“I Have F*cking Killed A Human Being”
Findings of misconduct in three client matters led to a two-year suspension by the Ohio Supreme Court
Buzzelli admitted that he commenced a sexual relationship with Foster in July 2017—shortly after he first met with her and before she retained him. Buzzelli separated from his wife in late 2017 and lived with Foster for several months in early 2018.
Buzzelli agreed to teach Foster the skills she would need to work in a law office. By November 2017, she had a key to his office. Buzzelli denied that Foster was ever a paid employee in his office and described her status as being similar to an intern. Although he claimed that she was unreliable and had no specific job duties, the evidence shows that she was involved in the operation of the office, performed some calendar functions, and had access to Buzzelli’s client files and personal bank account. Yet there was no evidence that Buzzelli had provided Foster with any training, instruction, supervision, or guidance regardin the ethical obligations of a lawyer or a lawyer’s office staff.
Buzzelli ended his personal relationship with Foster in September 2018 and asked her to stop coming to the office. He changed the locks to his office in the summer or fall of 2018 because Foster did not return her key. Buzzelli testified that his office computers, email accounts, and telephones were “hacked” and suggested that Foster was responsible. But he never stated when those events actually occurred and the only evidence that he offered to support his claims were his own testimony and hearsay statements allegedly made to him by a police officer and computer technicians.
Buzzelli also testified that his office had been broken into at least six times and that numerous items, including computers, files, bank records, and client checks were stolen. He was able to retrieve some of the stolen property, including a computer, with help from Foster’s father. Buzzelli reported some of the break-ins to police in December 2018 and January 2019, informing them that he suspected that Foster or another former client was responsible. However, he did not inform any of his clients that their checks had been stolen. Buzzelli testified that at some point, he discovered that the client checks had been deposited into his account and were then transferred to Foster’s account, but the board found that the means by which those actions were accomplished were unclear.
Foster recorded a threatening message
Is that door closed? Is that window closed? OK, good. Now, if you would please. I’m going to make this real clear. So, you can look at me and you can smell me when I say this. And I don’t give a shit whether you like it or not, but I’m touching you. [Audible rustling.] Alright, now look at me. I have fucking killed a human being. And you know what, I am not fucking proud of that. But there’s one thing that I have a capacity to do and to be, alright, is a killer. Now, one thing you don’t have and you talk big and bad, is you don’t have that capacity. And it is a horrible capacity to have. Alright? You want to rat me out and tell people about it, you go right ahead.
He represented his wife in a case against Foster
On April 2, 2019, Foster was arrested for violating the ex parte order after she was seen in the Walmart parking lot across the street from Buzzelli’s law office. Buzzelli represented his wife at the July 1, 2019 CSPO hearing and Foster appeared without counsel. When cross-examining Foster, Buzzelli asked if she had hacked her ex-husband’s email account during their divorce. When the magistrate asked Buzzelli whether he knew about that conduct because he had represented Foster in her divorce, Buzzelli answered in the affirmative and claimed that Foster had waived the attorney-client privilege by filing a grievance against him with relator. The magistrate did not allow the question. The court ultimately denied the petition for a CSPO against Foster and terminated the ex parte order that had been issued against her.
There were findings of misconduct to two unrelated client matters.
Sanction
With regard to Buzzelli’s selfish or dishonest motive, the board explained that Buzzelli had benefitted from his relationship with Foster by engaging in a sexual relationship with her, living with her while he was estranged from his wife, and having her work in his office without pay. He then used information he had obtained from their attorney-client relationship against Foster in the CSPO proceedings. In addition, the board found that Buzzelli had exhibited a selfish or dishonest motive. It also found that he had submitted false evidence or statements and had engaged in deceptive practices during the disciplinary process by belatedly preparing a separation agreement and creating a false billing statement to justify his failure to refund any of Tramonte’s retainer.
…Russell Anthony Buzzelli is suspended from the practice of law in Ohio for two years and is ordered to make restitution of $7,860 to Marlene Tramonte within 60 days of the date of this order. In addition, Buzzelli shall be required to petition for reinstatement pursuant to Gov.Bar R. V(25) and to submit proof that he has completed six hours of CLE focused on sexual harassment and employee management in addition to the requirements of Gov.Bar R. X. Costs are taxed to Buzzelli.
Oral argument video linked here. (Mike Frisch)