Defendants appear in corrupt activities case
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
An attorney for a defendant in an engaging in a pattern of corrupt activities case said that he wanted to "put the court on notice" that he wanted forthwith discovery of evidence and that he didn't feel his client should have to waive time, because the evidence should have been available the day of the indictment.
Highland County Common Pleas Court Judge Rocky Coss said the law says discovery has to be provided in a reasonable amount of time, and he felt that less than two weeks was not unreasonable.
Daniel O'Brien is representing Thomas Peters in the case. Peters was arrested after he was indicted Aug. 2 by a grand jury in Highland County Common Pleas Court in the alleged corrupt activities case. Highland County Sheriff Ron Ward previously told The Highland County Press that he believed Peters to be the "ringleader" of the drug enterprise.
Of the 153 counts in the indictment, 73 of them are against Peters.
Several of the defendants from that case appeared for pretrials Wednesday via video.
On Aug. 3, when the warrants from the grand jury indictments were executed, Ward said, "Law enforcement knows we have a heroin problem here in Highland County, as well as other counties in southwest Ohio. We engaged in a covert investigation in late 2010 (November), which culminated in several indictments being issues in April 2011 (against) several individuals engaging in a pattern of corrupt activity involving the distribution, trafficking and possession of heroin. Some of those cases are now wrapping up. The grand jury met (Aug. 2), and we've indicted an additional 11 individuals on 153 counts, with charges of engaging in a pattern of corrupt activity, which is a felony of the first degree."
Peters and his 10 co-defendnats are scheduled for trial Oct. 11. A final pretrial has been scheduled for Sept. 28. He is currently being held on $500,000 bond.
During the hearing Wednesday, O'Brien told Coss that he "can't believe the court would already set a trial date in a case where we're now at a pretrial and we still don't have the slightest iota of any kind of discovery," and that his client had been "cheated out of a preliminary hearing." Daniels said he "wanted to put the court on notice right now" that he objected to the trial date.
On Aug. 4 O'Brien filed in the Highland County Clerk of Courts Office a motion for discovery and a demand for discovery. On Aug. 5 he filed a motion to compel discovery and asked for a forthwith hearing on the matter. On Aug. 8 Coss denied the motion for a forthwith hearing on the motion to compel.
"Let me address things in this way, Mr. O'Brien," Coss said. "Number one, you filed a motion to compel one day after filing your request for discovery. I don't think under any, any stretch of the imagination in any lawyer's mind in the world that be considered to be reasonable time. Therefore, I dismissed your motion and I find that as a matter of cause, it's frivolous. Number two, I always set trial dates, particularly for those who are in custody during arraignment. If that trial date doesn't work you are free to request a continuance and waive time. I'm not going to wait and set a trial date, because I don't operate that way.
"The other thing is, I don't claim anything. I rule. The court rules," Coss said. "You will not suggest I am somehow arguing something with you. Because I making rulings, I don't make claims. Just so you get that straight."
Coss told Highland County Prosecutor Anneka Collins that by Friday, Aug. 19 she can give O'Brien whatever she has. He said that the court has an open-file discovery, but if there is something O'Brien doesn't receive he feels he is entitled to, "then you are free to file a motion and the court will deal with it."
The judge started to say that he would be glad to grant a continuance if time is waived, if not then the court will go to trial, but O'Brien interjected, saying, "There is one more choice ..."
"And another thing is, you don't interrupt me," Coss said. "When I'm done, I'll ask you if there's anything else. So that's the way we're going to operate."
Coss then asked O'Brien if he had anything else and the attorney said he did not understand "why my client has to waive his right to a speedy trial in order to get the discovery that he is entitled to as a matter of law. The discovery should have been available on the day that he was indicted. The court should consider, as a reasonable alternative as the reduction of the bond to some reasonable amount so we can get rid of the shackles of the 90-day rule."
Coss said that he had made his ruling, and that it would stand.
Also in court Wednesday, pretrial hearings were held for some of the co-defendants of Peters: Donna Gilliam, Roderick Croy, Quentin Binegar and Greg Smith. They are are scheduled for trial Oct. 11, with a final pretrial scheduled for Sept. 28. Pretrial motions are to be filed by Sept. 6.
An attorney for a defendant in an engaging in a pattern of corrupt activities case said that he wanted to "put the court on notice" that he wanted forthwith discovery of evidence and that he didn't feel his client should have to waive time, because the evidence should have been available the day of the indictment.
Highland County Common Pleas Court Judge Rocky Coss said the law says discovery has to be provided in a reasonable amount of time, and he felt that less than two weeks was not unreasonable.
Daniel O'Brien is representing Thomas Peters in the case. Peters was arrested after he was indicted Aug. 2 by a grand jury in Highland County Common Pleas Court in the alleged corrupt activities case. Highland County Sheriff Ron Ward previously told The Highland County Press that he believed Peters to be the "ringleader" of the drug enterprise.
Of the 153 counts in the indictment, 73 of them are against Peters.
Several of the defendants from that case appeared for pretrials Wednesday via video.
On Aug. 3, when the warrants from the grand jury indictments were executed, Ward said, "Law enforcement knows we have a heroin problem here in Highland County, as well as other counties in southwest Ohio. We engaged in a covert investigation in late 2010 (November), which culminated in several indictments being issues in April 2011 (against) several individuals engaging in a pattern of corrupt activity involving the distribution, trafficking and possession of heroin. Some of those cases are now wrapping up. The grand jury met (Aug. 2), and we've indicted an additional 11 individuals on 153 counts, with charges of engaging in a pattern of corrupt activity, which is a felony of the first degree."
Peters and his 10 co-defendnats are scheduled for trial Oct. 11. A final pretrial has been scheduled for Sept. 28. He is currently being held on $500,000 bond.
During the hearing Wednesday, O'Brien told Coss that he "can't believe the court would already set a trial date in a case where we're now at a pretrial and we still don't have the slightest iota of any kind of discovery," and that his client had been "cheated out of a preliminary hearing." Daniels said he "wanted to put the court on notice right now" that he objected to the trial date.
On Aug. 4 O'Brien filed in the Highland County Clerk of Courts Office a motion for discovery and a demand for discovery. On Aug. 5 he filed a motion to compel discovery and asked for a forthwith hearing on the matter. On Aug. 8 Coss denied the motion for a forthwith hearing on the motion to compel.
"Let me address things in this way, Mr. O'Brien," Coss said. "Number one, you filed a motion to compel one day after filing your request for discovery. I don't think under any, any stretch of the imagination in any lawyer's mind in the world that be considered to be reasonable time. Therefore, I dismissed your motion and I find that as a matter of cause, it's frivolous. Number two, I always set trial dates, particularly for those who are in custody during arraignment. If that trial date doesn't work you are free to request a continuance and waive time. I'm not going to wait and set a trial date, because I don't operate that way.
"The other thing is, I don't claim anything. I rule. The court rules," Coss said. "You will not suggest I am somehow arguing something with you. Because I making rulings, I don't make claims. Just so you get that straight."
Coss told Highland County Prosecutor Anneka Collins that by Friday, Aug. 19 she can give O'Brien whatever she has. He said that the court has an open-file discovery, but if there is something O'Brien doesn't receive he feels he is entitled to, "then you are free to file a motion and the court will deal with it."
The ju dge started to say that he would be glad to grant a continuance if time is waived, if not then the court will go to trial, but O'Brien interjected, saying, "There is one more choice ..."
"And another thing is, you don't interrupt me," Coss said. "When I'm done, I'll ask you if there's anything else. So that's the way we're going to operate."
Coss then asked O'Brien if he had anything else and the attorney said he did not understand "why my client has to waive his right to a speedy trial in order to get the discovery that he is entitled to as a matter of law. The discovery should have been available on the day that he was indicted. The court should consider, as a reasonable alternative as the reduction of the bond to some reasonable amount so we can get rid of the shackles of the 90-day rule."
Coss said that he had made his ruling, and that it would stand.
Also in court Wednesday, pretrial hearings were held for some of the co-defendants of Peters: Donna Gilliam, Roderick Croy, Quentin Binegar and Greg Smith. They are are scheduled for trial Oct. 11, with a final pretrial scheduled for Sept. 28. Pretrial motions are to be filed by Sept. 6.
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