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C U Y A H O G A C O U N T Y
OFFICE OF THE PROSECUTOR
2015 REPORT TO
THE PUBLIC
T I M O T H Y J . M c G I N T Y
C U Y A H O G A C O U N T Y
P R O S E C U T I N G A T T O R N E Y
Working for Justice - 6
A Message from Your
County Prosecutor - 4
Contents
Training Our Workforce - 8
2014 Snapshot: The Work
of the Office - 10
Office Leadership - 5
C U Y A H O G A C O U N T Y
O F F I C E O F
T H E P R O S E C U T O R
2015 Report to the Public
Headline Cases 2014 - 12
Heating Up Cold Cases - 16
Juvenile Justice: Prevention and
Prosecution - 18
Justice in Your Neighborhood - 14
Strengthening Families - 20
Special Initiatives - 22
Doing Justice Right - 24
Community Outreach - 26
In Their Own Words >>>
Hear from Prosecutor’s Office
employees throughout this
report as they reflect on
working for
justice in
Cuyahoga
County.
4 Cuyahoga County Prosecutor’s Office
A Message from Your County Prosecutor
In depth of talent, the Cuyahoga County Prosecutor’s
Office rivals any of Cleveland’s major private law
firms. We have 220 lawyers, plus another 120
paralegals, investigators and support personnel.
As this report shows, they handle a wide range of
criminal, civil and administrative law tasks for the
people of Cuyahoga County.
But no one works alone. Not only is our office a team,
but every day we partner with other law enforcement
organizations, government agencies and nonprofit
groups. These partners bring special expertise, fresh
perspectives and additional resources.
We have been cultivating a Culture of Collaboration
since I became County Prosecutor. The rationale is
simple: By working together, we multiply the impact
of everything we do.
Our signature Sexual Assault Kit Task Force is Exhibit
A. This partnership includes the Cleveland Division of
Police, the Cuyahoga County Sheriff’s Department
and the Ohio Bureau of Criminal Investigation. In
2014, we obtained added funding from Cuyahoga
County Council and Ohio Attorney General Mike
DeWine. Last fall, we organized a summit with
partners from Memphis and Detroit, as well as the
Justice Department and the Joyful Heart Foundation,
to compare notes and identify best practices. That’s
collaboration at work.
We brought together partners to track down the
“Early Morning Rapist” and to crack a nine-county
burglary ring. We worked with local authorities and
the U.S. Marshals to round up violent gang members,
teamed up with the FBI and the U.S. Attorney to target
human traffickers, and collaborated with the Ohio
Investigative Unit and the Secret Service to bring
down gamblers. We partnered with educators and
medical professionals to sound the alarm on heroin.
We convened anchor institutions, neighborhood
development groups, the county Land Bank and the
City of Cleveland to target abandoned properties for
demolition. We have assisted thousands of children
and their families in collecting child support and have
had a major impact on juvenile gang activity.
Collaboration stretches your tax dollars and enables
all of us to do more than we could alone. It enables
us to build a safer community and to help restore
public confidence in government. Most important,
it improves the quality of justice for every person in
Cuyahoga County.
52015 Report to the Public
Timothy J. McGinty was
elected Cuyahoga County
Prosecuting Attorney in
November 2012, after
serving more than 18 years
as a Cuyahoga County
Common Pleas Judge and
the decade before that as
an assistant prosecuting
attorney under the late
John T. Corrigan and Stephanie Tubbs Jones. In
1992 the Ohio Patrolmen’s Benevolent Association
named him Ohio Prosecutor of the Year.
Prosecutor McGinty is a lifelong Cuyahoga
County resident. He is a graduate of St. Edward
High School and Heidelberg College. He earned
his Juris Doctor degree from Cleveland State
University’s Cleveland-Marshall College of Law.
In 2000, he earned a master’s degree in judicial
studies from the University of Nevada, Reno.
Prosecutor McGinty has taken on several important
initiatives, including justice system reform, the
investigation and prosecution of cold case sexual
assaults, the implementation and of performance
measurement and case management technology
andtheaggressiveprosecutionofpubliccorruption.
Prosecutor McGinty has been married for over 40
years to Ellen, a registered nurse. He is the father
of two and now a proud grandfather.
Charles Hannan
Litigation Manager,
Civil Division
Andrew Nichol
Chief, Criminal
Division
Duane Deskins
First Assistant
Prosecutor; Chief,
Juvenile Justice
Division and
Director of Juvenile
Crime Prevention
Richard A. Bell
Chief, Special
Investigations
Division
Jane M. Platten
Chief of Staff
Yvonne Billingsley
Chief, Family Law
Division
Office Leadership
About Prosecutor
Timothy J. McGinty
A Mission of Justice
The Cuyahoga County
Prosecutor’s Office is committed
to making Cuyahoga County a
thriving and safe place to live,
work and conduct business.
The State of Ohio, through the Ohio Revised Code Chapter 309,
empowers the county prosecuting attorney with the duty and
obligation to:
“Inquire into the commission of crimes within the county. The
pros­ecuting attorney shall prosecute, on behalf of the state,
all complaints, suits, and controversies in which the state is a
party,… and other suits, matters, and controversies that the
prosecuting attorney is required to prosecute within or outside
the county, in the probate court, court of common pleas, and
court of appeals. In conjunction with the attorney general, the
prosecuting attorney shall prosecute in the supreme court cases
arising in the prosecuting attorney’s county.”
ORC §309.08
Timothy J. McGinty
Prosecuting Attorney
6 Cuyahoga County Prosecutor’s Office
Office Overview
Timothy J. McGinty, Prosecuting Attorney
What is a Prosecutor?
The Cuyahoga County Prosecuting Attorney is
an elected official who represents the citizens
of Cuyahoga County in both criminal and civil
legal matters.
Prosecutor Timothy J. McGinty was elected in
November 2012 to serve a four-year term.
Our Office
The Office of the Prosecutor employes more than
340 people, including 220 assistant prosecuting
attorneys (APAs) and about 120 administrative/
support staff providing technical, clerical and
administrative expertise.
The office headquarters are in the Cuyahoga
County Justice Center, with other offices in the
Juvenile Justice Center, the old Cuyahoga County
Courthouse and the Department of Children and
Family Services.
Contact Us
The Cuyahoga County Office of the Prosecutor
1200 Ontario Street
Courts Tower, Ninth Floor
Cleveland, Ohio 44113
Office Hours:
Monday - Friday, 8:30 a.m. - 4:30 p.m.
(216) 443-7800
www.prosecutor.cuyahogacounty.us
Join Our Team
The Cuyahoga County Prosecutor’s Office is
always seeking dedicated, talented professionals
who are committed to public service. Visit our
website at www.prosecutor.cuyahogacounty.us
and click on “Careers” to learn more.
ADMINISTRATION
Jane M. Platten, Chief of Staff
Communications
Joseph F. Frolik
Director of Communications & Public Policy
Finance and Operations
Marvin J. Davies III
Director of Finance & Operations
Human Resources
Beverly Dean, Human Resources Manager
Information Systems
Pete Szegeti, Information Systems Director
2014 Divisions and Leadership
CIVIL DIVISION
APA Charles E. Hannan, Litigation Manager
Civil Unit
APA Gregory G. Huth, Unit Supervisor
Real Estate Tax Foreclosure Unit
APA Colleen A. Majeski, Unit Supervisor
JUVENILE DIVISION
First Assistant Prosecutor Duane Deskins,
Chief, and Director of Juvenile Crime
Prevention
Juvenile Justice Unit
APA Ralph Kolasinski, Unit Supervisor
Managing Attorney:
APA Robin D. Belcher
Managing Attorney (Gang Intake):
Scott C. Zarzycki
WORKING FOR JUSTICE
72015 Report to the Public
CRIMINAL DIVISION
APA Andy Nichol, Chief
Appeals Unit
APA T. Allan Regas, Unit Supervisor
Criminal Non-Support Unit
APA Kristine Pesho, Managing Attorney
Expedited Case Management Unit
APA Terese McKenna, Unit Supervisor
General Felony Unit, Region 1
APA Gregory J. Mussman, Unit Supervisor
General Felony Unit, Region 2
APA Michael C. O’Malley, Unit Supervisor
General Felony Unit, Region 3
APA Diane P. Russell, Unit Supervisor
General Felony Unit, Region 4
APA Jose A. Torres, Unit Supervisor
General Felony Unit, Region 5/6
APA John R. Kosko, Unit Supervisor
Grand Jury Unit
APA Andy Nichol, Unit Supervisor
Major Drug Offenders Unit
APA Deborah Naiman, Unit Supervisor
Major Trial Unit
APA Saleh S. Awadallah, Unit Supervisor
Victim Witness Advocacy Unit
Marya Simmons, Unit Supervisor
FAMILY LAW DIVISION
APA Yvonne C. Billingsley, Chief
Child Support Unit
APA Dorcas Russo, Unit Supervisor
Assistant Unit Supervisor APA Steven W. Ritz
Managing Attorneys: APA Farah L. Emeka,
APA Terri M. Hammons-Brown,
APA Joseph Young
Children & Family Services Unit
APA Michelle Myers, Unit Supervisor
Managing Attorneys: APA Laura M. Brewster,
APA Amy Carson, APA Cheryl Rice
SPECIAL INVESTIGATIONS DIVISION
APA Richard A. Bell, Chief
Economic Crimes Unit
APA Paul Soucie, Unit Supervisor
Internet Crimes Against Children Unit
APA Holly M. Welsh, Unit Supervisor
Investigations Unit
Michael J. O’Malley, Unit Supervisor
Organized Crime Task Force
Timothy Oleksiak, Unit Supervisor
Public Corruption Unit
APA Matthew E. Meyer, Unit Supervisor
Sexual Assault Kit Task Force
APA Brett Kyker, Unit Supervisor
“My decision to work as a prosecutor comes from my desire to work toward justice
and to do good. I have learned from the attorneys that surround me and grown
as an attorney through the daily challenges of critically analyzing legal questions
and handling cases.”
-APA Daniel Van, Appeals Unit
with the office since May 2009
8 Cuyahoga County Prosecutor’s Office
Safety for Criminal Justice Employees
The Cuyahoga County Prosecutor’s Office works to keep
people safe in Cuyahoga County – and that includes the more
than 350 who work in the Prosecutor’s Office. Not so long
ago, the idea that criminals would lash out against judges,
prosecutors and others who work in the court system was
almost unimaginable. Sadly that is no longer true.
A California researcher reports that during the six decades
that began in 1950, there were 86 serious attacks on justice
system employees in the U.S. Since 2010, there have been
more than 20. In 2013, two prosecutors were killed in Texas.
Colorado’s top prisons official was gunned down at his
front door. In April of 2014, the father of a North Carolina
prosecutor was kidnapped on orders from a high-ranking
gang leader she had helped send to prison for life. In June
of 2014, a self-described “sovereign citizen” opened fire at a
courthouse in suburban Atlanta.
Because of this disturbing trend, the Prosecutor’s Office
hosted a daylong safety seminar for all employees, as well
as our colleagues from across Northern Ohio, in August. The
training covered Internet safety, safety awareness and basic
self defense, as well as policies and protocol for addressing
threats in the workplace.
Training our Workforce
Fostering Talent
A skilled workforce ensures effective pursuit
of justice. The Prosecutor’s Office provides
unparalleled opportunity for professional
growth for attorneys and non-attorneys alike.
Assistant prosecutors receive guidance and
mentoring from supervisors and seasoned
litigators, and receive increased responsibility in
the courtroom as their skills improve.
Administrative and support staff contribute to
special projects to expand their knowledge of
the Criminal Justice System, public service and
their particular fields of expertise.
The office hosts conferences and trainings
featuring leading national experts throughout
the year to supplement day-to-day learning.
We also encourage our employees to seek out
continuing education opportunities that will
further hone their skills.
Two deputies from the Cuyahoga County Sheriff’s
Department demonstrate self defense tactics
during an August safety training for employees.
Deputy Sheriff Joseph Skovira emphasized that
being aware of one’s circumstances and avoiding
dangerous situations are far more important
safety tactics than specific combat techniques or
self defense strategies.
92015 Report to the Public
Domestic Violence
In just two weeks of 2014 in Cuyahoga County, three women
were murdered by the men in their lives, each of whom had
a criminal history of escalating domestic violence. These
tragedies prompted Cuyahoga County’s Criminal Justice
System to take a serious look at how it handles domestic
violence cases. This includes empowering prosecutors with
the tools to better understand domestic violence with the
goal of preventing future domestic violence tragedies.
Investigating and prosecuting these cases is challenging
because victims know their attackers and are often
dependent on them in may ways. Fearing for their own safety
and the safety of their children, victims are often reluctant to
participate in their cases. Prosecutors and law enforcement
must balance the immediate safety of victims with the pursuit
of justice and the prevention of future—and unfortunately
sometimes deadly—attacks.
In December, the office brought domestic violence survivors,
criminal justice partners and experts to discuss best practices
in handling domestic violence cases. More than 300 attendees
learned critical lessons for ensuring victim safety while
working domestic violence cases.
Domestic violence survivor Susan Still, whose former
husband received a record 36-year prison sentence in New
York for nonfatal domestic violence, described the abuse
she suffered, how she escaped and her perspective on the
criminal proceedings in her case during a December 2014
training hosted by the Prosecutor’s Office. For prosecutors
and law enforcement officers, understanding a domestic
violence victim’s mindset is critical.
Terry v. Ohio
History matters, especially in law where precedent is so
important. In December, the office had the privilege of hosting
a panel of esteemed attorneys and law professionals to discuss
one of the most important criminal cases in the modern history
of the Supreme Court of the United States: Terry v. Ohio. In
June of 1968, the Supreme Court affirmed the State’s position
that a police officer may act upon reasonable suspicion and
search a criminal suspect for the purpose of officer safety.
To discuss the importance of this case, the Prosecutor’s
Office hosted a panel in December 2014 that included former
Congressman Louis Stokes, who represented Terry in this case
and Tyrone Brown, who served as a law clerk to Chief Justice
Earl Warren at the time of this decision. The two were joined by
criminal law experts.
Former Congressman Louis Stokes discusses the landmark
Supreme Court Ruling Terry v. Ohio. Next to him on the
panel is Dr. Lewis Katz, criminal law professor at Case
Western Reserve University.
“I’ve been very fortunate to have supervisors and mentors
who push and guide me to become a better attorney today
than I was yesterday. It’s uplifting to know they genuinely
care about my professional development.”
-APA Jonathan McDonald, General Felony Unit
with the office since April 2014
10 Cuyahoga County Prosecutor’s Office
Crime Trends
Defendants
Nonviolent Violent
Crimes Charged in Cuyahoga County
2010
2011
2012
2013
2014
18.5%
Decrease in total crimes
charged between 2010
and 2014
Adult Defendants
10,590
Total adults
charged in 2014
2010
2011
2012
2013
2014
Juvenile Defendants
5,576
Total juveniles
charged in 2014
Top Ten Crime Categories Charged
Drug Abuse Violations Burglary
Larceny/Theft Robbery
*Sex Offenses Forcible Rape
Weapons Violations Forgery/Counterfeiting
Aggravated Assault Vandalism
*Sex offenses other than forcible rape, prostitution and vice
(includes gross sexual imposition, statutory rape, etc.)
Other
Hispanic
Caucasian
African American
Race/Ethnicity
Female
Male
Gender
Other
Hispanic
Caucasian
African American
Race/Ethnicity
Female
Male
Gender
2010
2011
2012
2013
2014
The Work of the Office in 2014
305
Cases proceeded
to trial in 2014
of cases were
resolved at the
pretrial stage
(through plea
agreements,
diversion, etc.)
97%
Under 10
Over 18
10 to 13
14 to 17
Age
18 to 25
26 to 35
36 to 50
51 to 65
Over 65
Under 18
Age
Case Resolution
20 Cases eligible
for capital
specifications
(death penalty)
1 Case indicted
with capital
specifications
2014 Capital Cases
Not Guilty
Guilty
Results of Cases That Went to Trial
71%
29%
112015 Report to the Public
Legal Matters
Children & Family Services
Civil
Appeals
Child Support Enforcement
Search warrants
prepared by the
Appeals Unit
921 Arguments at the Ohio Supreme
Court by the Appeals Unit
8
4,061
Issues completed by
the Civil Unit
136
Adoption petitions completed
on behalf of Children & Family
Services to protect abused and
neglected children
Office Snapshot
2014 operating budget
for the Cuyahoga County
Prosecutor’s Office
$31.2 million
134
Criminal
Division
total employees
357
32
Administration
40
Civil
Division
66
Family Law Division
33
Juvenile Justice Division
52
Special Investigations
Division
Office Demographics
55%
of employees
are women
Caucasian
African American
Hispanic
Asian
Arab American
Indian
60%
of employees are attorneys
Budget
806
Arrest hearings scheduled for
child support obligors
“The work I do is important because it protects the public. As prosecutors, we’re
charged with enforcing the laws on which we all depend for safety and justice.”
-APA Brandon A. Piteo, Juvenile Justice Unit
With the CCPO since April 2014
62%
Salaries
22%
Benefits
2%
Commodities
6%
Contracts &
Professional Services
4%
Controlled Services
6%
Other Operating
1%
Capital Outlays
12 Cuyahoga County Prosecutor’s Office
The Major Trial Unit
Cleveland Heights Restaurateur
Killed in Armed Robbery
Cleveland Heights restaurant owner Jim Brennan
was murdered on June 30, 2014, in his bar, Brennan’s
Colony, during a botched robbery that was planned by
a dishwasher employed at Brennan’s Colony, his brother
and another man. Brandon Jones, Darien Jones and
Devonne Turner pled guilty to identical charges including
Aggravated Murder, Aggravated Robbery, Aggravated
Burglary and Kidnapping.
The three defendants were each sentenced to life in
prison, with parole eligibility for Darien Jones and Turner
after 37 years and for Brandon Jones after 40 years.
Assistant Prosecutors Blaise Thomas and Mahmoud
Awadallah led the prosecution in this case.
Hernandez Warren Sentencing Closes
Case on Gloria Pointer Murder
Thirty years after the gruesome murder of 14-year-old
Gloria Pointer, who was raped and killed while walking to
school in December 1984, her mother Yvonne was able
to face Gloria’s killer and tell him about the promising life
he had extinguished.
Warren was arrested in May 2013 after a partial DNA
profile was uploaded to Ohio’s DNA database of offenders
and linked to Warren. Investigators from the Prosecutor’s
Office, along with Cleveland police, the FBI and the
Sheriff’s Department, interviewed Warren and secured
the confession that led to his guilty plea. On May 23,
2014, he was sentenced to life in prison with first parole
eligibility after 30 years. Assistant Prosecuting Attorney
Rick Bell represented the State of Ohio in this case.
The Major Trial Unit handles the most serious criminal offenses. Assistant
prosecutors assigned to the MTU are among the county’s and the state’s
most effective and accomplished trial attorneys.
The unit includes three sections: The Child Victim Section, which handles
cases in which children are victims of sexual assault or serious physical
abuse; the Special Prosecution Section, which handles cases involving
elderly victims and victims with special needs as well as juvenile bind-over
cases; and the Adult Victim Section. Additionally, the Major Trial support
team includes paralegals, law clerks and investigators.
Major Trial Unit 2014
Headline Cases 2014
A family member of Jim Brennan addresses the media
following the sentencing of his three killers.
Yvonne Pointer speaks at Warren’s sentencing.
132015 Report to the Public
Mother Sentenced to 19 Years for
Near-Fatal Abuse of Young Son
Carla Rivera nearly killed her three-year-old son, beating
him and locking him outdoors in bitter sub-freezing
temperatures. After emergency physicians revived the
unresponsive boy, he lost five toes as a result of frostbite
and spent months in the hospital recovering from severe
injuries, organ failure and malnutrition.
Rivera pled guilty to Endangering Children, Felonious
Assault and Domestic Violence. On June 24, Cuyahoga
County Common Pleas Judge Kathleen Ann Sutula
delivered the maximum sentence – 19 years – for
Rivera. Assistant Prosecuting Attorney Jennifer Driscoll
and Assistant Prosecuting Attorney Melissa Riley
represented the State of Ohio in this case.
“Early Morning Rapist” Charged with
Two West-Side Sexual Assaults
On September 25, officials announced that DNA evidence
recovered from the sexual assault kits of two women
attacked on the West Side around Labor Day tied James
W. Daniel III to these assaults.
The Cuyahoga County Medical Examiner’s Crime Lab
detected “touch DNA” taken from the pants pocket of
one assault victim, who was raped on Warren Road in
Lakewood on August 30. This same DNA was recovered
from the sports bra of a woman assaulted on West 104th
Street in Cleveland’s Edgewater neighborhood days later.
More than 20 police officers and investigators also
scoured the neighborhoods for security footage,
interviewed witnesses and interrogated suspects. A grand
jury indicted Daniel on September 26 for these attacks,
an armed robbery and a 2000 sexual assault. Read more
about this case on page 16.
Victim Advocacy
Victim Advocates work with victims and witnesses of crime to help them understand the Criminal Justice System, know their
rights and responsibilities, access services and communicate the impact of crime on their lives. In 2014, advocates with our
office assisted 451 victims of crime. Advocates accompany victims to court hearings, assist with victim impact statements
and help victims find counseling and other supportive services.
“It’s important to me that victims and their families
know they’re not alone. We’re here to advocate for
them and help them start the process of healing.”
-Marya Simmons, Victim Witness Unit Supervisor
with the office since March 2013
Carla Rivera stands
as her sentence is
handed down.
Prosecutor McGinty speaks at a September 25 press
conference on the capture of the Early Morning Rapist.
14 Cuyahoga County Prosecutor’s Office
Justice in Your Neighborhood
Region 1
Region 2
The Cuyahoga County Prosecutor’s Office designates
five regions of the county for purposes of tracking and
prosecuting crimes. General Felony Unit prosecutors are
assigned to a specific region so they are well acquainted
with the communities, crimes and law enforcement agencies
within it. Additionally, newer prosecutors are assigned to
“Region 6,” a unit that supports other General Felony Units
in prosecutions but does not represent an actual geographic
area of the county. The approximately 55 prosecutors of
the General Felony Unit handle more than 90% of all adult
criminal prosecutions within the office. Many of these cases
are low-level felonies, with drug-related cases topping the
most common crimes charged in all but one of the regions.
Geography: City of Cleveland District One, Bay Village, Berea,
Brook Park, Fairview Park, Lakewood, Middleburg Heights,
North Olmsted, Olmsted Falls, Olmsted Township, Rocky
River, Strongsville, and Westlake
Total Population: 380,134
More about Region 1: Region 1 contains the most residents
of all prosecutorial regions in Cuyahoga County, nearly 30
percent. Nevertheless, defendants in Region 1 represent a
proportionate one-fifth of all defendants in the county. Violent
crimes in Region 1 occurred at the second-lowest rate of all
regions in 2014. Drug abuse violations have consistently topped
the FBI crime categories charged over the past few years.
Top Five Crimes Charged
2013 2014
Drug Abuse Violations Drug Abuse Violations
Larceny/Theft Larceny/Theft
Burglary *Sex Offenses
Weapons Violations Weapons Violations
Aggravated Assault Burglary
Region 1 Compared to Cuyahoga County
Number Percent of
total for
county
Total Population 380,134 29.67%
Total Defendants 2,410 20.50%
Total Violent Crimes Charged 1,922 17.86%
Top Five Crimes Charged
2013 2014
Drug Abuse Violations Drug Abuse Violations
Larceny/Theft Larceny/Theft
Burglary Weapons Violations
Aggravated Assault Aggravated Assault
Weapons Violations Burglary
Region 2 Compared to Cuyahoga County
Number Percent of
total for
county
Total Population 265,839 20.75%
Total Defendants 2,524 21.47%
Total Violent Crimes Charged 2,289 21.27%
Geography: City of Cleveland District Two, Broadview Heights,
Brooklyn, Brooklyn Heights, North Royalton, Parma, Parma
Heights, Seven Hills
Total Population: 265,839
More about Region 2: In 2014, the office redrew region lines to
reduce the geographic footprint of Region 2, as it had in 2013
represented a disproportionate number of crimes charged in
the county. The following communities were reassigned to
Region 3: Brecksville, Cuyahoga Heights, Garfield Heights,
Independence, Newburgh Heights, Valley View and Walton
Hills. As with Region 1, Region 2’s top crime charged over the
past few years has been drug abuse violations.
*Sex offenses other than forcible rape, prostitution and vice.
Visit our website at
www.prosecutor.cuyahogacounty.us
for a detailed analysis of
each region.
152015 Report to the Public
Region 3
Region 4
Region 5
Geography: City of Cleveland District Four, Beachwood, Gates
Mills, Highland Heights, Hunting Valley, Lyndhurst, Mayfield,
Mayfield Heights, Pepper Pike, Richmond Heights, Shaker
Heights, South Euclid, University Heights
Total Population: 234,688
More about Region 4: Region 4 includes some of Cleveland’s
highest-crime neighborhoods, along with some of the
county’s most affluent suburbs.
Top Five Crimes Charged
2013 2014
Drug Abuse Violations Drug Abuse Violations
Larceny/Theft Larceny/Theft
Aggravated Assault Weapons Violations
Weapons Violations Aggravated Assault
Forgery/Counterfeiting Burglary
Region 4 Compared to Cuyahoga County
Number Percent of
total for
county
Total Population 234,688 18.32%
Total Defendants 2,085 17.73%
Total Violent Crimes Charged 2,289 21.27%
Geography: City of Cleveland District Three, Bedford, Bedford
Heights, Bentleyville, Brecksville, Chagrin Falls, Chagrin Falls
Township, Cuyahoga Heights, Garfield Heights, Glenwillow,
Highland Hills, Independence, Maple Heights, Moreland Hills,
Newburgh Heights, North Randall, Oakwood, Orange, Solon,
Valley View, Walton Hills, Warrensville Heights, Woodmere
Total Population: 219,874
More about Region 3: Because each region includes a
Cleveland Police District plus outlying suburbs, Region 3 is
the one region that has a small “gap” and is not completely
connected. In 2014, Region 3 was expanded to absorb several
suburbs previously included in Region 2.
Top Five Crimes Charged
2013 2014
*Sex Offenses *Sex Offenses
Drug Abuse Violations Drug Abuse Violations
Larceny/Theft Larceny/Theft
Forcible Rape Weapons Violations
Aggravated Assault Aggravated Assault
Region 3 Compared to Cuyahoga County
Number Percent of
total for
county
Total Population 219,874 17.16%
Total Defendants 2,598 22.10%
Total Violent Crimes Charged 1,627 15.12%
Geography: City of Cleveland District Five, Bratenahl, Cleveland
Heights, East Cleveland, Euclid
Total Population: 180,675
More about Region 5: Region 5 contains the least residents of
all prosecutorial regions in Cuyahoga County, yet assistant
prosecutors assigned to this region manage nearly one
quarter of all violent crimes charged in the county.
Top Five Crimes Charged
2013 2014
Drug Abuse Violations Drug Abuse Violations
Larceny/Theft Weapons Violations
Aggravated Assault Larceny/Theft
Weapons Violations Aggravated Assault
Burglary Robbery
Region 5 Compared to Cuyahoga County
Number Percent of
total for
county
Total Population 180,675 14.10%
Total Defendants 2,140 18.20%
Total Violent Crimes Charged 2,634 24.48%
16 Cuyahoga County Prosecutor’s Office
In 2013, the Cuyahoga County Prosecutor’s Office
established what is now known as the Cuyahoga County
Sexual Assault Kit Task Force to address the more than
4,000 previously untested sexual assault kits that were
being submitted to the Bureau of Criminal Investigation
for DNA testing through the Ohio Attorney General’s
Sexual Assault Kit Initiative.
Investigators, prosecutors and victim advocates have
been working together to pursue justice on behalf of
the victims whom these kits represent. The Task Force
includes members from the Prosecutor’s Office, the
Cleveland Division of Police, the Cuyahoga County
Sheriff’s Department, and the Ohio Bureau of Criminal
Investigations.
The Task Force aims not just to seek justice on behalf
of victims whose cases were left unsolved, but also to
protect the public today from violent predators who
never had to account for their crimes. The importance of
this second goal unfortunately was made starkly clear to
the community in 2014.
In late summer of 2014, two women were brutally raped
in the early morning hours. These attacks occurred three
days and just a few miles apart—one in Lakewood and
one in Cleveland’s Edgewater neighborhood. Recognizing
the danger and urgency that an unidentified, violent rapist
posed to the community, Prosecutor McGinty directed
the Task Force to assist the Cleveland Police Sex Crimes
Unit and the Lakewood Police in investigating. Weeks later,
DNA taken from the pants pockets of one of the victims
produced a hit in the Combined DNA Index System (CODIS)
—to James W. Daniel, III. The Task Force was dismayed to
learn that Daniel had been linked in May to a cold case
rape. While detectives with the Task Force were actively
investigating the case, they were unable to arrest Daniel
before these subsequent attacks took place.
Wanting to prevent other tragic and preventable assaults,
Prosecutor McGinty appealed to Cuyahoga County
Council and to the Ohio Attorney General to ask for
additional funding to accelerate investigations. These
additional investigators will allow the Task Force to reduce
the time it takes to investigate these cases.
As of December 31, 2014, BCI had completed testing on
3,298 kits, 1,300 of which produced hits in the CODIS
system. Once a kit produces a hit, investigators must locate
both victims and defendants, conduct victim interviews,
secure a search warrant and obtain a verification swab of
the defendant’s DNA, and finally arrest the defendant (if he
Heating Up Cold Cases
The Cuyahoga County Sexual Assault Kit Task Force was founded by the Cuyahoga County Prosecutor’s Office in 2013,
combining the expertise of the Prosecutor’s Office, the Cleveland Police Department, the Cuyahoga County Sheriff’s
Department and the Ohio Bureau of Criminal Investigation. Together these entities handle the influx of sexual assault
cases reopened for investigation and prosecution going back to 1993.
Sexual assault kits
inventoried and
in the process of
undergoing DNA
testing at the Ohio
Bureau of Criminal
Investigation.
172015 Report to the Public
is not already incarcerated). Prosecutors work closely with
investigators to ensure cases are prepared thoroughly for
presentation to a Grand Jury.
At the end of 2014, investigators had completed 717 of
1,868 cases opened for investigation. Prosecutors had
indicted 246 cases. Of these, 71 were closed, with a 90.1
percent conviction rate.
Cuyahoga County has indicted and successfully
prosecuted more rapists than any other jurisdiction in
the country that is working through a rape kit backlog.
The Task Force has used novel strategies to hold rapists
accountable – including indicting DNA profiles as “John
Doe” when a suspect has not been identified. This tolls the
statute of limitations and allows the Office to prosecute
defendants when they are identified.
In many ways, Cuyahoga County is leading the nation
in tackling this issue. In October of 2014, it convened a
summit with leaders from Detroit and Memphis. Together
the three cities discussed key issues and best practices.
National advocacy organizations like the Joyful Heart
Foundation and the National Center for Victims of
Crime, as well as representatives from the United States
Department of Justice and the Ohio Attorney General’s
Office, were also present to provide advocacy and policy
updates and to facilitate further collaboration.
Since this time, Cuyahoga County has been called upon
to share the challenges and successes of its Task Force
across the country. Leaders have spoken on nationally
syndicated public radio program The Diane Rehm Show,
in front of state legislators in Washington State and at
training conferences.
A still from surveillance footage in Cleveland’s Edgwater
Neighborhood. The video shows a person duck into hiding
as a runner approaches, then pursuing the runner as she
passes. Security cameras were critical to this investigation.
Anna Whalley (left), from the Shelby County Rape Crisis
Center in Memphis, and Cleveland Plain Dealer reporter
Rachel Dissell, discuss sexual assault kit backlog issues at
the Sexual Assault Kit Summit in October.
4,799
Cuyahoga County rape kits
collected between 1993 and
2010 submitted to the Ohio
BCI laboratory for DNA testing
Completed as of December 31, 2014
3,289
40%
Yield a CODIS hit
By the Numbers
11%
DNA profiles linked to multiple rape
kits. Among defendants, up to 30% are
suspected serial rapists.
$240,889
The estimated
economic harm of one
sexual assault
source: National Institutes of Health
Survivors receiving
assistance from
Sexual Assault
Victim Advocates
254(as of Dec. 2014)
“Victims have expressed the anguish of living a life of fear never knowing when the
man who raped them may reappear. Nothing has brought me more gratification
than to tell a victim that their rapist is dead, in prison, or on his way to prison.”
-Investigator Nicole DiSanto, Cuyahoga County Sexual Assault Kit Task Force
with the office since February 2008
18 Cuyahoga County Prosecutor’s Office
Many of the adults who pass through the adult Criminal
Justice System began their criminal habits as juveniles.
Prosecutor McGinty recognizes that preventing crime
among juveniles is just as important to our office as the
prosecution of juvenile crimes. Youth in Cuyahoga County
need role models and programs to help them understand
personal responsibility, their role in society and how they
can avoid both being victimized and committing crimes that
will affect them for the rest of their lives.
First Assistant Prosecutor Duane Deskins also serves as
the Director of Juvenile Crime Prevention. In this role,
he spearheads community initiatives and strategies to
deter youth crime and to prevent children from turning
to violence. In 2014, the Prosecutor’s Office participated
in a number of crime prevention efforts.
In February, the office partnered with the Juvenile Courts
and a nonprofit violence-prevention organization called
the Whoaman Movement to empower student leaders to
prevent cyberbullying, avoid online crime victimization
and protect their privacy. Speakers also discussed dating
violence and sexual abuse, as many victims of intimate
partner violence are teens.
On August 23, high school athletes from across the region
gathered to take a stand against sexual assault and violence
against women. The Prosecutor’s Office helped organize
this event to stop high school sexual violence before it
spreads to college. Prosecutor McGinty and First Assistant
Deskins were among the speakers. Athletes made the
following pledge: “I promise to never commit or condone
acts of physical or sexual violence toward women or girls.”
Juvenile Justice
Juvenile Justice: Prevention
First time, nonviolent
juvenile offenders
entered into
diversion
185
Assistant Prosecuting
Attorneys assigned to the
Juvenile Justice Division
28 Approx. number of high
school athletes who signed
a pledge to combat sexual
and dating violence
50
Student athletes pledging to take
a stand against sexual assault
and violence against women
192015 Report to the Public
Juvenile Justice: Prosecution
While crime prevention efforts are critical to ensuring
that Cuyahoga County’s youth have the best possible
opportunity to grow up to be contributing members of
society, juveniles who break the law and cause harm to
others must be held accountable for their actions and be
given a chance for rehabilitation.
The mission of the Juvenile Division of the Cuyahoga
County Court of Common Pleas is, “To administer justice,
rehabilitate juveniles, support and strengthen families,
and promote public safety.” The Juvenile Justice Unit of
the Prosecutor’s Office works to support this mission
while seeking justice on behalf of victims of juvenile crime.
In 2014, there were 5,576 defendant cases completed
within the juvenile court system, 75 percent of whom
either pled guilty or were found to be delinquent. Another
82 defendants’ cases were bound over to the Cuyahoga
County Court of Common Pleas to be tried as adults.
The Juvenile Justice Division of the Prosecutor’s Office
comprises the Juvenile Justice Unit and the Juvenile Gang
Intake Unit, which was established in 2014 to assist with
the investigation and prosecution of gang cases in which
many of the gang members are juveniles.
The Juvenile Gang Intake Unit was critical to the June
2014 charging of 43 juvenile members of the Heartless
Felons who caused significant harm to fellow detainees
and employees at the Cuyahoga County Juvenile
Detention Center. This case led to major reforms within
the detention center to improve security.
The Juvenile Gang Unit also worked with Cleveland police
and other law enforcement to build a case against the BBE
900 gang, which committed a number of armed robberies
and felonious assaults. Cleveland’s Cudell neighborhood
serves as the epicenter of the gang’s territory.
While juveniles offenders often go on to commit crimes
as adults, we believe that many have the potential to
avoid this fate with the right support and rehabilitation.
That is why our office works with defendants and with
the courts to recommend rehabilitative sentences, such
as community service, mental health services and drug
treatment, whenever it is appropriate to do so.
Yet it is also true that crimes committed by juveniles can
have a serious impact on victims and the community,
and thus our Juvenile Division works hard to advocate on
their behalf.
“Crime committed by juveniles is still crime. Its impact on victims and
the community is no less because it was committed by a minor. Our work
holds juveniles accountable for their conduct and helps them access the
services and support they need to have a more positive future.”
-APA Joanna Lopez, Juvenile Justice Unit
with the office since October 2013
A social media photo of members of the BBE 900 gang,
some of whom (with faces blurred) are juveniles.
First Assistant Duane Deskins announces charges against
juvenile members of the Heartless Felons gang.
20 Cuyahoga County Prosecutor’s Office
The vast majority of Cuyahoga County’s citizens will
never encounter the Criminal Justice System. While the
Prosecutor’s Office is best known for prosecuting criminal
cases, the work it does to protect and serve the county’s
children touches far more families.
The family is one of the most important institutions
in society. Research shows that children exposed to
domestic violence, drug abuse and poverty are at higher
risk for negative outcomes such as dropping out of
school, juvenile delinquency, homelessness, unplanned
pregnancy and mental illness. These issues directly and
negatively impact our community.
The success of a community depends on the success of its
families. To better serve Cuyahoga County’s families, the
Prosecutor’s Office united the various units that address
matters of family law into one cohesive division.
Within the Family Law Division, the Child Support Unit
represents the Ohio Department
of Job & Family Services’ Child
Support Enforcement Agency.
The 25 assistant prosecuting
attorneys and three support staff
of the Child Support Unit assist in
establishing paternity and enforcing child support orders.
In 2014, the Child Support Unit assisted more than 7,000
children and their custodial parents. Child Support Unit
activities make up nearly 40 percent of all legal matters
handled by the Prosecutor’s Office.
The second unit within the Family Law Division is the
Children and Family Services Unit. As its name implies, this
unit represents the Cuyahoga County Division of Children
& Family Services in protecting children who are at risk
of abuse and neglect. The 19 prosecuting attorneys and
10 support staff of the Children & Family Services Unit
closed nearly 5,500 cases in 2014.
Strengthening Families
In October of 2014, Prosecutor McGinty announced the formation of the Family Law Division, led by Assistant
Prosecuting Attorney Yvonne Billingsley. APA Billingsley is a seasoned advocate for families, having served more than
two decades representing the Department of Job & Family Services. The new Family Law Division aims to provide
holistic legal support to vulnerable children and families in Cuyahoga County through the enforcement of child
support and the prevention of child abuse and neglect.
Children
assisted by
the Child
Support Unit7,249
“Helping children and creating brighter futures are the most
rewarding parts of my job. If I can put a meal on a table or shoes on
a child’s feet by helping to get support to that child’s family,
all my efforts are worth it.”
-APA Daniel Starett, Child Support Unit
with the office since November 2010
212015 Report to the Public
The Civil Unit
The Civil Division represents the County in legal matters
and litigation where the County is a party.
The General Civil Division is the County’s in-house law
firm, providing legal services to County officials, the
Courts, and to some of the County’s many departments,
agencies, boards, and commissions.
One way Civil Division prosecutors impact citizens is by
representing Adult
Protective Services
in cases of suspected
elder abuse, seeking
guardianship and
other legal remedies
for elderly and
vulnerable adults
who are suspected
victims of abuse, neglect or financial exploitation.
The Tax Foreclosure Unit represents the Cuyahoga
County Treasurer by filing foreclosure actions on
tax delinquent properties. This process assists
communities by fighting blight and abandonment and
providing a tax-producing revenue stream through
reutilization of land.
Prosecuting “Dead Beat Parents”
When a parent’s failure to meet child support
obligations rises to the felony level, the Criminal
Non-Support Unit at the Prosecutor’s Office steps
in to prosecute the case. Many of these cases are
referred to this unit when civil enforcement efforts
have been exhausted. Three Assistant Prosecuting
Attorneys make up this unit, which falls within the
Criminal Division of the Prosecutor’s Office.
In 2014, the Criminal Non-Support Unit maintained a
100 percent conviction rate on the cases it handled.
Since 2007, the
unit has collected
nearly $18 million
in child support for
families.
The Appeals Unit
The Appeals Unit falls within the Criminal Division of the
Prosecutor’s Office and has a vital function across the
office in ensuring that criminal convictions are proper
and withstand legal scrutiny. Twelve assistant prosecuting
attorneys work within the unit.
The Unit litigates criminal cases upon appeal and in
post-conviction proceedings in state and federal
courts, to include conducting Capital litigation.
It also supports the trial units by providing information
to trial prosecutors regarding issues of law that arise
during the trial process and supervises the dozens
of law clerks that intern or extern at the Prosecutor’s
Office each year, providing legal research, organization
of evidence exhibits, and transcription and the drafting
of briefs.
The Unit also obtains material witness warrants, assists
law enforcement agencies in obtaining search warrants in
Cuyahoga County on a 24/7 basis, represents the State of
Ohio and victims of crime before the Parole Board, and
provides legal representation to the Prosecutor, Judges
of the courts, and to the Sheriff of Cuyahoga County in
writ actions.
In 2014, the Cuyahoga County Prosecutor’s Office
was successful in the Ohio Supreme Court in State v.
McGlothan, aligning the evidence necessary to prove
cohabitation in domestic violence cases with the reality
of changing social norms.
It was also successful in State v. Amos, mandating that trial
courts obtain all relevant information before imposing
felony sentences; and State v. Tate, holding that courts
should not decide cases based on issues that the parties
have not raised or yet briefed.
The high court also affirmed the death sentences
imposed in two
Cuyahoga County
cases, State v.
Maxwell and State
v. Jackson.
Collected on behalf of
families by the Criminal
Non-Support Unit.
$3.09 million
Legal matters within the Cuyahoga County Prosecutor’s Office include civil matters handled by the Family Law Division and
the Civil Division, as well as litigation matters handled by the Appeals Unit within the Criminal Division.
Legal Matters
Guardianship
motions filed to
protect elderly and
vulnerable adults154
Matters litigated
in the Court of
Common Pleas by
the Appeals Unit
2,028
22 Cuyahoga County Prosecutor’s Office
Public Corruption
When a government employee
or public official breaks the
law in the commission of his
or her duties, it compromises
the integrity of the institution,
damages public trust and
often comes at a great cost to
taxpayers and the community.
It is for these reasons that the
Prosecutor’s Office is committed to rooting out public
corruption in Cuyahoga County and bringing to justice
those who put greed ahead of duty.
The Public Corruption Unit investigates and prosecutes
cases of government corruption. Common charges brought
through these efforts include bribery, theft in office and
receiving improper compensation.
In 2014, the Public Corruption Unit continued in its mission
to vigorously prosecute public corruption and official
misconduct. Twenty-four public officials or employees
in Cuyahoga County were indicted on charges involving
corruption or misconduct relating to their official positions.
This included a public schools superintendent, a public
school employee, a municipal judge, a city law director and
prosecutor, three police officers, a corrections officer, and 14
firefighters. Additionally, the Public Corruption Unit pursued
charges against two attorneys who abused their positions as
court-appointed guardians to steal from their disabled wards.
Included in this list are Bedford Municipal Court Judge Harry
Jacob and Bedford Prosecutor and Law Director Kenneth
Schuman. Schuman pled guilty to Unlawful Interest in a
Public Contract, a felony of the fourth and was sentenced
to serve six months in jail as part of a two-year term of
community control.
Jacob was found guilty following a bench trial of Falsification
and Soliciting and was sentenced to serve a 60 day jail
sentence. Jacob was charged after an investigation revealed
that he had used his judicial office to resolve a case with one
of his prostitutes, and that he created a false journal entry
to allow a Bedford man who was charged with Domestic
Violence to be able to own firearms.
By vigorously prosecuting public officials and employees at
all levels of municipal and county government, the Public
Corruption Unit has aimed to send a message that there will
be zero tolerance for corruption in Cuyahoga County.
Former Director of Buildings and Grounds for the
Richmond Heights School District Richard R. Muse
and former superintendent Dr. Robert J. Moore stand
with attorneys at their sentencing on May 22, 2014.
Moore and Muse were indicted on corruption charges after
the operator of a child care center that rented space in a
Richmond Heights school reported to police that Moore
and Muse threatened to terminate her lease unless she
paid them in cash. Cuyahoga County Common Pleas Judge
Shirley Strickland Saffold sentenced Muse to 10 months in
prison and Moore to 12 months after the two pled guilty to
bribery and theft in office.
Special Initiatives
Cuyahoga County
public officials and
employees indicted
for corruption
24
Organized Crime
The Cuyahoga County Organized Crime Task Force,
which receives funding through the Ohio Organized
Crime Investigations Commission at the Ohio Attorney
General’s Office, allows the prosecutor’s office to work
in close coordination with other agencies to investigate
and prosecute criminal enterprises. In December 2014,
the office announced a racketeering indictment against
seven men who operated a burglary ring spanning
nine counties. Charges targeted 39 burglaries between
November 2012 and May 2014, but investigators and law
enforcement partners continue to evaluate dozens of
other burglaries that may be linked to this enterprise.
Burglars took jewelry other small items that were easy to
carry and could be sold at a flea market.
232015 Report to the Public
Human Trafficking
Human trafficking is a pervasive and often invisible
form of modern slavery in our society. It feeds forced
labor and sexual exploitation, often of people who are
vulnerable because of their age, immigration status, drug
dependency or other factors. This office is committed
to prosecuting those who traffic in persons and to
protecting the victims of human trafficking.
In 2014, the Prosecutor’s Office indicted a total of 13
defendants on human trafficking charges. This year also
marked the first human trafficking plea and the first
human trafficking conviction by jury in Cuyahoga County.
Gregory Krajnyk pled guilty to 13 felonies and was
sentenced to 13 years in prison. A jury found Desmond
Warren guilty of human trafficking, and he was sentenced
to 14 years in prison.
Fighting the Heroin Epidemic
The Internet Crimes Against Children Task Force
The Cuyahoga County Prosecutor’s Office serves as the lead agency for the
Ohio Internet Crimes Against Children Task Force, conducting investigations
and prosecutions in Cuyahoga County and providing training and technical
assistance to other law enforcement agencies across the state. The Task
Force is funded by the Office of Juvenile Justice and Delinquency Prevention
under the U.S. Department of Justice.
Across the state, 342 law enforcement agencies serve as affiliates of the Task
Force. Affiliates work with our Task Force to conduct investigations, going
undercover on social media, tracking down people who produce or trade
child pornography, setting up sting operations to catch would-be predators
and following up on CyberTips submitted to the National Center for Missing
and Exploited Children. Affiliates also participate in trainings and can access a
mobile forensic investigations unit.
The Task Force also provides
presentations and community
outreach to children and parents
on Internet safety topics.
Deaths caused by heroin rose nearly 400 percent between
2007 and 2013. This epidemic has spread to reach men and
women, rich and poor, old and young, black and white.
While the Prosecutor’s Office aggressively prosecutes
dealers whose sales contribute to this staggering death
rate, Prosecutor McGinty acknowledges that we as a
community cannot arrest our way out of this issue.
In 2014, Prosecutor McGinty invested $100,000 of
forfeiture funds to launch an awareness campaign on
the dangers of heroin abuse. This campaign, which is
housed at www.LetsFaceHeroin.com, offers statistics on
heroin deaths in Cuyahoga County as well as resources,
information and videos for teens, parents, users and
community leaders.
The campaign was launched in early 2014 with public
service announcements broadcasting on local television
stations, and continues to serve as an important resource.
Internet safety
presentations
provided to local
schools and
community centers
104presentations to
8,115people
APA Holly Welsh speaks at a human
trafficking awareness event at Tower
City in downtown Cleveland.
24 Cuyahoga County Prosecutor’s Office
As a recipient of taxpayer dollars, the Cuyahoga County
Prosecutor’s Office has a responsibility to be transparent,
ethical, accountable and efficient. So does the entire
Criminal Justice System.
Citizens deserve justice that is delivered without waste,
delay or bias.
That’s why Prosecutor McGinty has pushed both the
Prosecutor’s Office and others in the Criminal Justice
System to rethink how they operate and to share more
information with the public. He believes that government,
like a successful business, can benefit from meaningful
metrics, proven best practices and a commitment to
continuous improvement.
Because so many decision-makers impact the delivery of
justice in Cuyahoga County, it is critical that this office, the
courts, law enforcement agencies and other stakeholders
collaborate effectively to make real and lasting reforms.
One avenue for collaboration is the Cuyahoga County
Criminal Justice Services Governing Board, a forum where
leaders from throughout the system can come together
to address problems or challenges. Prosecutor McGinty
chairs the board’s Agency Council, which is charged with
executing and monitoring the board’s plans as well as
developing information sharing.
Prosecutor McGinty’s priorities for his office and the
justice system include:
Measuring Performance
The Criminal Justice System generates enormous amounts
of data that can aid in predicting, solving and reducing
crimes. It can also provide a roadmap to improve justice
system performance and a window for the public to
evaluate the system.
The Prosecutor’s Office has created a robust case
management system to help assistant prosecutors and
support staff track cases and other legal matters. It also
allows the office to monitor demographic trends, average
length of cases, individual and group performance
metrics and the financial impact of various justice system
actions (or inaction).
This information has identified potential areas for
improvement within the office and across the Criminal
Justice System, seeding needed discussions and
suggesting performance goals. We pledge to push more
data into public view and hope to collaborate with other
Doing Justice Right
The Cuyahoga County Prosecutor’s Office is committed to transparency, accountability and integrity in the
performance of its duties. Just as private companies are accountable to their stakeholders, a public office must report
to the citizens it exists to serve. To fulfill this responsibility and to foster important discourse, the Prosecutor’s Office
has built a broad range of interactive tools and reports that are regularly updated and published online at
www.prosecutor.cuyahogacounty.us.
“Prosecutors are responsible for seeking justice for victims,
defendants and society. To truly achieve justice, we must
discharge these duties as effectively and skillfully as possible.”
-APA John Kosko, Supervisor, General Felony Unit Regions 5 and 6
with the office since 1982
252015 Report to the Public
$2,619,089
Restitution collected
for victims of
economic crimes
Conviction Integrity Unit
All prosecutors want to convict the guilty, not
the innocent. But while the trial and appellate
processes contain important safeguards for
those accused of crime, we recognize that the
Criminal Justice System is a human institution
and therefore cannot be perfect.
That is why Prosecutor McGinty in April 2014
established a unit to investigate wrongful
conviction claims. This Conviction Integrity Unit
serves to safeguard the public and to fulfill our
office’s ethical duty to seek justice in every case.
The mission of the Conviction Integrity Unit
is to review convicted offenders’ legitimate
claims of innocence. The Conviction Integrity
Unit is led by Assistant Prosecuting Attorney
Jose Torres, who serves as Conviction Integrity
Coordinator. In this role, he organizes the work of
the Conviction Integrity Committee and leads all
re-investigations of cases that present a credible
claim of actual innocence.
Eight senior members of the Cuyahoga County
Prosecutor’s Office serve on the Conviction
Integrity Committee.
For more information, visit our website.
Average days from the
time a felony case is
received until a plea
agreement or trial
125
partners to make it as comprehensive as possible.
Indigent Representation
Those accused of a crime need a lawyer as soon as possible
after arrest, regardless of their ability to pay. That might
seem like an odd cause for the Prosecutor’s Office to
champion, but justice demands nothing less. Engaged,
quality defense counsel can help prosecutors determine
what, if any, charges are appropriate and if diversion is
warranted. Non-dangerous defendants should not languish
in jail, and the early involvement of defense counsel can
minimize pretrial delays and cut costs for everyone.
Unfortunately, Cuyahoga County’s system of providing
indigent defense­—which relies more heavily on assigned
counselthanthePublicDefender’sOffice—doesnotfoster
prompt appointment or put the interests of defendants
first. Prosecutor McGinty has brought this issue to the
attention of the public and the Ohio Supreme Court and
hopes to achieve reforms that improve the assignment
process and minimize the potential for corruption.
Central Booking
Prosecutor McGinty and other justice system partners
are working to establish a central booking process at the
Cuyahoga County Justice Center where police, municipal
prosecutors, and county prosecutors will work side by
side­—and ideally, with defense attorneys­—to make
charging decisions, and then to hold bond/bail hearings
within 48 hours for a warrantless arrest. Central booking
will work hand-in-hand with an Early Disposition Court
to achieve a more streamlined and fair charging process.
Early Disposition Court
Early Disposition Court would allow prosecutors and
defense attorneys to conduct early plea negotiations and/
or agree on charges in a criminal case, thereby bypassing
the Grand Jury. This will save Grand Jury costs and speed
low-level cases toward resolution.
Early referral to diversion and drug treatment programs
will reduce recidivism among first-time offenders.
Disposing of low-level cases more expeditiously will free
resources for more serious offenses.
67
Applications to
the Conviction
Integrity Unit for
consideration
26 Cuyahoga County Prosecutor’s Office
Community Outreach
Throughout the summer months, the Cuyahoga County Prosecutor’s Office brings Operation Child Protect
to festivals and other public events. Operation Child Protect is a grant-funded program that provides
identification kits for children ages 5 to 17 that include fingerprints, a DNA swab and photo identification.
Parents can keep these kits on-hand and provide them to law enforcement in the unfortunate event their
child goes missing. This program is popular with children and their parents alike, and provides employees
a great opportunity to get out in the community and meet the citizens we serve.
Operation Child Protect is just one of many efforts the office participates in to provide outreach to the
community. Employees also regularly participate in community safety meetings, provide presentation to
schools and volunteer with other agencies in the county.
Be sure to follow the Cuyahoga County Prosecutor’s Office on Facebook (search “Cuyahoga County
Prosecutor’s Office”) and Twitter (@Pros_TimMcGinty) to get alerts about upcoming events and other
opportunities to engage with the office.
“We are a team. We are dedicated to improving the lives of
the children and families of Cuyahoga County, and together,
we work to protect children from harm
and to keep them safe.”
-Hayam Ayyad, Paralegal
Children & Family Services Unit
with the office since November 2013
272015 Report to the Public
Community Resources
Resources for Victims
The Victim-Witness Unit provides intensive
services to victims of crime whose cases are being
prosecuted through the office, with a special focus
on violent crime, sexual assault cases and cases in
which children are among the victims. The office
also provides victim notifications to keep victims
informed throughout a case’s progression.
Requesting Public Records
Government records are the people’s records;
thus the office serves merely as a trustee. The
office seeks to fulfill public records requests
in a timely, thorough and courteous manner.
Requests can be submitted online, via email,
letter, fax, phone or by in-person request to
the office during business hours. Records
requests for criminal cases cannot be honored
or completed until after the file is closed.
Conviction Integrity Unit
Information for submitting a case for review to
the Conviction Integrity Unit, along with relevant
forms,isavailableonline.Iftheconvictedoffender
is represented by counsel, all communication
with the office must be through the attorney.
Request a Speaker
Schools, clubs and other organizations can
request a speaker from the office by visiting the
office’s website or by submitting an email to
info@prosecutor.cuyahogacounty.us.
Sealing a Public Record
A criminal record can make it difficult to find
a job or housing. Part of our office’s efforts to
promote safer communities is allowing low-level
and first-time offenders opportunities to better
their lives and find alternatives to crime. To this
end, Prosecutor McGinty has a team of assistant
prosecuting attorneys who review applications
for sealing (often called “expungement”) of
records of eligible offenders. More information
about eligibility and the request process is
available online.
Learn more about each of these resources. Visit
www.prosecutor.cuyahogacounty.us and click on
“Community Resources.”
Many Assistant Prosecuting Attorneys from the office
regularly volunteer to lend their expertise at free events for
the public. This includes Brief Advice Clinics through the
Legal Aid Society of Cleveland as well as Kinship Caregiver
Workshops hosted in partnership with a number of local
agencies designed to help grandparent-caregivers and
other family members understand legal options in caring
for minor relatives. Pictured above: APA Janice Walker
volunteering with the Legal Aid Society of Cleveland.
Cuyahoga County Prosecutor’s Office staff participated in
the Operation Safe Halloween, hosted by the Cuyahoga
County Sheriff’s Department. This kid-friendly event
allowed families to collect Halloween candy while getting
to know law enforcement and safety forces.
The Cuyahoga County
Office of the Prosecutor
1200 Ontario Street
Courts Tower, Ninth Floor
Cleveland, Ohio 44113
(216) 443-7800
www.prosecutor.cuyahogacounty.us

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CCPO-2015 report to the public

  • 1. C U Y A H O G A C O U N T Y OFFICE OF THE PROSECUTOR 2015 REPORT TO THE PUBLIC
  • 2. T I M O T H Y J . M c G I N T Y C U Y A H O G A C O U N T Y P R O S E C U T I N G A T T O R N E Y
  • 3. Working for Justice - 6 A Message from Your County Prosecutor - 4 Contents Training Our Workforce - 8 2014 Snapshot: The Work of the Office - 10 Office Leadership - 5 C U Y A H O G A C O U N T Y O F F I C E O F T H E P R O S E C U T O R 2015 Report to the Public Headline Cases 2014 - 12 Heating Up Cold Cases - 16 Juvenile Justice: Prevention and Prosecution - 18 Justice in Your Neighborhood - 14 Strengthening Families - 20 Special Initiatives - 22 Doing Justice Right - 24 Community Outreach - 26 In Their Own Words >>> Hear from Prosecutor’s Office employees throughout this report as they reflect on working for justice in Cuyahoga County.
  • 4. 4 Cuyahoga County Prosecutor’s Office A Message from Your County Prosecutor In depth of talent, the Cuyahoga County Prosecutor’s Office rivals any of Cleveland’s major private law firms. We have 220 lawyers, plus another 120 paralegals, investigators and support personnel. As this report shows, they handle a wide range of criminal, civil and administrative law tasks for the people of Cuyahoga County. But no one works alone. Not only is our office a team, but every day we partner with other law enforcement organizations, government agencies and nonprofit groups. These partners bring special expertise, fresh perspectives and additional resources. We have been cultivating a Culture of Collaboration since I became County Prosecutor. The rationale is simple: By working together, we multiply the impact of everything we do. Our signature Sexual Assault Kit Task Force is Exhibit A. This partnership includes the Cleveland Division of Police, the Cuyahoga County Sheriff’s Department and the Ohio Bureau of Criminal Investigation. In 2014, we obtained added funding from Cuyahoga County Council and Ohio Attorney General Mike DeWine. Last fall, we organized a summit with partners from Memphis and Detroit, as well as the Justice Department and the Joyful Heart Foundation, to compare notes and identify best practices. That’s collaboration at work. We brought together partners to track down the “Early Morning Rapist” and to crack a nine-county burglary ring. We worked with local authorities and the U.S. Marshals to round up violent gang members, teamed up with the FBI and the U.S. Attorney to target human traffickers, and collaborated with the Ohio Investigative Unit and the Secret Service to bring down gamblers. We partnered with educators and medical professionals to sound the alarm on heroin. We convened anchor institutions, neighborhood development groups, the county Land Bank and the City of Cleveland to target abandoned properties for demolition. We have assisted thousands of children and their families in collecting child support and have had a major impact on juvenile gang activity. Collaboration stretches your tax dollars and enables all of us to do more than we could alone. It enables us to build a safer community and to help restore public confidence in government. Most important, it improves the quality of justice for every person in Cuyahoga County.
  • 5. 52015 Report to the Public Timothy J. McGinty was elected Cuyahoga County Prosecuting Attorney in November 2012, after serving more than 18 years as a Cuyahoga County Common Pleas Judge and the decade before that as an assistant prosecuting attorney under the late John T. Corrigan and Stephanie Tubbs Jones. In 1992 the Ohio Patrolmen’s Benevolent Association named him Ohio Prosecutor of the Year. Prosecutor McGinty is a lifelong Cuyahoga County resident. He is a graduate of St. Edward High School and Heidelberg College. He earned his Juris Doctor degree from Cleveland State University’s Cleveland-Marshall College of Law. In 2000, he earned a master’s degree in judicial studies from the University of Nevada, Reno. Prosecutor McGinty has taken on several important initiatives, including justice system reform, the investigation and prosecution of cold case sexual assaults, the implementation and of performance measurement and case management technology andtheaggressiveprosecutionofpubliccorruption. Prosecutor McGinty has been married for over 40 years to Ellen, a registered nurse. He is the father of two and now a proud grandfather. Charles Hannan Litigation Manager, Civil Division Andrew Nichol Chief, Criminal Division Duane Deskins First Assistant Prosecutor; Chief, Juvenile Justice Division and Director of Juvenile Crime Prevention Richard A. Bell Chief, Special Investigations Division Jane M. Platten Chief of Staff Yvonne Billingsley Chief, Family Law Division Office Leadership About Prosecutor Timothy J. McGinty A Mission of Justice The Cuyahoga County Prosecutor’s Office is committed to making Cuyahoga County a thriving and safe place to live, work and conduct business. The State of Ohio, through the Ohio Revised Code Chapter 309, empowers the county prosecuting attorney with the duty and obligation to: “Inquire into the commission of crimes within the county. The pros­ecuting attorney shall prosecute, on behalf of the state, all complaints, suits, and controversies in which the state is a party,… and other suits, matters, and controversies that the prosecuting attorney is required to prosecute within or outside the county, in the probate court, court of common pleas, and court of appeals. In conjunction with the attorney general, the prosecuting attorney shall prosecute in the supreme court cases arising in the prosecuting attorney’s county.” ORC §309.08 Timothy J. McGinty Prosecuting Attorney
  • 6. 6 Cuyahoga County Prosecutor’s Office Office Overview Timothy J. McGinty, Prosecuting Attorney What is a Prosecutor? The Cuyahoga County Prosecuting Attorney is an elected official who represents the citizens of Cuyahoga County in both criminal and civil legal matters. Prosecutor Timothy J. McGinty was elected in November 2012 to serve a four-year term. Our Office The Office of the Prosecutor employes more than 340 people, including 220 assistant prosecuting attorneys (APAs) and about 120 administrative/ support staff providing technical, clerical and administrative expertise. The office headquarters are in the Cuyahoga County Justice Center, with other offices in the Juvenile Justice Center, the old Cuyahoga County Courthouse and the Department of Children and Family Services. Contact Us The Cuyahoga County Office of the Prosecutor 1200 Ontario Street Courts Tower, Ninth Floor Cleveland, Ohio 44113 Office Hours: Monday - Friday, 8:30 a.m. - 4:30 p.m. (216) 443-7800 www.prosecutor.cuyahogacounty.us Join Our Team The Cuyahoga County Prosecutor’s Office is always seeking dedicated, talented professionals who are committed to public service. Visit our website at www.prosecutor.cuyahogacounty.us and click on “Careers” to learn more. ADMINISTRATION Jane M. Platten, Chief of Staff Communications Joseph F. Frolik Director of Communications & Public Policy Finance and Operations Marvin J. Davies III Director of Finance & Operations Human Resources Beverly Dean, Human Resources Manager Information Systems Pete Szegeti, Information Systems Director 2014 Divisions and Leadership CIVIL DIVISION APA Charles E. Hannan, Litigation Manager Civil Unit APA Gregory G. Huth, Unit Supervisor Real Estate Tax Foreclosure Unit APA Colleen A. Majeski, Unit Supervisor JUVENILE DIVISION First Assistant Prosecutor Duane Deskins, Chief, and Director of Juvenile Crime Prevention Juvenile Justice Unit APA Ralph Kolasinski, Unit Supervisor Managing Attorney: APA Robin D. Belcher Managing Attorney (Gang Intake): Scott C. Zarzycki WORKING FOR JUSTICE
  • 7. 72015 Report to the Public CRIMINAL DIVISION APA Andy Nichol, Chief Appeals Unit APA T. Allan Regas, Unit Supervisor Criminal Non-Support Unit APA Kristine Pesho, Managing Attorney Expedited Case Management Unit APA Terese McKenna, Unit Supervisor General Felony Unit, Region 1 APA Gregory J. Mussman, Unit Supervisor General Felony Unit, Region 2 APA Michael C. O’Malley, Unit Supervisor General Felony Unit, Region 3 APA Diane P. Russell, Unit Supervisor General Felony Unit, Region 4 APA Jose A. Torres, Unit Supervisor General Felony Unit, Region 5/6 APA John R. Kosko, Unit Supervisor Grand Jury Unit APA Andy Nichol, Unit Supervisor Major Drug Offenders Unit APA Deborah Naiman, Unit Supervisor Major Trial Unit APA Saleh S. Awadallah, Unit Supervisor Victim Witness Advocacy Unit Marya Simmons, Unit Supervisor FAMILY LAW DIVISION APA Yvonne C. Billingsley, Chief Child Support Unit APA Dorcas Russo, Unit Supervisor Assistant Unit Supervisor APA Steven W. Ritz Managing Attorneys: APA Farah L. Emeka, APA Terri M. Hammons-Brown, APA Joseph Young Children & Family Services Unit APA Michelle Myers, Unit Supervisor Managing Attorneys: APA Laura M. Brewster, APA Amy Carson, APA Cheryl Rice SPECIAL INVESTIGATIONS DIVISION APA Richard A. Bell, Chief Economic Crimes Unit APA Paul Soucie, Unit Supervisor Internet Crimes Against Children Unit APA Holly M. Welsh, Unit Supervisor Investigations Unit Michael J. O’Malley, Unit Supervisor Organized Crime Task Force Timothy Oleksiak, Unit Supervisor Public Corruption Unit APA Matthew E. Meyer, Unit Supervisor Sexual Assault Kit Task Force APA Brett Kyker, Unit Supervisor “My decision to work as a prosecutor comes from my desire to work toward justice and to do good. I have learned from the attorneys that surround me and grown as an attorney through the daily challenges of critically analyzing legal questions and handling cases.” -APA Daniel Van, Appeals Unit with the office since May 2009
  • 8. 8 Cuyahoga County Prosecutor’s Office Safety for Criminal Justice Employees The Cuyahoga County Prosecutor’s Office works to keep people safe in Cuyahoga County – and that includes the more than 350 who work in the Prosecutor’s Office. Not so long ago, the idea that criminals would lash out against judges, prosecutors and others who work in the court system was almost unimaginable. Sadly that is no longer true. A California researcher reports that during the six decades that began in 1950, there were 86 serious attacks on justice system employees in the U.S. Since 2010, there have been more than 20. In 2013, two prosecutors were killed in Texas. Colorado’s top prisons official was gunned down at his front door. In April of 2014, the father of a North Carolina prosecutor was kidnapped on orders from a high-ranking gang leader she had helped send to prison for life. In June of 2014, a self-described “sovereign citizen” opened fire at a courthouse in suburban Atlanta. Because of this disturbing trend, the Prosecutor’s Office hosted a daylong safety seminar for all employees, as well as our colleagues from across Northern Ohio, in August. The training covered Internet safety, safety awareness and basic self defense, as well as policies and protocol for addressing threats in the workplace. Training our Workforce Fostering Talent A skilled workforce ensures effective pursuit of justice. The Prosecutor’s Office provides unparalleled opportunity for professional growth for attorneys and non-attorneys alike. Assistant prosecutors receive guidance and mentoring from supervisors and seasoned litigators, and receive increased responsibility in the courtroom as their skills improve. Administrative and support staff contribute to special projects to expand their knowledge of the Criminal Justice System, public service and their particular fields of expertise. The office hosts conferences and trainings featuring leading national experts throughout the year to supplement day-to-day learning. We also encourage our employees to seek out continuing education opportunities that will further hone their skills. Two deputies from the Cuyahoga County Sheriff’s Department demonstrate self defense tactics during an August safety training for employees. Deputy Sheriff Joseph Skovira emphasized that being aware of one’s circumstances and avoiding dangerous situations are far more important safety tactics than specific combat techniques or self defense strategies.
  • 9. 92015 Report to the Public Domestic Violence In just two weeks of 2014 in Cuyahoga County, three women were murdered by the men in their lives, each of whom had a criminal history of escalating domestic violence. These tragedies prompted Cuyahoga County’s Criminal Justice System to take a serious look at how it handles domestic violence cases. This includes empowering prosecutors with the tools to better understand domestic violence with the goal of preventing future domestic violence tragedies. Investigating and prosecuting these cases is challenging because victims know their attackers and are often dependent on them in may ways. Fearing for their own safety and the safety of their children, victims are often reluctant to participate in their cases. Prosecutors and law enforcement must balance the immediate safety of victims with the pursuit of justice and the prevention of future—and unfortunately sometimes deadly—attacks. In December, the office brought domestic violence survivors, criminal justice partners and experts to discuss best practices in handling domestic violence cases. More than 300 attendees learned critical lessons for ensuring victim safety while working domestic violence cases. Domestic violence survivor Susan Still, whose former husband received a record 36-year prison sentence in New York for nonfatal domestic violence, described the abuse she suffered, how she escaped and her perspective on the criminal proceedings in her case during a December 2014 training hosted by the Prosecutor’s Office. For prosecutors and law enforcement officers, understanding a domestic violence victim’s mindset is critical. Terry v. Ohio History matters, especially in law where precedent is so important. In December, the office had the privilege of hosting a panel of esteemed attorneys and law professionals to discuss one of the most important criminal cases in the modern history of the Supreme Court of the United States: Terry v. Ohio. In June of 1968, the Supreme Court affirmed the State’s position that a police officer may act upon reasonable suspicion and search a criminal suspect for the purpose of officer safety. To discuss the importance of this case, the Prosecutor’s Office hosted a panel in December 2014 that included former Congressman Louis Stokes, who represented Terry in this case and Tyrone Brown, who served as a law clerk to Chief Justice Earl Warren at the time of this decision. The two were joined by criminal law experts. Former Congressman Louis Stokes discusses the landmark Supreme Court Ruling Terry v. Ohio. Next to him on the panel is Dr. Lewis Katz, criminal law professor at Case Western Reserve University. “I’ve been very fortunate to have supervisors and mentors who push and guide me to become a better attorney today than I was yesterday. It’s uplifting to know they genuinely care about my professional development.” -APA Jonathan McDonald, General Felony Unit with the office since April 2014
  • 10. 10 Cuyahoga County Prosecutor’s Office Crime Trends Defendants Nonviolent Violent Crimes Charged in Cuyahoga County 2010 2011 2012 2013 2014 18.5% Decrease in total crimes charged between 2010 and 2014 Adult Defendants 10,590 Total adults charged in 2014 2010 2011 2012 2013 2014 Juvenile Defendants 5,576 Total juveniles charged in 2014 Top Ten Crime Categories Charged Drug Abuse Violations Burglary Larceny/Theft Robbery *Sex Offenses Forcible Rape Weapons Violations Forgery/Counterfeiting Aggravated Assault Vandalism *Sex offenses other than forcible rape, prostitution and vice (includes gross sexual imposition, statutory rape, etc.) Other Hispanic Caucasian African American Race/Ethnicity Female Male Gender Other Hispanic Caucasian African American Race/Ethnicity Female Male Gender 2010 2011 2012 2013 2014 The Work of the Office in 2014 305 Cases proceeded to trial in 2014 of cases were resolved at the pretrial stage (through plea agreements, diversion, etc.) 97% Under 10 Over 18 10 to 13 14 to 17 Age 18 to 25 26 to 35 36 to 50 51 to 65 Over 65 Under 18 Age Case Resolution 20 Cases eligible for capital specifications (death penalty) 1 Case indicted with capital specifications 2014 Capital Cases Not Guilty Guilty Results of Cases That Went to Trial 71% 29%
  • 11. 112015 Report to the Public Legal Matters Children & Family Services Civil Appeals Child Support Enforcement Search warrants prepared by the Appeals Unit 921 Arguments at the Ohio Supreme Court by the Appeals Unit 8 4,061 Issues completed by the Civil Unit 136 Adoption petitions completed on behalf of Children & Family Services to protect abused and neglected children Office Snapshot 2014 operating budget for the Cuyahoga County Prosecutor’s Office $31.2 million 134 Criminal Division total employees 357 32 Administration 40 Civil Division 66 Family Law Division 33 Juvenile Justice Division 52 Special Investigations Division Office Demographics 55% of employees are women Caucasian African American Hispanic Asian Arab American Indian 60% of employees are attorneys Budget 806 Arrest hearings scheduled for child support obligors “The work I do is important because it protects the public. As prosecutors, we’re charged with enforcing the laws on which we all depend for safety and justice.” -APA Brandon A. Piteo, Juvenile Justice Unit With the CCPO since April 2014 62% Salaries 22% Benefits 2% Commodities 6% Contracts & Professional Services 4% Controlled Services 6% Other Operating 1% Capital Outlays
  • 12. 12 Cuyahoga County Prosecutor’s Office The Major Trial Unit Cleveland Heights Restaurateur Killed in Armed Robbery Cleveland Heights restaurant owner Jim Brennan was murdered on June 30, 2014, in his bar, Brennan’s Colony, during a botched robbery that was planned by a dishwasher employed at Brennan’s Colony, his brother and another man. Brandon Jones, Darien Jones and Devonne Turner pled guilty to identical charges including Aggravated Murder, Aggravated Robbery, Aggravated Burglary and Kidnapping. The three defendants were each sentenced to life in prison, with parole eligibility for Darien Jones and Turner after 37 years and for Brandon Jones after 40 years. Assistant Prosecutors Blaise Thomas and Mahmoud Awadallah led the prosecution in this case. Hernandez Warren Sentencing Closes Case on Gloria Pointer Murder Thirty years after the gruesome murder of 14-year-old Gloria Pointer, who was raped and killed while walking to school in December 1984, her mother Yvonne was able to face Gloria’s killer and tell him about the promising life he had extinguished. Warren was arrested in May 2013 after a partial DNA profile was uploaded to Ohio’s DNA database of offenders and linked to Warren. Investigators from the Prosecutor’s Office, along with Cleveland police, the FBI and the Sheriff’s Department, interviewed Warren and secured the confession that led to his guilty plea. On May 23, 2014, he was sentenced to life in prison with first parole eligibility after 30 years. Assistant Prosecuting Attorney Rick Bell represented the State of Ohio in this case. The Major Trial Unit handles the most serious criminal offenses. Assistant prosecutors assigned to the MTU are among the county’s and the state’s most effective and accomplished trial attorneys. The unit includes three sections: The Child Victim Section, which handles cases in which children are victims of sexual assault or serious physical abuse; the Special Prosecution Section, which handles cases involving elderly victims and victims with special needs as well as juvenile bind-over cases; and the Adult Victim Section. Additionally, the Major Trial support team includes paralegals, law clerks and investigators. Major Trial Unit 2014 Headline Cases 2014 A family member of Jim Brennan addresses the media following the sentencing of his three killers. Yvonne Pointer speaks at Warren’s sentencing.
  • 13. 132015 Report to the Public Mother Sentenced to 19 Years for Near-Fatal Abuse of Young Son Carla Rivera nearly killed her three-year-old son, beating him and locking him outdoors in bitter sub-freezing temperatures. After emergency physicians revived the unresponsive boy, he lost five toes as a result of frostbite and spent months in the hospital recovering from severe injuries, organ failure and malnutrition. Rivera pled guilty to Endangering Children, Felonious Assault and Domestic Violence. On June 24, Cuyahoga County Common Pleas Judge Kathleen Ann Sutula delivered the maximum sentence – 19 years – for Rivera. Assistant Prosecuting Attorney Jennifer Driscoll and Assistant Prosecuting Attorney Melissa Riley represented the State of Ohio in this case. “Early Morning Rapist” Charged with Two West-Side Sexual Assaults On September 25, officials announced that DNA evidence recovered from the sexual assault kits of two women attacked on the West Side around Labor Day tied James W. Daniel III to these assaults. The Cuyahoga County Medical Examiner’s Crime Lab detected “touch DNA” taken from the pants pocket of one assault victim, who was raped on Warren Road in Lakewood on August 30. This same DNA was recovered from the sports bra of a woman assaulted on West 104th Street in Cleveland’s Edgewater neighborhood days later. More than 20 police officers and investigators also scoured the neighborhoods for security footage, interviewed witnesses and interrogated suspects. A grand jury indicted Daniel on September 26 for these attacks, an armed robbery and a 2000 sexual assault. Read more about this case on page 16. Victim Advocacy Victim Advocates work with victims and witnesses of crime to help them understand the Criminal Justice System, know their rights and responsibilities, access services and communicate the impact of crime on their lives. In 2014, advocates with our office assisted 451 victims of crime. Advocates accompany victims to court hearings, assist with victim impact statements and help victims find counseling and other supportive services. “It’s important to me that victims and their families know they’re not alone. We’re here to advocate for them and help them start the process of healing.” -Marya Simmons, Victim Witness Unit Supervisor with the office since March 2013 Carla Rivera stands as her sentence is handed down. Prosecutor McGinty speaks at a September 25 press conference on the capture of the Early Morning Rapist.
  • 14. 14 Cuyahoga County Prosecutor’s Office Justice in Your Neighborhood Region 1 Region 2 The Cuyahoga County Prosecutor’s Office designates five regions of the county for purposes of tracking and prosecuting crimes. General Felony Unit prosecutors are assigned to a specific region so they are well acquainted with the communities, crimes and law enforcement agencies within it. Additionally, newer prosecutors are assigned to “Region 6,” a unit that supports other General Felony Units in prosecutions but does not represent an actual geographic area of the county. The approximately 55 prosecutors of the General Felony Unit handle more than 90% of all adult criminal prosecutions within the office. Many of these cases are low-level felonies, with drug-related cases topping the most common crimes charged in all but one of the regions. Geography: City of Cleveland District One, Bay Village, Berea, Brook Park, Fairview Park, Lakewood, Middleburg Heights, North Olmsted, Olmsted Falls, Olmsted Township, Rocky River, Strongsville, and Westlake Total Population: 380,134 More about Region 1: Region 1 contains the most residents of all prosecutorial regions in Cuyahoga County, nearly 30 percent. Nevertheless, defendants in Region 1 represent a proportionate one-fifth of all defendants in the county. Violent crimes in Region 1 occurred at the second-lowest rate of all regions in 2014. Drug abuse violations have consistently topped the FBI crime categories charged over the past few years. Top Five Crimes Charged 2013 2014 Drug Abuse Violations Drug Abuse Violations Larceny/Theft Larceny/Theft Burglary *Sex Offenses Weapons Violations Weapons Violations Aggravated Assault Burglary Region 1 Compared to Cuyahoga County Number Percent of total for county Total Population 380,134 29.67% Total Defendants 2,410 20.50% Total Violent Crimes Charged 1,922 17.86% Top Five Crimes Charged 2013 2014 Drug Abuse Violations Drug Abuse Violations Larceny/Theft Larceny/Theft Burglary Weapons Violations Aggravated Assault Aggravated Assault Weapons Violations Burglary Region 2 Compared to Cuyahoga County Number Percent of total for county Total Population 265,839 20.75% Total Defendants 2,524 21.47% Total Violent Crimes Charged 2,289 21.27% Geography: City of Cleveland District Two, Broadview Heights, Brooklyn, Brooklyn Heights, North Royalton, Parma, Parma Heights, Seven Hills Total Population: 265,839 More about Region 2: In 2014, the office redrew region lines to reduce the geographic footprint of Region 2, as it had in 2013 represented a disproportionate number of crimes charged in the county. The following communities were reassigned to Region 3: Brecksville, Cuyahoga Heights, Garfield Heights, Independence, Newburgh Heights, Valley View and Walton Hills. As with Region 1, Region 2’s top crime charged over the past few years has been drug abuse violations. *Sex offenses other than forcible rape, prostitution and vice. Visit our website at www.prosecutor.cuyahogacounty.us for a detailed analysis of each region.
  • 15. 152015 Report to the Public Region 3 Region 4 Region 5 Geography: City of Cleveland District Four, Beachwood, Gates Mills, Highland Heights, Hunting Valley, Lyndhurst, Mayfield, Mayfield Heights, Pepper Pike, Richmond Heights, Shaker Heights, South Euclid, University Heights Total Population: 234,688 More about Region 4: Region 4 includes some of Cleveland’s highest-crime neighborhoods, along with some of the county’s most affluent suburbs. Top Five Crimes Charged 2013 2014 Drug Abuse Violations Drug Abuse Violations Larceny/Theft Larceny/Theft Aggravated Assault Weapons Violations Weapons Violations Aggravated Assault Forgery/Counterfeiting Burglary Region 4 Compared to Cuyahoga County Number Percent of total for county Total Population 234,688 18.32% Total Defendants 2,085 17.73% Total Violent Crimes Charged 2,289 21.27% Geography: City of Cleveland District Three, Bedford, Bedford Heights, Bentleyville, Brecksville, Chagrin Falls, Chagrin Falls Township, Cuyahoga Heights, Garfield Heights, Glenwillow, Highland Hills, Independence, Maple Heights, Moreland Hills, Newburgh Heights, North Randall, Oakwood, Orange, Solon, Valley View, Walton Hills, Warrensville Heights, Woodmere Total Population: 219,874 More about Region 3: Because each region includes a Cleveland Police District plus outlying suburbs, Region 3 is the one region that has a small “gap” and is not completely connected. In 2014, Region 3 was expanded to absorb several suburbs previously included in Region 2. Top Five Crimes Charged 2013 2014 *Sex Offenses *Sex Offenses Drug Abuse Violations Drug Abuse Violations Larceny/Theft Larceny/Theft Forcible Rape Weapons Violations Aggravated Assault Aggravated Assault Region 3 Compared to Cuyahoga County Number Percent of total for county Total Population 219,874 17.16% Total Defendants 2,598 22.10% Total Violent Crimes Charged 1,627 15.12% Geography: City of Cleveland District Five, Bratenahl, Cleveland Heights, East Cleveland, Euclid Total Population: 180,675 More about Region 5: Region 5 contains the least residents of all prosecutorial regions in Cuyahoga County, yet assistant prosecutors assigned to this region manage nearly one quarter of all violent crimes charged in the county. Top Five Crimes Charged 2013 2014 Drug Abuse Violations Drug Abuse Violations Larceny/Theft Weapons Violations Aggravated Assault Larceny/Theft Weapons Violations Aggravated Assault Burglary Robbery Region 5 Compared to Cuyahoga County Number Percent of total for county Total Population 180,675 14.10% Total Defendants 2,140 18.20% Total Violent Crimes Charged 2,634 24.48%
  • 16. 16 Cuyahoga County Prosecutor’s Office In 2013, the Cuyahoga County Prosecutor’s Office established what is now known as the Cuyahoga County Sexual Assault Kit Task Force to address the more than 4,000 previously untested sexual assault kits that were being submitted to the Bureau of Criminal Investigation for DNA testing through the Ohio Attorney General’s Sexual Assault Kit Initiative. Investigators, prosecutors and victim advocates have been working together to pursue justice on behalf of the victims whom these kits represent. The Task Force includes members from the Prosecutor’s Office, the Cleveland Division of Police, the Cuyahoga County Sheriff’s Department, and the Ohio Bureau of Criminal Investigations. The Task Force aims not just to seek justice on behalf of victims whose cases were left unsolved, but also to protect the public today from violent predators who never had to account for their crimes. The importance of this second goal unfortunately was made starkly clear to the community in 2014. In late summer of 2014, two women were brutally raped in the early morning hours. These attacks occurred three days and just a few miles apart—one in Lakewood and one in Cleveland’s Edgewater neighborhood. Recognizing the danger and urgency that an unidentified, violent rapist posed to the community, Prosecutor McGinty directed the Task Force to assist the Cleveland Police Sex Crimes Unit and the Lakewood Police in investigating. Weeks later, DNA taken from the pants pockets of one of the victims produced a hit in the Combined DNA Index System (CODIS) —to James W. Daniel, III. The Task Force was dismayed to learn that Daniel had been linked in May to a cold case rape. While detectives with the Task Force were actively investigating the case, they were unable to arrest Daniel before these subsequent attacks took place. Wanting to prevent other tragic and preventable assaults, Prosecutor McGinty appealed to Cuyahoga County Council and to the Ohio Attorney General to ask for additional funding to accelerate investigations. These additional investigators will allow the Task Force to reduce the time it takes to investigate these cases. As of December 31, 2014, BCI had completed testing on 3,298 kits, 1,300 of which produced hits in the CODIS system. Once a kit produces a hit, investigators must locate both victims and defendants, conduct victim interviews, secure a search warrant and obtain a verification swab of the defendant’s DNA, and finally arrest the defendant (if he Heating Up Cold Cases The Cuyahoga County Sexual Assault Kit Task Force was founded by the Cuyahoga County Prosecutor’s Office in 2013, combining the expertise of the Prosecutor’s Office, the Cleveland Police Department, the Cuyahoga County Sheriff’s Department and the Ohio Bureau of Criminal Investigation. Together these entities handle the influx of sexual assault cases reopened for investigation and prosecution going back to 1993. Sexual assault kits inventoried and in the process of undergoing DNA testing at the Ohio Bureau of Criminal Investigation.
  • 17. 172015 Report to the Public is not already incarcerated). Prosecutors work closely with investigators to ensure cases are prepared thoroughly for presentation to a Grand Jury. At the end of 2014, investigators had completed 717 of 1,868 cases opened for investigation. Prosecutors had indicted 246 cases. Of these, 71 were closed, with a 90.1 percent conviction rate. Cuyahoga County has indicted and successfully prosecuted more rapists than any other jurisdiction in the country that is working through a rape kit backlog. The Task Force has used novel strategies to hold rapists accountable – including indicting DNA profiles as “John Doe” when a suspect has not been identified. This tolls the statute of limitations and allows the Office to prosecute defendants when they are identified. In many ways, Cuyahoga County is leading the nation in tackling this issue. In October of 2014, it convened a summit with leaders from Detroit and Memphis. Together the three cities discussed key issues and best practices. National advocacy organizations like the Joyful Heart Foundation and the National Center for Victims of Crime, as well as representatives from the United States Department of Justice and the Ohio Attorney General’s Office, were also present to provide advocacy and policy updates and to facilitate further collaboration. Since this time, Cuyahoga County has been called upon to share the challenges and successes of its Task Force across the country. Leaders have spoken on nationally syndicated public radio program The Diane Rehm Show, in front of state legislators in Washington State and at training conferences. A still from surveillance footage in Cleveland’s Edgwater Neighborhood. The video shows a person duck into hiding as a runner approaches, then pursuing the runner as she passes. Security cameras were critical to this investigation. Anna Whalley (left), from the Shelby County Rape Crisis Center in Memphis, and Cleveland Plain Dealer reporter Rachel Dissell, discuss sexual assault kit backlog issues at the Sexual Assault Kit Summit in October. 4,799 Cuyahoga County rape kits collected between 1993 and 2010 submitted to the Ohio BCI laboratory for DNA testing Completed as of December 31, 2014 3,289 40% Yield a CODIS hit By the Numbers 11% DNA profiles linked to multiple rape kits. Among defendants, up to 30% are suspected serial rapists. $240,889 The estimated economic harm of one sexual assault source: National Institutes of Health Survivors receiving assistance from Sexual Assault Victim Advocates 254(as of Dec. 2014) “Victims have expressed the anguish of living a life of fear never knowing when the man who raped them may reappear. Nothing has brought me more gratification than to tell a victim that their rapist is dead, in prison, or on his way to prison.” -Investigator Nicole DiSanto, Cuyahoga County Sexual Assault Kit Task Force with the office since February 2008
  • 18. 18 Cuyahoga County Prosecutor’s Office Many of the adults who pass through the adult Criminal Justice System began their criminal habits as juveniles. Prosecutor McGinty recognizes that preventing crime among juveniles is just as important to our office as the prosecution of juvenile crimes. Youth in Cuyahoga County need role models and programs to help them understand personal responsibility, their role in society and how they can avoid both being victimized and committing crimes that will affect them for the rest of their lives. First Assistant Prosecutor Duane Deskins also serves as the Director of Juvenile Crime Prevention. In this role, he spearheads community initiatives and strategies to deter youth crime and to prevent children from turning to violence. In 2014, the Prosecutor’s Office participated in a number of crime prevention efforts. In February, the office partnered with the Juvenile Courts and a nonprofit violence-prevention organization called the Whoaman Movement to empower student leaders to prevent cyberbullying, avoid online crime victimization and protect their privacy. Speakers also discussed dating violence and sexual abuse, as many victims of intimate partner violence are teens. On August 23, high school athletes from across the region gathered to take a stand against sexual assault and violence against women. The Prosecutor’s Office helped organize this event to stop high school sexual violence before it spreads to college. Prosecutor McGinty and First Assistant Deskins were among the speakers. Athletes made the following pledge: “I promise to never commit or condone acts of physical or sexual violence toward women or girls.” Juvenile Justice Juvenile Justice: Prevention First time, nonviolent juvenile offenders entered into diversion 185 Assistant Prosecuting Attorneys assigned to the Juvenile Justice Division 28 Approx. number of high school athletes who signed a pledge to combat sexual and dating violence 50 Student athletes pledging to take a stand against sexual assault and violence against women
  • 19. 192015 Report to the Public Juvenile Justice: Prosecution While crime prevention efforts are critical to ensuring that Cuyahoga County’s youth have the best possible opportunity to grow up to be contributing members of society, juveniles who break the law and cause harm to others must be held accountable for their actions and be given a chance for rehabilitation. The mission of the Juvenile Division of the Cuyahoga County Court of Common Pleas is, “To administer justice, rehabilitate juveniles, support and strengthen families, and promote public safety.” The Juvenile Justice Unit of the Prosecutor’s Office works to support this mission while seeking justice on behalf of victims of juvenile crime. In 2014, there were 5,576 defendant cases completed within the juvenile court system, 75 percent of whom either pled guilty or were found to be delinquent. Another 82 defendants’ cases were bound over to the Cuyahoga County Court of Common Pleas to be tried as adults. The Juvenile Justice Division of the Prosecutor’s Office comprises the Juvenile Justice Unit and the Juvenile Gang Intake Unit, which was established in 2014 to assist with the investigation and prosecution of gang cases in which many of the gang members are juveniles. The Juvenile Gang Intake Unit was critical to the June 2014 charging of 43 juvenile members of the Heartless Felons who caused significant harm to fellow detainees and employees at the Cuyahoga County Juvenile Detention Center. This case led to major reforms within the detention center to improve security. The Juvenile Gang Unit also worked with Cleveland police and other law enforcement to build a case against the BBE 900 gang, which committed a number of armed robberies and felonious assaults. Cleveland’s Cudell neighborhood serves as the epicenter of the gang’s territory. While juveniles offenders often go on to commit crimes as adults, we believe that many have the potential to avoid this fate with the right support and rehabilitation. That is why our office works with defendants and with the courts to recommend rehabilitative sentences, such as community service, mental health services and drug treatment, whenever it is appropriate to do so. Yet it is also true that crimes committed by juveniles can have a serious impact on victims and the community, and thus our Juvenile Division works hard to advocate on their behalf. “Crime committed by juveniles is still crime. Its impact on victims and the community is no less because it was committed by a minor. Our work holds juveniles accountable for their conduct and helps them access the services and support they need to have a more positive future.” -APA Joanna Lopez, Juvenile Justice Unit with the office since October 2013 A social media photo of members of the BBE 900 gang, some of whom (with faces blurred) are juveniles. First Assistant Duane Deskins announces charges against juvenile members of the Heartless Felons gang.
  • 20. 20 Cuyahoga County Prosecutor’s Office The vast majority of Cuyahoga County’s citizens will never encounter the Criminal Justice System. While the Prosecutor’s Office is best known for prosecuting criminal cases, the work it does to protect and serve the county’s children touches far more families. The family is one of the most important institutions in society. Research shows that children exposed to domestic violence, drug abuse and poverty are at higher risk for negative outcomes such as dropping out of school, juvenile delinquency, homelessness, unplanned pregnancy and mental illness. These issues directly and negatively impact our community. The success of a community depends on the success of its families. To better serve Cuyahoga County’s families, the Prosecutor’s Office united the various units that address matters of family law into one cohesive division. Within the Family Law Division, the Child Support Unit represents the Ohio Department of Job & Family Services’ Child Support Enforcement Agency. The 25 assistant prosecuting attorneys and three support staff of the Child Support Unit assist in establishing paternity and enforcing child support orders. In 2014, the Child Support Unit assisted more than 7,000 children and their custodial parents. Child Support Unit activities make up nearly 40 percent of all legal matters handled by the Prosecutor’s Office. The second unit within the Family Law Division is the Children and Family Services Unit. As its name implies, this unit represents the Cuyahoga County Division of Children & Family Services in protecting children who are at risk of abuse and neglect. The 19 prosecuting attorneys and 10 support staff of the Children & Family Services Unit closed nearly 5,500 cases in 2014. Strengthening Families In October of 2014, Prosecutor McGinty announced the formation of the Family Law Division, led by Assistant Prosecuting Attorney Yvonne Billingsley. APA Billingsley is a seasoned advocate for families, having served more than two decades representing the Department of Job & Family Services. The new Family Law Division aims to provide holistic legal support to vulnerable children and families in Cuyahoga County through the enforcement of child support and the prevention of child abuse and neglect. Children assisted by the Child Support Unit7,249 “Helping children and creating brighter futures are the most rewarding parts of my job. If I can put a meal on a table or shoes on a child’s feet by helping to get support to that child’s family, all my efforts are worth it.” -APA Daniel Starett, Child Support Unit with the office since November 2010
  • 21. 212015 Report to the Public The Civil Unit The Civil Division represents the County in legal matters and litigation where the County is a party. The General Civil Division is the County’s in-house law firm, providing legal services to County officials, the Courts, and to some of the County’s many departments, agencies, boards, and commissions. One way Civil Division prosecutors impact citizens is by representing Adult Protective Services in cases of suspected elder abuse, seeking guardianship and other legal remedies for elderly and vulnerable adults who are suspected victims of abuse, neglect or financial exploitation. The Tax Foreclosure Unit represents the Cuyahoga County Treasurer by filing foreclosure actions on tax delinquent properties. This process assists communities by fighting blight and abandonment and providing a tax-producing revenue stream through reutilization of land. Prosecuting “Dead Beat Parents” When a parent’s failure to meet child support obligations rises to the felony level, the Criminal Non-Support Unit at the Prosecutor’s Office steps in to prosecute the case. Many of these cases are referred to this unit when civil enforcement efforts have been exhausted. Three Assistant Prosecuting Attorneys make up this unit, which falls within the Criminal Division of the Prosecutor’s Office. In 2014, the Criminal Non-Support Unit maintained a 100 percent conviction rate on the cases it handled. Since 2007, the unit has collected nearly $18 million in child support for families. The Appeals Unit The Appeals Unit falls within the Criminal Division of the Prosecutor’s Office and has a vital function across the office in ensuring that criminal convictions are proper and withstand legal scrutiny. Twelve assistant prosecuting attorneys work within the unit. The Unit litigates criminal cases upon appeal and in post-conviction proceedings in state and federal courts, to include conducting Capital litigation. It also supports the trial units by providing information to trial prosecutors regarding issues of law that arise during the trial process and supervises the dozens of law clerks that intern or extern at the Prosecutor’s Office each year, providing legal research, organization of evidence exhibits, and transcription and the drafting of briefs. The Unit also obtains material witness warrants, assists law enforcement agencies in obtaining search warrants in Cuyahoga County on a 24/7 basis, represents the State of Ohio and victims of crime before the Parole Board, and provides legal representation to the Prosecutor, Judges of the courts, and to the Sheriff of Cuyahoga County in writ actions. In 2014, the Cuyahoga County Prosecutor’s Office was successful in the Ohio Supreme Court in State v. McGlothan, aligning the evidence necessary to prove cohabitation in domestic violence cases with the reality of changing social norms. It was also successful in State v. Amos, mandating that trial courts obtain all relevant information before imposing felony sentences; and State v. Tate, holding that courts should not decide cases based on issues that the parties have not raised or yet briefed. The high court also affirmed the death sentences imposed in two Cuyahoga County cases, State v. Maxwell and State v. Jackson. Collected on behalf of families by the Criminal Non-Support Unit. $3.09 million Legal matters within the Cuyahoga County Prosecutor’s Office include civil matters handled by the Family Law Division and the Civil Division, as well as litigation matters handled by the Appeals Unit within the Criminal Division. Legal Matters Guardianship motions filed to protect elderly and vulnerable adults154 Matters litigated in the Court of Common Pleas by the Appeals Unit 2,028
  • 22. 22 Cuyahoga County Prosecutor’s Office Public Corruption When a government employee or public official breaks the law in the commission of his or her duties, it compromises the integrity of the institution, damages public trust and often comes at a great cost to taxpayers and the community. It is for these reasons that the Prosecutor’s Office is committed to rooting out public corruption in Cuyahoga County and bringing to justice those who put greed ahead of duty. The Public Corruption Unit investigates and prosecutes cases of government corruption. Common charges brought through these efforts include bribery, theft in office and receiving improper compensation. In 2014, the Public Corruption Unit continued in its mission to vigorously prosecute public corruption and official misconduct. Twenty-four public officials or employees in Cuyahoga County were indicted on charges involving corruption or misconduct relating to their official positions. This included a public schools superintendent, a public school employee, a municipal judge, a city law director and prosecutor, three police officers, a corrections officer, and 14 firefighters. Additionally, the Public Corruption Unit pursued charges against two attorneys who abused their positions as court-appointed guardians to steal from their disabled wards. Included in this list are Bedford Municipal Court Judge Harry Jacob and Bedford Prosecutor and Law Director Kenneth Schuman. Schuman pled guilty to Unlawful Interest in a Public Contract, a felony of the fourth and was sentenced to serve six months in jail as part of a two-year term of community control. Jacob was found guilty following a bench trial of Falsification and Soliciting and was sentenced to serve a 60 day jail sentence. Jacob was charged after an investigation revealed that he had used his judicial office to resolve a case with one of his prostitutes, and that he created a false journal entry to allow a Bedford man who was charged with Domestic Violence to be able to own firearms. By vigorously prosecuting public officials and employees at all levels of municipal and county government, the Public Corruption Unit has aimed to send a message that there will be zero tolerance for corruption in Cuyahoga County. Former Director of Buildings and Grounds for the Richmond Heights School District Richard R. Muse and former superintendent Dr. Robert J. Moore stand with attorneys at their sentencing on May 22, 2014. Moore and Muse were indicted on corruption charges after the operator of a child care center that rented space in a Richmond Heights school reported to police that Moore and Muse threatened to terminate her lease unless she paid them in cash. Cuyahoga County Common Pleas Judge Shirley Strickland Saffold sentenced Muse to 10 months in prison and Moore to 12 months after the two pled guilty to bribery and theft in office. Special Initiatives Cuyahoga County public officials and employees indicted for corruption 24 Organized Crime The Cuyahoga County Organized Crime Task Force, which receives funding through the Ohio Organized Crime Investigations Commission at the Ohio Attorney General’s Office, allows the prosecutor’s office to work in close coordination with other agencies to investigate and prosecute criminal enterprises. In December 2014, the office announced a racketeering indictment against seven men who operated a burglary ring spanning nine counties. Charges targeted 39 burglaries between November 2012 and May 2014, but investigators and law enforcement partners continue to evaluate dozens of other burglaries that may be linked to this enterprise. Burglars took jewelry other small items that were easy to carry and could be sold at a flea market.
  • 23. 232015 Report to the Public Human Trafficking Human trafficking is a pervasive and often invisible form of modern slavery in our society. It feeds forced labor and sexual exploitation, often of people who are vulnerable because of their age, immigration status, drug dependency or other factors. This office is committed to prosecuting those who traffic in persons and to protecting the victims of human trafficking. In 2014, the Prosecutor’s Office indicted a total of 13 defendants on human trafficking charges. This year also marked the first human trafficking plea and the first human trafficking conviction by jury in Cuyahoga County. Gregory Krajnyk pled guilty to 13 felonies and was sentenced to 13 years in prison. A jury found Desmond Warren guilty of human trafficking, and he was sentenced to 14 years in prison. Fighting the Heroin Epidemic The Internet Crimes Against Children Task Force The Cuyahoga County Prosecutor’s Office serves as the lead agency for the Ohio Internet Crimes Against Children Task Force, conducting investigations and prosecutions in Cuyahoga County and providing training and technical assistance to other law enforcement agencies across the state. The Task Force is funded by the Office of Juvenile Justice and Delinquency Prevention under the U.S. Department of Justice. Across the state, 342 law enforcement agencies serve as affiliates of the Task Force. Affiliates work with our Task Force to conduct investigations, going undercover on social media, tracking down people who produce or trade child pornography, setting up sting operations to catch would-be predators and following up on CyberTips submitted to the National Center for Missing and Exploited Children. Affiliates also participate in trainings and can access a mobile forensic investigations unit. The Task Force also provides presentations and community outreach to children and parents on Internet safety topics. Deaths caused by heroin rose nearly 400 percent between 2007 and 2013. This epidemic has spread to reach men and women, rich and poor, old and young, black and white. While the Prosecutor’s Office aggressively prosecutes dealers whose sales contribute to this staggering death rate, Prosecutor McGinty acknowledges that we as a community cannot arrest our way out of this issue. In 2014, Prosecutor McGinty invested $100,000 of forfeiture funds to launch an awareness campaign on the dangers of heroin abuse. This campaign, which is housed at www.LetsFaceHeroin.com, offers statistics on heroin deaths in Cuyahoga County as well as resources, information and videos for teens, parents, users and community leaders. The campaign was launched in early 2014 with public service announcements broadcasting on local television stations, and continues to serve as an important resource. Internet safety presentations provided to local schools and community centers 104presentations to 8,115people APA Holly Welsh speaks at a human trafficking awareness event at Tower City in downtown Cleveland.
  • 24. 24 Cuyahoga County Prosecutor’s Office As a recipient of taxpayer dollars, the Cuyahoga County Prosecutor’s Office has a responsibility to be transparent, ethical, accountable and efficient. So does the entire Criminal Justice System. Citizens deserve justice that is delivered without waste, delay or bias. That’s why Prosecutor McGinty has pushed both the Prosecutor’s Office and others in the Criminal Justice System to rethink how they operate and to share more information with the public. He believes that government, like a successful business, can benefit from meaningful metrics, proven best practices and a commitment to continuous improvement. Because so many decision-makers impact the delivery of justice in Cuyahoga County, it is critical that this office, the courts, law enforcement agencies and other stakeholders collaborate effectively to make real and lasting reforms. One avenue for collaboration is the Cuyahoga County Criminal Justice Services Governing Board, a forum where leaders from throughout the system can come together to address problems or challenges. Prosecutor McGinty chairs the board’s Agency Council, which is charged with executing and monitoring the board’s plans as well as developing information sharing. Prosecutor McGinty’s priorities for his office and the justice system include: Measuring Performance The Criminal Justice System generates enormous amounts of data that can aid in predicting, solving and reducing crimes. It can also provide a roadmap to improve justice system performance and a window for the public to evaluate the system. The Prosecutor’s Office has created a robust case management system to help assistant prosecutors and support staff track cases and other legal matters. It also allows the office to monitor demographic trends, average length of cases, individual and group performance metrics and the financial impact of various justice system actions (or inaction). This information has identified potential areas for improvement within the office and across the Criminal Justice System, seeding needed discussions and suggesting performance goals. We pledge to push more data into public view and hope to collaborate with other Doing Justice Right The Cuyahoga County Prosecutor’s Office is committed to transparency, accountability and integrity in the performance of its duties. Just as private companies are accountable to their stakeholders, a public office must report to the citizens it exists to serve. To fulfill this responsibility and to foster important discourse, the Prosecutor’s Office has built a broad range of interactive tools and reports that are regularly updated and published online at www.prosecutor.cuyahogacounty.us. “Prosecutors are responsible for seeking justice for victims, defendants and society. To truly achieve justice, we must discharge these duties as effectively and skillfully as possible.” -APA John Kosko, Supervisor, General Felony Unit Regions 5 and 6 with the office since 1982
  • 25. 252015 Report to the Public $2,619,089 Restitution collected for victims of economic crimes Conviction Integrity Unit All prosecutors want to convict the guilty, not the innocent. But while the trial and appellate processes contain important safeguards for those accused of crime, we recognize that the Criminal Justice System is a human institution and therefore cannot be perfect. That is why Prosecutor McGinty in April 2014 established a unit to investigate wrongful conviction claims. This Conviction Integrity Unit serves to safeguard the public and to fulfill our office’s ethical duty to seek justice in every case. The mission of the Conviction Integrity Unit is to review convicted offenders’ legitimate claims of innocence. The Conviction Integrity Unit is led by Assistant Prosecuting Attorney Jose Torres, who serves as Conviction Integrity Coordinator. In this role, he organizes the work of the Conviction Integrity Committee and leads all re-investigations of cases that present a credible claim of actual innocence. Eight senior members of the Cuyahoga County Prosecutor’s Office serve on the Conviction Integrity Committee. For more information, visit our website. Average days from the time a felony case is received until a plea agreement or trial 125 partners to make it as comprehensive as possible. Indigent Representation Those accused of a crime need a lawyer as soon as possible after arrest, regardless of their ability to pay. That might seem like an odd cause for the Prosecutor’s Office to champion, but justice demands nothing less. Engaged, quality defense counsel can help prosecutors determine what, if any, charges are appropriate and if diversion is warranted. Non-dangerous defendants should not languish in jail, and the early involvement of defense counsel can minimize pretrial delays and cut costs for everyone. Unfortunately, Cuyahoga County’s system of providing indigent defense­—which relies more heavily on assigned counselthanthePublicDefender’sOffice—doesnotfoster prompt appointment or put the interests of defendants first. Prosecutor McGinty has brought this issue to the attention of the public and the Ohio Supreme Court and hopes to achieve reforms that improve the assignment process and minimize the potential for corruption. Central Booking Prosecutor McGinty and other justice system partners are working to establish a central booking process at the Cuyahoga County Justice Center where police, municipal prosecutors, and county prosecutors will work side by side­—and ideally, with defense attorneys­—to make charging decisions, and then to hold bond/bail hearings within 48 hours for a warrantless arrest. Central booking will work hand-in-hand with an Early Disposition Court to achieve a more streamlined and fair charging process. Early Disposition Court Early Disposition Court would allow prosecutors and defense attorneys to conduct early plea negotiations and/ or agree on charges in a criminal case, thereby bypassing the Grand Jury. This will save Grand Jury costs and speed low-level cases toward resolution. Early referral to diversion and drug treatment programs will reduce recidivism among first-time offenders. Disposing of low-level cases more expeditiously will free resources for more serious offenses. 67 Applications to the Conviction Integrity Unit for consideration
  • 26. 26 Cuyahoga County Prosecutor’s Office Community Outreach Throughout the summer months, the Cuyahoga County Prosecutor’s Office brings Operation Child Protect to festivals and other public events. Operation Child Protect is a grant-funded program that provides identification kits for children ages 5 to 17 that include fingerprints, a DNA swab and photo identification. Parents can keep these kits on-hand and provide them to law enforcement in the unfortunate event their child goes missing. This program is popular with children and their parents alike, and provides employees a great opportunity to get out in the community and meet the citizens we serve. Operation Child Protect is just one of many efforts the office participates in to provide outreach to the community. Employees also regularly participate in community safety meetings, provide presentation to schools and volunteer with other agencies in the county. Be sure to follow the Cuyahoga County Prosecutor’s Office on Facebook (search “Cuyahoga County Prosecutor’s Office”) and Twitter (@Pros_TimMcGinty) to get alerts about upcoming events and other opportunities to engage with the office. “We are a team. We are dedicated to improving the lives of the children and families of Cuyahoga County, and together, we work to protect children from harm and to keep them safe.” -Hayam Ayyad, Paralegal Children & Family Services Unit with the office since November 2013
  • 27. 272015 Report to the Public Community Resources Resources for Victims The Victim-Witness Unit provides intensive services to victims of crime whose cases are being prosecuted through the office, with a special focus on violent crime, sexual assault cases and cases in which children are among the victims. The office also provides victim notifications to keep victims informed throughout a case’s progression. Requesting Public Records Government records are the people’s records; thus the office serves merely as a trustee. The office seeks to fulfill public records requests in a timely, thorough and courteous manner. Requests can be submitted online, via email, letter, fax, phone or by in-person request to the office during business hours. Records requests for criminal cases cannot be honored or completed until after the file is closed. Conviction Integrity Unit Information for submitting a case for review to the Conviction Integrity Unit, along with relevant forms,isavailableonline.Iftheconvictedoffender is represented by counsel, all communication with the office must be through the attorney. Request a Speaker Schools, clubs and other organizations can request a speaker from the office by visiting the office’s website or by submitting an email to info@prosecutor.cuyahogacounty.us. Sealing a Public Record A criminal record can make it difficult to find a job or housing. Part of our office’s efforts to promote safer communities is allowing low-level and first-time offenders opportunities to better their lives and find alternatives to crime. To this end, Prosecutor McGinty has a team of assistant prosecuting attorneys who review applications for sealing (often called “expungement”) of records of eligible offenders. More information about eligibility and the request process is available online. Learn more about each of these resources. Visit www.prosecutor.cuyahogacounty.us and click on “Community Resources.” Many Assistant Prosecuting Attorneys from the office regularly volunteer to lend their expertise at free events for the public. This includes Brief Advice Clinics through the Legal Aid Society of Cleveland as well as Kinship Caregiver Workshops hosted in partnership with a number of local agencies designed to help grandparent-caregivers and other family members understand legal options in caring for minor relatives. Pictured above: APA Janice Walker volunteering with the Legal Aid Society of Cleveland. Cuyahoga County Prosecutor’s Office staff participated in the Operation Safe Halloween, hosted by the Cuyahoga County Sheriff’s Department. This kid-friendly event allowed families to collect Halloween candy while getting to know law enforcement and safety forces.
  • 28. The Cuyahoga County Office of the Prosecutor 1200 Ontario Street Courts Tower, Ninth Floor Cleveland, Ohio 44113 (216) 443-7800 www.prosecutor.cuyahogacounty.us