Community leaders, activists, organizing to oppose judge who acquitted Brelo in '137 bullets' case

Councilman Conwell, community activists say ‘no’ to Judge O’Donnell candidacy

By Rhonda Crowder

SPECIAL TO THE REAL DEAL PRESS

Councilman Kevin Conwell, Bishop Eugene Ward and others gather to announce the campaign to defeat Judge John P. O’Donnell in his bid to win a seat on Ohio Supreme Court this fall.

Cleveland Ward 9 Councilman Kevin Conwell, Bishop Eugene Ward and a cadre of activists gathered yesterday at the GlenVillage amphitheater on East 105^th St.  and Ashbury Ave. in Cleveland’s Glenville neighborhood to denounce the endorsement by the state and county Democratic parties of Judge John P. O’Donnell for the Ohio Supreme Court in this year’s race.

“With Judge O’Donnell, the Democrats are taking us for granted,” said Conwell. “We’re telling our people to march to the polls. We cannot put Judge O’Donnell on the court after he allowed Brelo to go free.”

O’Donnell was the judge in the trial of Michael Brelo, the Cleveland police officer charged in the “137 shots” case for shooting Timothy Russell and Malissa Williams on November 29, 2012, at the conclusion of a 22-minute police chase which started in downtown Cleveland and ended in the parking lot of Heritage Middle School in East Cleveland.

Thirteen police officers fired 137 shots into the automobile, killing Russell and Williams, but only Brelo, who stood on the hood of the car and fired down into the windshield, was charged.

Brelo waived a jury trial in the case, putting his fate in the hands of the judge. O’Donnell found Brelo not guilty, reading a 34-page opinion from the bench that the community has hotly contested ever since.

“Do not vote for Judge O’Donnell. They’re going to be mad at me for going against the ticket but...”, Conwell continued, “we’re putting together a committee to make sure our community knows. We cannot accept this.”

Fred Ward, president of FIINPAC (Formerly Incarcerated Individuals Necessary PAC), said, “I was in the courtroom during the ‘137 shots’ trial. I saw the condescending attitudes. I’m asking all who care about justice to not support Judge O’Donnell. He shouldn’t be on the bench at all. That’s my official word.”

Mariah Crenshaw, lead researcher at Chasing Justice, LLC, agreed. “We not only need to not vote for him, he needs to withdraw for the race. We don’t reward bad behavior,” she said, arguing that O’Donnell exhibited unethical behavior during the trial.

Bishop Ward said, “We continue to be exploited as a people. We’re not concerned about Democrat or Republican. We’re concerned about justice. [Brelo] fired 49 bullets out of one gun. You cannot continue to ask for elevation and don’t know how to treat people.”

Crenshaw also talked about “prosecutorial accountability,” saying all the officers should have been charged. “Let’s be real about what happened in that case.”  

Activist Richard Jones echoed Crenshaw on “prosecutorial accountability.” He said the prosecutor set the case up for Judge O’Donnell to rule the way he did.  

Activist Al Porter said the Democratic leaders who are upholding O’Donnell don’t deserve to hold onto their seats either.

A spokesman for the committee said they will be meeting with groups from Akron, Youngstown, Cincinnati, Columbus and Toledo. He urged everyone to, “Call five people you know and tell them to not vote for Judge O’Donnell. Call them every week.”

Conwell led a similar effort against O'Donnell in 2016 that had measurable success.

“I feel insulted that the Democratic Party didn’t give us anybody else,” said Conwell. “You can’t let somebody go for killing black folk and expect us to vote for you.”

• • •• • • 

Settlement between City of Cleveland and U.S. Justice Dept. over police misconduct reported imminent

The New York Times is reporting that the City of Cleveland has reached a settlement with the U.S. Justice Department of Justice over what federal authorities have found to be a pattern of unconstitutional policing and excessive use of force.

The report comes two days after a local Cleveland judge found Cleveland Patrolman Michael Brelo innocent of all charges, including voluntary manslaughter and felonious assault, for his role in firing 45 bullets at Timothy Russell and Malissa Williams following a high speed chase by more than 10 police officers in November 2012 that resulted in the pair's death after their vehicle was cornered in a middle school parking lot.

Hallelujah for Baltimore State's Attorney!

I salute the beautiful professional work and presentation done by State's Attorney for Baltimore City Marilyn J. Mosby.

View the video of her press conference this morning here.

Ms Mosby did not use the cover of presenting this case to a Grand Jury but acted with the commendable decisiveness justified by her independent investigation into the facts of this case.

We acknowledge of course, that the charges are as yet unproven and that all six police officer defendants are innocent until proven guilty. But the details of the investigation shared by Ms Mosby suggest that at least one of the officers cooperated with the prosecutor's office.

Ms Mosby's thoroughgoing diligence and the transparency of her office stand in stark contrast to her Cuyahoga County counterpart with reference to the current trial in the deaths of Timothy Russell and Malissa Williams, the unarmed duo who died Nov. 29, 2012 after being shot at 137 times by Cleveland police, more than 100 of whom chased the fleeing couple into the neighboring city of East Cleveland. Only one officer, Michael Brelo, has been charged in that case, now on trial before a judge [no jury] with a verdict likely to be handed down in the next week or so. Consider also the slow process of decision-making relative to the death of Tamir Rice, the 12-year old Cleveland boy killed by police last fall.

Of course, there is one consistent thread: the Baltimore Police union has issued a statement saying the police officers were not responsible for Freddy Gray's death but were "diligent" in discharging their duty [to serve and protect?].

It wouldn't surprise me if the Baltimore police union sought to disqualify Mosby from prosecuting this case on the grounds that she is a Tuskegee graduate, an HBCU. One of the best aspects of this situation is that Ms. Mosby comes from five generations of law enforcement that include both of her parents as well as a grandfather!

Tanisha Anderson death ruled homicide; black bar association calls special meeting

Tanisha Anderson death ruled homicide

Tanisha Anderson’s death on Nov. 13 has been ruled a homicide, in an announcement released this morning by the Cuyahoga County Medical Examiner’s office.

Specifically, she died as a result of being physically restrained by Cleveland Police officers while she was in a prone position. The coroner ruled that associated factors were Anderson’s heart condition and “Bipolar disorder with agitation.”

Family members had called authorities seeking assistance as Anderson was reportedly “disturbing the peace” on the day she died. The family apparently consented for police to take her to St. Vincent Charity Medical Center for a mental health evaluation.

Family members and police tell conflicting versions about what happened next, but Anderson got out of the police cruiser she was held face-down on the pavement, handcuffed, and further restrained by police until she stopped moving.

Anderson’s death has been a focal point of community agitation in the wake of a 58-page US Justice Department report that found many problems with the Cleveland Police Department, including the fact that many officers are ill-prepared to deal with city residents with mental illnesses, often resulting in the use of cruel and excessive force against the mentally and medically ill.

No ruling has been made by prosecutors in this matter, and the involved officers are on restricted duty.

Black bar association calls special meeting on DOJ report

Earlier this week, the Norman S. Minor Bar Association announced a special meeting to address community concerns over police misconduct, as detailed in the Department of Justice report, and punctuated most vividly by the deaths of Anderson, twelve year old Tamir Rice ten days later, and Timothy Russell and Malissa Williams in November 2012.

The meeting is an open forum to address the DOJ’s conclusion that “there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution.”

The Justice Department has asked for community input before it begins negotiations with the City of Cleveland to enter an enforceable court decree.

NSMBA is the local professional association of black lawyers. The meeting is scheduled for Tuesday, January 6 at 5:30 PM in Courtoom 15-A of the Justice Center.

Cleveland chase cops case churning slowly but surely toward uncertain end

Jackson administration announces discipline for 63 officers who were “outside the box”

"Though the mills of God grind slowly, yet they grind exceeding small;

Though with patience stands He waiting, with exactness grinds He all." 

            — Traditional proverb

It ain’t over til it’s over.

            — Yogi Berra

Cleveland Police Chief Michael McGrath announced today that 63 police officers would be disciplined for their roles in the high-speed chase that resulted in the deaths of two unarmed citizens.

The officers will collectively receive a total of 178 days of suspension, with the maximum suspension being ten days. Two other officers will receive disciplinary letters.

The suspensions mark the second round of the city’s action against the more than 100 officers who participated in the chase.

The first phase ended in June when the city fired one police supervisor, demoted two others, and disciplined nine other supervisors.

The third phase will deal with the 13 officers who collectively fired the 137 shots that resulted in the deaths of Timothy Russell and Malissa Williams.
 

The highly controversial chase, which began in downtown Cleveland and ended at an East Cleveland school last November, still awaits final resolution.

Most if not all of the officers who were disciplined today are expected to appeal.

East Cleveland mayoral debate tomorrow; 75 more police face suspension for chase roles

East Cleveland mayoral debate set for tomorrow at city library

Most of the news coming out of East Cleveland over the past year has been the stuff of misfortune and tragedy. To cite only a few of the lowlights: the city descended once again into fiscal emergency, the mayor called the police to escort the council president from his office, the school board rejected the favorable terms of offer to merge its shrunken and overburdened library system with the county’s acclaimed library system, more than 100 police officers from Cleveland gave chase to an unarmed pair of suspects, first cornering them in a school parking lot and then executing them on the spot, and finally, just last month, the decomposing bodies of three women were found in one of the city’s more desolate areas, victims of an apparent psychopath.

These and other issues are likely to be part of what should be a lively debate when the three Democratic Party candidates for mayor meet on stage at 1 PM tomorrow at the East Cleveland Public Library.

Residents will get to hear Mayor Gary Norton, City Council president Joy A. Jordan, and Vernon Robinson share their visions of better days ahead for their city, along with perhaps their plans for achieving their vision. Each candidate will have fifteen minutes to address the audience. A question and answer session will follow, moderated by Charles E. Bibb, Sr., president of the Ohio Eighth House District Black Caucus, the debate’s sponsor.

Bibb told the Real Deal yesterday that all three of the candidates have confirmed their plans to attend and participate.

The three candidates will square off in the Democratic primary to be held October 1. The winner will be the city’s next mayor as no Republican filed for the office and the city’s charter does not permit write-in mayoral candidates.

A suspect was indicted and arraigned this week in the suspected serial murders. He is being held in county jail in lieu of bail. No criminal charges have been filed as yet in the deadly 100 mph chase by dozens of police cars that led to the 137-bullet volley that killed Timothy Russell and Malissa Williams. That case, like the serial murders, is in the hands of County Prosecutor Tim McGinty.

Cleveland police to discipline 75 officers for role in deadly chase

Cleveland Police Chief Michael McGrath said today that 75 policemen would be disciplined for their involvement in the police chase last November that ended in the neighboring city of East Cleveland with the deaths of Timothy Russell and Malissa Williams.

None of the officers facing discipline is among the 13 who shot at the victims. Eleven supervisors have already been disciplined, including one who was fired.

Nineteen of the 75 officers will be referred to Cleveland’s Department of Public Safety and face temporary suspension.

Of the 75 officers facing discipline for violating police protocol, 19 will be referred to the Department of Public Safety for disciplinary hearings and could face temporary suspension, McGrath said.

Serendipity: Guns, Culture and Race

I chanced upon two unexpected places in the last 24 hours: one in the flesh and the other virtual. Together they offer a glimpse into America in the Age of Obama.

Just a Hobby, or Preparing for the Unthinkable?

I returned last night from a business trip to southwest Ohio. It was the first time I had been in that part of the state for a while and it left me with some fresh impressions. One was how metropolitan Columbus has expanded. It’s one thing to read about population growth in central Ohio. It’s quite another thing to see the evidence of it.

A deeper impression was made by a stop at Cabela’s, the large outdoor retailer that has just opened a shop in Delaware County’s Polaris Center, just north of Columbus. We had been surprised to notice the store as we stopped for gas on our way downstate. Turns out the Michigan retailer had just opened its first store within the week.

Hunting, fishing, and camping aficionados are Cabela’s prime market. To these eyes camouflage attire was more prevalent among Cabela patrons than Ohio State insignia.

It was sobering to see the steady stream of customers heading towards the weapons area. As I waited while my law enforcement friend shopped, my eyes wandered over some of the merchandise displays. Especially fascinating was the looping video that showed a wounded fowl decoy luring affiliated prey into easy range.

I felt to some degree as if I had slipped into an alien world. I left with an overwhelming sense of how difficult it will be to enact substantial gun reform in this country any time soon.

I happen to agree with gun rights advocates who argue that creating a safer America depends on changing the culture.

I believe that the Second Amendment reference to the right of the people to bear arms has been hijacked by conservatives and the Supreme Court in just the same way the Fourteenth Amendment was once undermined to justify segregation and Jim Crow laws. Despite the unmistakable correlation between high fire-death rates and high levels of gun ownership, “…income, development, and culture appear to drive gun-crime rates more than simple gun availability.”

The Second Amendment reads, from beginning to end: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Strict constructionists have a duty to ask themselves why — if the right to bear arms is absolute — the first part of the Amendment is even there.

The violent strains of American society may run even deeper than its racist ones, and we know how tenacious the latter are. [See the next post.] Since these strains go hand in hand even now, securing a fuller understanding the Second Amendment may be even more of a long-term battle than the painful and still ongoing struggle to create a more equitable society.

Many of my learned black friends see this arming of America as an inchoate step in the formation of a rogue Militia that will emerge as a last line of defense against the browning of America.

• • •

In the meantime, in checking my online New York Times account, I happened across a letter to the editor from a Cleveland State law professor, Lolita Buckner Inniss[1]. She was commenting on a guest op-ed column by Ta-Nehisi Coates, “Shopping While Black: Racism in Everyday Life”. 

Forest Whitaker

Coates’ column was prompted by an event occurring at his Manhattan neighborhood deli, where the Oscar winning actor Forest Whitaker was stopped and frisked last month by an employee on suspicion of shop-lifting. As Coates noted, “Whitaker had stolen nothing. On the contrary, he’d been robbed.”

Ta-Nehesi Coates

Coates himself was recently called “the single best writer on the subject of race in the United States” whose work is defined by a distinct blend of eloquence, authenticity, and nuance.” [See more on Coates here.]

Coates’ column contains this passage, which certainly applies in spades to Cleveland:

“New York is a city, like most in America, that bears the scars of redlining, blockbusting and urban renewal. The ghost of those policies haunts us in a wealth gap between blacks and whites that has actually gotten worse over the past 20 years. …

“But much worse, it haunts black people with a kind of invisible violence that is given tell only when the victim happens to be an Oscar winner. The promise of America is that those who play by the rules, who observe the norms of the “middle class,” will be treated as such. But this injunction is only half-enforced when it comes to black people, in large part because we were never meant to be part of the American story. … It is worth considering the messaging here. It says to black kids: ‘Don’t leave home. They don’t want you around.’ It is messaging propagated by moral people.”

Forty-five years ago, in the midst of great civil unrest, the Kerner Commission[2] found that “[O]ur nation is moving toward two societies, one black, one white--separate and unequal.”

It was just over three months ago that Ohio’s Attorney General, referring to its Wild Westpursuit and killing of Timothy Russell and Malisssa Williams, described the Cleveland Police Department in terms that could be encapsulated by the phrase “unregulated Militia”.

The United States used to be described as a melting pot. In recent years, the prevailing construct has become something more akin to a tossed salad. When we consider the ingredients of our violent culture, our love of guns, and our unsolved racial issues, we may actually be more of a witches’ brew.

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[1] Professor Inniss is currently a visiting professor of women’s studies at Hamilton College in Clinton, NY.

[2] The National Advisory Commission On Civil Disorders. See summary of report here. For a quick overview, go here.