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10/23/1996
NEWS BITES
Campaign questions
by Bob Fitrakis

What really happened in the 1992 sheriff’s election in Franklin County? This question is currently being probed by the Ohio Elections Commission. On Monday, the Commission found insufficient evidence to investigate money-laundering allegations against Sheriff Jim Karnes, former Franklin County Democratic Party Chair Fran Ryan, and the Franklin County Democratic Party. The commission will investigate allegations against Karnes’ 1992 campaign manager and former Elections Commission member, Greg Kostelac, and has suspended him as an investigator for the commission.

New information obtained by Columbus Alive sheds more light on the Kostelac investigation. Kostelac admits that he personally delivered $14,000 in checks made out to the Franklin County Democratic Party to Ryan on October 26 and 27, 1992. He acknowledges that Mark Wolfe, Franklin County kingpin in the adult entertainment industry, arranged for seven contributors to give $2,000 apiece.

An audiotape of a conversation between former Franklin County Republican Party Executive Director Terry Casey-now a private political consultant and associate of Kostelac-and a member of the Smith campaign crew reveals that there was a falling-out between Karnes and Kostelac immediately following the election. “Greg’s no fan of Karnes,” Casey informed the Smith campaign earlier this year, and there was “…no deal with Karnes” and Mark Wolfe. The campaign donations solicited from Wolfe by Kostelac were “motivated by wanting to screw Earl…. Karnes [was] kind of oblivious” to Greg’s deal, according to Casey.

Casey lobbied hard to keep Kostelac from being investigated: “…he’s not a dumb guy, [it’s] very, very important to keep Greg out of it.” In Casey’s analysis, then-Party Chair Ryan “didn’t have a clue” on how the 1992 Franklin County campaigns were going. “[She]…didn’t think Karnes had a chance. [She thought] Farlow could beat Miller,” Casey said. The latter is reference to the race for county prosecutor between Bev Farlow and successful incumbent Michael Miller.

Casey implies that Kostelac was forced in desperation to go to the pornography industry because of poor political decisions on the part of Ryan.

In her defense, Ryan says: “Everyone knows how hard I worked to get out the sample ballot and the election tabloid. And if I did something wrong, why would I list every donation from Greg right down to the dollar; and why would I have left that file in the Democratic Party headquarters if I had something to hide?”

Ryan insists “that Greg approached me. It was my understanding that he wanted to work for the party. After all, he wanted my job.” After Ryan’s resignation, Kostelac applied to chair the Franklin County Democrats and was not selected. Later, he applied to be chair of the Ohio Democratic Party, also unsuccessfully.

Casey also said that Kostelac went so far as to “whet Wolfe’s appetite” with a nasty, negative “TV script” about Smith to entice the donations. Casey refers to “Karnes’ stupidity,” as Kostelac circumvented his candidate’s wishes and cut a deal directly with Ryan.

Ryan is on record stating that Kostelac asked her for a loan and she told him: “…if he raised money for the party, then I would give him a loan.” The problem is that Ryan’s statement just doesn’t add up unless Kostelac was trying to launder money. Kostelac raised $14,000; he gives it to Ryan; she loans him $8,000, which the Karnes campaign pays back. That equals $22,000 for Fran and $0 for the Karnes campaign. The question remains, why didn’t Kostelac simply put the $14,000 into the Karnes campaign?

Alive has learned that other factors played into Kostelac’s decision as well. Kostelac was having financial problems at the time he took the money from the porn industry. An invoice dated November 18, 1992 from Kostelac to Ryan refers to an “oral agreement” between the two that would result in Kostelac being paid $6,000 if three conditions were met. First, Kostelac must raise the money to pay himself; second, Karnes must win the election; and third, the Karnes campaign had to pay back the $8,000 loan to the Franklin County Democratic Party.

According to Sheriff Karnes, his campaign paid Kostelac nothing. “I kept asking him ‘What do I owe you?’ and he kept saying ‘You don’t,'” Karnes recalls. Party insiders and Karnes campaign workers report that at the post-election victory party at La Scala Restaurant, Kostelac took possession of the Karnes campaign cash box instead of turning it over to the treasurer, reportedly to “settle up with Fran.” Sources report that this was the beginning of a falling-out between Karnes and Kostelac. Highly placed Karnes campaign sources and Franklin County staffers all report that the final break between Karnes and Kostelac came after Kostelac asked the Karnes campaign committee for a personal loan.

Sources in the Karnes campaign report around “five hundred dollars in bounced checks” from Kostelac. Alive has also learned that Kostelac bounced checks to various political campaigns and organizations. Check #1412 for $100 from Greg Kostelac and Associates dated October 25, 1993 to the Franklin County Democratic Party was returned for “insufficient funds.”

Tapes released by the Smith campaign indicate that at least two of the contributors lined up by Mark Wolfe may have gotten some or all of their campaign money from other individuals, possibly in violation of campaign law. One of the individual contributors who was given part of the $14,000 from Wolfe, Dr. Joanna Demas, states that “…It’s possible that he [Tom Wolfe, Mark Wolfe’s brother] gave me a majority of the money. But I made that donation because I believed in what I was doing. Now, maybe I was naive in not asking why is this made out to the Democratic Party and not to Jim Karnes.”

Cynthia DeSantis, a local hairdresser, was tapped while staying at Tom Wolfe’s house in Los Angeles. DeSantis, who also was one of the $2,000 contributors, states that she was “doing a favor for my best friend.” That friend was identified as Mark Long, an employee of Mark Wolfe. DeSantis says that, “I believe it was cash.”

First Unitarian Universalist Church of Columbus
93 West Weisheimer Road
Columbus, OH 43214-2544

On Friday, April 2, 7:30 PM, Dr. Robert Fitrakis, Editor, The Columbus Free Press, and Professor, Columbus State Community College, will lead a discussion of the film, “Capitalism: A Love Story.” The film will be shown, starting at 7:30PM, with the discussion of the film to follow. The showing and the following discussion are both free and open to the broad Columbus community.

Here are some key facts given emphasis within the film: Ronald Reagan opposed workers’ rights. During the Reagan administration, major corporations laid off tens of thousands of American workers while making enormous profits. “Since 1980, 2 million workers have been cut from the U.S. manufacturing payroll. Millions more have accepted – or been forced to accept – reductions in earnings.” As productivity increased, from 1980 to the
present, working people’s wages remained essentially frozen.

The richest had their taxes cut in half. The top marginal rate decreased from 70% in 1980 to 28% in 1989. Historical marginal tax rate tables are posted on the website of the Tax Policy Center. By 2008, total household debt grew to nearly one hundred percent of the GDP. The Federal Reserve Bank of St. Louis provides data on household
debt and on GDP. The stock market rose enormously from the time of Reagan’s election to the present. CEOs pay increased greatly from the time of Reagan’s election to the present.

According to Fortune magazine, GM made $4.86 billion in profit in 1989, while laying off over 40,000 workers. In Germany, unions help hire and fire the board of directors so the workers have a say in what’s going on.

Shortly before Christmas 2008, Chicago’s Republic Windows and Doors fired its entire unionized workforce of over 250 people, giving them only three days notice, and failing to pay legally required vacation
and severance pay.

Purchasing life insurance policies on non-essential employees is a common corporate practice, one referred to in the insurance industry as “Dead Peasants” insurance. Citigroup’s research department wrote three memos for investors concluding that wealth and power in the U.S. were increasingly concentrated in the hands of the top 1%, stating the top 1% of the population now have more financial wealth than the bottom 95% combined.

New York Times, April 24, 2009: “Although the average person has never heard of it, MERS – short for Mortgage Electronic Registration Systems – holds 60 million mortgages on American homes, through a legal maneuver that has saved banks more than $1 billion over the last decade but made life maddeningly difficult for some troubled homeowners.

The FBI warned of an approaching “epidemic” of mortgage fraud in 2004. CNN, September 17, 2004: “Rampant fraud in the mortgage industry has increased so sharply that the FBI warned Friday of an ‘epidemic’ of financial crimes which, if not curtailed, could become ‘the next S&L crisis.'” The FBI says that 80% of the mortgage fraud was induced by
the banks, not the individuals seeking loans.

Rocky Mountain News: “The FBI report said research indicates that 80 percent of mortgage fraud nationwide ‘involves collaboration or collusion by industry insiders.'”

Again, this film showing is free and open to all. Dr. Fitrakis will discuss the recent U.S. Supreme Court decision affecting the ability of corporations to finance political contests within America. If related information is desired, please contact the Church Office at (614) 296-6304.

With Sincere Regard,

Earl Wurdlow, Facilitator
Community Leaders Forum

Bob Fitrakis
March 26, 2010

Editor’s Note: I received this letter from Da’rryl Miguel Durr who is awaiting execution on Ohio’s death row. The state of Ohio plans to murder him on April 20, 2010. There are questions as to Mr. Durr’s actual guilt. This is nothing new in Ohio.

I received an award for Best Criminal Justice Reporting in Ohio for my investigation into the state’s wrongful execution of John Byrd (See the story in The Fitrakis Files: Free Byrd and Other Cries for Justice in our Online Store). The state of Ohio made similar mistakes in the conviction of John Spirko. Governor Ted Strickland commuted Spirko’s sentence to life in prison without the possibility of parole because of “the lack of physical evidence linking him to the murder.” Then-Governor Bob Taft had no problems allowing Byrd to be murdered, despite the lack of physical evidence and he endorsed the political maneuverings of then-Attorney General Betty Montgomery who fought blood and DNA testing requested by Byrd that would have exonerated him. Durr’s case, like Spirko’s and Byrd’s before it, is another clear cut example of inconsistencies in the state’s case. Once again the prosecution is fighting a DNA test as in the Byrd case. When there’s any doubt about the guilt of a condemned prisoner, the state should err on the side of caution. – Bob Fitrakis

Dear Mr. Fitrakis, how is your spirit?

I am an innocent prisoner here on Ohio’s death row. I am writing to you in the hopes that you may be able to help me in much the same way you were able to help John Spirko many years ago by publishing “Justice for John Spirko. Lies…deceit…deception. Ohio Justice System Dirty Little Secrets.”

Let me explain. I have evidence (and believe that the state is withholding other evidence) that if investigated would exonerate me. Here is a brief summary of evidence that exists:

1) Police reports that classmates and school officials reported that the alleged victim Angel Vincent, alive after the date of death. The jury never heard this and no appeals court has seriously considered it.

2) The states own scientific investigator tested blood, saliva, hair and soil samples, as well as fibers, collected from me and found nothing to tie me to the case. Trial lawyers never had this evidence tested to see if it linked anyone else to the crime. Recent DNA tests on slides collected from the body found by police were negative for any biological material from me and the state is fighting further DNA testing on other evidence they have. Their claim is that due to their mishandling of evidence collected, testing revealed no biological evidence that was useful, and what evidence that remains could be contaminated. They also claim that they lost, destroyed or misplaced any other evidence collected in my case. They refuse to look.

3) The defense never checked weather reports, (See State v. Keenan (1993) 66 Ohio St. 3d 402) following statements, made by the states only witness, that it was raining outside on the night of the crime, the alleged crime took place in January the middle of winter and it was snowing then. This would prove, as in Keenan, that events described by the witness could not have happened.

4) The defense never preserved an exculpatory tape with the voice of the states witness confessing to, and apparently planning the crime.

5) During my trial, judge Ralph J. McAllister told my trial lawyers that “I want to see his nigger ass in the chair for messing with white women”. An affidavit by trial lawyer Jerry Milano was ignored by all appeals courts. Ohio Supreme Court Chief Justice Moyer, in review of this claim, said there was not enough evidence to recuse the judge from my case. Circumstantial evidence is enough to execute a man in Ohio but it is not enough to get a judge recused from a case in which race was an omnipresent factor. I’ve included a copy of one of the articles that appeared in various newspapers around the state about this.

6) The defense never challenged the identity of the body even though the initial coroners report claimed the body was that of an adult between the ages of 25-35. Whereas Angel Vincent was 16 at the time of her disappearance.

7) The state witness had numerous contacts with the police and never claimed to know anything about the crime. She had been the victim of a robbery in Independence, Ohio and spoke to the police yet never claimed a crime had been committed. She gave numerous false addresses during this time.

8) The defense never questioned the states witness concerning statements she made on the stand that indicated she suffered from a mental disorder. during trial she was questioned concerning her threats to kill herself, and her child, if I didn’t come stay with her. She was afraid of being replaced in my life by someone else. She claimed it was because I made her feel like nothing. Shortly after I came to prison, she began to abuse, neglect, and molest her daughter. Later she abandoned her. ~~She has been diagnosed as schizophrenic. Had my lawyers known this at trial, or questioned the mental state of someone threatening to kill herself, I believe it would’ve changed the outcome of the trial.

These are but a few examples. I’ve written various Innocence Project organisations for a while now trying to get someone to investigate my case but it has been to no avail. I hope that you will reply to me in some fashion,

May YAHWEH bless and keep you in His perfect care.

Da’rryl Miguel Durr 207889
878 Coitsville-Hubbard Road
Youngstown, Ohio 44505

Durr State’s MOJ

Lawyer ask Chief Justice to disqualify judge

Letter requesting Clemency Support

Response on Lawyer asking Chief Justice to disqualify judge

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