Cleveland Law Library Weblog

Cuyahoga County Employee Admits to Stealing from Employment and Family Services

Cuyahoga County can't seek to catch any breaks lately. The latest scandal reported by the news media is that a county employee named Juanita Myrick just pleaded guilty to stealing over $864,000 from the Cuyahoga County Department of Employment and Family Services. Newsnet5.com reported that she set up a P.O. box to funnel unclaimed funds to herself. Clevescene reported that the money came from clients who did not receive their welfare checks. Juanita was indicted almost a year ago on May 25, 2007 in Case No. CR-07-496493-B on charges of theft, aggravated theft, theft in office, forgery, forging identity cards, ID fraud, tampering with records, and the unauthorized use of property/computer system.She recently plead and is awaiting sentence.

"CSI"-Like Office Coming to Cleveland by 2011

By 2011, Cleveland will have its own "CSI"-like crime lab. Through a joint venture between the Cuyahoga County Prosecutor, the Ohio Attorney General, the Cleveland Clinic and Cleveland State University, Cleveland will soon have a lab that can analyze DNA and crime scene evidence, including tissue samples, firearms, fingerprints, and fluids. According to the Plain Dealer, officials are still looking at sites, but predictions estimate that the project could cost $60 million and employ about 1,000 individuals. This new lab would potentially replace BCI's lab in Richfield, which the paper says Attorney General Dann might use as a police training facility.

U.S. Supreme Court Rejects Challenge to Lethal Injection

In a 7-2 vote in the case of Baze v. Rees, the United States Supreme Court rejected a claim that death by lethal injection in 36 states, including Ohio, was unconstitutional. Although 2 death-row inmates had claimed that the process could cause excruciating pain in violation of the 8th Amendment's ban on cruel and unusal punishment, the Court's syllabus explains that "to constitute cruel and unusla punishment, an execution methoc must present a 'substantial' or 'objectively intolerable' risk of serious harm," which includes "wanton and unnecessary infliction of pain, torture, or lingering death." Experts believe that challenges can still be made on the basis of lack of protocol in implementing the procedure, mistakes, and a substiantial risk of harm. See the article from law.com, as well as the article from the Cleveland Plain Dealer about current actions pending in Ohio and the belief that the moratorium on executions in Ohio will probably be lifted soon. Click here and here to read our prior posts about pending and dismissed Ohio actions.

April Changes Coming for Local Criminal Case Management

Starting on April 14, 2008, Cuyahoga County prosecutors and prisoners will have to follow new criminal case management rules. According to upcoming changes in Local Cuyahoga County Common Pleas Court Rule 23 on Criminal Case Management, prisoners in the Cuyahoga County jail who have been bound over to the grand jury must be released if they have not been indicted within 30 days. The exception to this new rule allows the Administrative Judge of the Common Pleas Court to grant the prosecutor additional time for good cause.  According to the Court's Press Release, comments on the new rule will be accepted until April 7th. Click here to search all of the Court's current Local Rules.

Ohio Prison System Turns Over Execution Procedures

The Plain Dealer and Daily Legal News print edition report that Lorain County Common Pleas Judge James Burge may have gotten what he asked for. On Wednesday, the Department of Rehabilitation and Correction turned over a 700-page binder of information on how the state executes prisoners by lethal injection. Judge Burge sought the information for hearings he is holding in his court over defendants' challenge to the constitutionality of Ohio's capital punishment laws. The Judge has indicated that he wants to find out how painful the injection process is. Interestingly, although the binder contains information on past prosecutions and drugs and supplies used during executions, the Judge has only given a copy of the binder to defense counsel, but not the prosecutors.

11th Hour No Contest Plea by Cuyahoga Elections Workers

Two (2) elections workers from Cuyahoga County received 'Stay-out-of-Jail' cards yesterday when they pleaded no contest to tampering with a ballot recount involving the 2004 presidential election. Although the women were convicted earlier this year, Judge Saffold ordered new trials in early August that were scheduled to go forward yesterday, on Monday, November 5, 2007. The women's pleas were an 11th hour attempt to avoid a jail time, and it worked. The Plain Dealer article covering the story indicates that the Judge will not enter any sentence (of guilty or not guilty) if the women stay out of trouble for a term of 6 months of probation. Click here to read our prior post with information about their convictions and new trial orders, with links to the dockets in their cases.

Jury Convicts Former Diocese Accountant Zgoznik

Newsnet5 reported that earlier this week, a federal jury convicted former Cleveland Catholic Diocese accountant Anton Zgoznik of conspiracy and arranging unathorized kickbacks to his former boss, Joseph Smith. Smith, who has yet to be tried, was the Diocese's chief legal and financial officer. Although Zgoznik's attorney tried to argue and prove that the payments were extra compensation, the jury did not buy it after over 2 days of deliberation. Click here to read our prior post with additional information about the case.

St. Joe's Thief Gets 4 Years

The woman who stole $500,000 from St. Joseph Academy for girls has been sentenced to 4 years in prison. On December 2, 2007, Judge Joseph Russo sentenced Colleen Kempf to 4 years and restitution of $444,340.75 as a condition of post-release control when she gets out.  The docket and other information in Kempf's case, which is now closed, can be viewed by searching her name or Case No.CR-07-496080-A on the Cuyahoga County Criminal docket. Click here to read a Metro article about the sentencing hearing from the Plain Dealer.

Delayed Blood Alcohol Tests are Admissible in Ohio

Last Thursday, the Ohio Supreme Court held that delayed blood alcohol tests are admissible in vehicular homicide cases in certain situations. In the case of State v. Hassler, 2007-Ohio-4947, the Court admitted the test results from a blood alcohol test that was taken 8 hours after the defendant was involved in an automobile crash in which a Columbus woman was killed. The Ohio Supreme Court's Press Release summarized the Court's finding, stating that:

"Writing for the majority in today's decision, Justice O'Connor pointed out that Ohio's DUI statute defines two separate types of offenses: the per se offense of driving with a BAC of.08 percent or higher, and an alternative offense of 'driving under the influence' that does not require a BAC reading over the presumptive.08 standard. She noted that causing the death of another in the course of either a 'per se' or an 'under-the-influence' violation of R.C. 4511.19 is sufficient to support a conviction for aggravated vehicular homicide."

ABA Calls for Temporary Moratorium on Ohio Executions

An article in the Dayton Daily News reports that the American Bar Association (ABA) has called for a temporary moratorium on death penalty executions in Ohio. According to the article, the ABA conducted a 30-month study before concluding that inmates on death row in Ohio are not getting adequate legal help, and their rights are allegedly being violated. In particular, the article notes that the ABA found: 1) "racial disparities in death penalty sentencing;" 2) county sentencing differences showing that death penalty sentences are awarded more often in Hamilton County and less in Cuyahoga County; 3) people with mental disabilities are being executed; and 4) the criminal justice system does not provide opportunities for courts to compare facts and circumstances before imposing death sentences. The ABA's press release identifies 8 broad areas that need reform and summarizes14 major recommendations. Click here for the full text of the ABA's Report captioned "Evaluating Fairness and Accuracy in State Death Penalty Systems, and choose hte new report available for Ohio.