but corruption in 09-DR-4727. If Joseph Nigh's client, Franklin County Public Defender Edward Gemmer was innocent of "grey-area" sexual abuse there would have been no need for Joseph Nigh to taint and question their ONLY witness, the child's therapist with false "evidence." There would have been no need for GAL Mary Beth Kelleher Fisher or for Joseph Nigh to receive and manipulate (out context) stolen email communications. There would have been no need for him to file a grievance in the middle of a hearing, and place the magistrate's name on a bar complaint.
Before the court case closed therapist Dawn Gross deleted all communications between Nigh, Fisher, and Gemmer.
Magistrate Elliot stated on the record that he did not know what he would tell the Florida Bar Committee. He also stated that he did not give Joseph Nigh permission to place his name on a bar complaint.
On July 11, 2014, Edward Gemmer was found to be in contempt of court.
Judge Kay Lias - Decision and Entry - Interference with custody and denying the mother telephone access to the child. 09-DR-4727 - Edward Gemmer ADMITTED that he lied and deceived the mother.
"The defendant having been found by clear and convincing evidence to be in contempt of court, the court ORDERS a jail sentence of thirty days, suspended if defendant purges his contempt by restoring thirty-six and one-half hours of parenting time he prevented plaintiff from exercising and six additional hours of parenting time as penalty for not providing communicative access between plaintiff and the child for a total of forty-two and one-half hours of parenting time. The hours are to be provided to plaintiff on defendent's Sunday evenings from 6:00pm overnight until he has purged his contempt.
Defendant is further ORDERED to reimburse plaintiff the filing fee she incurred and all other court cost including court reporter costs.
IT IS SO ORDERED"
Judge Kay Lias
Sitting by assignment
Joseph Nigh's client's father was prosecuted for his criminal involvement during 09-DR-4727.
In the spring of 2011, Edward Gemmer's s father's Gary Gemmer was prosecuted in Scioto County Courts. The original charge on September 27, 2010 was ASSAULT against the mother. He attacked a pregnant mother when he interfered with custody. His wife, and Edward Gemmer's mother, Kathleen Simon was his accomplice.
The accounts of these events are well-documented in Franklin County Domestic Courts and Scioto County Court Records. Gary Gemmer was sentenced to a First Offender's program on July 26, 2011 at 10:30AM.
Despite all the cruel and outrageous lies told in court, affidavits and bar grievances by GAL Fisher and Joseph Nigh to protect Franklin County Public Defender, Edward Gemmer, no one in our family was ever criminally charged, investigated, or prosecuted for wrong-doing.