anyplainjoe
04-08-2008, 10:30
Akron murder case dismissed after prosecutor says police switched evidence
Tuesday, April 8, 2008 10:09 AM
AKRON, Ohio (AP) — Aggravated murder and kidnapping charges were dismissed after a prosecutor said police switched evidence in the case of a man also accused of gang activity and firearms offenses.
Authorities had said Arian O'Connor abducted Javan Rogers, 24, from his Akron home in 2002 and took him to Youngstown, where he shot him twice in the head.
O'Connor, 30, was indicted in October on two counts of aggravated murder, two counts of kidnapping, one count of participating in a criminal gang, and two counts of illegally carrying a firearm as a convicted felon.
Youngstown police tied O'Connor to the shooting by switching a shell casing from an unrelated drive-by shooting in November 2002, Summit County court records show.
“Everything's kind of been tainted because of this,” said Assistant Summit County Prosecutor Gregory Peacock. “This key piece of evidence being compromised the way it is, we just don't have sufficient evidence or the quality of evidence we need to proceed against Mr. O'Connor.”
In granting the dismissal Monday at the prosecution's request, Summit County Common Pleas Judge Patricia Cosgrove, called the issue “a situation that strikes at the very heart of our democracy and the justice system.”
O'Connor's attorney, Jonathan Sinn, said his client was accused of a crime “he clearly did not commit” and that he wanted an independent investigation of Youngstown police. He also said he would seek repayment of tens of thousands of dollars in taxpayer money spent to investigation and prosecute of O'Connor.
“I think it was a fraud on the court,” Sinn told the judge. “I think in a best-case scenario, your honor, the Youngstown police department knew that they had sent tainted evidence to your court and they covered it up. Worst case scenario, they took an opportunity to get rid of somebody they didn't want in their town.”
Messages were left Tuesday for Youngstown police Chief Jimmy Hughes and Lt. Rod Foley, who is of charge of internal affairs for the department. Neither was immediately available.
The Summit County prosecutor's office first learned the evidence was compromised during an interview with investigators from the Ohio Bureau of Criminal Identification and Investigation in the days before O'Connor's scheduled March 18 trial date, said Assistant Summit County Prosecutor Brad Gessner.
“All we know is that the evidence was compromised. We do not know how,” Gessner said.
Summit County Prosecutor Sherri Bevan Walsh said O'Connor has been in custody at the Summit County jail since Oct. 25, when he was transferred from federal prison where he had served five years. He will be turned back over to federal authorities.
Tuesday, April 8, 2008 10:09 AM
AKRON, Ohio (AP) — Aggravated murder and kidnapping charges were dismissed after a prosecutor said police switched evidence in the case of a man also accused of gang activity and firearms offenses.
Authorities had said Arian O'Connor abducted Javan Rogers, 24, from his Akron home in 2002 and took him to Youngstown, where he shot him twice in the head.
O'Connor, 30, was indicted in October on two counts of aggravated murder, two counts of kidnapping, one count of participating in a criminal gang, and two counts of illegally carrying a firearm as a convicted felon.
Youngstown police tied O'Connor to the shooting by switching a shell casing from an unrelated drive-by shooting in November 2002, Summit County court records show.
“Everything's kind of been tainted because of this,” said Assistant Summit County Prosecutor Gregory Peacock. “This key piece of evidence being compromised the way it is, we just don't have sufficient evidence or the quality of evidence we need to proceed against Mr. O'Connor.”
In granting the dismissal Monday at the prosecution's request, Summit County Common Pleas Judge Patricia Cosgrove, called the issue “a situation that strikes at the very heart of our democracy and the justice system.”
O'Connor's attorney, Jonathan Sinn, said his client was accused of a crime “he clearly did not commit” and that he wanted an independent investigation of Youngstown police. He also said he would seek repayment of tens of thousands of dollars in taxpayer money spent to investigation and prosecute of O'Connor.
“I think it was a fraud on the court,” Sinn told the judge. “I think in a best-case scenario, your honor, the Youngstown police department knew that they had sent tainted evidence to your court and they covered it up. Worst case scenario, they took an opportunity to get rid of somebody they didn't want in their town.”
Messages were left Tuesday for Youngstown police Chief Jimmy Hughes and Lt. Rod Foley, who is of charge of internal affairs for the department. Neither was immediately available.
The Summit County prosecutor's office first learned the evidence was compromised during an interview with investigators from the Ohio Bureau of Criminal Identification and Investigation in the days before O'Connor's scheduled March 18 trial date, said Assistant Summit County Prosecutor Brad Gessner.
“All we know is that the evidence was compromised. We do not know how,” Gessner said.
Summit County Prosecutor Sherri Bevan Walsh said O'Connor has been in custody at the Summit County jail since Oct. 25, when he was transferred from federal prison where he had served five years. He will be turned back over to federal authorities.
