In a hearing Tuesday, Foley told Wolaver he has been more afraid for his life over the past few days than he was during his service in the U.S. military.
“These threats are serious against my life,” Foley said. “I’m scared for myself and my family. I shouldn’t have to look over my shoulder at the court, at my house, or when I’m out in public.”
Foley’s office in a Sunday press release accused former clerk’s office employee Tyler Starline and local activist David Esrati of plotting to harm him in separate conversations, announcing Foley was filing petitions for protection orders against the two men.
Both Esrati and Starline are involved in court cases involving Foley. Starline is a main witness in a criminal case brought by the Ohio Auditor of State. Esrati filed a motion to remove Foley from office because of the criminal case.
Esrati and an attorney for Starline say Foley’s allegations are attempts to undermine those court proceedings.
Civil protection orders
In Ohio, people can file civil orders of protection for cases of domestic violence, dating violence, minor-related offenses, stalking and sexually oriented offenses.
Foley filed stalking civil protection orders against Esrati and Starline, and he requested the courts grant emergency orders that would be active against Esrati and Starline until a full hearing.
Hearings for protection orders aren’t typically posted on the public docket, but this news outlet obtained a video of the hearing through a public records request.
Foley on Tuesday said that Esrati in a conversation with an assistant county prosecutor threatened to “murder” the clerk of courts and to take zip ties to the county building and physically remove Foley from office.
Foley said he learned last week from an Ohio Auditor of State investigator that she was told by Montgomery County Treasurer John McManus of a phone conversation he’d previously had with Starline, in which Starline allegedly disclosed thoughts of killing Foley.
Starline allegedly told McManus he had spoken with a therapist and “decided he would not follow through with killing him.”
Starline’s attorney Terry Posey told the Dayton Daily News Foley’s claims are part of a “pattern” of efforts to discredit Starline.
Esrati told this news outlet he was clearly joking with his comments, noting they were made to an assistant county prosecutor who saw no need to report it; the comments only became public when Esrati himself filed a transcript of the conversation with the court.
Foley noted in Tuesday’s hearing that Esrati told the Dayton Daily News he was joking. “Threatening to kill someone, and saying how you’re going to do it, is no joke,” Foley said.
“I’m completely distraught with this, my entire family is distraught with this,” Foley said. “Death threats are serious, and I’m taking this extremely seriously.”
Judge Wolaver denied the request for an emergency protection order and set a hearing for the full civil protection orders for Monday.
“It seems to be the Starline situation is one situation only,” Wolaver said during this week’s hearing. “And as far as Mr. Esrati is concerned, there’s two phone calls to a prosecuting attorney.”
Other court cases
In addition to the civil protection orders and calls for Esrati and Starline to be held accountable — Foley wants Starline removed from his job at the Montgomery County Board of Elections — Foley is calling for the state’s criminal case against him to cease.
Foley is facing charges brought by the Ohio Auditor of State of misusing his office for political purposes, including using county equipment for campaign purposes and improper electioneering.
Starline has alleged in interviews with state investigators that while working at the clerk’s office, he “observed (Foley’s) administrative assistant, who is also his campaign treasurer … doing campaign finance documents on the County computers where she was filling out his campaign finance report, asking him questions, he was answering from his corner office,” according to court records.
Esrati this summer filed a writ of quo warranto in Ohio’s Second District Court of Appeals against Foley, calling on the court to remove the clerk of courts from his office. This legal action began after Foley asked the judge presiding over his criminal case to withdraw a plea deal he made with the state.
Esrati has argued that Foley lost his eligibility to hold a public office when he was convicted in June. His quo warranto case against Foley continues.
Foley’s trial in his criminal case is scheduled to begin in December.
