Ohio ACLU Says State's Attorney General Should Remove County
Sheriff and East Cleveland Police from Investigating Nov. 29 chase that
ended in 137 Bullet Fusillade
The
American Civil Liberties Union of Ohio called yesterday called upon Ohio
Attorney General Mike DeWine to appoint a special prosecutor to lead the
investigation into the 25 minute police chase involving 30 police vehicles that
ended with 13 police officers firing 137 rounds and killing two unarmed people.
The
ACLU’s letter also asked DeWine to remove the Cuyahoga County Sheriff’s Office
and the East Cleveland Police Department from the investigation because their
personnel were involved in the pursuit. Currently the Ohio Bureau of Criminal Investigation [BCI] is conducting a joint investigation with the county sheriff and the East Cleveland police. The results are slated to be turned over to Timothy McGinty, the county's newly elected county prosecutor.
While
not criticizing the agencies already involved in the investigation, the letter
from ACLU Ohio Legal Director James Hardiman said, “putting local law
enforcement in charge of investigating themselves is clearly not the best way
to conduct an independent, impartial inquiry.”
This
would undoubtedly be a case that could in large measure define McGinty’s tenure
almost from its inception. The ACLU thinks that is too large a burden to place
upon an office — McGinty’s — that works with local law enforcement everyday.
Citing
as precedent Cleveland mayor Frank Jackson’s appointment of retired judge [now
County Council president] C. Ellen Connally as special prosecutor to
investigate five cases that resulted in fatalities, including the shooting of
15-year old Brandon McCloud, Hardiman said the appointment of a special
prosecutor would give “this investigation the weight it deserves.”
The
ACLU of Ohio has weighed in on the side of several local officials and
organizations that have called for special scrutiny in this investigation. Congresswoman
Marcia L. Fudge, within whose district the chase occurred, has sent a letter to
the U.S. Department of Justice’s Office of Civil Rights, asking for an
independent investigation by the FBI. The mayors of Cleveland and East
Cleveland, in whose respective cities the chase began and ended, have urged
similar action, as have local civil rights organizations.
*A
spokesman for Attorney General is expected to get back to us this afternoon
with a response to our query as to when the A.G. might respond to the ACLU’s
call for the appointment of a special prosecutor and the removal of the
Cuyahoga County Sheriff and East Cleveland police from the investigation. We
will update this post at that time.