The Fight for Total
Exoneration for Judge Tracie Hunter continues
Cincinnati, OH –
October 2, 2019 –For more than two months, Judge Tracie Hunter
has languished in a cold jail cell, without adequate medical care, and lacking the
most basic of human rights, such as palatable food or even the ability to see.
Upon entering the county justice center, one need only look no further than the
secured glass window, separating the corrections officers from the general
public, to see the ways in which the jail has transformed to become less
accommodating to likely the most high profile inmate the jail has seen in it’s
47 year history. The newly written note to all guards, prominently featured on
the computer keyboard, reads, “We will no longer accept contact lenses. Contact
lenses must be sent from the manufacturer through the mail.”
Meanwhile, Judge
Hunter has run out of her supply of contact lenses and has received
confirmation that hers arrived at the jail nearly five previous, but the guards
have refused to give them to her. Also delayed and oftentimes never received by
Hunter are the numerous letters and correspondence from supporters across the
tri-state and the US. Supporters like Darryl Patterson says his mail has been
consistently returned to him marked, “Return to Sender, Not here. Contents Not
Permitted, No Ident Number, Unknown As Addressed”. Patterson points out that
each time the jail returns his letters; there are conflicting details about
what is and is not allowed.
One envelope that
was returned to Mr. Patterson reads, “No more than 6 pgs per envelope allowed”.
Another envelope states, “Material in Print Must come from a Publisher or a
bookstore. No more than 8 pages allowed.”
Another Hunter
supporter, Elaine Patterson says she received a card back in the mail that
she’d sent Judge Hunter, which read, “No glitter allowed”.
The numerous rules
concerning how to send mail to the jail is frustrating at best, but Hunter’s
supporters say that they will continue to send letters and cards of
encouragement until she is released.
Hunter’s
time in jail has been very difficult for her, and rough on her family and close
friends, who are paying more than double the cost of an international phone
call to maintain communications with Hunter. While she suffers through each day
in jail, Hunter has faced numerous microaggressions and many blatant and
outright insults at the hands of the guards.
She is
filing grievances on a daily basis for incidents that have put her very life at
risk. On one occasion Hunter was left in a holding cell unsupervised with 15
men by herself. She also reported that on another occasion, she was locked in a
stairwell for over a ½ hour and the guards refused to allow her professional
visit (with either clergy or her attorneys). Several of her attorneys
travel several hours from Northern Ohio to meet with Hunter. Hunter has
reported that she has complained about feeling dizzy and her blood pressure has
been at record highs, and despite the fact that she is in the medical unit, she
has been afforded no medical care as a result of her ongoing medical
complaints.
Over the
past several weeks, Hunter has lost so much weight that she now wears a small
clothing size, and not medium, as she had when she entered the facility. She
says her weight loss is a result of not eating the unidentified substances that
they are serving as meals. She is also sometimes forced to go days without
showering, because the shower in the tub does not work, and her jailers refuse
to provide her with bleach cleaner to clean the bathtub. Hunter is on the
medical floor with people with open wounds, Hepatitis C, rashes and various
contagious diseases.
The lack
of hair care products for black women, and a sufficient comb for black women’s
hair texture has prevented Hunter from being able to was or comb her hair. Hunter
supporters, Bishop Bobby Hilton and Senator Cecil Thomas initially reported
that Sheriff Jim Neil’s staff conveyed that he has been placed under a gag
order, and was unable to speak with them regarding the inhumane treatment
during her period of incarcerated.
The fact
of the matter is that people don’t lose their human rights when they go to
jail.
Judge
Hunter maintains her innocence and continues to fight her unjust conviction.
Her attorneys have filed a Motion to Dismiss the charges, based upon the fact
that trial court judge, Nadel refused to poll the jury. The only three black jurors
on Judge Hunter’s criminal trial signed sworn affidavits stating that guilty
was not their verdict, and had they been polled they would have said so. Hunter
also asserts that she was denied a fair trial based on the extreme
prosecutorial misconduct, which is still on a habeas petition appeal to the
U.S. Sixth Circuit Court of Appeals.
Hunter says
she should also be entitled to have her conviction overturned based on her equal
protection argument currently pending before the trial court, which Hunter
explains that the state has treated her differently than Justice Pat DeWine,
who secured a public contract for his son, when he sent an email to Prosecutor
Joe Deters, asking him to hire his son in the Prosecutors office. No evidence
was ever presented to substantiate the criminal charge under the same statute in
Hunter’s case, but even with the smoking gun (email evidence), DeWine was never
charged with crimes. Hunter has asked
that the charges against her be dismissed.
Hunter will never be able to recover the time she has already spent
in jail, and her supporters have called for economic sanctions against United
Dairy Farmer (UDF) and other businesses, which support Prosecutor Joe Deters’
through campaign donations, who they say is behind Hunter’s false conviction. The
Sheriff’s website posts a possible release date, but according to the initial
agreement with Neil, Hunter was eligible to receive three days served for every
one day spent in jail. By this estimate, she should have been released on
September 20th.
As both federal and state cases proceed through the courts,
Hunter has secured new lawyers who will be taking over the habeas case at the 6th
circuit court of appeals, challenging the fact that Hunter was not afforded the
constitutional right to a fair trial. Even after Hunter is released, the case
will still be pending in court for who knows how long. Supporters say that is
why they will continue fighting until Hunter receives complete and total
exoneration. Hunter will still need to continue to raising money for her legal
defense fund, and court costs that, according to Court Clerk Aftab Pureval, are
likely the highest the court has ever seen.
A Citywide Event Benefit concert fundraiser for Hunter is
scheduled for 2:00 PM on October 12, 2019, at New Prospect Baptist church,
located at 1580 Summit Rd., Cincinnati, OH 45237. Tickets are $10. A celebrity
basketball fundraiser will be held in November. The community can also give
donations on the web at traciehunterlegaldefensefund.com.
Cincinnati Community Outraged by the Dragging & Jailing of Juvenile Court Judge
Cincinnati,
OH – June 25, 2019 – The
decision of Judge Patrick Dinkelacker to have Judge Tracie M. Hunter locked up
in jail for six-months, was shameful and disgraceful, and it served no purpose
other than to demonstrate the lack of judicial impartiality and unfairness
within the Hamilton County Court System. Moreover, these actions have deepened
the racial divide within the Cincinnati community.
Judge Hunter is not in the best physical health as a result of injuries from a
near fatal car accident she endured years ago. The brutal force by which she
was removed, and drug out of the courtroom, despite the fact that she did not
resist, was further evidence of the egregiousness and vindictiveness of this
entire case.
Judge Hunter has no prior record
and has been an upstanding leader, judge and pastor in our community for many
decades. Her incarceration is also a hardship upon her family,
particularly her elderly mother for whom Judge Hunter is the primary caretaker.
It is also a hardship on the church congregation, where she is the senior
pastor.
Although, Hamilton County Prosecutor Joe Deters recused himself from the case
due to a conflict of interest, to make it appear that he had no involvement, he
interfered and controlled the entire process from start to finish. Deters brought
the charges, selected the special prosecutors, and used his own budget and
asset forfeiture funds to pay for the entire case. Special prosecutors could have
been attained free of charge, but instead he chose to secure a no bid
multi-million dollar public contract for his personal criminal defense and
divorce attorneys. His involvement culminated today in a letter addressed to
Judge Dinkelacker, recommending that Judge Hunter undergo a mental
evaluation. This recommendation by Deters influenced Judge Dinkelacker to
remand Hunter to the psych unit in the county jail.
Judge Hunter is a political
prisoner, who now stands falsely accused and convicted of a crime she did not
commit. She had no involvement in her brother’s termination hearings.
Additionally, three jurors came forward to say that guilty was not their
verdict. The composition of Hunter’s jury and the jury pool was composed almost
entirely by those with connections to her political adversaries.
This case needs to be
investigated by an independent body, with no connection to the prosecutor or
judges in Hamilton County. Hunter is also in need of independent counsel from
outside of the county. There will be ongoing action steps shared with the
community once they are finalized. It’s time for those who believe in justice
and fairness to stand up and speak out on this unnecessary and unjust decision.
More information about Judge
Hunter’s nearly 10 year battle with the prosecutor and his political cronies
can be found on traciehunterlegaldefensefunds.com website.
The Coalition for a Just Hamilton
County
The Cincinnati Chapter of the NAACP
The Greater Cincinnati National Action Network
The Southern Christian Leadership Conference (SCLC)
Cincinnati is likely to erupt, if the first black and
democratic judge goes to jail on Monday morning
Cincinnati, OH – June 20,
2019 – Last week,
thousands of Cincinnatians took to the streets for a protest march, a chain of justice
and a protest demonstration in front of the prosecutor’s office in support of
Judge Tracie Marie Hunter. Hunter is the first
African-American and the first Democrat to become a judge in the Hamilton
County Juvenile Court’s 110-year history.
Hunter won her seat after a heated 18-month court battle and numerous appeals
reaching the U.S Supreme Court by the Board of Elections, who refused to count thousands
of votes from majority Democrat and black precincts. The federal court ruled in
Hunter’s favor and ordered the BOE to count several hundred votes, that
overturned the election, sealing Hunter’s win. Hunter’s political adversaries,
angered by her winning the election, filed an unprecedented 30 lawsuits against
Judge Hunter in retaliation, after she had served less than 9 months on the
bench.
Prosecutor Joe Deters, who fought Hunter in
the Board of Elections case, forced Hunter to be represented by his office in
the 30 lawsuits filed by his cronies. He further caused the lawsuits to result
in default judgements against Hunter when he failed to file answers in those
cases. After Hunter filed ethics charges with the Ohio Supreme Court against
Deters for simultaneously suing her in the election case, and representing her
as Judge. Deters then withdraw his representation, but appointed two attorneys
he controlled, to represent her. Neither lawyer had ever practiced juvenile law
or represented public officials.
In retaliation, Deters accused Hunter of
crimes two weeks later and recommended his personal criminal defense and
divorce attorneys to prosecute her, awarding them a million dollar contract. They
charged her with 10 felonies. According to State Senator Cecil Thomas, these
charges were a successful ploy by Deters to keep Hunter off the bench for the
majority of her six-year term, so that John Williams, who lost the election to
Hunter, could unilaterally control the Juvenile Court. Deters claims that he
had nothing to do with her prosecution, but used his personal county budget and
asset forfeiture funds to pay for the court case, when he could have secured
attorneys free of charge through the Ohio Attorney General.
Judge Hunter, the senior pastor of The Western
Hills Brethren in Christ Church in Cincinnati, and the sole caregiver for her
mother, has been sentenced to six-months in jail. Hunter is expected to appear in court and be
taken into custody Monday, July 22nd. She has exhausted her appeals. On May 29th, Judge Timothy Black lifted the stay and upheld the five-year-old
conviction against Hunter for securing a public
contract, despite the fact that there was no contract secured and no evidence
to convict her of the charge. Judge Black is a Hamilton County resident and politically
connected to the Republican establishment in Cincinnati. Black ignored the fact
that the trial court judge refused to poll the jury, in violation of the law. The
only three black jurors on Hunter’s trial said that guilty was not their
verdict, and stated in sworn affidavits that they would have said so if Judge
Norbert Nadel had polled them.
Over three
million dollars of tax-payer money has been spent in the 10-year court battle
to keep Hunter off the bench; and 120,000 votes to elect Hunter to the bench
have been nullified. High-ranking government officials have warned that
Cincinnati may erupt in violence on Monday, given the fact most people think
she did not receive a fair trial and is facing jail for political and racial
reasons.
Numerous
civil rights organizations are backing Hunter, including the Cincinnati Chapter
of the NAACP, the Cincinnati branch of the
National Action Network, The Southern Christian Leadership Conference (SCLC), Interdenominational Ministry Alliance, the Nation of Islam, the
Church Collaborative, Concerned Citizens for Justice, and the Black United Front, which
called for the successful economic boycott in 2001. The groups formed the
Coalition for a Just Hamilton County, which is also composed of pastors, city
and state government officials and members of the community at-large. The
Democratic Party is also backing Hunter.
Cincinnati,
which was rated by MSN Money as one of the worst places for blacks to live, is
no stranger to racial disparity and social and economic disruption. In 2001,
after a rash of police killings of unarmed black men, civil rights groups
called for a boycott of the city and demanded justice for the families,
convictions for killer cops and reform in policing in Cincinnati. Since then,
the city has regressed. Major gentrification and displacement of black people
from their homes, the disrespect of black leadership, a high unemployment rate
and substantial black poverty has plagued the city. But it is the wrongful
conviction and possible jailing of Judge Tracie Hunter that has the city on
edge and demonstrators planning to spend the night on the courthouse steps
Sunday night, to await her court appearance.
The civil
rights groups insist that “Hunter was framed by the good ole boys and falsely
charged with crimes, after she discovered that the prosecutor was hiding
evidence and locking up innocent kids (mostly black boys), for crimes they
didn’t commit”. They assert that the prosecutor and his political cronies fixed
her jury and were able to convict her by putting their friends and associates
on her jury and by controlling every level of the court from the First District
Court of Appeals, where Deters” mother-in-law Sylvia Hendon was presiding
judge, and his brother Dennis was later appointed. Ohio Supreme Court Justice
Patrick DeWine, who previously sat on the First District Court of Appeals, and
ruled against Hunter on several cases, is also beholden to Prosecutor Deters. Deters’
tentacles reach to the federal court, where Judge Timothy Black, a former
Republican, recently ruled against Hunter in the US District Court.
Reverend
Damon Lynch III, says he and several other prominent pastors are also prepared
to go to jail if Hunter is incarcerated. Lynch is a beloved pastor in
Cincinnati, who leads New Prospect Baptist Church, a sizable congregation in
Cincinnati. Lynch says that “If Hunter goes to jail, you can be assured that
Cincinnati will be volatile at best”. Victoria Straughn, of Concerned Citizens
for Justice, warned Hamilton County Commissioners that “if Judge Hunter goes to
jail, we are willing to take Cincinnati right back to where it was in 2001,
when riots and a boycott brought the city economically to its knees.
Judge
Hunter’s jury consisted of an employee of WCPO TV, a station that sued Hunter
after she barred media from publishing the names and faces of accused children.
Court testimony revealed that Hunter made this decision after the KKK
threatened 12-year-old children and their families in front of North College
Hill Elementary School. An attorney from the law firm that represented WCPO was
in the jury pool, and the spouse of one of the firm’s attorneys, Sandra
Kirkham, was the jury forewoman. After the trial, it was discovered that she
had contributed $500 to State Senator Bill Seitz, the father of Hamilton County
Jury Coordinator, Brad Seitz. The best friend of the state’s key witness, Assistant
Prosecutor Katie Pridemore, was on the jury, and a man who identified himself
as a friend of Curt Kissenger (now a Municipal Court judge, previously the
Juvenile Court Administrator). The best friend of Judge John Williams, the
juvenile court judge who lost to Hunter, was also on the jury. Judge Norbert
Nadel allowed four people to sit on Hunter’s jury who said that they believed
she was guilty before the trial began.
The jury
pool was composed primarily of jurors from predominantly Republican districts
in the County, with very few in the pool from the larger city of Cincinnati,
which is highly Democratic and composed of over 51% people of color. The
composition of the jury pool and other jury improprieties, uncovered in
Hunter’s case, raises considerable suspicion that the jury was fixed and that
several judges and the prosecutor colluded to convict her of crimes that the
state’s own witnesses testified she did not commit.
Hunter’s
appeals attorney found over 51 instances where the special prosecutors engaged
in prosecutorial misconduct. She was also denied judicial immunity, which
should have protected her from having to stand trial for charges that arose out
of her administrative duties as judge. After a forensics
expert discovered that Republican officials in the juvenile court illegally destroyed
computer evidence that could have exonerated her, Special Prosecutors dropped
the nine remaining charges. It appears they framed her.
In August 2017, reporter James McNair discovered
that the Cincinnati Hamilton County Prosecutor, Joe Deters and son of Governor
Mike Dewine and Ohio Supreme Court Justice, Pat Dewine had engaged in the same
conduct for which they had falsely brought charges and convicted Judge Hunter.
State Senator Cecil Thomas referred the case to the presiding Common Pleas
Judge and the Republican dominated Ohio Supreme Court Disciplinary Committee, who
ultimately chose not to bring charges against the pair.
The denial of the right of blacks to serve
as Common Pleas judges in Ohio has been pervasive and has led to the denial of
fair trials, mistreatment, and mass incarceration of blacks, especially juveniles
who are not entitled to legal representation in Ohio’s courts. The privatized
juvenile justice system receives about $220,000 per year per child to incarcerate
a juvenile. Over 92% of the incarcerated children were black during the time
Hunter served, 97% of them were black boys. Having a fair system would
significantly reduce the profit margins of privatized juvenile detention
centers.
The community is standing with the first black and
democratic judge who is schedule to go to jail on Monday morning
Cincinnati, OH – June 20,
2019 – Last week,
thousands of Cincinnatians took to the streets for a protest march, a chain of
justice and a protest demonstration in front of the prosecutor’s office in support
of Judge Tracie Marie Hunter. Hunter is the first
African-American and the first Democrat to become a judge in the Hamilton
County juvenile court’s 110-year history.
Hunter won her seat after a heated 18-month court battle and numerous
appeals by the county board of elections, which refused to count more than 800
votes from majority Democrat and black precincts. When Hunter learned that the votes were
disqualified after poll workers sent voters to the wrong precinct, she filed a
lawsuit to have those votes counted. The federal court ruled in her favor and
compelled the board of elections to count the votes. Hunter’s political adversaries
were unhappy with her election; filing an unprecedented 30 lawsuits against Judge
Hunter in retaliation after she had served less than 9 months on the bench.
Prosecutor Joe Deters, who had fought Hunter
in the Board of Elections case, insisted that his office represent her in the
30 lawsuits filed by his cronies, and he allowed the lawsuits to go to default
judgements. After Hunter filed ethics charges with the Ohio Supreme Court
against Deters for suing and representing her at the same time, Deters
discontinued his representation and hired two attorneys to represent her that
were unfamiliar with juvenile law and juvenile court proceedings. They
continued the practice of not filing answers to the cases.
In retaliation, Deters subsequently alleged
that Hunter had committed 10 felonies, and he recommended his personal criminal
defense and divorce attorneys to prosecute her, giving them a million dollar no
bid contract. These charges were a successful ploy by Deters to keep Hunter off
the bench for the majority of her six-year term, so that John Williams a former
Republican prosecutor and past Director of the Hamilton County Board of
Elections, who had lost the election to Hunter, could unilaterally control the
Juvenile Court. Deters claims that he had nothing to do with her prosecution,
but used his personal county budget and asset forfeiture funds to pay for the
court case, when he could have secured attorneys free of charge through the
Ohio Attorney General.
Judge Hunter, who is the pastor of The
Western Hills Brethren in Christ Church in Cincinnati, and is the sole
caregiver for her aging mother has been sentenced to a six-month jail sentence
and is expected to
appear in court and be taken into custody on Monday, July 22, for what
community leaders and civil rights groups are calling trumped up charges and a
false conviction designed to remove her from the bench. Hunter has exhausted
all of her appeals. On May 29th,
federal court Judge Timothy Black lifted the stay and upheld
the five-year-old conviction against Hunter for securing a public
contract, despite the fact that there was no evidence to convict her of the
charge. Judge Black, who is a Hamilton County resident and still politically
connected to the Republican establishment in Cincinnati, ignored the fact that
the trial court judge refused to poll the jury, in violation of the law. The
only three black jurors on Hunters trial said that guilty was not their
verdict, and in signed affidavits they said that if Judge Norbert Nadel had
polled them they would have said so
Last week,
Hunter’s supporters also addressed members of Cincinnati City Council and the Hamilton
County Commissioners, to express their outrage over the nullification of
120,000 votes and more than $3,000,000 of tax payers money that has been spent
in the 10-year court battle to keep Hunter off the bench. High ranking
government officials have warned that Cincinnati may erupt in violence on
Monday, given the circumstances surrounding why she may go to jail.
Several
civil rights organizations are backing Hunter, including the Cincinnati Chapter
of the NAACP,
the Cincinnati branch of the National Action Network, The Southern
Christian Leadership Conference (SCLC), Interdenominational
Ministry Alliance, the
Nation of Islam, the Church Collaborative,
Concerned Citizens for
Justice, and the Black
United Front, which called for the successful economic boycott in 2001. The groups
formed the Coalition for a Just Hamilton County, which is also composed of
pastors, city and state government officials and members of the community
at-large. The Democratic Party is also backing Hunter.
Cincinnati,
which was rated by MSN Money as one of the worst places for blacks to live, is
no stranger to racial disparity and social and economic disruption. In 2001
after a rash of police killings of unarmed black men, civil rights groups
called for a boycott of the city demanding justice for the families,
convictions for killer cops and structural change in policing in Cincinnati. Since
then the city has regressed. Major gentrification and displacement of black
people from their homes, the disrespect of black leadership, a high
unemployment rate and substantial black poverty has plagued the city. But it
is the wrongful conviction and possible jailing of Judge Tracie Hunter that has
the city on edge and demonstrators planning to spend the night on the courthouse
steps this Sunday night, awaiting her court appearance.
The civil
rights groups insist that “Hunter was framed by the good ole boys and falsely
charged with crimes, after she discovered that the prosecutor was hiding
evidence and locking up innocent kids (mostly black boys), for crimes they
didn’t commit”. They assert that the prosecutor and his political cronies fixed
her jury and were able to convict her by putting their friends and associates
on her jury and by controlling every level of the court from the First District
Court of Appeals, where his mother-in-law was presiding judge, and his brother was
later appointed to the Ohio Supreme Court, where Patrick Dewine, who previously
also sat on the First District Court of Appeals, and ruled against Hunter on
several cases is also beholden to Prosecutor Deters. Deters tentacles reach all
the way to the federal court where Judge Timothy Black, a formal Republican
recently ruled against Hunter at the federal court level. Now they plan to put
her in jail, a few days before the Jazz Festival, the city’s largest black festival.
Reverend Damon Lynch III said, “If that happens, you can be assured that
Cincinnati will be volatile at best”. If Hunter goes to jail, Lynch says he and
several other pastors are also prepared to go to jail. Lynch is a beloved
pastor in Cincinnati, who leads a sizable congregation in Cincinnati.
In the
criminal trial, Judge Hunter faced a jury composed of friends, neighbors,
attorneys, and wives of her political foes. One juror worked for WCPO TV, a
station that sued Hunter after she barred media from publishing the names and
faces of accused children. Court testimony revealed that Hunter made this
decision after the KKK threatened 12 year old children and their families in front
of North College Hill Elementary School.
An attorney from the law firm that represented WCPO was in the jury
pool, and the spouse of one of the firm’s attorneys, Sandra Kirkham, became the
jury forewoman. After the trial it was discovered that she had contributed $500
to State Senator Bill Seitz, the father of Hamilton County Jury Coordinator,
Brad Seitz. The best friend of Assistant Prosecutor Katie Pridemore, the key
witness in the case, was on the jury, and a man who described himself as the best
friend of Curt Kissenger (now a Municipal Court judge, previously the Juvenile
Court Administrator). The best friend of Judge John Williams, the juvenile
court judge who lost to Hunter, was also on the jury.
The jury
pool was also composed primarily of jurors from predominantly Republican
districts in the County, with very few in the pool from the larger city of
Cincinnati, which is highly Democratic and composed of over 51% people of
color. The composition of the jury pool and other jury improprieties, uncovered
in Hunter’s case, raises considerable suspicion that the jury was fixed and
that several judges and the prosecutor colluded to convict her of crimes she
did not commit.
Hunter’s
appeals attorney found over 51 instances where the special prosecutors violated
her right to a fair trial. She was also denied judicial immunity, which should
have protected her from having to stand trial for charges that arose out of her
administrative duties as judge.
While the Special Prosecutors sought to try
Hunter on a 10th charge, that grew out of the same fact pattern, and
retry her on 8 of the charges that resulted in a mistrial, her attorneys
discovered that Republican officials in the juvenile court illegally. destroyed
computer evidence that could have exonerated her. After this discovery, the
Special Prosecutors dropped the nine remaining charges.
In August 2017, reporter James McNair broke
a story showing that the Cincinnati Hamilton County Prosecutor, Joe Deters and son
of Governor Mike Dewine and Ohio Supreme Court Justice, Pat Dewine had engaged
in the same conduct for which they had falsely brought charges and convicted
Judge Hunter. State Senator, Cecil Thomas referred the case to the Republican
dominated Ohio Supreme Court Disciplinary Committee, which ultimately chose not
to bring charges against the pair.
The Prosecutor’s Office and several
Republican judges have participated in the political takedown of Judge Hunter. The
denial of the right of blacks to serve as Common Pleas judges in Ohio has been
pervasive and has led to the denial of fair trials, mistreatment, and mass
incarceration of blacks, especially juveniles who are not entitled to legal
representation in Ohio’s courts. The privatized juvenile justice system
receives about $220,000 per year per child to incarcerate a juvenile. Over 92%
of the incarcerated children were black during the time Hunter served, 97% of
them were black boys. Having a fair system would significantly reduce the
profit margins of privatized prison entities.
In
support of the exoneration of honorable Judge Tracie Hunter
Join us as we create a Chain of Justice on Reading Road
from MLK Avenue in Avondale to Summit Road in Bond Hill on SUNDAY, July
14th, from 2pm-4pm. The Call
to Action -Townhall on Saturday June 22nd, was a success after hundreds
came out to support the honorable Judge Tracie Hunter to learn ways they could
help as she continues this ten-year fight for her innocence and freedom. The
Coalition of a Just Hamilton County which consist of many organizations: Interdenominational Ministry Alliance,
Cincinnati NAACP, National Action Network, The Black United Front, SCLC, Nation
of Islam, The Church Collaborative, Concerned Citizens for Justice, Community
Church of Cincinnati, New Vision Missionary Baptist Church, In God’s Hands
Christian Youth Center and the Western Hills Brethren in Christ Church.
Citizens of all ages and background gather on a beautiful
Saturday afternoon and strategized on ways to grab national attention to the
incredible miscarriage of justice that has our first elected African American
Female Democrat Juvenile Court Judge removed from her seat and forced into
unjust imprisonment.
SUPPRESSING YOUR VOTE
After the Board of
Elections discarded thousands of votes in the 2010 election, Judge Hunter
fought in federal court for those votes to be counted. Hunter proved that
many Black Voters’ provisional ballots were thrown out, due to
poll-worker error. The election lawsuit lasted nearly two years, but the
court
ruled in Hunter’s favor,
ordered provisional votes to be counted
and solidified Hunter as the first African-American
and first Democrat Juvenile Court Judge in the history of Hamilton County.
UNPRECEDENTED
RETALIATION
They could not beat Hunter
at the ballot box, so they tried to beat her down on the bench. Close to 30
improper lawsuits were
filed against Judge Hunter. When the prosecutor’s office insisted on representing Hunter,
despite a conflict of interest, and intentionally lost those cases, by
failing to answer them, Hunter filed an ethics complaint against the
Prosecutor’s office. Prosecutor Deters retaliated with 10 trumped up
felony charges, bypassing Hunter’s judicial
immunity. Nine charges were dismissed after a forensic expert proved her accusers destroyed the computer hard
drive and sold it.
DISREGARD OF THE LAW AND
FAIRNESS
Judge Nadel refused to
poll the jury, per ORC 2945.77.
When the jurors agree upon their verdict, they must
be conducted into court by the officer having them in charge. Before
the verdict is accepted, the jury may be polled at the request of either the prosecuting attorney or the defendant. If
one of the jurors, upon being polled, declares that
said verdict is not his verdict, the jury must
further
deliberate upon the
case.
GUI LTY WAS NOT MY
VERDICT
After Judge Nadel refused
poll the jurors publicly, three African-American jurors signed sworn affidavits
stating, “guilty
was not their verdict.” Despite this revelation, Judge Nadel
refused to declare a mistrial or grant a new trial. Not only was Judge Nadel
unfair, but he went out of his way to deny
justice to Judge Hunter.
KANGAROO COURT
Judge Hunter was denied
judicial immunity. The Judge currently presiding over her case, (Patrick
Dinkelacker), ran over and killed a black woman, but was never
charged with her death and is still a Judge. The Prosecutor that
had Hunter indicted was caught securing a public contract for
Ohio Supreme Court Justice
Pat Dewine’s sons, which is a violation of ORC 2921.42, but neither were
charged with crimes. The JUST-US System.
THE 10 YEAR F IGHT FOR
JUSTICE
The ongoing fight for
freedom and total exoneration has lasted nearly 10 years. Although Judge
Hunter remains strong in her faith, she may be forced to pay the
ultimate cost of jail to defend the TRUTH. We ask our community to
unite and stand for someone who sacrificed everything to stand for us.
HOW YOU CAN HELP
Sign the online petition on Change.org (Dismiss
the Charge Against Honorable Judge Tracie Hunter)
Join 100 men and 100 women as they stand in
solidarity with Judge Hunter at the Courthouse (downtown) July 22, @8am
Bring friends and family to join the Chain of
Justice on Reading Road from MLK Avenue in Avondale to Summit Road in Bond
Hill.
Go to the Cincinnati NAACP to sign the
Prosecutor Term Limit Petition
Commit to the ongoing fight for Justice at the
Juvenile Court in Hamilton County
Hundreds turned out at a Call-to-Action meeting in support of Judge Tracie Hunter
Cincinnati, OH – June 25,
2019 – Hundreds turned out at a Call-to-Action meeting in support of Judge
Tracie Hunter on Saturday, June 2. Several Civil Rights organizations organized
the event after Former Republican federal court judge, Timothy Black upheld a
five-year-old conviction of Judge Tracie Hunter. Black lifted the stay and ruled against Judge Hunter
on May 29, 2019, on a conviction for securing a public contract, despite the
fact that there was no evidence to convict her of the charge, and the only
three black jurors on the case said that guilty was not their verdict. Judge
Hunter who is the pastor of a church in Cincinnati, and is the sole caregiver
for her aging mother has been sentenced to a six-month jail sentence. She is
scheduled to report for execution of sentencing on July 22.
The Coalition for a Just Hamilton County, composed of members
from Interdenominational Ministry Alliance, the Cincinnati Chapter of the NAACP,
Cincinnati National Action Network, The Black United Front,
SCLC, the Nation of Islam,
The Church Collaborative, Concerned Citizens for Justice,
Community Church of Cincinnati, and
numerous other churches and organizations planned the Call-to-Action event to
provide the community with an opportunity to share their ideas and express
their concerns. After hearing from Judge Hunter, Senator Thomas, and the
leadership of the civil rights organizations, strategy teams were formed to
discuss ideas for ensuring justice f. or
Judge Hunter and the children, whose constitutional rights she was fighting
for.
Hunter is the first African-American and first Democrat to become
Juvenile Court Judge in Hamilton County’s 110-year history. She won her seat after a heated 18 month court
battle and numerous appeals by the Hamilton County Board of Elections, which
refused to count more than 800 votes from majority Democrat and black
precincts. When Hunter learned that the
votes were disqualified after poll workers sent voters to the wrong precinct,
she filed a lawsuit to have those votes counted. The federal court ruled in her
favor and compelled the Board of Elections to count the votes.
An unprecedented 30 lawsuits were filed against her by her Republican
adversaries in retaliation in less than 9 months on the bench. Prosecutor Joe
Deters, who had fought Hunter in the Board of Elections lawsuit, accused her of
crimes after she filed ethics charges against him with the Ohio Supreme Court. Deters
subsequently alleged that Hunter had committed 10 felony charges, and he
recommended his personal criminal defense and divorce attorneys to prosecute
Hunter, giving them a million dollar no bid contract. These charges were a
successful ploy by Deters to keep Hunter off the bench for the majority of her
six-year term, so that John Williams, a former Republican prosecutor and past Director
of the Hamilton County Board of Elections, could unilaterally control the
Juvenile Court.
In the criminal trial, Judge Hunter faced a jury composed of friends,
neighbors, attorneys, and wives of her political foes. The composition of the jury pool and other
jury improprieties uncovered in Hunter’s case raise considerable suspicion. Hunter’s
appeals attorney found over 51 instances where the special prosecutors violated
her right to a fair trial. She was also denied judicial immunity, which should
have protected her from having to stand trial for charges that arose out of her
administrative duties as judge.
The judge in the case refused a motion for a retrial after he refused to
poll the jury, in clear violation of the law and at the request of Hunter’s
Attorney. At the close of trial, three
jurors came forward and said that their true verdict was not guilty, and if Judge
Norbert Nadel had polled the jury, they would have said so. Hunter was convicted on one of the 10 charges.
She lost her appeal to the court where Prosecutor Deters’ Mother-in-law, Sylvia
Hendon served as presiding judge.
While the Special Prosecutors sought to again to retry the charges
pursuant the mistrial, Judge Hunter’s attorneys discovered that Republican
officials in the juvenile court destroyed computer evidence that could have
exonerated her. After this discovery, the Special Prosecutors dropped the nine
remaining charges.
In August 2017, reporter James McNair broke a story showing that the
Cincinnati Hamilton County Prosecutor, Joe Deters and son of Governor Mike
Dewine and Ohio Supreme Court Justice, Pat Dewine had engaged in the same
conduct for which they had falsely brought charges and convicted Judge Hunter.
State Senator, Cecil Thomas referred the case to the Republican dominated Ohio
Supreme Court Disciplinary Committee, which ultimately chose not to bring
charges against the pair.
The Prosecutor’s Office and several Republican judges have participated
in the political takedown of Judge Hunter. The denial of the right of blacks to
serve as Common Pleas judges in Ohio has been pervasive and has led to the
denial of fair trials, mistreatment, and mass incarceration of blacks,
especially juveniles who are not entitled to legal representation in Ohio’s
courts. The privatized juvenile justice system receives about $220,000 per year
per child to incarcerate a juvenile. Over 92% of the incarcerated children were
black during the time Hunter served. Having a fair system would significantly
reduce the profit margins of privatized prison entities.
Republican Judge
plans to send a pastor and the first black and Democratic juvenile court judge
to jail
Cincinnati, OH – June 7, 2019 –Former Republican federal court
judge upheld a five-year-old conviction of Judge Tracie Hunter. On May 29, 2019, Judge Timothy Black upheld the one
conviction against Judge Hunter, despite the fact that there was no evidence to
convict her of the charge, and three of the jurors on the case said that guilty
was not their verdict. Hunter was charged with securing a public contract. No
evidence was ever presented in the case to substantiate that claim. Initially,
Special Prosecutors alleged that she had secured work hours for her brother,
but after evidence was presented in court that her brother had been working for
the court for seven years before she arrived on the bench, and she had no
involvement in securing his hours, the Prosecutors changed the narrative and
alleged that she tried to help him keep his job. She was inevitably convicted
for something she was never actually charged with. Judge Hunter who is the pastor of a church in
Cincinnati, and is the sole caregiver for her aging mother has been sentenced
to a six-month jail sentence. She is scheduled to report for execution of
sentencing any day now at the discretion of the trial court judge.
Hunter is the
first African-American and first Democrat to become Juvenile Court Judge in Hamilton
County’s 110-year history. Hunter won
her seat after a heated court battle and numerous appeals by the Hamilton
County Board of Elections, which refused to count more than 800 votes from
majority Democrat and black precincts in Cincinnati, OH. Prosecutor Joe Deters represented the Board
of Elections against Judge Hunter in the voter disenfranchisement lawsuit. When Hunter learned that the votes were
disqualified after poll workers sent voters to the wrong precinct, she filed a
lawsuit to have those votes counted. The federal court ruled in her favor and
compelled the Board of Elections to count the votes. After the votes were
counted, the election was overturned in Hunter’s favor. She finally took the
bench after an 18-month court battle. Nearly 120,000 voters elected Hunter to
the bench.
Within
five months of Hunter’s swearing in, Republican county officials in the
Prosecutor’s office, Commissioner’s office, Public Defenders office, the
Cincinnati Enquirer, and WCPO TV began filing random and frivolous lawsuits
against Hunter. An unprecedented 30
lawsuits were filed against her in less than 9 months on the bench. The
Prosecutor, who had fought Hunter in the Board of Elections lawsuit accused
Hunter of crimes, after Republican attorneys failed to file responses and
allowed the 30 lawsuits to go to default judgments. Immediately after Hunter
filed ethics charges against him with the Ohio Supreme Court surrounding
ethical violations on the part of the prosecutors office on juvenile cases in
her court, Republican Prosecutor Joe Deters retaliated and subsequently alleged
that Hunter had committed 10 felony charges, and he recommended his personal criminal
defense and divorce attorneys, Merlyn Shiverdecker and Scott Croswell, III as
Special Prosecutors to prosecute Hunter giving them a million dollar no bid
contract, after Judge Hunter had only served as a juvenile court judge for 18
months. Croswell’s law firm represented Prosecutor Deters in his personal
divorce case. These charges were a successful ploy by Deters to keep Hunter off
the bench for the majority of her six-year term, so that John Williams, a
former Republican prosecutor and past Director of the Hamilton County Board of
Elections, could unilaterally control the Juvenile Court.
In the
criminal trial, Judge Hunter faced a jury composed of friends, neighbors,
attorneys, and wives of her political foes.
One juror worked for WCPO TV, the station that sued Hunter after she
barred media from publishing the names and faces of accused children in one of
the cases that was before her. Court testimony revealed that Hunter made this
decision after the KKK threatened the 12-year-old children and their families
in front of North College Hill Elementary School. An attorney from the law firm that
represented WCPO in the suit they filed against Hunter was in the jury pool,
and the spouse of one of the firm’s attorneys became the jury foreperson. An
employee of the television station that sued Judge Hunter was also on her jury.
WCPO’s case was still
pending in court at the time the attorney and the employee was put on her jury.
The
composition of the jury pool and other jury improprieties uncovered in Hunter’s
case raise considerable suspicion. The
jury pool was composed primarily of jurors connected to Republican judges and
the Prosecutor’s office and from predominantly white Republican districts in
the County, with very few in the pool from the larger city of Cincinnati, which
is highly Democratic and composed of over 51% people of color.
The jury pool included a White male
employee from the treasurer’s office, who lied during the jury selection
process
and said that Judge Hunter hugged one of
the Black jurors in the courtroom. When the juror and Judge Hunter’s
attorney requested to see court video, the
judge decided to dismiss the black juror. The mother of one of the police
officers from the community where the KKK threatened the children found herself
on the jury, along with the best friend of Assistant Prosecutor Katie
Pridemore, who was a key witness in the case. The jury also consisted of the
neighbor of peer judge Republican Heather Russell; the best friends of Judge
John Williams, who lost the election to Judge Hunter; and the best friend of now
Judge Curt Kissinger, the former Court Administrator who refused to work for
Judge Hunter while she was on the bench. Four other jurors said they believed
she was guilty before the start of the trial, but presiding judge in the case, Norbert
Nadel refused to remove them from the jury.
The egregiousness of Judge Hunter’s trial
didn’t stop with the fixed jury in her case. During trial, evidence was
presented that one of Judge Hunter’s
judicial rulings was illegally changed in the system and documents were
backdated by Lisa Miller, one of the case managers at the command of her boss,
Republican and now judge, Connie Murdock. Judge Hunter was denied evidence in
the possession of Juvenile Court, in violation of the Brady Rule and Hunter’s
appeals attorney found over 51 instances where the special prosecutors violated
her right to a fair trial. She was also denied judicial immunity, which should
have protected her from ever having to stand trial for any of these charges.
The judge
in the case, Judge Norbert Nadel refused a motion for a retrial after he
refused to poll the jury, in clear violation of the law and at the request of Hunter’s
Attorney. At the close of trial, that
same day, two jurors came forward and said that their true verdict was not
guilty, and if Nadel had polled the jury, they would have said so. A third juror came forward two weeks later
and admitted the same, adding that she was strongly pressured by the jury
forewoman to convict Hunter, despite finding her innocent. Hunter was convicted
on one of the 10 charges, which was appealed to the court where Prosecutor
Deters’ Mother-in-law, Sylvia Hendon served as presiding judge. Judge Hendon simultaneously
presided over Hunter’s cases as a visiting Judge in Juvenile Court, which
taxpayer’s found to be a gross abuse of power and a conflict of interest.
While the
Special Prosecutors sought to again bring the nine charges pursuant the
mistrial, Judge Hunter’s attorneys discovered that Republican officials in the
juvenile court destroyed computer
evidence that could have exonerated Hunter. When Judge Hunter’s attorney’s
brought this to the attention of the court, the Special Prosecutors dropped the
nine remaining charges. The juvenile court destroyed the hard-drives on Judge
Hunter’s computer as well as the Case Manager’s computer, who admitted to illegally
backdating the documents in her case. Had those hard-drives been produced, it
would have proven Hunter’s innocence in all of the charges that had been brought
against her.
In August 2017, reporter
James McNair broke a story with the headline, “For
Prosecutor’s Office internships, political and family ties get you in the door”. His article contained an email showing that the
Cincinnati Hamilton County Prosecutor, Joe Deters and son of Governor Mike
Dewine and Ohio Supreme Court Justice, Pat Dewine had engaged in the same
conduct for which they had falsely brought charges and convicted Judge Hunter. At
the request of Justice Dewine, Deters hired Dewine’s two sons. State Senator,
Cecil Thomas referred the case to the Republican dominated Ohio Supreme Court
Disciplinary Committee, which ultimately chose not to bring charges against the
pair.
Republican Judge, Patrick Dinkelacker,
who killed Pamela Barnett a 60-year-old black grandmother, after swerving and crossing the double yellow
centerline in December 2013, will execute Hunter’s sentence. He was never
charged in the vehicular homicide, however the family brought a civil suit
against him. It was never reported whether he was given a sobriety test.
Despite the doctrine of impartiality, Dinkelacker weighed in on the federal
courts proceedings against Judge Hunter. More importantly, Judge Dinkelacker,
who formerly served on the court of appeals had ruled on many of Hunter’s
juvenile court cases, and those cases were used as evidence against her at
trial. Based on his clear conflict of interest, the rules of ethics required
that he recuse himself from presiding over her trial. Multiple Ohio Supreme
Court cases also dictated that a judge should not be allowed to preside over a
peer judges case in the same county. Dinkelacker chose to remain on her case.
The
Prosecutor’s Office and several Republican judges have participated in the political
takedown of Judge Hunter. The denial of the right of blacks to serve as Common
Pleas judges in Ohio has been pervasive and has led to the denial of fair
trials, mistreatment, and mass incarceration for blacks, especially for black juveniles
who are not entitled to legal representation in Ohio’s courts. The privatized
juvenile justice system receives about $220,000 per year per child to incarcerate
a juvenile. Over 92% of the incarcerated children were black during the time
Hunter served. Having a fair system would significantly reduce the profit
margins of privatized prison entities.
The Coalition for a Just
Hamilton County, over twenty pastors from across the city of Cincinnati, and
several community leaders hosted a prayer vigil on Thursday, May 30, 2019 for
Judge Tracie Hunter. Clergy took turns praying for various aspects of the case,
and surrounded Hunter in a show of strength and solidarity, offering prayer and
promises to continue to stand with her in the days to come. Coalition members
expressed that Hunter was subjected to a system, which has no checks or
balances, subject only to the power of the dominant political authority, her
accusers and political adversaries. They noted that charging her criminally
effectively nullifie8d the votes of the nearly 120,000 voters that put her in
office.
According to attorneys Lou
Sirkin and Jennifer Branch’s arguments during court hearings in January 2016,
Hunter was entitled to judicial immunity based on the nature of the claims
against her, which stemmed from her rulings and administrative duties carried
out in the course of her role as judge. Similarly, it would seem that Equal
Protection statutes should have protected Hunter from being subjected to criminal
charges and afforded her the same protections as Deters and Dewine. Legal experts across the country agreed.
Pastor Damon Lynch III gave an
impassioned speech stating that, “It is our hope that the charges will be
dropped against this innocent pastor and judge, but as members of the clergy, I
feel it is our duty to commit that if she goes to jail that she doesn’t go
alone…every clergy member in this city and members of our congregations should
be prepared to go with her.”
Community
Leaders and Clergy Hosts a Prayer Vigil for Judge Tracie Hunter
Cincinnati,
OH- May 31, 2019— Over twenty pastors
from across the city of Cincinnati, and several community leaders hosted a
prayer vigil on Thursday, May 30, 2019 for Judge Tracie Hunter. The prayer
vigil was planned the evening before, after US District Court Judge Timothy
Black signed an order upholding the trial courts guilty verdict and lifting the
stay of execution of sentencing for her five-year-old conviction. During the
prayer vigil, Hunter got news that Black also denied a motion to reinstitute
the stay pending her attorneys intent to appeal his decision.
Hunter’s case was before Judge
Black on a petition for a writ of habeas corpus that was filed by her attorneys,
who asserted that she was denied her fundamental US Constitutional right to a
fair trial in the Hamilton County Court of Common Pleas. Judge Black’s decision
stated that, “Generally speaking, the federal court must decide whether the
state court was wrong to conclude that Hunter received the fair trial that
every criminal defendant is entitled under the United States Constitution.”
The more pertinent question,
raised by clergy and community leader members of the Coalition for a Just
Hamilton County in their emergency meeting held late Wednesday night, was
whether or not Judge Hunter should have been treated the same as every other
criminal defendant, given her special status as a Common Pleas judge. When
sentencing Hunter to a six month jail sentence for her non-violent charge,
Judge Norbert Nadel made it clear that he was imposing a harsher sentence
because of her status as a judge.
Under the Ohio and US
Constitution, elected officials and judges are generally afforded special legal
rights that should protect them from being treated the same as every criminal
defendant. Ohio Supreme Court Justice, Pat Dewine and Prosecutor, Joe Deters
was extended such preferential treatment after City Beat reporter James McNair
broke the story on August 14, 2017, that Dewine had secured a job for his son Matt
with the Prosecutor’s office.
The article included a copy of
the April 23, 2017 email exchange between Dewine and Deters. Dewine wrote, “Joe,
Can you find a spot in your internship program for my son, Matt this summer.
I’ve attached his resume. He is a freshman at Miami. It would be a great
experience for him. If you can, I would really appreciate it.” Deters forwarded
that email to his Executive Assistant, Janet Roedel with the comment, “Another
for sure”.
According to the City Beat article,
Senator Cecil Thomas launched an independent investigation and inevitably referred
Justice Dewine and Deters to the Ohio Supreme Court Disciplinary Counsel for
sanctioning. Neither were held accountable for their actions. The statute that
governs the inappropriateness of their actions was precisely the same statute
that Hunter was charged under. Their conduct is specifically prohibited under
this statute, whereas in Judge Hunter’s case there was no evidence or testimony
that she violated any laws, or secured a public contract.
According to attorneys Lou
Sirkin and Jennifer Branch’s arguments during court hearings in January 2016,
Hunter was entitled to judicial immunity based on the nature of the claims
against her, which stemmed from her rulings and administrative duties carried
out in the course of her role as judge. Similarly, it would seem that Equal
Protection statutes should have protected Hunter from being subjected to criminal
charges and afforded her the same protections as Deters and Dewine. Legal experts across the country agreed.
Coalition members expressed
that Hunter was subjected to a system, which has no checks or balances, subject
only to the power of the dominant political authority, her accusers and political
adversaries. They noted that charging her criminally effectively nullified the
votes of the nearly 120,000 voters that put her in office.
Community members and clergy in
attendance on Wednesday evening organized and led Thursday’s prayer vigil. Clergy
took turns praying for various aspects of the case, and surrounded Hunter in a
show of strength and solidarity, offering prayer and promises to continue to
stand with her in the days to come. Pastor Damon Lynch III gave an impassioned
speech stating that, “It is our hope that the charges will be dropped against
this innocent pastor and judge, but as members of the clergy, I feel it is our
duty to commit that if she goes to jail that she doesn’t go alone…every clergy
member in this city and members of our congregations should be prepared to go
with her.”
The Justice Paradox: Abuse
of Power and Selective Prosecution
Cincinnati, OH- December 10, 2014—Ghandi once said, “The True
Measure of Any Society can be found in how it treats its most vulnerable
members”. This statement couldn’t be
truer of the U.S. during this defining moment in history…a time where citizens
across this country are mobilizing across racial and ethnic groups and across
age and political persuasions to fight injustice. Some argue that the issues we are currently
witnessing as a nation are not about race, others argue that they are clearly
about racial injustice and white privilege.
The one thing I believe we can all agree on is that we have a problem. And, as I see it…the problem is abuse of
power and selective prosecution.
The entire nation has watched in horror as
injustices directed at African-Americans have been carried out across this
nation. We have witnessed the killings
of unarmed black men and boys at the hands of the police and vigilante
citizens. We have also witnessed police
beatings of black women from college professors on their way home from work to
homeless women crossing busy roads. We
have literally watched America become a war zone, reflective of the 1960’s racial
unrest and Civil Rights Movement.
The arguments advanced by Prosecutors and Grand
Juries in the police killings of two African American’s, 43 year old Eric
Garner and 18 year old Michael Brown, was that they were doing something wrong
and thereby subsequently contributed to their own deaths. Eric Garner, a father
of six children, who was choked to death by police officers in Staten Island,
New York in July of this year, was accused of selling single cigarettes from
packs without tax stamps. Michael Brown, a college bound student who was shot
by police officers in Ferguson, Missouri was later accused of stealing
cigarillos. Neither stealing nor selling
cigarettes/ cigars carries the death penalty in the U.S., but both men were
mercilessly executed. Incidentally, the
officer in the Brown case was not even aware that any crime had occurred when
he executed the teen. In both cases
grand juries have made the decision not to indict the police officers that were
responsible for the killings.
The best examples of abuse of power and the racial
implications can be found in Ohio, where two black males were gunned down by
police officers for carrying toy guns in an open carry state. One victim was Tamir Rice, a 12-year-old
black child in Cleveland, Ohio, who was gunned down on November 22, 2014, while
playing with a toy gun on a playground; the other was John Crawford, a young
black male resident of Cincinnati, Ohio who was executed in a Walmart store in
Beavercreek, Ohio. Crawford was also carrying
a toy gun, presumably with the intent to purchase it for his child. Crawford was shot in cold blood, while still
shopping in the department store. Both
incidents were caught on tape and in plain view for the world to see the
killings of these innocent black males.
Yet, in the Crawford case the Grand Jury made the decision not to bring
charges against the officer who shot him.
The case of the 12-year old is still pending investigation.
The most blatantly abusive of all of the recent
cases is the case of Judge Tracie Marie Hunter, the first black and the first
Democrat Judge, in Juvenile Court in Cincinnati, Ohio, who was recently
publicly lynched in court and in the media, at the hands of the same rogue
Prosecutors who chose not to prosecute John Crawford’s killer. This lynching has been almost completely
ignored by the national media, but the commonality between all of the
aforementioned police shootings and the lynching of Judge Hunter is the abuse
of prosecutorial power and selective prosecution.
Unlike the incidents of police killings, Judge
Hunter’s life has been spared. However, her character has been assassinated,
her good name has been ruined, and her career has been slaughtered! Hunter awaits the December 29th
date that she is to surrender her freedom for an incarceration sentence of
six-months, 1-year of probation, and fines and court costs for trumped up
charges and crimes she clearly did not commit!
Prior to Judge Hunter being brought up on 9 frivolous criminal
charges. Joe Deters, the Hamilton County prosecutor, and his Republican political
cronies began a series of politically motivated attacks on Judge Hunter. These
attacks began with the filing of an unprecedented 30 frivolous lawsuits
commencing upon her taking her seat as Hamilton County Juvenile Court Judge. During
Hunter’s trial, witnesses testified that the Attorney’s were instructed to files lawsuits against
Hunter and that the Ohio Supreme Court told the Prosecutor’s office “to keep an eye on her”. These attacks were so pervasive
that Judge Hunter found herself spending countless hours working late evenings
to defend herself against countless frivolous lawsuits. When she filed ethics charges against Deters,
stating that, “Acting in his role as Hamilton County Prosecutor, he was “suing” her and “representing” her at the same time”. This demonstrated a clear
conflict of interest, and Deters was required by The Ohio Supreme Court to
recuse himself.
Deters’ personal divorce attorneys, Croswell and Shriverdecker, were then
appointed to prosecute Judge Hunter in the criminal proceedings. These “Prosecutor” appointees subsequently refused to deliver any “discovery” documents that were requested by Hunter during her trial, despite
the fact that she was legally entitled to the documents for her defense. Presiding
and retiring Judge Norbert Nadel, and both Special Prosecutors were
contributors to Deters political campaign for Prosecutor and have essentially
operated as his proxies in this case. On two occasions before and during the
trial, Judge Hunter was denied the right to have the trial moved to a different
venue where she could get a fair trial. Judge
Nadel also refused to recuse himself, despite the fact that Nadel is Hunter’s judicial peer and the law precludes him from
legally presiding over her trial.
These charges were maliciously and vindictively
brought against Judge Hunter by Prosecutor Joe Deters, in an attempt to nullify
the votes of over 120,000 constituents and remove her from the bench. Hunter
was accused of over nine crimes and only one stuck, and to get that one to
stick, she was subjected to a biased and secretive grand jury process and a
non-randomly selected jury, made up of friends, neighbors, spouses and legal
representatives of her political foes.
Several jurors admitted at the start of the trial stated that they “couldn’t be fair and impartial”, however they were not removed from the jury. Hunter was also
denied a jury of her peers as 6 black jurors in a row were dismissed. Judge
Nadel dismissed many of them for cause, who appeared to be helping the Special
Prosecutors in an effort to dismiss jurors for no arguable reason, other than
the fact that they were black.
Nadel also refused to poll the jurors at the request
of Hunter’s Attorney, after the verdict was read. Three jurors came forward and signed affidavits
to say that the “guilty verdict” was not their true and accurate verdict. One of the jurors signed
an affidavit saying that she was pressured to vote guilty by the jury forewoman
Kirkham. Judge Hunter’s motion’s for a new trial based on failure to poll the jury in open court
and based on juror misconduct were both denied.
The community watched in horror as Judge Hunter suffered at the hands of
a tainted jury and a corrupt presiding Judge, who caused Judge Hunter to be
denied numerous constitutional rights, as well as her rights to a fair trial
and due process.
Prosecutor Joseph Deters’ mother-in-law, Judge Sylvia Hendon, and other political foes are
Judges in the First District Court of Appeals of Hamilton County, and there has
been a clear political bias against Judge Hunter at the Appellate Court and the
Ohio Supreme Court, as evidenced by their mishandling of her formal complaints
and denial of requests for legal assistance. Prosecutor Joseph T. Deters and his
cronies have openly and pompously demonstrated how the grand jury, the jury
selection process, and the media can be used to nullify the votes of over 120,000
citizens who elected Hunter and placed her in office.
Perhaps all of us need to be questioning just how
it is that a woman who was PROTECTING 30,000 of the most vulnerable children
and families in our society, can be found guilty of crimes and given a jail
sentence, fines, and court costs, while cops who are guilty of KILLING children
and gunning down the innocent, can go free and not so much as even be charged
for their crimes? There is clearly a
contradiction with our system of justice!
It appears that Hunter has become a victim of the political and racial
crossfire in the American Injustice System.
While U.S. police forces, judicial authorities, and
Prosecutor’s across the country have effectively waged war on domestic citizens
and have imprisoned more black men today than were enslaved in 1850, it was
announced December 5th that The Chinese have just won the economic
war, surpassing the U.S. output by .2 trillion dollars. In the words of Dr. Martin Luther King, Jr.,
“In a real sense (in this case, real GDP) all life is inter-related. All men are caught in an inescapable network
of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all
indirectly”. United we stand! Divided we
fall! We have the opportunity in this
defining moment to rewrite history and to redefine the America we want to
be. Now is when we get to choose to
either be a nation of lawless rogues on our way to third world status, or to be
a nation that lives out the true meaning of our creed, that “All men (and
women) are created equal” and are entitled to equal protection under the law! If we are going to prosper as a nation, mass
incarceration cannot be our largest industry.
###
(1688 words, incl. title)
Vanessa Enoch, Ph.D. student, Union Institute &
University