1. That's what is being reported but that is not accurate. It amounts to a cover story, in my opinion.
2. Tapes were not presented to the grand jury. State investigators did not learn of the existence of the tapes until post-indictment.
3. I stand by my belief that the Oakhill prosecution was politically motivated and pursued mainly by the people mentioned. While trials do have a way of flushing out the truth, mistakes can happen and innocent people can be convicted (just as the guilty can walk free). But, remember this most important legal principle, the state has an ethical obligation not to pursue cases for inappropriate reasons and should err in favor of the rights of the defendant.
P.S.
If you look at the Ohio Supreme Court docket from when Gains was sued by another attorney in the Oakhill case, two things will jump out at you. First, Gains was ordered to turn over records (calendars for his employees) that he previously withheld. Second, Gains' office worked harder than it ever had to quash the deposition of Diane Stokes, a paralegal to Linette Stratford, the chief of the civil division and Gains' former girlfriend. Very few people have seen that transcript but it must have been incredibly damning to Gains and his crew. I have no doubt that Ms. Stokes detailed the level of involvement of Gains' office in the investigation and in bringing about the Oakhill indictment. I can say based on personal knowledge that members of Gains' staff was regularly, if not daily, involved in the Oakhill case pre-indictment and had full access to the records.
Sad thing is, Gains' buddies at Vindy gave him a pass on this just as they do now with all of his buffoonery.
1970mach1, you are generally on the mark but not on your last post. The defense is entitled to all evidence in possession of the State when dealing with state prosecutions. The State is not charged with the knowledge of information in possession of the federal government and is in no way obligated to turn it over. Finally, the State can't be sanctioned with dismissal for not turning something over that it's not obligated to turn over. So, Terripanst gets the nod on that point.
And, anyway, do you honestly believe the Feds weren't fully aware of the details of the Oakhill investigation? Heck, they may have had agents working the case and, if so, they certainly knew of the tapes. If the case was a slam dunk or as heinous as Bert, Gains, Tablack and others would have us believe, the Feds would have taken the case. It's so tainted at this point now that there's not a snowball's chance of that and no other state prosecutor will touch it.
To me, it's no coincidence that the cases were dismissed on the day that the defense was going to argue their motions to dismiss and likely Gains and his ex-girlfriend on the stand. Old Paulie would've gotten butchered. The tapes were a convenient excuse once you know the applicable law.
More to The point of Bert's article, this debacle haunts McNally because Bert can't let it die. His credibility as a writer (what little there is) hangs in the balance on this case. As does Gains'. This case was nothing more than a politically motivated prosecution driven by a prosecutor bent on destroying his political enemies and Bert and the Vindy bought right into it.
Gains got shot because he wasn't Jim Philomena and that's the only reason. He was perceived as a threat to the corrupt advancements the mob had made into county government. If the mob had known the level of Gains' incompetence, they would've saved the bullet.
Accountability? Please! He throws that word around for everyone but himself. He can't keep this act up much longer before people see him for what he really is - a bully and a blowhard. I'm surprised his act has lasted this long. After all, being mayor must interfere with his time at Tippe or the Y!
Everything his is taking credit for was started under Jay Williams. Demolition and code enforcement were projects of the previous administration, not this one. This guy spent "28 years in city government" and did NOTHING to address these issues while on council. Now, all of a sudden, he wants accountability. What a joke! This was simply his shot to fattened up his pension and he has to go through the motions long enough to accomplish that with as little grief as possible.
The funny thing is, he preaches accountability but does nothing to members of his staff who don't pay their city taxes and have to be sued. He does nothing to curb overtime abuses or address issues about misusing funds. The way you stay in Chuck's good graces is to be a "yes man," a lap dog, or someone that can do something for him. Nothing more, nothing less.
In the end, people will recognize he's the biggest loud mouth do nothing mayor this city ever had. Thank god he's not seeking a full term.
It seems Sammarone caved in to political pressure and Gains' hands are all over it.
The records BillWeaver keeps referring to only show part of the picture. I'd guess there's much more to this story but it really doesn't matter. This stuff is history.
Gains has a history of retaliating against those who oppose him politically. Wish he went after murderers as aggressively. But, his buds at this paper seem to be willing to give him a pass on that...or outright help him.
This is a true shame. I don't know Macejko or Hartup. But, Macejko has always come across as being in charge of the issues and tough on crime. He should be the county prosecutor. His firing and the firing of this assistant reeks of political payback.
The "good" mayor made a fool of himself yesterday by storming out of the press conference he called! Given that behavior, I have to believe that his decisions are mostly knee-jerk reactions. He is the one who looks the worst in this situation!
@Stan ... The answer is "no." Every four years, Gains shows up on a high profile case and acts like a prosecutor. They will do everything they can to take this case and the YSU shootings to trial early next year to show how "tough" they are on crime. The concern isn't justice for Angeline or any other victim. The only concern is to hang on to the best job he ever had and to keep his cronies in the good life.
Oakhill haunts McNally
MACH1
1. That's what is being reported but that is not accurate. It amounts to a cover story, in my opinion.
2. Tapes were not presented to the grand jury. State investigators did not learn of the existence of the tapes until post-indictment.
3. I stand by my belief that the Oakhill prosecution was politically motivated and pursued mainly by the people mentioned. While trials do have a way of flushing out the truth, mistakes can happen and innocent people can be convicted (just as the guilty can walk free). But, remember this most important legal principle, the state has an ethical obligation not to pursue cases for inappropriate reasons and should err in favor of the rights of the defendant.
P.S.
If you look at the Ohio Supreme Court docket from when Gains was sued by another attorney in the Oakhill case, two things will jump out at you. First, Gains was ordered to turn over records (calendars for his employees) that he previously withheld. Second, Gains' office worked harder than it ever had to quash the deposition of Diane Stokes, a paralegal to Linette Stratford, the chief of the civil division and Gains' former girlfriend. Very few people have seen that transcript but it must have been incredibly damning to Gains and his crew. I have no doubt that Ms. Stokes detailed the level of involvement of Gains' office in the investigation and in bringing about the Oakhill indictment. I can say based on personal knowledge that members of Gains' staff was regularly, if not daily, involved in the Oakhill case pre-indictment and had full access to the records.
Sad thing is, Gains' buddies at Vindy gave him a pass on this just as they do now with all of his buffoonery.
'Nuf said.
May 22, 2013 at 10:21 p.m. permalink suggest removal
Oakhill haunts McNally
1970mach1, you are generally on the mark but not on your last post. The defense is entitled to all evidence in possession of the State when dealing with state prosecutions. The State is not charged with the knowledge of information in possession of the federal government and is in no way obligated to turn it over. Finally, the State can't be sanctioned with dismissal for not turning something over that it's not obligated to turn over. So, Terripanst gets the nod on that point.
And, anyway, do you honestly believe the Feds weren't fully aware of the details of the Oakhill investigation? Heck, they may have had agents working the case and, if so, they certainly knew of the tapes. If the case was a slam dunk or as heinous as Bert, Gains, Tablack and others would have us believe, the Feds would have taken the case. It's so tainted at this point now that there's not a snowball's chance of that and no other state prosecutor will touch it.
To me, it's no coincidence that the cases were dismissed on the day that the defense was going to argue their motions to dismiss and likely Gains and his ex-girlfriend on the stand. Old Paulie would've gotten butchered. The tapes were a convenient excuse once you know the applicable law.
More to The point of Bert's article, this debacle haunts McNally because Bert can't let it die. His credibility as a writer (what little there is) hangs in the balance on this case. As does Gains'. This case was nothing more than a politically motivated prosecution driven by a prosecutor bent on destroying his political enemies and Bert and the Vindy bought right into it.
May 14, 2013 at 4:31 p.m. permalink suggest removal
Criminal justice: A dangerous job
Gains got shot because he wasn't Jim Philomena and that's the only reason. He was perceived as a threat to the corrupt advancements the mob had made into county government. If the mob had known the level of Gains' incompetence, they would've saved the bullet.
April 7, 2013 at 6:28 p.m. permalink suggest removal
Who was naughty, nice in ’12?
Bert, You are a hateful and vile little man. You truly contribute nothing to the betterment of this community.
December 23, 2012 at 11:28 p.m. permalink suggest removal
Accountability watchword of Sammarone’s 1st year
Accountability? Please! He throws that word around for everyone but himself. He can't keep this act up much longer before people see him for what he really is - a bully and a blowhard. I'm surprised his act has lasted this long. After all, being mayor must interfere with his time at Tippe or the Y!
Everything his is taking credit for was started under Jay Williams. Demolition and code enforcement were projects of the previous administration, not this one. This guy spent "28 years in city government" and did NOTHING to address these issues while on council. Now, all of a sudden, he wants accountability. What a joke! This was simply his shot to fattened up his pension and he has to go through the motions long enough to accomplish that with as little grief as possible.
The funny thing is, he preaches accountability but does nothing to members of his staff who don't pay their city taxes and have to be sued. He does nothing to curb overtime abuses or address issues about misusing funds. The way you stay in Chuck's good graces is to be a "yes man," a lap dog, or someone that can do something for him. Nothing more, nothing less.
In the end, people will recognize he's the biggest loud mouth do nothing mayor this city ever had. Thank god he's not seeking a full term.
July 29, 2012 at 12:32 a.m. permalink suggest removal
Assistant law director at the center of a controversial text-message investigation gets fired
Totally agree, LRG.
It seems Sammarone caved in to political pressure and Gains' hands are all over it.
The records BillWeaver keeps referring to only show part of the picture. I'd guess there's much more to this story but it really doesn't matter. This stuff is history.
Gains has a history of retaliating against those who oppose him politically. Wish he went after murderers as aggressively. But, his buds at this paper seem to be willing to give him a pass on that...or outright help him.
April 6, 2012 at 5:07 p.m. permalink suggest removal
What’s in store for Macejko?
What'd you all think of the revelation that Leo Jennings was Gains' creative director for his campaign?
Doesn't that reflect on Gains?
Why did Bert give him a pass on that!?!
April 6, 2012 at 5:01 p.m. permalink suggest removal
Assistant law director at the center of a controversial text-message investigation gets fired
This is a true shame. I don't know Macejko or Hartup. But, Macejko has always come across as being in charge of the issues and tough on crime. He should be the county prosecutor. His firing and the firing of this assistant reeks of political payback.
The "good" mayor made a fool of himself yesterday by storming out of the press conference he called! Given that behavior, I have to believe that his decisions are mostly knee-jerk reactions. He is the one who looks the worst in this situation!
April 6, 2012 at 4:54 p.m. permalink suggest removal
Attorney cleared in texts dispute
Maybe you could help them with their resumes, "johnyoung." Degrees and qualifications are important, after all.
March 28, 2012 at 5:10 p.m. permalink suggest removal
Prosecutor Paul Gains injured in motorcycle crash today
@Stan ... The answer is "no." Every four years, Gains shows up on a high profile case and acts like a prosecutor. They will do everything they can to take this case and the YSU shootings to trial early next year to show how "tough" they are on crime. The concern isn't justice for Angeline or any other victim. The only concern is to hang on to the best job he ever had and to keep his cronies in the good life.
November 12, 2011 at 6:50 p.m. permalink suggest removal