Hamilton County Prosecutor Joe Deters Stages Coup: Republican Intervenes In Elections Case Without Authority



Deters Joins GOP Allies



CINCINNATI (TDB) -- The GOP prosecutor's aides officially intervened in the 6th Circut U.S. Court of Appeals.  The county lawyers are now allied with the Ohio Republican Party and John Williams, a GOP candidate for Juvenile Court Judge in Hamilton County. Joe Deters -- who by law represents the Hamilton County Board of Elections -- committed his office to support Williams' effort to thwart an investigation into 869 provisional ballots.   The provisionals were cast aside as legally defective.  Where it gets dicey: The board of elections never agreed to intervene in the federal appeals case on Williams side.  A 2-2 tie put it officially on the sidelines.  Deters move -- to assign staff lawyers to join the Republican side of a legal dispute -- has the look and feel of pure partisanship, a coup against the board of elections.

How did the board divide 2-2?  Democrats Tim Burke and Caleb Faux said no appeal; Republicans Alex Triantafilou and Chip Gerhardt said yes.  On a tie, the motion to appeal died.   

At the moment, the 6th Circuit is considering whether to set aside U.S. District Judge Susan Dlott's order that forces county elections officials to inspect the provisional ballot for signs of poll worker error.  Tracie Hunter, the Democratic candidate for juvenile judge, trails Williams by 23 votes.  A mandatory recount is coming.  Hunter wants more than a recount -- she believes the discarded provisional ballots will break her way and should be added to the mix.  Hunter and the Ohio Democratic Party launched the court fight last week to have them counted.

To counter the Dems, Deters' office filed what it calls a "response of the Hamilton County Board of Elections to Intervenor John Williams' emergency motion to stay."  That suggests false advertising, because the Hamilton County  Board of Election never authorized such a move.  Deters aide, Assistant Pros. James W. Harper acknowledged as much:  "The nature of the Board's further participation in this matter will be determined by the Ohio Secretary of State as the Board is divided."   Outgoing Ohio Secretary of State Jennifer Brunner, a Democrat who did not seek reelection, is seen as unlikely to authorize an appeal.  Which is why Deters staged what amounts to a coup.

Williams, whose legal team includes Stuart Dornette (an extremely talented attorney who represents the Cincinnati Bengals and handled negotiations that stuck the county with stadium expenses it cannot afford to pay), contends the 869 disputed provisional ballots are not valid.   Meanwhile, Hunter contends a subset of 289 provisional ballots were cast at the right polling location but in the wrong precinct.  Her lawyer, Jennifer Branch, said poll workers created a mess:

"A single polling location often is the site for voting in multiple precincts.  A citizen must not only locate the right polling place (church, fire hall, school) but also the right table inside the polling place.  Poll workers employed by the Hamilton County Board of Elections have a duty to direct the voter to the correct table so the voter can vote in the correct precinct.  On November 2, 2010, poll workers in Hamilton County did not direct 289 voters to the right precinct table,  This is obvious poll worker error . . . All 289 provisional  ballot cast at the right location but in the wrong precinct on Election Day were rejected by the Board of Elections despite the obvious poll worker errors.  It is likely that these 289 ballots may effect the results of this race since only 23 votes separate the two candidates."

Joe Deters' Nemesis In Cleveland Facing DUI Scandal: Bill Mason Drove Deters From Statewide Office

CINCINNATI (TDB) -- Upstate bloggers are having a field day over the current tribulations of Cuyahoga County Prosecutor Bill Mason. Mason was riding in a car with a fellow officeholder who got picked up for drunk driving. Mason contends he didn't notice his pal was intoxicated. Hamilton County Prosecutor Deters, who served as state treasurer until Mason drove him from that office with a corruption probe, ought to be buckled up with laughter. His nemesis now looks like an imbecile. After all, prosecutors are supposed to see that drunk drivers go to jail. They aren't suppose to hitch rides with them.

For those who don't recall, Cuyahoga County's Mason, a Democrat, went after Deters and ended the Hamilton County Republican's dream of becoming Ohio attorney general. There were issues about pay to play and dealings with Lehman Bros., the Wall Street investment bank that collapsed in 2008. Here are a few excerpts from an archived Cincinnati Enquirer story about the 2004 scandal :

"COLUMBUS - State Treasurer Joe Deters insists that nothing is going to stop him from becoming Ohio attorney general in 2006.
But a public corruption probe linked to his office threatens to derail the political ambitions . . . The source of Deters' trouble is his relationship with Frank Gruttadauria, a former Cleveland stockbroker serving prison time for swindling investors around the country out of $125 million over 15 years.
Gruttadauria was introduced to Deters in 1999, shortly after Deters became state treasurer. Gruttadauria was trying to help his employer land the lucrative job of managing some of the state's $150 billion investment portfolio. He succeeded.
From 1999 to 2001, Gruttadauria's two employers, SG Cowen Corp. and Lehman Brothers Inc., did a combined $5.9 billion in investment trades with Deters' office.
Gruttadauria also worked to develop a relationship with Deters, giving him rides on his Lear jet and donating thousands of dollars to Deters' campaign as well as to the Hamilton County Republican Party, which Deters chaired in 2000 and 2001.
But the case didn't end there. It caught the attention of William Mason, the Democratic prosecutor in Cleveland, who launched his own investigation.
In March, Gruttadauria, 46, pleaded guilty to bribing an unnamed person from 1999 to 2002 to get state investment business, racketeering, theft, money laundering, forgery and election law violations.
He also admitted to making a $50,000 donation to Deters' campaign that he masked as a contribution to the Hamilton County Republican Party. And he admitted to making illegal campaign donations to Deters by funneling $7,000 through clients and employees to Deters' campaign."

Hamilton County Prosecutor Joe Deters: Cincinnati Is In Decline, Crime Is Rampant

CINCINNATI (TDB) -- Hamilton County Prosecutor Joe Deters says parts of Cincinnati have become so dangerous he won't let members of his family go near. Deters said "the violent crime rate has tripled" since the Cincinnati riots of 2001, and contends voter disapproval of a sales tax increase for an expanded jail means the city can expect to become increasingly unsafe. He wonders if economic redevelopment plans can survive.

Deters, a Republican who does not have a Democratic opponent this election year, can expect another four-year term in the prosecutor's post. The former state treasurer wrote a column for the current issue of Cincinnati Gentlemen (subscription required) that was unstinting in its description of a crime-ridden Cincinnati and a sad economic fate.

"The result of more criminals on the street is more crime. the bulk of this crime will occur in the city of Cincinnati. Despite this obvious fact, many city leaders did little to support the jail levy. The payoff will be the continual decline of safety in the city."

[snip]

"Why does northern Kentucky thrive while the city fights to maintain its population and businesses? Simple, people feel safe over there. When I left Cincinnati to become State Treasurer in 1999, the area around Main Street was thriving and fun and safe. Today, if my 19-year-old son informed me that he was heading to that area for the evening, I'd take his car keys.

"Wonderful development is coming to this city. Well-intentioned people are spending tons of money to revitalize its core. But, I contend it doesn't matter where you move the fountain. One punk with a gun can ruin everything."