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Free Press’ Bob Fitrakis and Harvey Wasserman awarded for 4th Most Censored Story of 2016

Free Press’ Bob Fitrakis and Harvey Wasserman awarded for 4th Most Censored Story of 2016

by Free Press Staff
OCTOBER 13, 2016
Project Censored logo and statue of liberty

Project Censored has chosen Search Engine Algorithms and Electronic Voting Machines Could Swing 2016 Election as the 4th “Most Censored Story of 2016” with contributions by Free Press writers and editors Bob Fitrakis and Harvey Wasserman.

“Because courts have ruled that source code is proprietary, private companies that own electronic voting machines are essentially immune to transparent public oversight, as Harvey Wasserman and Bob Fitrakis documented,” Project Censored wrote. “On Democracy Now! and elsewhere, Wasserman and Fitrakis have advocated universal, hand-counted paper ballots and automatic voter registration as part of their ‘Ohio Plan’ to restore electoral integrity.”

Every year for 40 years, Project Censored, located at Sonoma State University in California, has chosen the 25 most censored stories of the year.

To read about Project Censored and their top censored stories of 2016, go to:

http://www.cvindependent.com/index.php/en-US/news/features/item/3367-censored-stories-2016-the-10-big-stories-the-media-has-largely-missed-or-ignored-over-the-last-year

or

http://projectcensored.org/

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Franklin County Prosecutor candidates weigh in on police-involved shootings, diversion programs, equal protection

by Steve Palm-Houser
SEPTEMBER 20, 2016

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On September 14, two candidates for Franklin County Prosecutor answered questions about how they would respond to officer-involved shootings, if elected. As the candidates’ forum at Mt. Olivet Baptist Church proceeded, only one mile away 13-year-old Tyre King was pursued and shot multiple times by Columbus police. He was taken to Nationwide Children’s Hospital and pronounced dead a few minutes after the candidates’ forum ended.

Adrienne Hood spoke at the beginning of the forum. Her son Henry Green was killed by Columbus police on June 6. “It’s unfortunate that the person who can give me the justice that my son deserves is not here,” she said, indicating the empty chair reserved for Ron O’Brien, the incumbent County Prosecutor candidate. O’Brien has not responded to demands by Green’s family to indict the officers who shot him and appoint an independent prosecutor to oversee the case.

Diversion programs

People’s Justice Project organizer Tammy Alsaada posed the first question to Democratic candidate Zach Klein and Green Party candidate Bob Fitrakis. “Would you keep families together by expanding diversion programs for youth, for addiction, and for mental health issues in underserved and overlooked communities?” she asked. “And how would you help keep people out of the system and get the treatment they need?”

“Yes,” Zach Klein said. “I’m a firm believer that the cycle of incarceration breeds a cycle of poverty, which breeds a cycle of incarceration. I think we need to be aggressive in expanding our diversion program to ensure that there is treatment” for drug addiction and mental health issues. “We also need a diversion program that recognizes when some people turn to crime to make ends meet. It may be a small number of people, but there are people who lack opportunity. Jail is for people that we’re afraid of, not for people we don’t know what to do with.”

There is currently “no rhyme or reason or policy directive out of the prosecutor’s office for who is eligible for diversion,” Klein said. “It’s all at the whim of whether the prosecutor knows the defense attorney. That’s not fair, open, or transparent.”

Bob Fitrakis also responded “yes” to Alsaada’s question. “As prosecutor I will not arrest anyone for drug possession,” he said. “It’s a medical problem, and that’s how it will be handled.” Instead, he would go after the people involved in heavy drug trafficking. “Many of these are connected with legitimate businesses. The people who fueled the crack epidemic in this town in the 1990’s were Southern Air Transport. They were bringing heroin and other drugs into this country. Instead of going after someone with ten balloons in their stomach, let’s go after the large aircraft that are coming in by the planeload, contaminating these communities.”

Fitrakis cited the recently revealed admission by Richard Nixon’s domestic policy chief John Ehrlichman that the War on Drugs was started not to curb drug use, but to marginalize blacks and the hippies who opposed the Vietnam War. “This has been a systematic campaign against the poor community, against the black community,” he said. “We need to redefine the problem.”

Equal protection under the law

“Research shows that mass incarceration disproportionately affects low-income people, and people of color,” said Jasmine Ayres, field director for the Ohio Organizing Collaborative. “We need more information to make evidence-based decisions on policies and practices. For example, black people in Franklin County are 3.8 times more likely to be in jail than whites.

“Will you collect and share demographic data — including race, gender, and income level — on who is charged, what they are charged with, what plea is offered, and what bail is recommended? And how would you set alternative metrics to evaluate your staff?”

“Will I comply with the open records law? Yes,” Bob Fitrakis responded. “There needs to be full transparency. For many years, before the Free Press went after the judges, they were double-bonding people. The bondsmen were running the court until they were exposed.

“I’m going to remove the jump-out boys,” he said, referring to plainclothes police officers who patrol so-called “crime hot-spots,” a code word for neighborhoods with many poor, black, and Latino residents. “They post white police, walking around with money, pretending they’re on drugs, acting like bait. They should be removed or charged criminally, because they’re causing the violence. They need to get off the streets.”

Fitrakis recalled teaching police officers about the U.S. Constitution in 1980. “They weren’t really receptive to it, but we were able to work out certain things,” he said. “We should pay our police well, and we should make sure they know our fundamental principles.”

Zach Klein responded, “Yes, as someone who’s running for prosecutor, trying to get that information that you seek. It doesn’t exist. We should have an open, transparent system in the prosecutor’s office that uses the best practices and technology, that’s not only available, but easy to understand.

“In 2014, which is the last year this data was available, there were 12,000 criminal filings in Franklin County. 190 went to trial. Think about the 11,810 cases that never went to trial, that fall squarely within the programs and opportunities that you’re talking about. But outside of knowing they didn’t go to trial, we don’t know anything about the defendants, the pleas, or the cases.

“Having an open and transparent prosecutor’s office restores the community’s faith in the criminal justice system,” Klein said. “We need to have a prosecutor’s office that is outward-facing, that is engaged in the community, that doesn’t just go home to the suburbs, that looks like the community,” Klein said. “What do I know about Ron O’Brien’s office? Four percent of his lawyers are African American. I think that’s abysmal. We need to have a more aggressive approach to recruiting African American, Latino, LGBT, and female lawyers.”

Trying juveniles as adults

“Youth should not be tried as adults. Research shows that if you send youth to adult prison, they are more likely to re-offend. They are more likely to be sexually abused,” said Candice Williams-Bethea, a grassroots educator with the People’s Justice Project. “How will you handle the practice of trying minors in adult court? And how will you use developmentally-informed decision making appropriate to youth?

“Those statistics are real, which is why any prosecutor should be careful about charging any juvenile as an adult, or as a juvenile,” Zach Klein responded. “A prosecutor’s office should be working with faith and community leaders to play quarterback on this issue and others, to give juvenile offenders a chance to pull themselves out of the cycle. A proactive prosecutor will bring the parties together with a mentor program that can give kids an opportunity to make a difference, not just treat them like a number.”

“I’m not charging any juvenile as an adult if I am prosecutor,” said Bob Fitrakis. “Social science states the obvious: the amount of lawbreaking between affluent suburban white kids and inner-city kids is about the same. The only difference is who gets charged, who gets a record, and who ends up doing time and being profiled for the rest of their lives.”

As an attorney, Fitrakis sees “more justice when I go to mayor’s court in Worthington, Grandview, and Hilliard, when youth are charged with a minor misdemeanor because they’re good boys and girls and about to go off to a private school.” For the same offense a young person in Columbus might be given a first degree misdemeanor or a felony charge, he said. “That must end in the prosecutor’s office.”

Independent prosecutor for police-involved shootings

“Recently the Supreme Court of Ohio acknowledged the bias of the grand jury process when it comes to indicting police,” said Aramis Malachi-Ture Sundiata, statewide organizing director for the People’s Justice Project. “Will you appoint an independent prosecutor to investigate all police-involved shootings in Franklin County? And if not, how will you handle police-involved shootings?”

“If you appoint an independent prosecutor, who do you hold accountable?” Zach Klein responded. “When I am prosecutor, I want you to hold me accountable for decisions I make, not only in police-involved shootings, but in any issue of crime.”

Klein cited Cuyahoga County Prosecutor Tim McGinty, who lost a re-election campaign when he failed to indict police officers in the killing of Tamir Rice. “He was held accountable and got fired,” Klein said. “If we appoint independent prosecutors, I’m afraid that we might lose the accountability. You can’t vote an independent prosecutor out of office.”

“I have no problem with an independent prosecutor,” Bob Fitrakis said. “I just don’t think it goes far enough. I believe that there needs to be an independent civilian review board, with subpoena power, that is elected from the area commissions, and that is responsible in these shooting cases.

“Part of the problem is the tremendous hold the FOP has on elected officials,” Fitrakis said. “That has to stop. We need not only an independent prosecutor; we need a civilian review board with an auditor. We need real citizens from the high-crime neighborhoods. We should be able to elect people from those communities, because they’re the victims.”

At a Columbus City Council candidates’ forum last fall, Zach Klein went on record as opposing a civilian review board with subpoena power.

Both candidates agreed to meet with the groups who held the candidates forum’ 100 days after the election.

For each of the questions posed, the audience applause was consistently louder and longer for Bob Fitrakis than for Zach Klein.

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Bob Fitrakis Speaking The Jill Stein Rally, Capital University, Columbus, OH

September 2nd. 2016


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What Really Happened at Jill Stein’s Green Party “Wrong City” Rally

by Bob Fitrakis and Harvey Wasserman

SEPTEMBER 5, 2016

Jill Stein raising her fist at the podium

So the corporate media indulged itself with the idea that Green Party candidate Jill Stein flew to the “wrong city” for a Friday rally at Capital University in central Ohio. Her lateness was in the headline, lead and conclusion of every mainstream article about the September 2 event.

As usual, they ignored the real story.

Jill originally had a speech scheduled in Cincinnati, which was moved, although the tickets weren’t. So she was in Covington, Kentucky about a half-hour before the scheduled noon start of her talk at Capital, where Harvey is in his thirteenth year of teaching (primarily UC200: Cultural and Ethnic Diversity).

No big deal. Jill hopped into a Lyft and headed north. Estimated time of arrival: about 2:30.

Compare this to when Hillary Clinton appeared in Columbus on July 31, 2016 at Ft. Hayes Metropolitan Education Center, arrived two hours late, and a dozen people had fainted in the heat in the meantime. Although the Dispatch reported on it, the article did not emphasize her lateness in the headline or lead. Buried in the middle of the article, it read: “Several in the Ft. Hayes crowd had to be treated by paramedics as they waited on the newly-anointed Democratic nominees, who were about two hours late – in part because they stopped for Grandpa’s Cheese Barn along Interstate 71 near Ashland.”

Meanwhile, Harvey told Jill’s crowd of about 100 (many of them his students) that she was on her way and took orders for pizza. Since the local media craves the details, here they are: seven cheese pies, seven with onions, peppers and mushrooms, and one vegan (for Harvey, Suzanne and two other takers) with tofu and no cheese. (Total price: $220, Harvey’s most memorable campaign donation).

We then opened the mic. Among others, long-time Green Party activist Anita Rios spoke. So did Bob, Ohio Green Party Co-Chair, candidate for Franklin County prosecutor, a professor at Columbus State Community College, and Editor of the Columbus Free Press/www.freepress.org. Bob and Harvey have co-authored seven books on election protection, dating back to the 2004 theft of the presidency by George W. Bush and Karl Rove.

At one o’clock we switched over to Harvey’s iPhone. One of Harvey’s students hooked us up to the PA and we played the Jill Stein campaign theme song, followed by a good long session from the Grateful Dead.

It was a gorgeous Friday afternoon on the large lawn at a lovely liberal arts college. People sat, talked and stretched out. Thanks to the modern miracles of the telephone, texting, email and social media, the crowd grew by half.

A klatch of about a dozen libertarians hovered in the background wearing Gary Johnson t-shirts. We asked them if it was true that Johnson, who advocates legalization of pot, had promised not to smoke it while in the White House. We told them that was a mistake.

When Jill arrived she was greeted by Capital’s much-loved President Beth Paul. Back in 2008, the school hosted an appearance from candidates John McCain and Sarah Palin. George H.W. Bush and other presidents, ex-presidents and candidates—-including Barack Obama—-have appeared here.

When Bob finally introduced her, we had a rested, happy crowd of enthusiastic students, locals and Green Party volunteers. Jill spoke of the Green New Deal and her plan to put hundreds of thousands of Americans to work to create a clean energy economy by 2030. She asked the student crowd how many had taken out student loans and more than half raised their hands. The crowd roared approval when she announced she would cancel all student loan debt, which affects 43 million Americans.

What should have been the lead was Stein’s call to cut the U.S. military spending in half. She pointed out that our nation has 900 military bases all over the world. Other than the U.S., all the other nations on the planet combined have only 30 military bases outside their borders.

We took questions after Jill’s speech, then a group photo, and a long selfie line. A good time was had by all.

By the time Jill hopped in Anita’s car to head to Cleveland for her next gig, this time just a half-hour late, the media had filed its story, but obviously missed an excellent rally.

The media are also misrepresenting Stein’s official ballot status:   A Dispatch article Monday, September 5, said:   “Green Party nominee Jill Stein is on track to make it in at least half [of the state ballots].” At the time the Dispatch published this AP report, Stein was already on the ballot in 41 states and likely to end up on at least 45 states, or 95 percent of the states. Only in South Dakota is she not on the ballot by name or as a write-in, and in only three states is she certified as a write-in only – Indiana, North Carolina and Georgia.

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Bob Bites Back: Fear and hacking at the Democratic National Convention

Bob Bites Back: Fear and hacking at the Democratic National Convention

by Bob Fitrakis
AUGUST 5, 2016
Bernie delegates holding up Election Fraud sign at DNC

Why would the Ohio Green Party Co-Chair end up addressing Bernie Sanders delegates in Philly during the Democratic Party convention? I found myself with them in a pizza place in King of Prussia, Pennsylvania at the behest of the mostly-California-based Election Justice organization.

In a crowded back room, angry and angst-ridden Berners, as they call themselves, listened intently as election protection attorney Bill Simpich outlined what can only be described as a Clinton election coup in the California primary. Simpich has filed three lawsuits in California so far, trying to ensure every vote is counted. Immediately following the primary in California, 2.4 million votes – overwhelmingly from Sanders’ supporters – remained uncounted, resulting from a combination of dirty tricks and illegal voter suppression activities.

When all the votes are counted, Sanders would likely be the victor.

Berners were outraged over the apparent election fraud and the Wikileaks release of 20,000 Democratic National Committee (DNC) emails just prior to the start of Hillary Clinton’s well-orchestrated coronation. They pondered the suspicious death of DNC staffer Seth Rich, found shot twice in the back on July 10 before he was set to testify in the Clinton email investigation. The delegates were particularly pissed about the content of one Wikileaked email from a DNC staffer named “Marshall” to DNC Communication Director Louis Miranda. Marshall wondered about Bernie – “Does he believe in a God.” In another email, staffers plotted to describe Bernie as a “Jew” and “atheist” in hopes of discouraging support for him from West Virginia voters.

In an interview about the revelations in the DNC emails, Sanders had stated, “The Party leadership must always remain impartial in the presidential nominating process, something which did not occur in the 2016 race.”

DNC Chair Debbie Wasserman-Schultz, implicated in the email scandal, was initially “quarantined to keep the peace,” according to DNC officials. But, Wasserman-Schultz resigned in shame only to be immediately hired by the Clinton campaign.

Lulu Fries’dat unveiled a 96-page report entitled “Democracy Lost: A Report on the Fatally Flawed 2016 Democratic Primaries” issued by Election Justice USA and endorsed by Fritz Scheuren, the former president of the American Statistical Association. The report concluded that “…an upper estimate of 184 pledged delegates [were] lost by Senator Bernie Sanders as a consequence of specific irregularities and instances of fraud. Adding these delegates to Senator Sanders’ pledged delegate total and subtracting the same number from Hillary Clinton’s pledged total would more than erase the 359 pledged delegate gap between the two candidates.”

The report also pointed out that, “Even small changes in vote shares in critical states like Massachusetts and New York could have substantially changed the media narrative surrounding the primaries in ways that would likely have had far reaching consequences for Senator Sanders’ campaign.”

I explained to the crowd that the lawsuit I filed, Johnson v. Edison Research Group, accuses the presidential primary exit pollsters of collaborating with secretaries of state to deliver bad numbers to the giant media polling consortium – NBC, CBS, ABC, Fox, CNN and the Associated Press. While none of the Republican primary election exit poll results were statistically suspicious, 12 out of 26 Democratic primary exit poll results were so far off the actual vote totals that they would not have been validated by the U.S. State Department Hillary used to head. Among the worst were Arizona, Alabama, Ohio and New York. Edison had unexpectedly canceled all further primary election exit polling just prior to the California vote.

Suddenly the Bernie supporters were asking “What should we do?” about all the election fraud. Their solution was to issue a statement about the primary election fraud and Wikileaked emails, and stage a walkout at the convention after Clinton’s name was put in nomination for president. They emailed a draft statement to participants around 1:30am. It was now clear that the walkout would happen and chaos would ensue.

Outside the Wells Fargo Center convention site, people were in the streets daily marching and chanting and setting up an “Occupy the DNC” continuous convergence at FDR Park. I joined Cheri Honkala’s, and the Poor People’s Economic Human Rights Campaign’s “March for our Lives” Monday at 3pm starting outside the Philadelphia City Hall. Honkala, Jill Stein’s Green Party Vice Presidential running mate in 2012, was joined by Cornel West, a leading Sanders surrogate and platform spokesperson who had recently endorsed Stein for president this year. West was his usual nattily attired self, in a three-piece suit, in preparation for the 4-mile march in 100-degree temperatures.

Jill Stein spoke briefly at the start of the march. Chants included: “Hell no DNC! We won’t vote for Hillary!” and “Jill, not Hill!” Halfway through the march it paused, and I was handed a megaphone to address the marchers on the issue of election fraud. I denounced the fact that “Private, for-profit, partisan corporations secretly count our votes and maintain our pollbooks with secret proprietary software.” I urged occupation and arrests to end this unacceptable and undemocratic practice.

Two voting machine companies Dominion (formerly Diebold) and Hart Intercivic were listed as donors to the Clinton Foundation. As the axiom goes, there’s not much money in vote counting, but a lot in vote results.

Fifty-four marchers took arrest for going over the fences outside the Wells Fargo Center protesting election fraud and Citizen’s United. They were cuffed and given bottles of water, much to their relief.

Under a large white tent in FDR Park, Green Party stalwarts like Medea Benjamin, David Cobb and hip hop artist Immortal Technique revved up the crowd in anticipation of Jill Stein’s appearance. I saw a “Rigging is not Winning” sign.

The sky was filling with dark gray clouds. Luckily Howie Hawkins, Green Party legend from New York, was serving as security and allowed me backstage. Then a Parks and Recreation staffer rushed into the tent and demanded we shut it down before the impending thunderstorm. He proclaimed an emergency and told us to leave immediately. A black security person answered “Hell no! We don’t know if you’re with Hillary!”

As an election attorney for the Green Party of Ohio, I was drawn into the conversation and we realized the legal implications – stall as long as we can so Jill can finish speaking.

We refused to vacate the tent and shut down the rally as Jill was being ushered on the stage. We demanded a note from his supervisor. While Jill spoke, inviting the Berners to break from the Democratic Party, the Parks and Rec guy returned to show us an email on his phone verifying his orders. We perused it slowly and sent him away a second time where he vowed to return with police. He did, but by that time Jill was done speaking and Immortal Technique was rapping the rally up.

Then came the righteous cleansing rain.

When Hillary was nominated on Tuesday night, there was a mass walkout by Bernie supporters chanting “Walk out! Walk out!” “Election Fraud!” and “This is what democracy looks like!” Berners from California and New York visibly emptied large areas of the convention hall. Clinton controlled state delegations were down near the front for mainstream media cameras to pick up, while the seats that Sanders’ large contingent got were higher up. Some Bernie delegates stopped and had a silent protest at the convention media tent wearing black gags and tape over their mouths – words on the tape read “Election Fraud” and “Silenced.”

We were receiving constant messages from delegates in convention center. The first important post I noted on Monday was from a California delegate at 5:48pm urging people to join a class action lawsuit against the DNC. There were six links to devastating online articles and videos regarding the DNC’s election manipulation.

Many of the delegates messaged that they were being threatened with having their delegate credentials pulled, something that actually happened to Ohio State Senator Nina Turner. Reports are that she had refused to specifically endorse Clinton in her planned “second” to the Sanders nomination. Numerous Bernie supporters reported that their Bernie signs were confiscated by convention officials and Hillary delegates. New Yorkers complained that a white noise machine was placed by them to drown out their Hillary heckling.

Later in the week during the convention when Tim Kaine took the stage election integrity activists dropped a green banner over the side of the balcony reading “Election Fraud #wikileaks” and Hillary’s acceptance speech was marred by glowing neon green vests and T-shirts that read “Enough is Enough” indicating their plan to vote Green Party in November. Jill Stein was invited in to the convention center to be interviewed by Fox News, causing consternation.

As a fellow for the Institute for American Democracy and Election Integrity, I spoke on a panel at the parallel People Demanding Action (aka Progressive Democrats of America) conference on election integrity. Many in the audience were California Bernie delegates and during the Q and A they came to the conclusion that they should walk out during Clinton’s nomination address. There were two dissenters that led to a profane shouting match during the discussion.

After the Q and A, I raced back to FDR Park to join comedian/news analyst Lee Camp and my favorite investigative reporter Greg Palast on a panel. It never happened because the occupiers were heading over to the convention center for another round of arrests.

Now that it’s over, I read a report that the FBI was on the DNC email case. The great irony is that the FBI has announced it is going to investigate the source of the leaks, but not any potentially illegal activity that was in the email leak.

On a more positive note, I read a July 29 open letter to Bernie Sanders by 22 former campaign staffers and his current National Latino Outreach Deputy Director Cesar Vargas urging him to run for president on a Sanders/Stein Green Party ticket.

 

Appears in Issue:

August 2016

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Bob on Nicole Sandler Show June 10. 2016

From Nicole’s youtube channel:
“Streamed live on Jun 10, 2016
This week, the video of a meeting about election integrity in California in which attorneys Bob Fitrakis & Cliff Arenbeck explain why they’ve filed lawsuits demanding the release of exit polling and returns to show that fraud is inherent in our system. This morning, Bob Fitrakis joins in to tell us of their concerns, give an update on the lawsuit, and what comes next.

Find out more and watch the full video of the 5-27 meeting at trustvote.org

In hour two, we’ll open the phones to get your reaction at 954-889-6410 or via Skype to nicolesandler.”

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Bob Speaking @ Congressional Briefing April 21, 2016

Fitrakis from Ben-Zion Ptashnik on Vimeo.

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Other links and info:

http://www.truth-out.org/news/item/35846-members-of-congress-call-for-end-to-mass-voter-suppression-and-insecure-elections

http://columbusfreepress.com/article/how-voter-suppression-efforts-are-threatening-our-democracy

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The gatekeepers: Striking it rich in the bail bond business

Columbus Alive Archive Article

The gatekeepers (Bail bonds)
05/07/1997
FEATURED ARTICLE
The gatekeepers
Striking it rich in the bail bond business

by Bob Fitrakis

Despite a city ordinance prohibiting the soliciting of business by bail bondsmen, “in or around any court or public place,” a month-long investigation by Columbus Alive revealed that the law is routinely ignored. One firm, SMD & HLS Bonding Company, appears to be running its business from the “interview” room next to arraignment Courtroom 4D in the Municipal Court building. SMD & HLS bail bonders linger in the hall and sit in the back of the court and appear to be soliciting business.

The so-called public “interview” room appears to function as a high-powered office for the SMD & HLS Bonding Company, listed in the yellow pages as four different firms: Handler Bonding, Lowell Fox, Sam English and A-Aa Absolute Bail Bonds. Still appearing in the yellow pages entry is a photo of Sam English, who has been dead for several years. As of the writing of this article, the woman who answers the phone at the Sam English firm tells callers that Mr. English “isn’t in.”

Although the courthouse is a no-smoking public building, smoke wafts from the interview room when the door is opened as bail bondsmen hustle family and friends of defendants from the arraignment court to their office equipped with phones and a criss-cross phone directory. As one highly placed law-enforcement source put it, “It’s the old adage. The best place to hide illegal activity is out in the open.”

A non-Handler bondsman pointed out what he saw as an analogous situation. In 1990, the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio suspended Judge Ralph D. Dye Jr. of McConnelsville for using public space to conduct private business. The board labeled his free-rent arrangement at the courthouse “inexcusable, unfair to other attorneys and unethical.”

In a letter dated November 21, 1996, in response to a public records request, Municipal Clerk of Courts Paul Herbert, stated: “I have not been designated, nor do I have any authority to enforce the use of the conference room next to Court Room 4D. …The rules for the use of the room have been clearly posted on the door.”

Asked if his bondsmen are soliciting business on the fourth floor, Handler said in a telephone interview: “Totally untrue. I don’t need to solicit. I’ve been in business 25 years. I advertise. People refer other people to me.”

Are his bondsmen running a business out of the Interview room next to 4D? “No,” Handler responded.

Most court officials say that the interview room is set up to serve lawyers and their clients for privileged private discussion. On three different occasions, when Columbus Alive watched the Interview Room, the only people inside were bail bondsmen. The rules, according to a non-Handler bondsman, are “first-come, first-serve. But, it’s like the Old West. [Handler]’s got Woody Fox, a retired Columbus police officer working as a bondsman. He’s got Al Clark, former chief deputy at the sheriff’s department, and when you go up there, Handler’s got the nerve to tell you that you’re not supposed to be there. ‘No soliciting.’ So now I just sit by the phone and wait for people to call for bonds. It’s cheaper. Everyone over there has their palms out; if you pay one, you’ve got to pay ’em all.”

Handler now appears to be the top gun, but not after a fight—literally. In 1994, the Columbus Dispatch reported that “Bondsman Jack Bates said his nose was bloodied and his face bruised when Mark Glaser, a bondsman with Harvey Handler’s bail bonding agency, struck him in the face on the fourth floor of the Franklin County Municipal Court.”

Ironically, bail bondsmen were supposed to be a thing of the past. In 1972, Ohio Chief Justice C. William O’Neill attacked the Ohio General Assembly for yielding to “pressure from bail bondsmen in rejecting rules for criminal procedure” reforms proposed by the Ohio Supreme Court in January of ’72. In a Dispatch article, O’Neill stated that, “In 90 percent of the cases the bail bondsman renders no service and takes no risk, but keeps his profit.”

By 1974, the Franklin County Municipal Court initiated its Pre-Trial Release Program (PTRP) in hopes of eliminating the need for costly and often unnecessary bond fees in most criminal cases. The era of reform is long over in the Franklin County Municipal Court. Herbert acknowledges in his letter that between January 1, 1996 and September 30, 1996 SMD & HLS Bonding Company wrote far more bonds in Municipal Court than any other firm. The breakdown is as follows: SMD & HLS Bonding Company – 3411; Columbus Bail Bonds – 891; Chuck Brown Bail Bond Agency – 603; International Bonds – 424; Bates Bonding – 52; American Bail Bond Agency – 15; other – 75.

Whether it’s legal or not is a question few judges or court officials care to probe. A cozy relationship exists between bail bondsman Harvey Handler—who manages or controls the four different bail bonding agencies in Columbus—and judges, Clerk of Court officials and court employees. Handler is a major political contributor to judicial and Clerk of Court office candidates and sometimes generous benefactor to court employees.

“Handler runs the fourth floor,” said former bail bondsman Bill Neil. “It’s a protected racket. The reason they like the fourth floor of Muni Court is because the felons are initially arraigned there, even though they’re tried in Common Pleas.

“It’s easy money. They can bail somebody out and they know the charges will be dropped within two weeks in Municipal Court because they have to be tried in Common Pleas. They’re just taking people’s money with no risk involved,” explained Neil.

Neil claims he went “broke in the business. Every two weeks, when the clerks didn’t get paid, I had to spend $50 or $60 to get pizzas…. And I had to give a security guard 30 bucks to pass out my business card.”

Under the current system, for example, if you are arrested for felonious assault and your bond is set at $5,000, you must pay 10 percent, or $500, to the court for an “appearance bond” or $500 to a bail bondsman for a “surety” bond. In the case of an appearance bond, you would get all but 10 percent ($450) back when you appear in court. With a surety bond from a bail bondsman, you would get nothing back when you appear at trial. But if you paid a surety bond and failed to show at trial, the bondsman is legally liable for the entire $5,000 bond.

The type of bonds are set at the judge’s discretion. Judges may also set recognizance bonds and release the defendant without posting any cash.

“Judges vary greatly. When I was in the business, if [Municipal Court Judge] Anne Taylor was on the bench doing arraignments, we took the week off,” Neil explained.

Curiously, Criminal Rule 46 of Ohio Rules of Criminal Procedure concerning the “Pre-trial release in felony cases,” provides that judges should use “personal recognizance” or an “unsecured appearance bond” as the “preferred method of release.” But few judges besides Taylor appear to follow it.

Since the Municipal Court cannot try felony cases, arrested felons are seen by municipal judges primarily for the setting of bond. Court records indicate that arrested felons are routinely arraigned and bonded on the fourth floor of the Municipal Court building and, just as routinely, the charges are dismissed a short time later. Defendants are told that the case will “be dismissed for possible future indictment.”

A grand jury later meets in the Common Pleas Court and holds a hearing. If an indictment is handed up, a summons is usually issued for a Common Pleas court appearance. Thus, what the bail bondsmen know is that there is little or no risk involved in forfeiting a surety bond in Municipal Court since the charges against the defendants will be dismissed. “It’s a scam,” as one bondsman put it. By not carrying over the bonds from the Municipal Court arraignments of felons to Common Pleas Court cases, Handler and other bondsmen are regularly pocketing thousands of dollars in risk-free money. And defendants are often surprised when they are required to repost bond money when they are summoned to Common Pleas Court.

If Municipal Clerk of Courts Herbert, “wanted to put his foot down, he could end this practice tomorrow,” said a S. High Street bondsman critical of Handler. “I’ve practiced in Marion County, Delaware County, Madison County and Franklin County. This is the only place that allows this to go on,” he added.

Herbert, who is up for re-election this year, is on record defending the practices of his court. “…You must realize that surety bonds provide a valuable service to the criminal justice system. Not only do you have agents with a vested interest in catching and returning defendants to court to stand trial for their conduct, but the court holds the security (in the form of a power) that can be executed against for the amount of the bond if the defendant does not return or the agent does not pay the bond.”

Herbert pointed out in a telephone interview Monday that the interview room is “open to the public, attorneys and bondsmen.” While his office is on the fourth floor, he said he was unaware of any soliciting of business by bondsmen. “I have no idea; I don’t police those rooms.” He suggested that Administrative Judge David Fais or Building Manager Bill Charlton would be responsible. “I try to stay out of that area,” Herbert added.

Asked about his relationship with Handler, Herbert acknowledged that Handler is a political contributor to Herbert and other judges and court-related officials, but not a “big donor.” Herbert did term Handler “very supportive” of his own political campaign.

Both Neil and other bondsmen charge that the Clerk’s office allows another infamous “rip-off” of criminal defendants. All bonds include an additional fee collected for the Victims of Crime Fund and the Public Defender’s Office. In felony cases, this amounts to $41: $30 to the Victim’s Fund and $11 to the Public Defenders. When cases are dismissed, or defendants are found not guilty, the money is returned to the bondsman who posted it, not to the defendant who supplied the cash. Legally, the money belongs to the defendants, but all too frequently, bondsmen fail to return the money and pocket it as pure profit. With no court enforcement to return the funds, the bail bondsmen benefit. “Money for nothing,” one bondsman explained. Neil pointed out that since most of the defendants are poor and uneducated, they are “easy marks” who don’t understand the legal system and are unlikely to protest the practice. Plus, their reputation as suspected criminals does not garner much sympathy for their plight.

Asked if the bondsmen are essentially taking defendants’ money twice, Herbert responded, “I suppose they would [be]. You need to ask the prosecutors, they’re the ones that dismiss the cases.”

According to a 1994 Dispatch article, 1,279 defendants released on surety bonds set in Municipal Court skipped bond. Neil and other bail bondsmen charge that Municipal Clerk of Court Herbert and Franklin County Clerk of Courts Jesse Oddi show favoritism to Handler’s firms. “Hell, when I had to pay a bond for a skip, the deputy clerks used to joke that ‘Handler’s guys are never down here,’” said Neil.

The Dispatch article also reported that: “In reality, court officials say more than half of bond forfeitures are set aside by judges. They may forgive the debt at their discretion.” Court records obtained by Columbus Alive indicate that court officials seem to be more forgiving for the Handler firms than others. Take the case of Dean Hinchee, arrested in 1991. Handler posted a $3,500 surety bonded for Hinchee on November 11, 1991. When Hinchee failed to show on January 28, 1992, Handler had 30 days to produce him or forfeit the bond. In a November 1996 billing to the SMD & HLS Bonding Company, a Dean Hinchere is listed instead of Hinchee. Although the names are spelled differently, Alive has obtained copies showing that the case numbers are the same: 29681. In the ’96 Handler billing the court requests only $350 from SMD & HLS Bonding when the full amount that should have been forfeited by Handler in 1992 for Hinchee’s court skip is $3,500.

Either by accident or design, Franklin County Courts are apparently shaving a zero off of Handler’s bond forfeiture bills, in effect billing one of the court’s major political donors at only 10 percent of the amount due.

Asked about the apparent shaving, Herbert said, “It’s currently being litigated” and refused further comment.

Asked about the allegations that bills are being shaved, Handler answered: “Totally incorrect. It doesn’t deserve a response. My attorneys are dealing with it.”

When probed about allegations that court employees have accepted gratuities from Handler and other bail bondsmen, Herbert said, “I don’t think that’s going on; if it is, they need to knock it off. We’re not supposed to be taking anything of value; but it’s a gray area of the law.” Herbert pointed out that, unless there was a quid pro quo, a gift for service, any gratuities or perks provided court officials by bondsmen probably aren’t illegal. “We should avoid the appearance of impropriety, and I’ve instructed my people not to accept any gifts.”

The billing of bondsmen seems to be a haphazard system. Herbert and his deputy clerks reportedly have busied themselves of late putting records into “storage.” This may make it all the more difficult to account for the total amount of forfeited bonds owed the Municipal Court by bond firms. In an independent audit by KPMG Peat Marwick LLP for the period January 1, 1994 through December 31, 1994, the report states that the Municipal Court practices “other than generally accepted accounting principles.” In a June 25, 1996 letter, State Auditor Jim Petro—currently lobbying to head the U.S. General Accounting Office—”accepted” the KPMG report “in lieu of the audit required by Section 117.11 Revised Code.” Petro noted “The Auditor of State did not audit the accompanying financial statements and accordingly, we are unable to express, and do not express an opinion on them.”

The obvious beneficiaries of such a system are not the public or poor and uneducated defendants and their families and friends, but the incumbent judges and clerk candidates who receive political donations, and the bonding companies who benefit from court officials’ lack of oversight.

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