Grievance Filed To Disbar Daniel R. Swetnam
(with the additional evidence requested by the Supreme Court of Ohio)

As documented on the Internet web site ABCsOfBetrayal.com, the administrators at Worthington Christian Schools (WCS) and Grace Brethren Church (GBC) (i.e. Grace Polaris and Grace Powell) along with their Schottenstein, Zox, and Dunn (SZD) (now Ice Miller LLP) attorney Daniel R. Swetnam got caught while harboring several repeat child molesters during the private school's 10-year Conspiracy of Criminal Negligence, Deception, Fraud, and Cover-Ups that they committed against thousands of consumers involving millions of dollars.

The Supreme Court of Ohio said that to disbar Swetnam, they needed proof that Swetnam was indeed working as the attorney for WCS/GBC while taking part in those serious crimes. After the Supreme Court of Ohio suggested that a parent contact the SZD law firm to get answers to questions about those serious crimes committed by SZD lawyer Swetnam, the parent was (fortunately) prosecuted by Prosecutor Robert S. Tobias (who refused to prosecute Swetnam and his clients) and was able to get the proof that the Supreme Court of Ohio needed to disbar Swetnam. That proof was provided by Swetnam himself under oath in a court of law as documented in those court transcripts as presented below:

CICERO QUESTION:

“Now, if I ask you if you gave legal advice to Worthington Christian Schools or Grace Brethren Church about any teachers or staff or administrators with regard to any allegations of child molestation or inappropriate behavior with a student or inappropriate emotional feelings for a student, would your answer be now that you can't without violating an attorney/client privilege?”
SWETNAM RESPONSE:
“Yes. That goes to the essence of the attorney/client privilege.”
That is, if Swetnam was not serving as their attorney providing legal advice, he could not claim attorney/client privilege as he did.

NOTE:

On January 24, 2011, the SZD law firm and Swetnam also managed to have that parent put in jail.
However, on February 1, 2011 after 9 days in jail, Judge David B. Tyack released the parent from jail and
dropped the entire matter against the parent.

See Corruption Exposed By A Parent and Your Tax Dollars At Work for more information.


Grievance Filed With The Evidence Requested By The Supreme Court Of Ohio

October 30, 2014

[REDACTED]

Scott Drexel, Disciplinary Counsel
Office of Disciplinary Counsel
Supreme Court of Ohio
250 Civic Center Drive, Ste. 325
Columbus, Ohio 43215-7411
Phone: 614-461-7205

Mr. Drexel:

This grievance is being filed against lawyer Daniel R. Swetnam (Supreme Court ID: 0011022) for misconduct as defined in the Supreme Court of Ohio’s Code Of Professional Responsibility, Disciplinary Rule (DR) 1-102 MISCONDUCT. In particular Swetnam has violated the following rules in DR 1-102 section (A) A lawyer shall not:

(3) Engage in illegal conduct involving moral turpitude.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(6) Engage in any other conduct that adversely reflects on the lawyer's fitness to practice law.
In addition to the serious misconduct stated above for Deceit and Fraud, Swetnam participated in and gave legal advice for the Conspiracy of Criminal Negligence and Cover-Ups relating to that Deceit and Fraud in regard to several repeat child molesters that were employed as teachers and coaches at the private school that Swetnam is the attorney for. These crimes were committed deliberately and continuously for over 10 years against thousands of consumers involving millions of dollars. Fortunately, the Columbus Dispatch newspaper caught Swetnam and his clients while committing those crimes.

During previous conversations with the Supreme Court of Ohio, Amy Stone informed me that to have Swetnam disbarred, we need proof that he was working as the attorney for the school and giving legal advice while committing these crimes. We have solid proof of that as stated by Swetnam himself in a court of law while under oath.

Swetnam and the law firm he works for, Schottenstein, Zox, and Dunn (SZD) (now Ice Miller LLP), managed to have me prosecuted for simply asking two questions, the first as suggested by the Supreme Court of Ohio, about those serious crimes. During the court proceedings, the proof needed to disbar Swetnam was provided by Swetnam himself as documented in the court transcript for Case No. 2009 CRB 017356 on January 12, 2010, which includes the following:

CICERO QUESTION:

“Now, if I ask you if you gave legal advice to Worthington Christian Schools or Grace Brethren Church about any teachers or staff or administrators with regard to any allegations of child molestation or inappropriate behavior with a student or inappropriate emotional feelings for a student, would your answer be now that you can't without violating an attorney/client privilege?”
SWETNAM RESPONSE:
“Yes. That goes to the essence of the attorney/client privilege.”
That statement by Swetnam in court under oath proves that he was indeed working as the attorney giving legal advice during that 10-year Conspiracy of Criminal Negligence, Deception, Fraud, and Cover-Ups that they committed against thousands of consumers involving millions of dollars.

Note too that Swetnam and SZD also eventually managed to have me put in jail for 9 days. However, Judge David B. Tyack released me from jail and dropped the entire matter against me on February 1, 2011.

Enclosed is the required Grievance Form and associated documentation. All documentation and audio recordings are included on the enclosed USB Flash Drive.


CRIMES COMMITTED

Daniel R. Swetnam is the attorney for Worthington Christian Schools (WCS) where he along with the WCS and Grace Brethren Church (GBC) administrators, all hereafter referred to collectively as “the defendants”, got caught while harboring several repeat child molesters during the 10-year Conspiracy of Criminal Negligence, Deception, Fraud, and Cover-Ups that they committed against thousands of consumers involving millions of dollars.

The defendants began committing these crimes in 1996 when WCS teacher and coach Dwayne Smith, son of the then WCS Superintendent Taylor Smith (later Vice President of Executive Support at Association of Christian Schools International (ACSI)), got caught repeatedly molesting a student. The defendants were also aware from at least 2002 that WCS teacher and coach Jason Crary had repeatedly molested a student of his in Wisconsin. They were also aware for many years that the WCS Superintendent Bill Williams had been accused several times of child molestation as well as sexual harassment.

Dwayne Smith repeatedly molested a 13-year-old student of his in 1996 and the Franklin County Children Services (FCCS) findings were that Smith’s "sexual misconduct was substantiated". The Worthington Chief of Police, Michael E. Mauger, wrote that “The Worthington Division of Police was not contacted by Children Services nor did they respond to us about the incident when we sent a letter asking for additional information.”. The defendants rehired Smith, an admitted and confirmed (by FCCS) repeat child molester, in 1999. Several years after Smith’s supposed “confession, counseling, forgiveness, accountability, and eventually restoration”, Smith blamed his 13-year-old victim for those molestations by saying: “She had been coming on to me for a while”, as reported in the Columbus Dispatch newspaper of October 17, 2007.

Jason Crary repeatedly molested a 16-year-old student of his in the late 1990’s while teaching and coaching at Heritage Christian Schools (HCS) in Wisconsin. The Superintendent of HCS, Tom Wittkamper, called and warned the defendants about Crary in 2002. Less than one week after the defendants got caught on October 17, 2007 in regard to Smith, Crary was arrested at WCS High School on October 23, 2007 and was later convicted and went to prison for those child molestations. It was learned that Crary had repeatedly molested his victim while occasionally drugging her with Aleve and red wine. For Milwaukee County Case Number 2007CF005140, the Milwaukee Police Department secretly recorded Jason Crary stating that he informed WCS of his crimes in 2002 or sooner.

Bill Williams, the WCS Superintendent, had been accused several times of molesting at least one student and he claims that it was merely an “inappropriate emotional attachment” with the student as reported in the Columbus Dispatch newspaper of March 1, 2008.

It must be made clear that we parents had no clue that WCS was employing repeat child molesters to teach and coach our children. The statement below was secretly recorded in March 2006 (over a year and a half before the defendants got caught) as the defendants acknowledged between one another that there was indeed a “big-time liable” “risk” to the students by the admitted and confirmed repeat child molester Dwayne Smith. Note too that the defendants had also been warned about the repeat child molester Jason Crary and they were also aware of the child molestation issues with Bill Williams when the statement below was made as reported in the Columbus Dispatch newspaper of Wednesday, October 17, 2007:

"We understand that if something happens between Dwayne and a student, we will be big-time liable,"
executive pastor Jim Augspurger said on the recording.
"That's a risk we take. I think before God we did the right thing and it may not be the worldly, may not even be the most prudent thing, but it is something we have done,"
he said.
"We've wiped the slate clean. I understand the situation it puts us in."
The statements below were made by Daniel R. Swetnam about that child molester in the same Columbus Dispatch newspaper story:
"We think Dwayne is a great teacher, a great coach. He's an outstanding person to have here,"
said the school's attorney, Daniel R. Swetnam.
"We didn't want to arbitrarily throw someone under the bus."
And:
"There's no dispute that Dwayne acknowledged and confessed his sins,"
Swetnam said.
"We recognize that all of us are sinners. We're not going to just throw him or anyone else overboard."
There is indeed a “dispute” in that the “confession” is when the “Conspiracy to Deceive” by the defendants began back in 1996. It is important to understand that only a very small percentage of WCS parents attend(ed) that particular church and the few who did attend and were present during that “confession” have stated that they were misled into believing that the “confession” was for an adulterous affair with a consenting adult and NOT for repeatedly molesting a 13-year-old student for which Smith later blamed her for it as reported in that Columbus Dispatch newspaper story.

Note the information below from Judi Welsh in that same Columbus Dispatch newspaper story about that confession that Swetnam claims there is "no dispute" over:

Welsh remembered the day in 1996 when Smith asked the Grace Brethren congregation for forgiveness but did not explain what he had done.
As stated by Greg Rank in the Columbus Dispatch newspaper of Monday, October 22, 2007:
"My children are students at WCS and I am very grateful that you have brought this to our attention,"
parent Greg Rank wrote in an e-mail to The Dispatch.
"My wife and I had no idea about this situation."
We parents only learned the facts about Dwayne Smith when the defendants got caught by the Columbus Dispatch newspaper as reported on October 17, 2007; we only learned the facts about Jason Crary when he got arrested at the school a few days later; and we only learned the facts about Bill Williams after rumors surfaced and were confirmed a few days after that.

The defendants clearly understood that if we parents learned that our children were being taught and coached by repeat child molesters, we would have immediately removed our sons and daughters from the school and stopped paying money to WCS (approximately $60,000 per student for pre-school to grade 12). The defendants conspired to cover-up their crimes for over 10 years while their repeat child molesters continued to be led into temptation to molest again while the consumers were being deceived and defrauded about it. Thus, the defendants conspired to deceive and defraud literally thousands of unsuspecting consumers out of millions of dollars over the years.

Despite the overwhelming and irrefutable evidence against the defendants, they misappropriated more of the money intended to educate the students by paying for a bogus investigation that foolishly states that:

“WCS has never attempted to cover up any improper acts”.
However, after that bogus report came out, Brian Penn, who attended some of the cover-up meetings, publicly stated the following on February 28, 2008 while being recorded that the defendants were covering up the fact that one of the child molesters had repeatedly molested a 13-year-old student against her will and did not merely have an adulterous affair with a consenting adult:
"I was a Lead Pastor here for eight years and a Director Of Junior High Youth Ministries in the past. This is a Watergate. The church covered it up. I was in the meetings. I've known all these years that it was a student. And I was told to get back to wiping noses and not to let it out."


CRIMES REPORTED TO POLICE AND PROSECUTOR

The 10-year Conspiracy of Criminal Negligence, Deception, Fraud, and Cover-Ups that the defendants committed against thousands of consumers involving millions of dollars was reported to the Worthington Police Department and the proper Prosecutor’s Office.

Incredibly, the response from John W. Slaughter of the Criminal Investigations Unit of the Worthington Division of Police about this matter was summed up in the sentence he wrote below:

"Additionally, if at the time you felt deceived or defrauded, you could have simply removed your child from the school."
That is clearly absurd. We were obviously being "deceived" and we did not know it (refer to the definition of the word "Deception"); otherwise, as any decent parent would have done, we would have immediately removed our child from the school and stopped paying money to WCS but we were obviously being "defrauded" (refer to the definition of the word "Fraud").

The Director of Prosecution Resources, Robert S. Tobias, claimed the following in an email message on July 31, 2009:

“Our response to your inquiry has not changed. Your claim was never denied by our office. Rather, you chose not to follow up with the Worthington Police Department as we had advised you to do.”
That is completely false. I informed Tobias that I did indeed follow up (several times) with the Worthington Police Department as I was advised to do and provided them with the overwhelming and indisputable evidence.


DANIEL R. SWETNAM DISBARMENT

After (now Governor) John Kasich refused to respond to my email messages and letters and failed to do anything about these serious crimes that were committed against both of our families and thousands of others by the defendants, I began working with the Supreme Court of Ohio to have Daniel R. Swetnam disbarred. Note too that I also wrote to Kasich’s Campaign Manager as well as (now Lieutenant Governor) Mary Taylor and they too refused to respond.

Amy Stone at the Supreme Court of Ohio informed me that to have Swetnam disbarred, we needed proof that he was indeed working as the attorney for the school while committing these crimes. She also informed me that there is no statute of limitations for lawyer disbarment for misconduct. Amy also suggested that I find out if it is the policy of Schottenstein, Zox, and Dunn (SZD) (now Ice Miller LLP) to defend their lawyers (i.e. Swetnam) who are guilty of serious misconduct. I also wanted to find out if anyone else at SZD, besides Swetnam, was aware of these serious crimes before the defendants got caught. I followed Amy’s suggestion and contacted SZD to get the answers to those two simple questions.

Instead of answering those two simple questions, the SZD lawyers Jay Dingledy and Daniel R. Swetnam chose to use and abuse the court system by filing frivolous complaints against me. Incredibly, I was prosecuted by Robert S. Tobias, who refused to prosecute the defendants, for simply asking two questions, the first question as suggested by the Supreme Court of Ohio, about those serious crimes committed against me and my family and thousands of others involving millions of dollars.

During those court proceedings, the proof that the Supreme Court of Ohio needed to prove that Swetnam was indeed working as the attorney for the school while committing these crimes was provided by Swetnam himself under oath as documented in the court transcript for Case No. 2009 CRB 017356 on January 12, 2010, which includes the following:

CICERO QUESTION:

“Now, if I ask you if you gave legal advice to Worthington Christian Schools or Grace Brethren Church about any teachers or staff or administrators with regard to any allegations of child molestation or inappropriate behavior with a student or inappropriate emotional feelings for a student, would your answer be now that you can't without violating an attorney/client privilege?”
SWETNAM RESPONSE:
“Yes. That goes to the essence of the attorney/client privilege.”
That statement by Swetnam in court under oath proves that he was indeed working as the attorney giving legal advice during that 10-year Conspiracy of Criminal Negligence, Deception, Fraud, and Cover-Ups that they committed against thousands of consumers involving millions of dollars.

The SZD lawyers Jay Dingledy and Daniel R. Swetnam then tried desperately to have me put in jail; first for following the suggestion by the Supreme Court of Ohio, then again over the definition of the word “title”, then again because I contacted appeal attorneys, then again because a newspaper published a Letter To The Editor that I wrote, and yet again for distributing purely factual political information.

Then, on January 24, 2011, those SZD lawyers managed to have me put in jail for informing the public about a group of committed people who discover and alert the public about child molesters and about organizations that knowingly endanger children while harboring child molesters.
Finally, on February 1, 2011 after 9 days in jail, Judge David B. Tyack released me from jail and dropped the entire matter against me.

The incredible corruption and wasted tax dollars are documented on the Internet web pages ‘Corruption Exposed By A Parent’ at ABCsOfBetrayal.com/Corruption.htm and ‘Your Tax Dollars At Work’ at ABCsOfBetrayal.com/TaxDollars.htm.


EXAMPLES OF EVIDENCE FOR EACH CRIME COMMITTED

Refer to ABCsOfBetrayal at: Examples Of Evidence For Each Crime Committed.


DOCUMENTS CONTAINING EVIDENCE

Refer to ABCsOfBetrayal at: Publicly Available Information.


REQUEST TO DISBAR DANIEL R. SWETNAM

Now that we have the required proof (as provided by Swetnam himself in a court of law under oath in his own words) that Swetnam was indeed working as an attorney giving legal advice while committing these crimes with his clients, I request that the Supreme Court of Ohio now disbar Daniel R. Swetnam for serious misconduct and crimes committed against thousands of consumers for over 10 years involving millions of dollars. The contact information for Swetnam follows:

[REDACTED]

I look forward to meeting you and I will testify against Daniel R. Swetnam during the public hearing by the Board of Commissioners on Grievances and Discipline, an independent board appointed by the Supreme Court of Ohio.

Thank you for your time and efforts in this very serious matter,
[REDACTED]


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