Asbury (no longer on the) Radio aslo reported:

Baumgartner, a watchdog and constant critic of the city's boards and 
consultants, attracted the occasional fines for violations on his property on 
Fifth Avenue. But the summonses billowed out of control after city officials 
gained access to his residence following a 911 call that police in Howell 
interpreted to be naming Baumgartner's home address.

Form this I get the impression that there were violations prior to the call of 
a body in the basement.  Is this true?


----- Original Message ----
From: "[EMAIL PROTECTED]" <[EMAIL PROTECTED]>
To: AsburyPark@yahoogroups.com
Sent: Sunday, September 2, 2007 5:05:28 PM
Subject: [AsburyPark] Re: Werner Confined 22 hrs/day

Just got another call from Werner.
He was taken out of the holding area yesterday (Sat.) at 11 AM and placed into 
Pod A-1 in the Monmouth County Correctional Institute, Freehold, where he is 
confined 22 hours a day in a 2-man cell with three people in it. He gets two 
hours out of the cell, one at a time, but the hours are chosen randomly.
One cell-mate must sleep on the concrete floor. Werner alernates between the 
floor and sleeping with a toilet in his face. Werner slept on a concrete floor 
in the holding area, prior to being processed, which included an injection for 
tuberculosis. There was no choice - the nurse said, "you have to take it," says 
Werner. She was reluctant to tell him what it was for.
 
The move to the Pod means Werner has to wait, possibly a week, for his own PIN 
number to make the only calls he's allowed to make - collect. For now he must 
borrow another inmate's PIN to call out. And the calls cannot be made to cell 
phones.
 
Werner says he obtained the refinancing necessary to comply with the repairs 
the city wants him to make on his house. He showed this documentation to 
municipal court Judge Apostolou along with the contract with 3C&G, a Middletown 
contractor, for the first phase of the repairs. He planned to select other 
contractors for subsequent work as things progressed. Ironically, the first 
payment on the refi was due yesterday. If he can't get payments made during his 
45-day incarceration he may go into default on the loan. 
 
Why is Judge Apostolou being so severe? Residents of A.P. know a few property 
owners that have owed far more in code violation fines. A lawyer who works 
regularly in Asbury Park municipal court tells me he's frequently frustrated at 
how Apostolou "lets junkies out of jail all the time. And, this is over a 
porch!" But, this same lawyer says that the court saw that Werner had yet to 
start the work, which it saw as "inexcusable" .  
Werner explains that it took a long time to secure financing because he has no 
income other than his rents and a $35,000 lien, he knew nothing about, surfaced 
in the process. The court wanted him to pay the lien and contest it later. But 
Werner didn't have the money to pay it and held that it was illegitimate 
Was Werner singled out last Friday? Hardly, a source close to the court says 
the judge sent lots and lots of people to jail Friday. Was he having a bad day?
If the jail is overcrowded it may work to Werner's advantage.
When he does get out, Werner better check out that 911 call that started all of 
this. Certainly his reputation was damaged by the false accusation that a body 
was in his basement. There should've been an official apology, since the 
department should've listened to the tape -- and when it did listen after the 
home was inspected, it should've taken a very public step in undoing the damage 
to Werner's privacy and reputation. What excuse can there be for not doing that?
For now Werner must beg for a pencil, since inmates aren't allowed to have 
money on them; yet they must buy everything, including something as minor as a 
pencil. 
Nagging questions remain. The judge only had before him the fines and the 
prolonged timeframe with which to pass judgment. However the officials who have 
made a cottage industry out of pursuing Werner - one property owner in a city 
of blighted properties - know if their motives are objective -- or not. Is the 
law being applied equally here?
Everyone in this city - regardless of how they feel about Werner Baumgartner, 
must ask their officials: was the incarceration of Werner Baumgartner an equal 
carriage of justice? Or an attempt to silence any public critiques of the city 
and its developers? 
Maureen
 

Maureen Nevin
Asbury Radio -"The Radio Voice of Asbury Park" -Silenced by the FCC, but why??
88.1FM - "6" Years on the Air!!  Would've been 7 this July...
Asbury's Own Live Talk Showhttp://groups. yahoo.com/ group/AsburyPark 
/post?postID= rHJIZqKLU40eDTc2 KMHNHZwPoANfvykU f-QXIwGa01YupXx_ 
FSgz9T8CYowEoqrp 7AvGNPp3ZyP4oWOT uAg
601 Bangs Avenue  - Forced from here by FCC...
Listen 8 - 10 PM Thursdays on 88.1FM or Ooops, see below...
Listen Live or Later on the Web http://www.asburyra dio.com/
Call the show 732-775-0821 oops, not since the FCC visited this litte 100watt 
station - four times!!
Call me 732-774-0779 fax 502-0463  Still can call this number...
Speak up - It's America!!






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