GOOD NEWS FROM MARLBORO! CHANGE IN BOARD OF TRUSTEES MAKING ALL THE DIFFERENCE IN THE WORLD!!! HOWEVER, STILL NO APOLOGY FROM PROSECUTOR FERRERO TO CHIEF DEVIES.

 

Dave Wolf chose not to run again as trustee in Marlboro Township.  As for that "Wise guy," he had to be drug out kicking and screaming by the voters of Marlboro.  In the November election just past, "former" trustee Tim Wise got only 244 votes.

The SCPR hears that Wise was telling friends that he was confident of a win as indicated by pats on the back he was getting from his many friends and well-wishers.

Talk about living in a cocoon?

Well, we all now know that Wise was only fooling himself.

Recently, The Report had an exchange of an email and telephone conversation with Police Chief Ron Devies.

The Devies family is iconic in Marlboro Township for the family's many years of service in varying capacities to the community of Marlboro.  It appears to the SCPR that  being looked up to -  made the chief a target of the egotistic former trustees Wolf and Wise.

What is particularly offensive and outrageous about the whole Wolf/Wise/Devies saga to the SCPR, is the failure of the Stark County criminal justice system at the the sheriff and prosecutor level.  The judiciary (Judge Lee Sinclair) did right the obvious wrong that the Devies had been put through..  But we all should shake in our boots at the low, low quality of work done by Sheriff Tim Swanson (Rick Perez) and Prosecutor Ferrero (Dennis Barr).

But matters are on the mend in Marlboro.

In his email to the SCPR, this is what the Chief had to say about conditions in Marlboro, to wit:

Everything is going great since the new board is in. My wages have been compensated and I know enjoy working with three men who are professionals and mutual respect is shared rather than the oppressive micro-management and leadership lacking a clue, that we endured the last four years. Ken Eddleman has proven to be a die hard worker that goes above and beyond his job description.........in a real good way!

In a follow-up telephone conversation, Chief Devies related to The Report a situation in which he and Prosecutor Ferrero were seated within one person of each other at the head table of an event.

We all know that it is very difficult to sit virtually next to someone who has had such a prominent place in your life and nary a word being spoken between the two.

One can understand Devies not initiating a conversation because he was a Ferrero victim.  For if he had, it would have been - if it were yours truly - something like "why did you try to ruin my life over what was obviously a communications problem?"

But Ferrero?  A man charged with doing justice for Stark Countians, should have found a way to say something like:  "Ron, I want you to know that I understand we obviously made a mistake in the handling of your case.  I wish I could undo what we put you, your family and the people of Marlboro through, but I can't.  However, I do apologize and promise to do a much better job in similar situations as they arise."

Unless and until Prosecutor Ferrero (and for that matter, Chief Deputy Rick Perez or his boss Sheriff Tim Swanson) make an apology, Stark County voters should not consider returning the offenders to office or, in the case of Rick Perez, electing them to office.

The Devies matter goes down in the annals of Stark County law enforcement history as a high ranking grievous offense against the Devies family and all the citizens of Stark County.

There, but for the grace of God - with a prosecutor like John Ferrero and a sheriff like Tim Swanson, we all go!

Despite the travail the Devies matter wrought, some good did come of the ordeal.  Marlboro now has a trustee (Eddleman) who is doing what trustees ought to be doing and a community is on the mend and the wiser in being on the lookout for office seekers with ego problems.

MARLBORO TWP POLICE CHIEF RON DEVIES INFURIATES PROSECUTOR JOHN FERRERO OVER STARK COUNTY POLICE CHIEFS' ASS'N FAILURE TO ENDORSE ISSUE 5. SO MUCH SO THAT FERRERO STORMS OUT OF AMISH DOOR RESTAURANT IN A HUFF!

UPDATE:  10/15/2009 AT 7:30 PM

EMAIL FROM CHIEF DEVIES:

I just wanted to clarify that my comments were not to suggest ALL county agencies were ineffectively managed. There are many county agencies I have no experience with and thus have no opinion on. I am also in NO way a spokesperson for the Stark County Police Chief's Association. I support 911 and am not opposed to central dispatch. I am opposed to the management model. In my own opinion I would prefer a system similar to RED Center or Cencom where the users oversee the management of the system and not politicians. But again this is only one police chief's opinion.

Chief Ron Devies

Prosecutor John Ferrero and Police Chief Ron Devies (Marlboro Township) tangle again.

TANGLE #1


Back in January, 2009 when Ferrero weighed in on the side of Marlboro trustees Tim Wise (the son of a former [retired] Stark County judge and brother of a former Stark County prosecutor) and Dave Wolf over a communication problem involving the termination of Devies' son Kyle as the Township computer system maintainer.

The SCPR has editorialized frequently that it was an outrage that Ferrero, in his role as county prosecutor, let the communication problem escalate into felony criminal charges against Devies and his son.

Ferrero (former Stark County Democratic Party chairman and for whom Tim Wise's brother worked), in the opinion of the SCPR, tried to duck the political ramifications of  the Marlboro matter by sending it to a for grand jury consideration.  It is a well-known adage that any prosecutor worth his salt can "get a grand jury to indict a ham sandwich."  

The SCPR believes that Ferrero's handling of the situation reeked of politics.  From the outset, yours truly (though an attorney, not a criminal defense attorney) predicted that if the case went to trial, there would be an acquittal.

What Ferrero should have done is brought in an outside Stark County prosecutor to evaluate the Devies situation.  His handling of this case was a disservice to the Wise family, the Devies family and to the Stark County public.

Ferrero owes all the aforementioned an apology.

But don't hold your breath for that to happen.

Typically, prosecutors across America want law enforcement officers to build pretty much air tight cases before agreeing to prosecute.  In fact, police officials frequently get upset with prosecutors because the officials thing they have worked up a good case; only to have the prosecutor refuse to take the case forward.

The SCPR believes that Ferrero is no exception.


So why didn't he deal with the Devies case proportionally?

Ferrero even sent his "top gun" Dennis Barr in to try the case.  That's how into a conviction Ferrero was.

But it didn't work.

Rick Perez (the man who wants to succeed Tim Swanson as Stark County sheriff) did not distinguish himself in his investigation of the Devies father and son and his case fell apart when tried before Judge Lee Sinclair of the Stark County Court of Common Pleas.

Judge Sinclair dismissed all charges at the end of the prosecution's case.  Talk about a legal "slam-dunk?"  Ohio versus Ron and Kyle Devies is a classic case of "no case."

The best prosecutor in all of America could not have gotten a conviction of the Devises.

TANGLE #2

 Earlier today the Stark County Police Chiefs Association had its monthly meeting at the Amish Door Restaurant in Wilmot (located in extreme southwest Stark County).

One of the agenda items was whether or not the Association would endorse the retention of the county commissioners' imposition of a 0.50 sales/use tax increase in December, 2008.

Who should step up to the microphone?

You've got it.  Marlboro Township Police Chief Ron Devies.

Devies tells the SCPR that he opposed endorsing Issue 5 because there is too much inefficiency in Stark County government.  Moreover, he says that he told the assembled police chiefs that the only two county agencies which are efficient are the Stark County Crime Lab and the Stark County Parks.  In his conversation with The Report, Devies added that he failed but intended to include the Stark County coroner's office.

Although he was not aware of it at the time, Devies says that he was told by other chiefs that upon hearing the Devies evaluation of the quality of Stark County government, Prosecutor Ferrero, visibly upset, got up from his table and left.

One more interesting thing.  Ferrero was so upset that he left without paying his bill.  The SCPR understands that Ferrero did call back to the restaurant to apologize for not paying his bill.

It is reported that Jackson Chief of Police Harley Nester came to Ferrero's rescue.

Undoubtedly, the folks at the Amish understood the Ferrero goof.


THE FINAL WORD

The failure of the Stark County Police Chiefs Association to endorse Issue 5 could be a serious blow to the issue's chance of surviving the Stark Citizens for the Right to Vote repeal effort.

And it doesn't help that Prosecutor Ferrero (who, The Report, understands does not attend many of the Chiefs' monthly meetings), chose to through a temper tantrum today.

But as the SCPR has written about Ferrero before, it does not appear to yours truly that Ferrero exercises sound jusgment in his capacity as Stark County prosecutor!

IS MARLBORO TRUSTEE DAVE WOLF BEING OVER OPTIMISTIC?

In Marlboro Trustees Meet in Regular Session (July 17), Karen Humphries of the Hartville News reports:

... Dave Wolf stated that he "personally" feels that the issue regarding reimbursement of Ron and Kyle Devies for legal fees ... is "behind us."

Well, the SCPR is not so sure about Wolf's "personal" feeling.

Yours truly spoke with Ron Devies a few days ago and he says that still expects to be reimbursed for legal and medical expenses. However, the thinking now is that these matters are better left to a new board of trustees. Devies seems to be confident that a new board will treat him and Kyle fairly which, if fairness prevails, could obviate the need for litigation.

Devies believes that Wolf will not be running again and that Wise will be soundly defeated if he actually files to run.

Devies says that things have settled down in the township except for a needling irritation or two from at the hand of Trustee Wise.

Devies cited the example of his taking a police vehicle that is some ten years old to a local auto body person for an estimate for repairs so as to extend the useful life of the vehicle. According to Devies, Wise got wind of it and insisted that he get competitive bids which Devies says he is okay with.

Apparently, the getting multiple bids scenario grew out of challenges made to the trustees for going out and getting Compu-Tek to replace Kyle Devies as the maintainer of the township computer system without first getting competitive bids.

It appears relationships are still tender in Marlboro.

In the opinion of the SCPR, it will take the Wolf not running (or being defeated, if he does decide to run) and Wise being defeated, if he chooses to file and run, before normalcy returns to Marlboro Township.

MARLBORO TOWNSHIP RESIDENTS TO STAY AWAY IN LARGE NUMBERS FROM TRUSTEES "DEVIES" WORK SESSION ON MONDAY?

UPDATE: 12:30 P.M.

COMMENT FROM LARRY DORDEA. Officer Dordea was Sheriff Swanson's opponent in November, 2008 and plans to run for sheriff again in November, 2012.

COMMENT FOLLOWS:

Mr Olson,

I spent two days outside the courtroom so I was not privy to the opening statements. The Devies' are fine men and their attorneys some [sic] up the situation with a level of clarity that needs to be seen all throughout Marlboro Township. This was a political witch hunt that was aided and abetted by the Stark County Sheriff's Office and the Stark County Prosecutor’s Office. There is no excuse for the way this went down, both county offices were represented by their "heavy hitters", their notorious "big guns". You have done a much needed service by making this video available to the public. Thank you for taking the time and putting forth the effort to follow this unwarranted criminal case to its conclusion.

I agree with you that apologies are in order but these offices and their representatives have a history of the hard line. No apologies and no explanations. I sincerely doubt that they are sorry for anything but losing the case and I doubt they are ashamed of the shoddy work that they did. What has happened to our once outstanding sheriff’s office?

To Ron and Kyle, I am ashamed, both as a lifetime law enforcement officer and as a life time Stark County resident. Neither of you deserved the mistreatment that you suffered and you have proven the quality of your character both during this prolonged persecution and every day since your vindication. I have no idea where all of this will eventually lead but know that many good people believe in you and will stand with you. May god bless you and keep you safe.

Larry Dordea

ORIGINAL POST

Marlboro Township trustees (except for Wayne Schilig) are still on the hot seat for the way they handled a misunderstanding between them and former employee Kyle Devies.

On January 5, 2009, the trustees decided to dismiss township computer specialist Devies, but gave him a very short timeline (one day) to transition the computer system from software he personally owned to that owned by the township.

Consequently, there was a glitch that caused some of the township's computers to be inoperative for a period of time.

Relationships between Kyle's father Ron (Marlboro police chief) and Trustees Wise and Wolf have been strained from the time the two first took office in January, 2010.

The SCPR's understanding of the Devies' position is that Wise and Wolf have been on Ron's case ever since, looking for a reason to get at him - one way or another.

SCPR blog readers can search the blog for videos featuring Chief Devies describing the run-ins with the Wise/Wolf duo searching per the graphic to the immediate left of this text.


A number of township residents believe that Wlse and Wolf pounced on the computer glitch and Ron's effort (an advisory role) to help Kyle to make the switch properly and lawfully as an opportunity to make a law enforcement matter out of the incident.

The result was that Ron and Kyle were charged with one count each with 4th degree felonies (obstructing public business) and Ron with additional misdemeanor count (dereliction of duty).

The SCPR has already opinionated in this blog about the monumental failure of the Stark County sheriff and prosecutor to screen out what the SCPR believed from the get-go as being a obvious non law enforcement matter.

Stark County Common Pleas Judge Lee Sinclair did his part to see that justice was done to the Devies by dismissing the case at the end of the prosecutor's presentation of evidence.

But the battle rages on to restore the Devies - as nearly as possible - to the situation they were in before being put through a totally uncalled for law enforcement process (i.e. being formally indicted).

No apologies from the sheriff, the prosecutor nor Trustees Wise and Wolf.

Ron Devies says that Trustee Wise is adamantly opposed to compensating he and his son for their expenses incurred in connection with the event. Wolf reportedly is waffling on the matter, while Trustee Schilig is for compensating.

So has justice been done?

Only partly: Judge Sinclair's decision.

For the fullest measure of justice to occur (in the opinion of the SCPR), Sheriff Swanson, Prosecutor Ferrero and Trustees Wise and Wolf would have to write public apologies. Moreover, the trustees would have to compensate the Devies for their expenses.

The trustee have called a "work session" for Monday, June 15th to hear township residents on the Devies matter. The SCPR hears that residents are so skeptical of the sincerity of the meeting, that many do not plan to attend. Ron Devies himself has told The Report that he will be unable to attend.

The SCPR is including in this blog posting a video of the opening statements of Prosecutor Dennis Barr and defense attorneys Jeff Jakimedes (Kyle Devies) and Richard Reinbold (Ron Devies).

The video provides an outline of how the trial proceeded.

The video is immediately below.http:

HAS RICK PEREZ'S CONDUCT IN "DEVIES" CASE DAMAGED SHERIFF'S OFFICE RELATIONSHIP WITH ALL OF STARK COUNTY LAW ENFORCEMENT?

When Stark County Sheriff Chief Deputy Rick Perez took the witness stand in the Marlboro Police Chief Ron Devies, he - at the very minimum - in his testimony embarrassed the Stark County Sheriff's department, or - at the worse - did irreparable harm to Stark County law enforcement.

Who says?

A leading Stark County law enforcement person has told the SCPR that Perez's testimony shook the Stark law enforcement community.

How so?

The response. "How can we ever trust the Sheriff's department ever again?" "Perez's conduct will have a chilling effect on how non-sheriff-department police relate to and deal with the sheriff's office."

What did the testimony reveal?

First, he testified that when he appeared at Township Hall on January 7, 2009 to investigate allegations by Trustee Tim Wise that criminal conduct may have been committed by Police Chief Devies and his son Kyle involving township computers; he was wearing a "secretly" placed wire.

It was obvious from the wire recording played in court that Ron Devies was being very forthcoming on his version of the incident. In fact, from an evidence standpoint, Prosecutor Dennis Barr's introduction of the wire recording was a dumb move because it helped the defense much more than the prosecution.

Defense attorneys Jeff Jakimedes and Dick Reinbold objected to the use of the recording (which they should be glad Judge Sinclair overruled), alleging possible violations of federal/state wiretapping laws.

Aside from the damage the recording did to the prosecution's case, when word got out that Chief Deputy Rick Perez might be wearing a "secret" wire when dealing with area police officers; a disbelieving murmur likely arose among Stark County law enforcers.

Second, Perez testified that he initiated the investigation of the Devies on the "hearsay" of Trustee Tim Wise. The import? Charging into an investigation of a township law enforcement official on the basis of "hearsay." Really? How many "hearsay" reports of law enforcement officials violations of law does Sheriff Swanson's department launch investigations on, anyway?

It is reported that Sheriff Swanson is grooming Perez to succeed him. Some Stark County politicos see it this way. Swanson will serve the better part of his term and then step down and have the Stark County Democratic Party Executive Committee appoint Perez as his successor.

This way Perez can run as "retain Sheriff Perez."

When Larry Dordea ran against Sheriff Swanson in 2008, a considerable number of Stark County police officials supported Dordea including Police Chief Devies (hum?).

Wouldn't it be an interesting twist, if the Devies investigation and prosecution became the undoing of the aspirations of Chief Deputy Perez to be the next Stark County sheriff?

Dordea is openly telling one and all that he plans to run for sheriff again in 2012.

You can bet that Ron Devies will be at the forefront in the campaign.

And, given what many Stark County law enforcers view as "a breach in trust" as manifested in the Devies case, it is likely that Rick Perez - if he is the Democratic candidate - will have nearly all of Stark County law enforcers supporting Dordea.

The consequences to Perez?

Rick Perez can kiss his "I want to be sheriff" aspirations - goodbye!