State v. Baumgartner [1]

Elsebeth Baumgartner and Bryan DuBois co-ran a blog called "Erie Voices," which posted articles and commentary alleging misconduct about local officials in a number of counties in Ohio.

In June 2005, Baumgartner and Dubois were indicted in Cuyahoga County court for intimidation, retaliation, and possession of criminal tools. The charges related to emails that Baumgartner and DuBois allegedly sent to a retired judge who had previously presided over a libel case in which Baumgartner was a defendant.

Baumgartner and DuBois were re-indicted in Cuyahoga County in August 2005, when the prosecution added a harassment charge based on emails sent to the retired judge's children after the initial indictment.

DuBois pled guilty to separate charges against him in Ottowa County and agreed to testify against Baumgartner in her trial. As a result of this deal, the charges against him in the Cuyahoga County action were dropped.

During the pendency of the criminal action, Baumgartner allegedly began threatening and harassing DuBois and his wife through postings on the Erie Voices blog. In February 2006, police in Ottowa County obtained a search warrant [2] for Baumgartner's home seeking documents and computers related to Baumgartner's online activity. The blog was eventually shut down.

Baumgartner was convicted on multiple counts of intimidation and retaliation and sentenced to eight years in prison. She is appealing her conviction, and her sentence is stayed pending appeal.

Update:

5/11/2008 - According to the North County Gazette, Baumgartner was imprisoned after violating the terms of her stay of sentence. The court prohibited her from filing any new cases as a conditon of her release, but she filed a civil rights case in federal court on April 7, 2008.