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C U YA 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

2 013 A N N UA L R E P OR T


“The end shall always be justice. We will look to the law for guidance, disregarding the pressure of men.� - John T. Corrigan

Contents A Message from Your County Prosecutor....................................3 Year in Review.................................................................................4 About the Office.............................................................................8 Integrity Restoring Public Confidence.............................................10 Safer Communities Pursuing the Worst Offenders..........................................11 Fighting the Heroin Epidemic............................................11 A Regional Approach.........................................................12 Collaboration Against the Clock: Prosecuting Cold Case Rapes..........18 Hidden in Plain Sight: Bringing Castro to Justice...........19 Prevention & Advocacy Juvenile Justice..................................................................20 Advocating for Victims of Crime.......................................21 Continuous Improvement 2013 Office Snapshot.......................................................22 Creating a Culture of Continuous Improvement.............23 Statue of John T. Corrigan Cuyahoga County Prosecutor 1957-1990 2


YOUR COUNTY PROSECUTOR

Timothy J. McGinty If you live in Cuyahoga County, we are your law firm.

In everything we do, we want to be both tough and smart. We want to focus the limited resources of our office and our law-enforcement allies on the most serious repeat and violent offenders – the criminals who destroy the quality of life and seed fear in neighborhoods. In 2014, we want to prevent more and prosecute less.

We represent and advise public agencies. We speak up for abused and neglected children. We help communities clear Photo courtesy of blighted properties. We The Plain Dealer/ Northeast Ohio Media Group go after child support so families have the resources they need. We teach parents and children about the dangers that lurk on the Internet.

To reach these goals, your law firm employs 210 highly qualified and motivated attorneys. They are assisted by another 120 skilled and dedicated administrative personnel. These men and women of the Cuyahoga County Prosecutor’s Office are a diverse and energetic group with a shared commitment to public service that shows in the work they do every day.

But our biggest task is to prosecute individuals who commit felonies in Cuyahoga County.

This Annual Report will give you a taste of what they do on your behalf. For more information, please visit our website – prosecutor.cuyahogacounty.us – which was redesigned in 2013 and is updated almost daily. We want to establish a culture of continuous improvement and believe that sharing information and inviting public scrutiny will help us achieve it – and help us do a better job for you.

Whether a crime grabbed global attention, like The State of Ohio vs. Ariel Castro, or violated only a single person’s right to live in safety, we take that responsibility very seriously. A crime against one citizen affects the entire community. I ran for Prosecutor to make Cuyahoga County a safer place to live, invest and raise families. We will make our criminal justice system more efficient, effective and fair by measuring performance, setting goals and making ourselves and all agencies accountable.

OFFICE OF THE PROSECUTOR — SENIOR LEADERSHIP Timothy J. McGinty Cuyahoga County Prosecuting Attorney

Charles E. Hannan Litigation Manager, Civil Division

Duane Deskins Chief, Juvenile Division & Director of Juvenile Crime Prevention

Jane Platten Chief of Staff

Andrew J. Nichol Chief, Criminal Division

Richard A. Bell Chief, Special Investigations Division

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The Work of the Office in 2013 PROSECUTOR’S OFFICE TOTAL WORKLOAD LEGAL MATTERS

CRIMINAL MATTERS

38% - *Child Support Enforcement

67% - Adult Prosecutions 33% - Juvenile Prosecutions

*Approximate

23% - Children & Family Services 22% - Appeals 17% - Civil Cases

JUVENILE DEFENDANT DEMOGRAPHICS 5,399

ADULT DEFENDANT DEMOGRAPHICS 10,819

AGE OF DEFENDANTS

defendants in 2013

defendants in 2013

0.31% - Under 10 13.70% - 10-13 85.59% - 14-17 0.39% - 18+

2011 2012 2013

AGE OF DEFENDANTS 0.44% - Under 18 34.63% - 18-25 32.38% - 26-35 23.90% - 36-50 8.23% - 51-65 .42% - Over 65

2011 2012 2013

ETHNICITY OF DEFENDANTS

ETHNICITY OF DEFENDANTS

75.22% - African American 22.50% - Caucasian 1.33% - Hispanic 0.83% - Other .11% - Asian

66.89% - African American 29.72% - Caucasian 1.75% - Hispanic 1.35% - Other .29% - Asian

GENDER OF DEFENDANTS

GENDER OF DEFENDANTS

74% - Boys 26% - Girls

LEARN MORE ABOUT OUR JUVENILE JUSTICE DIVISION... PAGE 20

AGE OF VICTIMS

READ SOME OF THE MOST NOTABLE 2013 CASES...PAGE 6

VICTIM DEMOGRAPHICS

11.27% - Under 18 17.80% - 18-25 17.16% - 26-35 18.19% - 36-50 10.71% - 51-65 5.44% - Over 65

17% - Women 83% - Men

GENDER OF VICTIMS

19.43% - Not Set

ETHNICITY OF VICTIMS 36.09% - African American 30.46% - Caucasian 0.36% - Hispanic 2.03% - Other .56% - Asian .05% - Native American 30.45% - Not Set

45.5% - Female 36.1% - Male 18.3% - Not Set

LEARN HOW WE HELP VICTIMS OF CRIME... PAGE 21

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ACCURATE AS OF 4/2014


ADULT CRIMINAL PROSECUTIONS

9,527

cases charged in 2013 in Cuyahoga County

WHEN CASES GET RESOLVED

TOP FIVE CATEGORIES CHARGED

96.7% - *Pre-trial

47.9% - Drug Violations

3.3% - Trial *Includes plea agreements, diversion programs and drug court.

19.2% - Larceny/Theft

2010 2011 2012 2013

12.1% - Sex Offenses*

Excluding rape, prostitution and vice

LEARN HOW WE’RE USING DATA TO BETTER SERVE THE PEOPLE OF CUYAHOGA COUNTY...PAGE 23

RESULTS OF CASES THAT WENT TO TRIAL 69.9% - Guilty

10.8% - Aggravated Assault

30.1% - Not Guilty

10.0% - Weapons Violations

DEFENDANTS’ CASES CLOSED BY UNIT TOTAL DEFENDANTS

UNIT

Drug Violations

Larceny/Theft

Sex Offenses

LOCATIONS OF TOP FIVE CRIMES CHARGED

Aggravated Assault

Cold Case

10

Criminal Non-Support

173

Economic Crime

168

General Felony Internet Crimes Against Children Major Drug Major Trial Mortgage Fraud Violent Crimes Task Force

9,508 51 294 579 18 18

Weapons Violations

CRIMES CHARGED OVER TIME CRIMES CHARGED OVER TIME (NONVIOLENT VS. VIOLENT)

LEARN HOW WE ARE TARGETING RESOURCES TO PURSUE VIOLENT AND REPEAT OFFENDERS... PAGE 11

2010 2011 2012 2013 2010

67.8% - Nonviolent 32.2% - Violent

Total crimes charged: 40,965

2011

2012

69.4% - Nonviolent 30.6% - Violent

71.3% - Nonviolent 28.7% - Violent

Total crimes charged: 35,828

Total crimes charged: 37,761

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2013

69.6% - Nonviolent 30.4% - Violent

Total crimes charged: 34,069


2013

Year in Review The escape of three young women imprisoned for more than a decade by Ariel Castro (Page 19) grabbed the most headlines, but that case was just one of many important matters handled by the Cuyahoga County Prosecutor’s Office in 2013.

a 1993 rape by the Office’s multi-agency DNA Cold Case Task Force (Page 18). Then an FBI-led task force reviewing unsolved disappearances in that same neighborhood in the wake of the Castro case focused on Acevedo, too. Under interrogation, he admitted to additional rapes and to murdering Pamela Pemberton in 1994 and Christina Adkins in 1995. On December 30, 2013, Acevedo received a sentence that guarantees he will never leave prison alive.

Combining high-tech DNA analysis and old-school police work, the Prosecutor’s Office and its lawenforcement partners identified murderers and rapists who had eluded justice for decades. The office also uprooted illegal Internet gambling, tackled a spike in heroin-related deaths and brought to justice white-collar criminals responsible for gutting neighborhoods.

DNA evidence also led to the arrest of Warren Hernandez for the 1984 murder of 14-year-old Gloria Pointer as she was walking to school. Hernandez faces the death penalty ­– one of only three cases in 2013 where Prosecutor McGinty chose to seek it. And DNA led authorities to Donald Pryor for the 2004 slaying of East Cleveland resident Allura Robinson. Both Pryor and Warren will be tried in 2014.

One thread that unites all these cases: Collaboration. Prosecutor Timothy J. McGinty believes that by working together, federal, state and local law enforcement agencies can stretch resources, capitalize on each other’s strengths and make communities safer by taking the most serious repeat and violent criminals off the streets.

CRACKING DOWN ON GAMBLING

SOLVING OLD MYSTERIES

Working with Ohio’s Attorney General and Department of Public Safety, the U.S. Secret Service, the Cuyahoga County Sheriff’s Department and Parma Heights Police, the Prosecutor’s Office shut down 54 storefront Internet casinos.

The best example of that might be Elias Acevedo. A prior sex offender, he was identified as a suspect for

Photo courtesy of The Plain Dealer/Northeast Ohio Media Group

MICHAEL MADISON INDICTED

ELIAS ACEVEDO SENTENCED

Suspected East Cleveland serial killer and convicted sex offender Michael Madison was arrested and indicted thanks to the collaborative efforts by law enforcement to bring this one-man crime wave to justice.

The Castro case prompted investigators to review other cold cases and led them to Elias Acevedo. He pled guilty to killing Christina Adkins and Pamela Pemberton and was sentenced to 445 years. 6


CONFRONTING EVIL

Prosecutor McGinty also took aim at the out-of-state companies behind these operations. He filed organized crime charges and uncovered information about their contributions to Ohio legislators. Those disclosures weakened the Internet casino lobby and led to a new state law limiting “sweepstakes” games. Criminal cases in Cuyahoga County culminated with guilty pleas from corporate and individual defendants – and a promise to leave Ohio. Defendants also forfeited more than $1.5 million.

In July, police discovered the bodies of three murdered women in East Cleveland. They arrested Michael Madison, 35, who had been convicted of Attempted Rape in 2002. He will stand trial in 2014 and faces the death penalty. That same month, a jury found Holly McFeeture guilty of murdering Matthew Podolak in 2006 by spiking his iced tea with antifreeze. Police were tipped to the poisoning in 2012. McFeeture could spend life in prison.

MAKING PROFITEERS PAY When the foreclosure crisis hit Cleveland, unscrupulous investors bought up decrepit properties, made no attempt to improve them and then tried to unload them to new buyers at a quick profit. They often forged documents, laundered money and left behind rotting shells of houses that undermined neighborhoods.

One of 2012’s grisliest cases culminated in November 2013 when Camilia Terry was found guilty of murdering her three-year-old son and dumping his body in the trash. She will spend at least 31 years in prison. And with the death toll from heroin overdoses in the county inching toward a record 195, a grand jury late in 2013 indicted drug dealer Michael Karkoska for Involuntary Manslaughter. He sold drugs to a 19-year-old man found dead the following morning near the Triskett Road RTA stop. It marked the Office’s first use in memory of homicide laws against the seller of a fatal drug dose.

In 2013, flipper Blaine Murphy drew prison time and a $1 million restitution order after pleading guilty to 11 felonies. Marc Tow, who scammed investors with promises of income-producing properties, entered a guilty plea to RICO charges and was sentenced to five years in prison and ordered to pay back $300,000.

Photo courtesy of The Plain Dealer/Northeast Ohio Media Group

Photo courtesy of The Plain Dealer/Northeast Ohio Media Group

ARIEL CASTRO CONVICTED

HOLLY M c FEETURE CONVICTED

The man who held three women captive for a decade pled guilty to 937 counts of Rape and Kidnapping. Fewer than 90 days after Ariel Castro’s arrest, he was sentenced to life without parole plus 1,000 years.

Holly McFeeture was sentenced to life in prison in August 2013 for poisoning her former boyfriend, Matthew Podolak, with antifreeze in 2006. Here Podolak’s family reacts to the guilty verdict in court. 7


ABOUT THE OFFICE

The Cuyahoga County Prosecutor’s Office is among Northeast Ohio’s largest law firms, with more than 200 attorneys. The office represents the people of Cuyahoga County, pursuing justice, safety and prosperity for the community.

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 employs more than 300 people, including 210 assistant prosecuting attorneys and about 120 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 & Family Services.

TALENT

DIVERSITY

EXPERIENCE

Our attorneys, investigators, advocates and administrative staff are committed to public service, whether they are seeking justice for victims, representing the county in civil matters or conducting policy research.

A diverse community requires a broad range of perspectives to represent its interests, pursue justice and ensure safety. Prosecutor McGinty has made diversity and inclusiveness top priorities within the office.

Our 210 attorneys together have more than 2,100 years of experience in the field of law. The office also relies on expert investigators, advocates, case managers and administrators with decades of experience serving the community.

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UNITS AND DIVISIONS

CIVIL The Civil Division includes 41 employees who handle civil matters on behalf of various county entities. Twelve prosecutors work under the General Civil Unit, which is the county’s in-house law firm,

providing legal services to county officials, the courts and to some of the county’s departments, agencies, boards and commissions. Another six attorneys work in tax foreclosure, representing the

County Treasurer in filing actions on tax delinquent properties. These filings support the efforts of community development corporations in redeveloping neighborhoods in the wake of the foreclosure crisis.

The Criminal Division is the largest division in the Prosecutor’s Office, with 131 employees, including 105 attorneys. Prosecutors in this division pursue cases against defendants who have committed felonies

in the county. A total of 10,819 criminal cases were disposed (pled out or tried and completed) in 2013. Attorneys in this division also write search warrants, present cases to the Grand Jury, work to expedite

cases through the judicial system, manage appeals and specialize in regional or specific crimes. Advocates work with victims and witnesses to prepare them for court and help educate them of their rights.

The Juvenile Division handles civil and criminal issues involving juveniles in Cuyahoga County. The Juvenile Justice Unit includes 25 attorneys who prosecute crimes committed by children

under 18 and providing options for alternative rehabilitation for first-time, nonviolent offenders to prevent recidivism. They disposed 5,387 cases in 2013. The 19 prosecutors in the Children & Family

Services Unit handle cases of abuse, neglect and dependency. Finally, 30 prosecutors assist in both civil and criminal cases regarding the establishment and enforcement of child support orders.

The Special Investigations Division includes 43 employees. It combines the expertise of prosecutors and investigators to prepare and prosecute certain criminal cases. Units are organized to prosecute cold case rapes

and homicides, economic crime, organized crime, public corruption and online child exploitation. The division also includes several investigators to locate witnesses, deliver subpoenas and provide

other vital investigative support throughout the office. This division also houses the Ohio Internet Crimes Against Children Task Force, of which Prosecutor McGinty serves as the Chairman.

Skilled and dedicated administrative staff of the Prosecutor’s Office are essential to the effective pursuit of justice in Cuyahoga County. These employees work in human resources,

information technology, communications, operations, and clerical positions. In 2013, administrative employees championed an internal performance measurement dashboard, secured new

technology for more effective case management, handled a record-breaking number of media inquiries on high profile cases and effectively managed the office’s budget.

CRIMINAL

JUVENILE

SPECIAL INVESTIGATIONS

ADMINISTRATION

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INTEGRITY

Integrity is the foundation of effective leadership. The Prosecutor’s Office is committed to transparency, accountability and honesty in all its dealings to earn the trust of the public and to best serve the citizens of Cuyahoga County.

Restoring Public Confidence in Cuyahoga County After a series of high-profile public corruption cases that rocked Cuyahoga County and triggered an overhaul of the county’s governing structure, Prosecutor Timothy

J. McGinty has made restoring public confidence in the courts and government a priority.

In 2013, he organized a Public Corruption Unit.

Its mission, as Prosecutor McGinty put it after one

former official’s conviction on 37 felony counts, is to “send a message that public corruption in Cuyahoga

Cleveland Firefighters appear in court to face charges of illegally paying coworkers to cover years’ worth of shifts. APA Jennifer O’Malley was among the team from our office that represented the State of Ohio in this case.

County will be vigorously prosecuted to the fullest extent of the law.”

Over the course of the year, the Public Corruption

Unit and the Economic Crime Unit indicted 21 public

Calabrese and two other attorneys, G. Timothy

officials and three attorneys. Those defendants included

Marshall and Marc Doumbas, also were convicted

a sitting municipal judge, a municipal law director and

of attempting to bribe two rape victims to alter their

prosecutor in addition to police officers, firefighters and

testimony in hopes of getting a lighter sentence for

a county corrections officer. Among the charges: Theft

a serial sex offender. Calabrese entered a guilty plea

in Office, Tampering with Public Records and Engaging

in that case, too, while the other two went to trial,

in a Pattern of Corrupt Activity.

arguing that their overtures to the victims were an

attempt to “settle” a civil case. The judge and jury saw

One of those attorneys, Anthony O. Calabrese III,

through that ruse.

entered a plea of guilty to racketeering and bribery charges connected to Cuyahoga County’s purchase

When she sentenced Marshall and Doumbas to

state prosecution related to that deal – and to his

outcome of the case shows, “Justice is not for sale in

of the Ameritrust complex – in the only federal or

prison, Visiting Judge Patricia Cosgrove said the

use of a government-funded halfway house to bribe

Cuyahoga County.” That is exactly the message our

public officials.

prosecutions will send.

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SAFER COMMUNITIES

The Prosecutor is focusing resources on reducing the crimes that pose the greatest threat to our community. Safer neighborhoods become more inviting places to raise families, buy homes and invest in businesses.

Pursuing the Worst Offenders

Prosecutor McGinty is committed to restoring community confidence and safety to Cuyahoga County. By focusing on the “worst of the worst” – the violent and repeat offenders who are themselves one-person crime waves – we can quickly improve the safety of our community. About 80% of the cases that are disposed are low level crimes, and we want to move them through the system without any unnecessary delay so the rehabilitation can begin and so we can target repeat, violent offenders who are terrorizing communities. When we take these offenders off the streets, we help pave the way for economic development, greater public confidence and revitalized communities.

Fighting the Heroin Epidemic

Abuse of heroin and opiates has become an epidemic in our community, and its toll has risen at an alarming pace in the past several years. The County Medical Examiner confirmed 195 fatal heroin overdoses in the county in 2013. This was a nearly 400 percent increase in heroin overdose deaths between 2007 and 2013.

To focus our limited resources on the prosecution of these serious and violent crimes, Prosecutor McGinty continues to champion reforms that identify nonviolent cases early on so they can be referred to diversion programs such as drug court or mental health centers.

Drug crimes outpace all other crime in four of Cuyahoga County’s five regions and rank second in the remaining region. The blight of heroin in our community increases property crimes, erodes neighborhoods, ruins families and ends lives, but we are working to reduce this threat by targeting those who traffic in heroin. In September 2013, our Major Drug Offender Unit worked with federal, state and local law enforcement agencies to conduct a raid that netted nearly 90 heroin dealers, the largest takedown of heroin trafficking in Northeast Ohio.

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SAFER COMMUNITIES

A Regional Approach

The county is divided into five regions for the prosecution of general felonies. Each region encompasses one law enforcement district within the City of Cleveland as well as several surrounding suburbs.

5 4

1

3 2

CUYAHOGA COUNTY, OHIO

Eight to 10 assistant prosecuting attorneys represent each region in the prosecution of general felonies such as theft, assault and drug or weapons charges. This regional approach to criminal justice allows prosecutors to develop collaborative working relationships with local law enforcement, to attend community meetings and events to understand residents’ concerns, and to better recognize greater trends that can help make Northeast Ohio a safer, more productive place to live, work and do business. The prosecutors who work with each district are also personally involved and active in community organizations. We care about each neighborhood, each community.

REGION 1

POPULATION: 380,478  CLEVELAND NEIGHBORHOODS: Cudell, Edgewater, Jefferson, Kamm’s Corners, Puritas-Longmead, Riverside and West Boulevard  SUBURBS: Bay Village, Berea, Brook Park, Fairview Park, Lakewood, Middleburg Heights, North Olmsted, Olmsted Falls, Olmsted Township, Rocky River, Strongsville and Westlake

REGION 2

*POPULATION: 345,691  CLEVELAND NEIGHBORHOODS: Brooklyn Centre, Clark-Fulton, Detroit Shoreway, Ohio City, Old Brooklyn, Stockyards and Tremont  SUBURBS: Brecksville, Broadview Heights, Brooklyn, Brooklyn Heights, Cuyahoga Heights, Garfield Heights, Independence, Maple Heights, Newburgh Heights, North Royalton, Parma, Parma Heights, Seven Hills, Valley View and Walton Hills

REGION 3

POPULATION: 138,271  CLEVELAND NEIGHBORHOODS: Central, Downtown, Fairfax, Goodrich-Kirtand Park, Hough, Industrial Valley, North Broadway and University  SUBURBS: Bedford, Bedford Heights, Bentleyville, Chagrin Falls (Village & Township), Glenwillow, Highland Hills, Moreland Hills, North Randall, Oakwood, Orange, Solon, Warrensville Heights and Woodmere

REGION 4

POPULATION: 220,478  CLEVELAND NEIGHBORHOODS: Buckeye-Shaker, Corlett, Kinsman, Lee-Miles, Mount Pleasant, South Broadway, Union Miles Park and Woodland Hills  SUBURBS: Beachwood, Gates Mills, Highland Heights, Hunting Valley, Mayfield, Mayfield Heights, Pepper Pike, Richmond Heights, Shaker Heights, South Euclid and University Heights

REGION 5

POPULATION: 181,015  CLEVELAND NEIGHBORHOODS: Euclid-Green, Forest Hills, Glenville, North Collinwood, South Collinwood and St. Clair-Superior  SUBURBS: Bratenahl, Cleveland Heights, East Cleveland and Euclid *Population data from 2010 U.S. Census 12


SAFER COMMUNITIES REGION 1

Kamm’s Corners on Cleveland’s West Side

Region 1

CRIME DATA SNAPSHOT VIOLENT VS. NONVIOLENT CHARGES

6,862

Nonviolent

24

Total counts charged in 2013 in Region 1

%

Violent

76%

TOP FIVE CATEGORIES CHARGED

Region 1 assistant prosecuting attorneys with their supervisor, Andy Nichol

59.1%

Drug Abuse Violations

17.8%

Larceny/Theft

10.0%

Burglary

6.6%

Weapons Violations

6.5%

Aggravated Assault

Notable 2013 Cases STATE V. BRANDON S. BETLISKEY

STATE V. GREGORY DUNCAN AND JAYVE JACKSON

In September 2013, Brandon Betliskey drove to the victim’s home and stabbed him three times in retaliation for an earlier altercation between the victim and Betliskey’s sister. After two months in hiding, Betliskey was apprehended, tried and found guilty of Felonious Assault and sentenced to seven years in prison.

Duncan and Jackson were responsible for 15 home burglaries in Cleveland, Rocky River, Westlake and Lakewood. The pair were caught breaking into a home in West Park. In May 2013, they pled guilty in four cases and were sentenced to 10 years and ordered to pay restitution of nearly $25,000.

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STATE V. MY VAN TRAN Tran first served two years for a 2005 crime spree targeting Asian-owned businesses. In 2013, he was the prime suspect for 30 break-ins at Asian-owned businesses across the county. A restaurant owner apprehended him, and Tran was found guilty of Aggravated Robbery and sentenced to 19 years.

Number of assistant prosecuting attorneys assigned to Region 1.

13

99.1%

The office’s success rate in cases prosecuted in Region 1 in 2013.

2,550

Total number of defendants charged in Region 1 in 2013.


SAFER COMMUNITIES REGION 2

The West Side Market in Ohio City Photo courtesy of The City of Cleveland

Region 2

CRIME DATA SNAPSHOT VIOLENT VS. NONVIOLENT CHARGES

9,209

Nonviolent

30

Total counts charged in 2013 in Region 2

%

Violent

70%

*TOP FIVE CATEGORIES CHARGED

Region 2 assistant prosecuting attorneys with their supervisor, Michael C. O’Malley

49.0%

Drug Abuse Violations

22.3%

Larceny/Theft

10.5%

Burglary

9.2%

Aggravated Assault

9.0%

Weapons Violations

*The 977 counts charged (primarily Rape and Kidnapping) in the State v. Ariel Castro case are included in the total counts charged but not in the top five categories.

Notable 2013 Cases STATE V. ANDRE MATTHEWS

STATE V. RAYDON HOWARD

Members of St. Helena’s Romanian Catholic Church discovered their priest had been stealing church funds to support his secret family – $176,000 over six years. Matthews also took $103,000 from an elderly parishioner who had given him power of attorney. Matthews pled guilty to Money Laundering and was sentenced to two years in prison.

Police considered Howard one of the most violent men in Cleveland, terrorizing Denison Ave. and West 38th St. for years and scaring witnesses from testifying. He shot his halfbrother, who lost a kidney and is paralyzed from the waist down. A jury convicted him of felonious assault, and he will serve eight years in prison.

STATE V. TIMOTHY B. BACOTE

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Bacote had accumulated 22 felony convictions when he was arrested in November 2012 for a brutal assault and robbery on Lorain Ave. in Cleveland. When arrested, he was carrying a wallet from a second assault and robbery victim. Bacote was charged on both cases and pled guilty. He will serve 12.5 years in prison.

Number of assistant prosecuting attorneys assigned to Region 2.

14

99.3%

The office’s success rate in cases prosecuted in Region 2 in 2013.

2,578

Total number of defendants charged in Region 2 in 2013.


SAFER COMMUNITIES REGION 3

Uptown University Circle

Photo courtesy of The City of Cleveland

Region 3

CRIME DATA SNAPSHOT VIOLENT VS. NONVIOLENT CHARGES

6,296

Nonviolent

26

%

Total counts charged in 2013 in Region 3

Violent

74%

TOP FIVE CATEGORIES CHARGED

Region 3 assistant prosecuting attorneys with their supervisor, Jose Torres

43.8%

Sex Offenses*

24.7%

Drug Abuse Violations

13.2%

Larceny/Theft

10.1%

Forcible Rape

8.2%

Aggravated Assault

Excluding rape, prostitution and vice

Notable 2013 Cases STATE V. JOHN WESTFALL

STATE V. ELDRIDGE COLVIN

On the night of June 14, 2013, an intoxicated Westfall forced his way into his home, locked the door and brutally choked and beat his girlfriend while threatening to kill her. Westfall was tried and found guilty of Attempted Murder, Felonious Assault and Domestic Violence. He was sentenced to eight years in prison.

Colvin, who has a long record including car thefts, stole a pickup truck from a construction site. Police pursued him and Colvin fled, running red lights. At Kinsman Ave. and E. 79th St., he ignored traffic signals and crashed into five vehicles. A 15-year-old victim was severely injured, suffering head trauma and facial disfigurement. Colvin will serve six years.

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STATE V. GREGORY DIEHL

An intoxicated Diehl assaulted and robbed a female acquaintance in The Flats. When police arrived, Diehl threatened to slit the victim’s throat and to kill the responding officers’ families. Diehl, who has a long record of terroristic threats, robbery and other offenses, will serve eight years in prison.

Number of assistant prosecuting attorneys assigned to Region 3.

15

98.2%

The office’s success rate in cases prosecuted in Region 3 in 2013.

2,141

Total number of defendants charged in Region 3 in 2013.


SAFER COMMUNITIES REGION 4

A community garden in Slavic Village Photo courtesy of The City of Cleveland

Region 4

CRIME DATA SNAPSHOT VIOLENT VS. NONVIOLENT CHARGES

5,627

36

%

Total counts charged in 2013 in Region 4

Nonviolent Violent

64%

TOP FIVE CATEGORIES CHARGED

Region 4 assistant prosecuting attorneys with their supervisor, Jose Torres

31.4%

Drug Abuse Violations

24.9%

Larceny/Theft

16.2%

Aggravated Assault

15.6%

Weapons Violations

11.9%

Forgery/Counterfeiting

Notable 2013 Cases STATE V. JEROME WADE

prosecuted in 2013 for shooting three people, paralyzing one victim. A jury found him guilty and he was sentenced to 32 years. After his conviction, his DNA was matched to two rapes in Cleveland from the 1990s. He was identified as the first John Doe in the DNA Cold Case Task Force sexual assault kit initiative. (See page 18.)

Wade had a history of theft and drug violations when a cold case initiative linked his DNA to the 2006 death of a 72-year-old woman. In an unrelated case, witnesses detained him after he robbed a woman on St. Clair Ave. in October 2012. In August 2013, at the age of 65 and in poor health, he pled guilty in both cases and will serve 11.5 years (likely the rest of his life) behind bars.

9

Number of assistant prosecuting attorneys assigned to Region 4.

STATE V. GEORGE YOUNG Young served time in Alabama for a violent offense before moving to Cleveland in the early 1990s. After beating three jury trials for violent crimes, he was 16

98.8%

The office’s success rate in cases prosecuted in Region 4 in 2013.

2,046

Total number of defendants charged in Region 4 in 2013.


SAFER COMMUNITIES REGION 5

Waterloo Arts District on Cleveland’s East Side Photo courtesy of The City of Cleveland

Region 5

CRIME DATA SNAPSHOT VIOLENT VS. NONVIOLENT CHARGES

7,066

Nonviolent

36%

Total counts charged in 2013 in Region 3

Violent

64%

TOP FIVE CATEGORIES CHARGED

Region 5 and 6 (newly promoted) assistant prosecuting attorneys with their supervisor, John Kosko

54.8%

Drug Abuse Violations

13.5%

Larceny/Theft

12.6%

Aggravated Assault

10.0%

Weapons Violations

9.1%

Burglary

Notable 2013 Cases STATE V. GUY JARRETT

STATE V. STEPHAN ANDERSON

Byron Redd and two friends were in his truck leaving a party on East 149th Street when then 17-year-old Jarrett attempted to rob Redd at gunpoint. When Redd drove off, Jarrett shot him seven times, killing him. Jarrett was found guilty of Aggravated Murder and will serve 45 years to life in prison.

Anderson, along with two accomplices, accosted the victim outside a convenience store, punching and kicking him. They broke his jaw and stole the $40 he was carrying. Anderson returned to the store, where the proprietor recognized him and called the police. Anderson’s seven year sentence marks his fourth trip to prison.

STATE V. KEVIN BELL

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Bell’s DNA was found on a cigarette butt left at a house that had been ransacked and burglarized. His conviction for this crime was his 14th, and his ninth trip to prison. Bell’s DNA was found to have matched an unsolved rape from 1993, also in the fifth district. Bell will serve 20 to 25 years for these convictions.

Number of assistant prosecuting attorneys assigned to Region 5.

17

99.5%

The office’s success rate in cases prosecuted in Region 5 in 2013.

2,309

Total number of defendants charged in Region 5 in 2013.


COLLABORATION

Only by working together can the offices within the justice system best serve the community, bring justice to victims and prevent crime. The Prosecutor’s Office collaborates through inter-agency task forces and other investigative initiatives.

DNA COLD CASE FORCE

Against the Clock: Prosecuting Cold Case Rapes Ohio Attorney General Mike DeWine has invited law

71 defendants had been indicted. We expect eventually

enforcement agencies in the state to send the Bureau

to initiate more than 1,000 criminal prosecutions.

of Criminal Investigation (BCI) lab any sexual assault kits that had never been tested for DNA. By the end

Prosecutor McGinty has also helped Cleveland and East

submitted almost 1,500 kits, with more than 4,000

sexual assault kits for delivery to BCI.

Cleveland Police by securing funding to help prepare

of 2013, police departments in Cuyahoga County had anticipated eventually.

DNA in newly tested kits from Cuyahoga County

has helped solve cases that have lingered for up to 20

With BCI matching DNA profiles gleaned from the

years and to bring closure and justice to victims. Many

kits to those of known criminals, the Cuyahoga County

of the offenders are turning out to be lifelong, violent

Prosecutor’s Office formed its DNA Cold Case Task Force in March 2013 and committed to investigate

criminals. Roughly a third of those indicted so far have

and, whenever possible, pursue charges against newly

been serial rapists. Sending them back to prison or

identified perpetrators.

keeping them there makes our communities safer.

The Task Force pairs Cleveland Police Detectives,

This is an ambitious project that will last for several

Sheriff’s Department Officers, and BCI Agents with

years. But it is a once in a lifetime opportunity to lock

investigators from the Prosecutor’s Office to locate

up dangerous predators that the County Prosecutor’s

victims, witnesses and additional evidence in these old

Office is committed to finishing. Victims and our

cases. These investigators then collaborate with a team of

communities deserve nothing less.

DNA Cold Case prosecutors to prepare cases for Grand Jury presentation and prosecution. By the end of 2013,

18


COLLABORATION

Photo courtesy of The Plain Dealer/Northeast Ohio Media Group

Hidden in Plain Sight ARIEL CASTRO IMPRISONED THREE WOMEN IN THEIR OWN NEIGHBORHOOD FOR MORE THAN 10 YEARS. SWIFT JUSTICE FOLLOWED THIS HORRIFIC DISCOVERY. When three women escaped from a house on Cleveland’s West Side where they had been held captive for more than a decade, the world watched. May 6, 2013, was a day of celebration that these victims were alive, a day of grief over the horrors they suffered, and a day of reckoning for Ariel Castro. When police officers brought him into custody that day, a countdown began.

victim and witness interviews, to the collection and management of evidence, to managing communications with the hundreds of media outlets that had flocked to Cleveland to cover the story. The team diligently prepared for the case to go to trial, crafting an indictment that included 977 counts and reserving the right to seek the death penalty. This preparation ensured Castro eventually agreed to a plea deal, which protected the victims from additional suffering during trial and allowed them to begin to heal. On July 28, 2013, Castro pled guilty to 937 counts of Rape and Kidnapping. Days later he was sentenced to life without parole, plus 1,000 years.

Castro did not waive his right to a 90-day speedy trial. This put tremendous pressure on the Prosecutor to prepare the case. The complexity of preparing a case for crimes committed over 10 years was unprecedented. Collaboration across all law enforcement agencies was essential to managing the investigation, from suspect,

This unassuming house at 2207 Seymour Ave. served as a prison for more than a decade for three Cleveland women. When they escaped, Prosecutor McGinty made it his top priority to ensure swift justice, protect the victims and help the community heal.

Days after their his sentencing, Ariel Castro’s house was demolished. “That house symbolized terror, and tearing it down was an important step to healing for the victims and the community,” said Prosecutor McGinty.

19

Amanda Berry, Gina DeJesus and Michelle Knight defied the odds and defeated evil when they escaped from Ariel Castro. Governor John Kasich recognized them for their courage in February 2014.


PREVENTION & ADVOCACY

JUVENILE JUSTICE

Preventing More, Prosecuting Less The No. 1 task of the Juvenile Justice Unit is to prosecute the most serious crimes committed by youngsters under age 18 in Cuyahoga County. The unit handled almost 5,400 cases in 2013. But from its creation in the early years of the 20th Century, Cuyahoga County’s Juvenile Court has aimed not just to punish youths who break the law, but to set them on a better path in life. That is a tradition the Prosecutor’s Office also embraces, and everyone in the Juvenile Justice Unit is encouraged to work with the court and its affiliated service providers to offer support and guidance to those young defendants who want to avoid a life of crime.

Duane Deskins joined the Prosecutor’s Office in December 2013 to lead the Juvenile Division in prosecution and crime prevention efforts.

spearhead community initiatives and strategies that will deter youth crime and prevent children from turning to violence. That’s why Deskins wears a second hat as well: Director of Juvenile Crime Prevention.

To lead that effort as chief of the Juvenile Division, County Prosecutor Timothy J. McGinty has hired Duane Deskins, a Cleveland native and federal prosecutor for more than 30 years. But in addition to filling a traditional legal role, Prosecutor McGinty also wants Deskins to

“We want Cuyahoga County to become a leader in preventing juvenile violence and juvenile crime,’’ Prosecutor McGinty said when he announced the hiring of Deskins in December. “Throughout the entire criminal justice system, we want to prevent as much as we prosecute.”

OUTREACH & EDUCATION Leah Hackney of the Ohio Internet Crimes Against Children Task Force presents on Internet safety to high school students. Ohio ICAC provided education to more than 14,000 students, parents and teachers in 2013. Representatives from the Prosecutor’s Office provide education on Internet safety, drug abuse prevention, sexual assault and dating violence, legal rights for grandparents raising grandchildren and more. To request a speaker on a legal or crime prevention topic, please visit our website at prosecutor.cuyahogacounty.us. 20 20


PREVENTION & ADVOCACY

Left to Right: Assistant Prosecuting Attorneys Christopher Schroeder, Brian Radigan, Andrew Nichol, Matthew Meyer, Anna Faraglia, Saleh Awadallah and Mary McGrath. Faraglia was honored as the outstanding assistant prosecutor in the state in 2013.

RECOGNITION FOR EXCELLENCE

Attorneys Honored for Advocacy Efforts Since joining the Cuyahoga County Prosecutor’s Office in 1997, Assistant Prosecuting Attorney Anna Faraglia has handled many sensitive cases involving violence against women and children.

In 2013, her work received wider recognition when the Ohio Prosecuting Attorneys Association named Faraglia as the outstanding assistant prosecutor in the state. The OPAA also honored two other Assistant Cuyahoga County Prosecutors, Matthew Meyer and Brian Radigan, with meritorious assistant prosecutor awards.

She helped investigate sexual-abuse allegations against Catholic priests and prosecute Dr. Yazeed Essa. She was on the team preparing to try Ariel Castro and sat first chair in the Aggravated Murder trial of Camilia Terry. Her colleagues, supervisors and the victims she represents know how effectively Faraglia speaks for the most vulnerable and brutally victimized in our community.

Faraglia, Meyer and Radigan served as special prosecutors for Summit County on the 2012 Aggravated Murder trial of Denny Ross. Ross was convicted of killing 19-year-old Hannah Hill in 1999.

VICTIM WITNESS ADVOCATES The Victim Witness Unit assists victims of crime, with a special focus on sexual assault, homicide, domestic violence and crimes involving children. Victim witness advocates help victims navigate the criminal justice system and connect them to available services. Advocates accompany victims and witnesses when they appear in court, assist with victim impact statements, help file Crime Victim Compensation applications, explain the parole process and provide support and compassion throughout the process. This unit is integral to ensuring that the voices of all victims are heard in the pursuit of justice. About 450 victims received services from this unit in 2013. 21


CONTINUOUS IMPROVEMENT

Crime Data Mapping

prosecutor.cuyahogacounty.us

During his first year in office, the Prosecutor worked with his employees and across the justice system to identify ways to measure and improve performance over time. Our new website at prosecutor.cuyahogacounty.us is an important tool in this initiative.

Snapshot: The Prosecutor’s Office in 2013 $30.9 MILLION Operating budget of the CCPO

rderly conduct ng under the influence g abuse violations ible rape presentations to ery and counterfeiting

54

7,233 people

True-billed

10,616

Number of indictments sent by a Grand Jury to the courts for prosecution

Dollars collected on behalf of families by the Criminal Non-Support Unit:

$2.73 MILLION

Fraud Prostitution and commercialized vice Gambling Robbery Internet safety Larceny-theft (except motor vehicle theft) Sex offenses (except rape- prostitution- and vice) presentations Motor vehicle theft Vandalism provided to local(simple) Other assaults Weapons: carrying- possessing- etc. Tax foreclosure actions filed schools and Issues completed by on behalf of the Cuyahoga community centers the Civil Unit County Treasurer

Cuyahoga County public officials and employees indicted for corruption

21

18 ‘John Doe’s indicted (by DNA profile) by the DNA Cold Case Task Force

2,222

46%

Increase in child support collected by Criminal Non-Support Unit over the past five years.

89 Deployments of the Mobile Forensic Lab to investigate suspected Internet crimes against children

22

3,286

1,775

Weapons violations charges in Cuyahoga County

10,263 Victims of crimes contacted by our office


CONTINUOUS IMPROVEMENT

Creating a Culture of Continuous Improvement Part of Prosecutor McGinty’s commitment to the people of Cuyahoga County is to ensure that we conduct the pursuit of justice in a manner that is fair, appropriate and expeditious. Prosecutor McGinty has championed efforts to institute a system of regular performance audits for the entire criminal justice system within the county.

These efforts begin at home. In 2013 the Prosecutor’s Office started identifying metrics for measuring and improving our performance to better serve the people of Cuyahoga County. For maps, dashboards and other performance data, please visit our website at prosecutor.cuyahogacounty.us.

240

34,365

Victim notification letters sent

Permanent custody motions filed on behalf of Children & Family Services to protect abused and neglected children

993

8,480

Search warrants prepared by the Appeals Unit

$2,146,938

Restitution collected for victims of economic crimes

First time, nonviolent juvenile offenders entered into diversion

451

424

99%

Victims of crime assisted by the Victim Witness Advocates at the CCPO

14

Arguments at the Ohio Supreme Court by the Appeals Unit

412

First time, nonviolent adult offenders enrolled in the diversion program

23

Drug charges in Cuyahoga County

Adult defendants convicted or entered into diversion programs

71

Rape cases indicted from DNA Cold Case Task Force efforts

149

Guardianship motions filed on behalf of Adult Protective Services to protect elderly and vulnerable adults


C U YA HO G A C OU N T Y PRO SE C U T I NG AT T OR N E Y T I MO T H Y J. Mc GI N T Y J u s t i c e C e n t e r, C o u r t s Tow e r 1 2 0 0 O n t a r i o S t r e e t , N i n t h F l o o r • C l eve l a n d , O h i o 4 41 1 3 (21 6) 4 4 3 -78 0 0 • p r o s e c u to r. c u y a h o g a c o u n t y. u s

Cuyahoga County Prosecutor | 2013 Annual Report  

Annual report of the Cuyahoga County Office of the Prosecuting Attorney, Timothy J. McGinty

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