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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Wednesday, January 2, 2019 2:50:23 PM
CASE NUMBER: 2014 CR 03501 Docket ID: 32960916
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY,OHIO
CRIMINAL DIVISION
STATE OF OHIO CASE NO.2014 CR 03501
Plaintiff JUDGE STEVEN K.DANKOF
vs.
MICHAEL R. COHEN MOTION TO OUASH SUBPOENA
Defendant
Now comes Artemis Center for Alternatives to Domestic Violence (hereinafter "Artemis
Center"), by and through counsel, and respectfixlly moves the Court to quash the subpoena served
upon Artemis Center, a copy of which is attached as Exhibit A. A memorandum in support
accompanies this Motion.
Respectfully submitted.
/s/Jennifer L. Brosan
Jennifer L. Brogan(0075558)
6 North Main Street, Ste. 400
Dayton, OH 45402
(937)223-3277 Telephone
(9370 223-6339 Fax
Email: ilb(a).biesersreer.com
Attorneyfor Artemis Centerfor
Alternatives to Domestic Violence
MEMORANDUM
On or about December 19,2018, Artemis Center for Altematives to Domestic Violence
("Artemis Center") received a subpoena from the Adult Parole Authority for "supporting
documents" related to Michael Cohen. Artemis Center is a non-profit agency which provides
services to domestic violence victims and their children. Mr. Cohen is not and never has been a
client of Artemis Center. Artemis Center respectfully requests the Court quash the subpoena for
the following reasons:
1. Any records which Artemis Center may have are privileged under O.R.C. 2317.02
as communication made by a client to a therapist ofa counseling agency, supervised by a
licensed independent social worker(LISW). The Director of Artemis Center, Jane Keiffer, is a
Licensed Social Worker in the State of Ohio. The Clinical Director, Karen McQueaiy,is a
Licensed Professional Counselor in the State of Ohio. As a result, communications to them and
their staff, and records related thereto, are privileged pursuant to O.R.C. 2317.02;
2. Any potential client of Artemis Center has not authorized release ofthe
information;
3. Release ofthe information requested is against public policy and would have a
serious chilling effect on the public trust of Artemis Center, and would thus impair the agency's
ability to carry out its mission. Artemis Center deals regularly with information given by clients
in confidence. If Artemis Center is forced to release confidential information in any given case,
the effect will be that other clients will be discouraged from using the valuable services provided
by Artemis Center for fear that their confidence vkdll be divulged and used against them. Such
forced disclosure ofclient confidences would seriously impede the efforts of Artemis Center on
behalf of victims ofdomestic violence;
In light ofthe foregoing, Artemis Center for Altematives to Domestic Violence hereby
moves to quash the subpoena propounded upon it.
Respectfully submitted.
/s/Jennifer L Broean
Jennifer L. Brogan(0075558)
6 North Main Street, Ste. 400
Dayton, OH 45402
(937)223-3277 Telephone
(9370 223-6339 Fax
Email: ilb(a),biesersreer.com
Attorneyfor Artemis Centerfor
Alternatives to Domestic Violence
CERTIFICATE OF SERVICE
This is to certify that on the 2'"' day of January,2019,a true and correct copy ofthe
foregoing document was electronically filed with the Clerk ofthe Court using the CM/ECF
system and that a true and correct copy ofthe foregoing document was electronically mailed or
by regular U.S. Mail, to the following:
Michael L. Monta
3625 Old Salem Road
Dayton, OH 45415
Email: Zbeard7@aol.com
Attorneyfor Defendant, Michael R. Cohen
Cynthia Mullins
301 W.Third Street
Dayton, OH 45402
Assistant Prosecuting Attorney
Adult Parole Authority
1901 S. Gettysburg Avenue
Dayton, OH 45449
/s/Jennifer L Broean
Jennifer L. Brogan(0075558)
718814
DIVISION OF PAROLE AND COMMUNITY SERVICBS
ADULT PAROLE AUTHORITY
SUBPOENA
Annie D, Artemis Center
DocK.er±i '2-CjiHcRc>2,5(i^
Pursuant to the authority granted me under Section 5149.11, Ohio Revised Code, you are hereby commanded to appear before the
ADULT PAROLE AUTHORITY,or a representative thereof, at the following address:
1901 S. Gettysburg Avenue
Dayton,Ohio 45449
(937)443-7045(please call to confirm)
on the J day of January ,20 19 , at 2:30 o'clock PM , In addition, you are requested
to bring with you and produce the following books, papers, or records:
supporting documents
and thereto testify and give evidence in the following matter under investigation or in question before this AUTHORITY:
Michaei Cohen
As permitted by Section 9.84, Ohio Revised Code, you may be accompanied, represented and advised by an attorney when giving
such testimony. Willful failure to comply with this subpoena may lead to your arrest and prosecution for contempt ofcourt.
SIGNED THIS DAY OF December ,20 ^8 â–
j HcAiibg Officer/Suptr^or Adult Pftfok Aulhohty:
jJjK
This subpoena was Q sent by certified mail, return receipt requested, or
hand delivered to / on I
Heather C. Davis-Head
Signature
DR.C3100E(REV 09/09)
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Wednesday, January 2, 2019 2:50:23 PM CASE NUMBER: 2014 CR 03501 Docket ID: 32960916 MIKE FOLEY CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY,OHIO CRIMINAL DIVISION STATE OF OHIO CASE NO.2014 CR 03501 Plaintiff JUDGE STEVEN K.DANKOF vs. MICHAEL R. COHEN MOTION TO OUASH SUBPOENA Defendant Now comes Artemis Center for Alternatives to Domestic Violence (hereinafter "Artemis Center"), by and through counsel, and respectfixlly moves the Court to quash the subpoena served upon Artemis Center, a copy of which is attached as Exhibit A. A memorandum in support accompanies this Motion. Respectfully submitted. /s/Jennifer L. Brosan Jennifer L. Brogan(0075558) 6 North Main Street, Ste. 400 Dayton, OH 45402 (937)223-3277 Telephone (9370 223-6339 Fax Email: ilb(a).biesersreer.com Attorneyfor Artemis Centerfor Alternatives to Domestic Violence MEMORANDUM On or about December 19,2018, Artemis Center for Altematives to Domestic Violence ("Artemis Center") received a subpoena from the Adult Parole Authority for "supporting documents" related to Michael Cohen. Artemis Center is a non-profit agency which provides services to domestic violence victims and their children. Mr. Cohen is not and never has been a client of Artemis Center. Artemis Center respectfully requests the Court quash the subpoena for the following reasons: 1. Any records which Artemis Center may have are privileged under O.R.C. 2317.02 as communication made by a client to a therapist ofa counseling agency, supervised by a licensed independent social worker(LISW). The Director of Artemis Center, Jane Keiffer, is a Licensed Social Worker in the State of Ohio. The Clinical Director, Karen McQueaiy,is a Licensed Professional Counselor in the State of Ohio. As a result, communications to them and their staff, and records related thereto, are privileged pursuant to O.R.C. 2317.02; 2. Any potential client of Artemis Center has not authorized release ofthe information; 3. Release ofthe information requested is against public policy and would have a serious chilling effect on the public trust of Artemis Center, and would thus impair the agency's ability to carry out its mission. Artemis Center deals regularly with information given by clients in confidence. If Artemis Center is forced to release confidential information in any given case, the effect will be that other clients will be discouraged from using the valuable services provided by Artemis Center for fear that their confidence vkdll be divulged and used against them. Such forced disclosure ofclient confidences would seriously impede the efforts of Artemis Center on behalf of victims ofdomestic violence; In light ofthe foregoing, Artemis Center for Altematives to Domestic Violence hereby moves to quash the subpoena propounded upon it. Respectfully submitted. /s/Jennifer L Broean Jennifer L. Brogan(0075558) 6 North Main Street, Ste. 400 Dayton, OH 45402 (937)223-3277 Telephone (9370 223-6339 Fax Email: ilb(a),biesersreer.com Attorneyfor Artemis Centerfor Alternatives to Domestic Violence CERTIFICATE OF SERVICE This is to certify that on the 2'"' day of January,2019,a true and correct copy ofthe foregoing document was electronically filed with the Clerk ofthe Court using the CM/ECF system and that a true and correct copy ofthe foregoing document was electronically mailed or by regular U.S. Mail, to the following: Michael L. Monta 3625 Old Salem Road Dayton, OH 45415 Email: Zbeard7@aol.com Attorneyfor Defendant, Michael R. Cohen Cynthia Mullins 301 W.Third Street Dayton, OH 45402 Assistant Prosecuting Attorney Adult Parole Authority 1901 S. Gettysburg Avenue Dayton, OH 45449 /s/Jennifer L Broean Jennifer L. Brogan(0075558) 718814 DIVISION OF PAROLE AND COMMUNITY SERVICBS ADULT PAROLE AUTHORITY SUBPOENA Annie D, Artemis Center DocK.er±i '2-CjiHcRc>2,5(i^ Pursuant to the authority granted me under Section 5149.11, Ohio Revised Code, you are hereby commanded to appear before the ADULT PAROLE AUTHORITY,or a representative thereof, at the following address: 1901 S. Gettysburg Avenue Dayton,Ohio 45449 (937)443-7045(please call to confirm) on the J day of January ,20 19 , at 2:30 o'clock PM , In addition, you are requested to bring with you and produce the following books, papers, or records: supporting documents and thereto testify and give evidence in the following matter under investigation or in question before this AUTHORITY: Michaei Cohen As permitted by Section 9.84, Ohio Revised Code, you may be accompanied, represented and advised by an attorney when giving such testimony. Willful failure to comply with this subpoena may lead to your arrest and prosecution for contempt ofcourt. SIGNED THIS DAY OF December ,20 ^8 ■j HcAiibg Officer/Suptr^or Adult Pftfok Aulhohty: jJjK This subpoena was Q sent by certified mail, return receipt requested, or hand delivered to / on I Heather C. Davis-Head Signature DR.C3100E(REV 09/09)