NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION Electronically Fiied: July 14, 2015 09:53 By: TIMOTHY J. MCGINTY 0024626 Con?rmation Nbr. 490799 THE STATE OF OHIO CR 12 vrs. Judge: DEVONTA HILL JOSEPH D. RUSSO Pages Filed: 8 Etectronically Filed 07/14/2015 09:53 MOTION CR 12 Con?rmation Nbr. 490799 CLLAJ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO JUDGE JOSEPH D. RUSSO Plaintiff, V. CASE NOS. (IR-569290, MANU BANNER, et al. Defendant, CRw58l333, 66, CR-S 84866, MOTION TO TRANSFER CRIMINAL CASES Now comes Timothy . McGinty, Prosecuting Attorney of Cuyahoga County, and on behalf of the State of Ohio, and hereby moves this Honorable Court to transfer the following cases to another court: State v. Mann Banner CR-515907, State v. Devonta Hill CR-569290, State Johnny Wright, State v. Kabron Norman State v. Pedro Munoz CR- 580708, State v. Ronald Celeste CR-581333, State v. ll/[tguel Goodman and Myles Smith Patterson State Gary Sanders State v. Lorraine Butler State v. Ariel Stokes CR-583789, State v. Carlos Tidmore CR-S 84866, State v. Scott Sylvester 85055, State v. Charles Williams IV and State Alberto Torres In each of these thirteen cases, the State is prepared for trial, yet proceedings in each of these cases have been delayed beyond one year. Therefore, for the purpose of judicial economy and ef?ciency, the State moves this Court to transfer each of these criminal cases to another trial, Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ judge whose docket is current. In support of this motion, the State relies upon the attached memorandum in support. Memorandum in Support of State?s Motion to Transfer Criminal Cases The State now moves this Honorable Court to transfer criminal matters in the following cases to another court room: State v. Mann Banner CIR-515907, State v. Devom?a Hill (Hi-569290, State v. Johnny Wright, Gil-569856, State v. Kabron Norman Gil-580243, State 1). Pedro Munoz (Hi-580708, State v. Ronald Celeste Cit-581333, State v. M'igael Goodman and Myles Smith Patterson (IR-581550, State Gary Sanders CR-580505, State v. Lorraine Butler CR-583166, State v. Ariel Stokes CR-583 789, State v. Carlas idmore (373684866, State 12. Scott Sylvester 585055, State v. Charles Williams IV and State v. Alberto Torres Cit-58570] . This request is made for the purpose of judicial economy. The State is prepared for trial in each of these cases and makes this request for the purpose of ensuring these matters proceed to trial as soon as possible. Through our case management system, the State has identified each of the above?listed eases as matters that have been active1 for at least 365 days after arraignment. The State submits that the delays in these cases do not. even meet the undemanding timelines set by the Ohio Supreme Court? These criminal cases also cost the county far too much in added. jail costs. More speci?cally, the State estimates that for each of the defendants in jail, there is an additional cost of Active days exclude any days the case was inactive due to eapiases, mental health evaluations, etc. 2 The State has derived a de?nition of active length from the Ohio Supreme Court Rule of Superintendence 39 and the metrics from the JSR Objectives, Goals and Measures, which was unanimously approved on February 14, 2013. Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ approximately $1 lS/day3 while these cases remain pending. But even more importantly, studies have demonstrated that individuals charged and released on bond constitute the most likely population to engage in crime. Unnecessary prolonged delay produces additional crime victims. These are matters that have been signi?cantly delayed to a high volume of continuances. The State notes that only a small fraction of the continuances came at request of the Cuyahoga County Prosecutor?s Of?ce. The vast majority of continuances came from defense requests. To better illustrate this point, the State has summarized the eontinuances that took place in each of these cases below: Case Criminal Defense State Continuances Charge Continuances Continuanees Due to Court Rape (child) 17.5 l.5 State v. Mann Banner Murder, 9 0 Involuntary State v. Manslaughter, Devonta Hill Felonious Assault, Failure to Comply Aggravated 7 0 0 Murder, State v. Murder, Johnny Felonious Wright Assault Rape (child), 1 0 3 Kidnapping, State v. 681 Kabron Norman Rape (l of 3 0 victims was a .3 Cleveland prisoners. Per Cuyahoga County cost estimate for assuming operation of jail services for City of Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ State V. child), Pedro Munoz Kidnapping, Traf?cking, Illegal. State V. Processing of Ronald Drug Celeste Documents Felonious Assault, State V. Improper Miguel Handling of Goodman Firearms in a and Myles Motor Vehicle, Patterson Criminal Damaging Felonious Assault, State V. Gary Domestic Sanders Violence, Endangering Children Theft, Food Stamps State V. Lorraine Butler Aggravated Robbery, State V. Ariel Kidnapping Stokes Kidnapping, GSI State V. Carlos Tidmore Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ Rape 3 0 0 State V. Scott Sylvester Gil-585081: Rape, Felonious 2 2 1 Assault State v. Charles Williams IV Pandering 0 0 Sexually State v. Oriented Matter Alberto Invelving a Torres Minor This list provides a brief snapshot of the amount of continuances that have been requested in. the criminal cases that have been active for over one year. This snapshot was taken as of June 3, 20l5. The State?s concern related to the delay in these cases extends beyond ?nancial considerations. In particular, the State points to the case of Byron Harris, who was indicted on January 21, 2014 for Aggravated Vehicular Assault? In Harris failed to appear for arraignment and a capias was issued on February 4, 2014. Harris then ?rescheduled? the arraignment for March ll, 2014, the capias was recalled, and he posted a $10,000 bond. After approximately thirteen (13) pretrials between March, 2014 and September 14, 2014, Harris was ?nally scheduled to plead on September 17, 2014. However, Harris failed to appeal. On September 23, 2014 Harris was indicted for an Aggravated Murder crime that he had committed on August 17. He failed to appear for his arraignment and was later in arrested in Texas months later so that he could be returned to Cuyahoga County for trial in December. Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ Aithough the delays in the Harris case took place in another court room, the State highlights that case as an example of the potential consequences that can result from delay in pending criminal cases. In Harris?s case, he might not have been free to commit the death of another person had he gone to trial in a reasonable time frame. This case demonstrates the importance to the State of working to ensure ef?ciency in reaching justice in criminal cases. Given the negative consequences of prolonging the resolution of these cases, the State urges this Court to transfer each of these cases. By doing so, this Court can help ensure that justice is not delayed and that neither the victims of crime nor the taxpayers are unduly burdened. The State and this Court owe a duty to the pubiic to prevent unnecessary crimes from occurring in the future and establishing a criminal justice system that works efficiently. While the Of?ce of the County Prosecutor and the Court play different roles, we work together in order to help ensure an effective and ef?cient criminal justice system. As such, the State moves this Court to transfer the criminal cases referenced in this memorandum in order to resolve these matters as efficiently as possible. Respectfully submitted, TIMOTHY .l . MCGINTY Cuyahoga County Prosecuting Attorney Timothy J. McGintv Timothy E. McGinty (0024626) Cuyahoga County Prosecuting Attorney Cuyahoga County Prosecutor?s Of?ce 1200 Ontario St, Eighth Floor Cleveland, Ohio 441 13 (216) 443-7800 Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ SERVICE A copy of the foregoing was sent by the Cuyahoga County Clerk of Courts electronic e? ?ling service this 14th day of July 2015 to the following parties: Attorney for Manu Banner William Summers 75 Public Square, Suite 1425 Cleveland, Ohio 441, 1.3 Attorney for Devonta Hill Michael Cheselka 75 Public Square, Suite 920 Cleveland, Ohio 44113 Attorney for Pedro Munoz Aaron Brockler 75 Public Square, Suite 920 Cleveland, Ohio 4411.3 Attorney for Ronald Celeste Reuben Sheperd 115l0 Buckeye Rd. Cleveland, Ohio 44104 Attorney for Alberto R. Torres Jr. W. Scott Ramsey The Standard Building, Suite 330 1370 Ontario Street Cleveland, Ohio 44113 Attorney for Scott Sylvester Jaye M. Schlachet Law Office of Jaye M. Schlachet 55 Public Square, Suite 1600 Cleveland, Ohio 44l13 Jaye@schlachetlaw.com Attorney for Ariel Stokes Jennifer J. Scott 21245 Lorain Rd. Suite 200 Cleveland, Ohio 44126 Attorney for Johnny Wright Russell W. Tye 75 Public Square, Suite 730 Cleveland, Ohio 441 13 Attorney for Kabron Norman Linda Hricko 310 W. Lakeside Ave, 4th Floor Cleveland, Ohio 44113 Attorney for Miguel Goodman Myron Watson 323 W. Lakeside Ave, Suite 420 Cleveland, Ohio 441 13 Attorney for Myles Srnith Patterson Mark: DeFranco 55 Public Square, Suite 1600 Cleveland, Ohio 441 13 Attorney for Charles H. Williams IV Mr. Paul Mancino, 3r. Attorney for Carlus 1). Tidmore Donald Butler Suite 600 75 Public Square Cleveland, Ohio 44113 Attorney for Lorraine Butler Jonathan N. Carver 4403 St. Clair Ave. Cleveland, Ohio 44103 Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ Attorney for Gary Sanders Suzan M. Sweeney 310 Lakeside Avenue Suite 400 Cleveland, Ohio 44113 Timothy J. MeGinty Timothy 3. McGinty (0024626) Cuyahoga County Prosecuting Attorney Electronically Filed 07/14/2015 09:53 MOTION CR 12 Confirmation Nbr. 490799 CLLAJ