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Aug. 5. 2010 2 : 4 0 P M Chronicle Telegram N e w s r ~ c m No. 1 I34 P.

STATE OF OHIO IN THE COURT OF COMMON PLEAS


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LAKE COWTY EXHIEIT "An 0
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,a Judge of the W
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Couxt of Common Pleas, Lake County, Ohio, penonally a p e d Detective Mathewson of the C,
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Lorain Police Department being duly sworn according to law, states that hdsht has reason and t
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cause to believe and does believe the folIowing statements are h e r

That in the C~tyof Wickliffe, County of Lake, and State of Ohio, and in and on

the pmiscs Lno- as 685 Sterling Road, Wicklie, Ohio, a single family

dwellig, being wbite in color with yeltow window awnings, occupied by Joscph

Montelon.

The following m i m i d ofX;erYseshave or;c;urred,to wit: 2903.21,2903.211.

That said p o r n , dwelling, andlox premises contain the following property ht which

search auh-on and seizure is wught: my and all eleclroni~data processing and storage

devices, a computer, computer systems, and peripheral &vim, including but not limited to

monitor, mouse, external sturage device, a t m m l CD or floppy disc drive hc1uding c a d

processing units, internal and paipheral storage devices such as fixed disks, external hard disks,

floppy disk drives, diskettes, tape drives and taps, optical storage devices or 0th- memory

storage devices; peripheral input/output dwiccs such as k e y b d s , printers, vidw display

monitors, optical readers, and related commuaicatiws dwius such as modems; together with

backup media, system documentation, s o h a d instruction manuals, external,or i n t a d

drives and extend storage equipmat or media, acoustic couplers, autmnatic dialers, sped

dialers, or signaling devices, electronic tone genera@ devices, any and all corn- or data

p r m s i i g so- or data including but not limited to hard disks, floppy disks, assette

magndc taX>crs, inte@ RAM or ROM units, and any other permanent or transient storage

devices, any w e b a m , any and aI1 papwork, dcqmots, etc. related to the letters seat to Ziomin
*
dice Chief Cel Rivera, m y md all documentation relating to the purchase mdioz use of a
Specdypin card and/or a Spoof card, my a d all cell phmu.

nc fa
upoo which &ant bases such belief a
d the facts tending to estrblisb the
grounds for the issuance ofa %arch m as follow:

1. That your affiant is ounently employed as aDetectiv.e at the Lorain Pdlicc


Department. Your m m t ha been employed with the h r a h Polke Departrtlent
for the past eight yew. Your A££iathas been employled in law enfoment for
the p s t eight years.
2, %t in June 2008,the Lorain County Prosecutor's Officehihated an
investigation a f M receiving M o d o n from the Lorah Police DqWment Chief
Cel. Rivera regarding -threabahg anonymous letten he and other public oofficials
wtmmeivingintbe&. ~ h e l e t t m c m ~ ~ ~ i ~ s ~ n a i l i l e a n
professicld c a r e r . ?he* letters me clearly a pitmi of conduct me- to
Rivera a o t i o d distress. See select attached Ictbs. The ! e m have ka
arriving anonyinously m Rivera and utha public omcials on a regular bwis within
the last year- Law dwcedlent has compiled agproximately Wty (50) lcttas to
date. An exarnination of the letters meals that the letters werc created by a
computer aad not though the use of a typwitm. Assistance wu wu&t by the
A0secuto~'sOfice fiorn the brain Police IDeparbSent the
codtainad i n f o d m that could only be known by a current brain Police
Department employee. ft desired to 1- the -1 wyiter as wll as the
m k d infomi.
3. That yam &ant was assigned to assist with the investigatioa Puring the
course of t6e hvestigixiion, a anonymous tip was received that Joseph Monteloa
was the author of the menacingl a to P o k e Chief Rivera It w s laown that
this individd was a former lmah Police D-t Officer who had been
tdlrmted due to the cammission of a a h h a l oflhse. Monteloa was extremely
dispntled $ubsequwtto his termination from the depamenz. F m shiftad to
Montelon.

4- On July 3,200 8, a &ashplrlE was wndwkd horn Montelon's residence.


Numerous photocopied as well as PrinM internet news &1w ere -wed.
These articles conhimi infomation that was contained in previous menacing
lePtets tu Chief Rivera Officer alw m w d mdl bearing the name of Joe
Montleon ss WU as =Em fw stamps.
5. OnJuly 17,2008, anotlm trasbpull was conducted from Montelon's
residence. A@n, numnaur photosopied ar well as inkmet 6nfm attides
m e recovered.-These articles contained i D f d u n that w s contained in
prwious menacing letten rn Chief Rivera Envelopes ad- to prim
recipients of tbe W iktmi were m~e;ted A,copy of a Loraia Potice
Dqdmmt roster wbicb contained Chief %ma's b e address and te1cphonc
numb mm w d . Receiptsfor stamps, &&en, a d an email h p t for a
Speedypinphonecardwasrec~dA n a n ~ ~ ~ ~ l e t t e ~ t o r t t i t o d L o m i a
Poke Chief Mdnowsky stafingCIFwofficas bave died at Mr.Rivwa's
b a a d 7 , ~ dso
q cove red. An maymom letter ad- tp former h a i n Safety
Aug. 5. 2 0 1 0 2:41PM C h r o n ~ c l e T e l e g r a m Nensr~om N o , 1134 ?. 3
Semite Director Craig Miller was recovered. This letter stated Rivera br&s
down his officers mentally and specifically mentioned Barry Pa@ and Nelson
Aponte. These officers unfortunately committad suicide &d the letter suggested
that Rivera was responsible for the officers wmmitting suicide. It must be noted
that as of that mailing, MiHer was no longer the Safety Service Director as he had
been fired after king successfully prosecuted by t h e b r a i n C o u Pmsecutor's
~
Ofice. A computer pkteriwas recovered h the trash. Cell phone bills and a
receipt for a spoofcard w-eie mwered as well. The c;eU phone bills were in
Montelon's name. A spoofcard and/or a speedypin card art cards that enable a
user to dial a phone numbr to input another number of their choice to be
displayed as the incoming call on the outgoing call they & trying to make. Whm.
a caller answered the call, they would believe that the call was ori+ting hm
the 0 t h number.
~ It is not clear what legithate use a private citizen would have
for m e of these deviw.

6 . On. August 2 8,2008, another m h pull was conducted. A copy of the last
anonymous menacing letter delivered on August 20,2008 was recovered Smiley
face stickers consistent with s t i c k that were attached to previously delivered
envelopes were recovemi. Forever postage stamps, the removable strip from a
self adhesive envelope, printer d d g t s , copies of photographs of a bulletin
board within the Lorain Poke Wartment w m m v d . Thc photograph is
si@cant kwme the picture is clearly Zakm by a cell pbooe camera phone. It i s
evident that the pichue was taken by someone with access to the bulletin board
and sent to Monklon and printed It is not clear if tbe picture was e d e d to
Monklon or sent to his cellular phone; what is clear is that the cmmt brain
PoLice Department mpl~yeeand Montelon arc in close contact though wmputer,
text messages, or ceU phone. Tke stamps,strip, and printer d d g e s are
s i d c a o t k u s e they demonstrate ?hatMoalon is producing and mailingthe
anonymous fetters from bis xesidwce. ,

7. Due to the nature of a computer's ability to tore hfommtion on a relatiwly


pmanent basis, comborating evidence of Mwtelon's o w am likely to stilJ.
be s t 4 on the wmputer and recovered by law enforcemmt Evidence contained
on Montelon's cell p h e is also likely to be stored and r e c o d by-law
enfoment.

-ant avers that it is w g d y n e c w that tbt abovemmtiwedp d w be =bed

inthe day sewn, to prcvmt the loss, d e w o n , removal, or 00ncwhmt of &e item(s) sought

Sworn to and subkbed before me on

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