Edward "Ed" Esposito is vice-president, information media for the Rubber City Radio Group. He oversees news and public affairs programs for www.AkronNewsNow.com, 1590 WAKR, 97.5 WONE and 94.9 WQMX. He is Secretary-Treasurer of the Radio Television Digital News Foundation; a former chair of the Radio Television Digital News Association and Foundation and a former president of the Ohio Associated Press Broadcasters Association. He's also served as a member of the Akron Press Club , Kent State University Student Media Advisory Board, Ohio Open Government Coalition, Northeast Ohio AMBER Task Force. He's lectured on broadcasting and journalism for the University of Missouri in China, as well as across the country for RTDNA and RTDNF. You can reach Ed through the newsroom at 330-864-6397 or by email eesposito@rcrg.net
Deputies in Portage County are looking for help finding a man who shoved an elderly woman to the floor, breaking her hip, before emptying her purse and taking off on foot.
The information to go on is slim; Sheriff David Doak describes the thief as white, approximately 5'10" tall and 150 pounds. The thief was wearing a knit cloth at the time of the attack.
The victim is an 87-year old woman in Nelson Township. She told police she answered the door at her home in the 11-thousand block of State Route 88 and that's when the man shoved her to the floor, came into the home and stole money from her purse.
- - -
(Portage County Sheriff - news release) Portage County Sheriff David W. Doak is requesting the public’s assistance in the investigation of an Aggravated Burglary that occurred on Tuesday, November 13, 2012 at approximately 3:30 PM.
The incident location was at a residence in the 11200 block of SR 88 in Nelson Township, Portage County. This is the residence of an 87 year old female victim. On this date a male subject came to the door and knocked. When the victim went to the door and opened it, the male subject shoved the victim causing her to fall to the floor resulting in a broken hip. The male subject entered the residence at which time he went into the victim’s purse and removed an undisclosed amount of money. The male subject then fled the residence on foot.
A search of the area was conducted but the male subject was not located. The male subject was described as being a white male, approximately 5’ 10 tall, 150 lbs. The subject had his face covered with a knit cloth.
Sheriff Doak is requesting that anyone with information concerning this incident to please contact the Portage County Sheriffs Office at 330-296-5100.
A 19-year veteran of the Akron police department -- a Detective -- has been charged with crimes many consider the worst of the worst. And he was brought down by his own department after a two-month investigation.
Charged in a secret Grand Jury indictment, 52-year old Bob Pankonien, Jr. is named on 13 counts relating to sex charges against a minor -- in this case a victim under the age of 13, including sexual contact, corrupting with drugs and even using police computer systems illegally.
The court documents say the victim -- or victims, their names were redacted -- were under 13 years of age and named Pankonien as either parent, stepparent, guardian, custodian or person holding parental responsibility. The charges contained in a secret grand jury indictment covers alleged crimes as far back as 1992 into 2009, and pandering sexually oriented material as recently as September of this year with a minor.
Pankonien is suspended without pay as the case continues. He was was arrested and booked in the Summit County Jail. He's out on $50,000 bond.
Akron Police Chief James Nice said in a statement released late Friday "The Akron Police Department if comprised of honorable men and women dedicated to serving and protecting the citizens of Akron." He promised to "...do whatever it takes to preserve the trust of the public..." in monitoring the case.
- - -
(Akron Police Department) After a two-month long investigation, 52 year old Akron Police Detective Bob Pankonien, Jr. was indicted by the Summit County Grand Jury. The charges include Pandering Sexually Oriented Material Involving a Minor, Sexual Battery, Gross Sexual Imposition, Sexual Imposition and Unauthorized Use of the Ohio Law Enforcement Gateway.
Detective Pankonien is a nineteen-year veteran of the Akron Police Department and is currently assigned to the Investigative Sub-Division Burglary Unit.
He was booked earlier today into the Summit County Jail and released on a $50,000, ten percent bond. The Akron Police Department has placed him on administrative leave without pay pending the outcome of the criminal case.
'The Akron Police Detective is comprised of honorable men and women dedicated to serving and protecting the citizens of Akron. I will closely monitor the legal process in this matter and do whatever it takes to preserve the trust of the public we are sworn to service", stated Chief James Nice.
Brett X. Hartman's time is running out as his execution looms next week. Governor Kasich is among those who won't step in at the last minute with clemency.
The Governor was one of the final executive avenues left open for Hartman, 38, who's been on death row since he was convicted in the 1997 murder of Winda Snipes in Akron. Earlier this week U.S. District Judge Gregory Frost turned aside appeals from lawyers seeking to delay Hartman's executions on the grounds the State of Ohio wasn't following its own policies and procedures during executions.
Frost ruled changes in the state execution policies didn't violate Hartman's constitutional rights, even deciding the execution process could legally include a decision to cut off an inmate's last statement. Frost has ruled against Ohio's system in the past, but now rules it is constitutional.
Hartman still has the appeals process available in other federal courts. He's scheduled to die by lethal injection on Tuesday, November 13 at the Southern Ohio Correctional Facility in Lucasville.
- - -
(Governor Kasich news release) Today Gov. John R. Kasich denied a request for executive clemency for Brett Hartman, who was convicted for the aggravated murder of Winda Snipes in 1997 in Akron. Hartman is scheduled to be executed on November 13th at the Southern Ohio Correctional Facility in Lucasville. In October, the Ohio Parole Board unanimously recommended against clemency for Hartman.
On this Veteran's Day Weekend, a local company is hoping another choice in the flag you fly will help honor those who've served.
Canton-based RS Sewing is already America's top maker of flags on sticks. Those are the small flags you'll see at military gravesites and other locations. Now the company is making a flag specifically honoring Veterans Day, with ten percent of proceeds going to support veteran service charities. The company says their flags are 100% American made, and will stay that way.
- - -
(RS Sewing - news release) With Veterans Day right around the corner (November 11th), flags will be flying to honor those who have served in our country's military. But keeping the tradition close to home, Canton based flag company RS Sewing has produced a flag 100 percent USA made to honor veterans nationwide. The company is also donating 10 percent of all Veteran's Day flag proceeds to Ohio based veteran charities to show support for their services.
The Veteran's Day flag, seen at left, measures 3'x5' and honors multiple divisions of the military including: Army, Marines, Navy, Air Force, and Coast Guard, making it the perfect gift for any veteran this holiday.
In addition, the flag is also available in smaller 12"x18" sizes for gravesites. The goal of R.S. Sewing is to get cemeteries to put this flag on every veteran's grave to distinguish and honor veterans from other gravesites in the cemetery. This is a company goal and mission.
"With Veterans Day right around the corner, we really wanted to honor those who have served our country," said Richard Spencer, owner of RS Sewing. "Right now if you glance at a cemetery, you see American flags everywhere, which is great, but it does not tell you who or where the veterans can be found in the cemetery. For families and friends of those who have passed, this is very frustrating. We wanted to come up with a solution making it easier to find veteran family members and friends, while also honoring their memory," continued Spencer.
In addition to creating specialized flags for the upcoming holiday. RS Sewing is also the largest supplier of American made stick flags in the United States. All of the materials used to create their flags are 100 percent made in the U.S.A. Unlike other flag companies who import from China and overseas for parts, RS Sewing makes it a point to manufacture and produce everything locally.
"Being a 100 percent American based company is something that was very important to us when we established our company. We take serious pride in being American made and providing for American families," said Spencer. "For that reason, we will always be 100 percent made in America, provide quality products for our customers, and find ways to give back to our troops."
The company is selling it's flag online through this website address.
October ‘12 / October ’11 & YTD
|
|
October 12
|
October 11
|
October
% Chg.
|
YTD
October 12
|
YTD
October 11
|
YTD
October % Chg.
|
|
ACURA
|
179
|
152
|
17.76%
|
1527
|
1395
|
9.46%
|
|
AUDI
|
104
|
112
|
-7.14%
|
1134
|
1044
|
8.62%
|
|
BMW
|
222
|
188
|
18.09%
|
1967
|
1952
|
0.77%
|
|
BUICK
|
380
|
273
|
39.19%
|
3877
|
4119
|
-5.88%
|
|
CADILLAC
|
258
|
247
|
4.45%
|
2468
|
2882
|
-14.37%
|
|
CHEVROLET
|
2238
|
2024
|
10.57%
|
24477
|
26432
|
-7.40%
|
|
CHRYSLER
|
420
|
430
|
-2.33%
|
4910
|
3841
|
27.83%
|
|
DODGE
|
847
|
641
|
32.14%
|
7731
|
7121
|
8.57%
|
|
FIAT
|
35
|
34
|
2.94%
|
343
|
204
|
68.14%
|
|
FORD
|
2825
|
2883
|
-2.01%
|
30832
|
29837
|
3.33%
|
|
FREIGHTLINER
|
132
|
81
|
62.96%
|
473
|
323
|
46.44%
|
|
GMC
|
549
|
487
|
12.73%
|
5390
|
5475
|
-1.55%
|
|
HINO
|
3
|
3
|
0.00%
|
34
|
24
|
41.67%
|
|
HONDA
|
1547
|
1443
|
7.21%
|
15904
|
14737
|
7.92%
|
|
HYUNDAI
|
935
|
774
|
20.80%
|
9036
|
8833
|
2.30%
|
|
INFINITI
|
95
|
86
|
10.47%
|
955
|
991
|
-3.63%
|
|
INTERNATIONAL
|
70
|
41
|
70.73%
|
821
|
499
|
64.53%
|
|
ISUZU
|
8
|
6
|
33.33%
|
86
|
52
|
65.38%
|
|
JAGUAR
|
7
|
6
|
16.67%
|
54
|
61
|
-11.48%
|
|
JEEP
|
922
|
581
|
58.69%
|
7430
|
5517
|
34.67%
|
|
KENWORTH
|
27
|
26
|
3.85%
|
203
|
113
|
79.65%
|
|
KIA
|
998
|
966
|
3.31%
|
11803
|
11178
|
5.59%
|
|
LAND ROVER
|
30
|
22
|
36.36%
|
255
|
229
|
11.35%
|
|
LEXUS
|
261
|
134
|
94.78%
|
1855
|
1654
|
12.15%
|
|
LINCOLN
|
120
|
127
|
-5.51%
|
1418
|
1506
|
-5.84%
|
|
LOTUS
|
0
|
0
|
0.00%
|
6
|
7
|
-14.29%
|
|
MACK
|
8
|
5
|
...
Akron-based FirstEnergy says it's restored power now to 2.1 million of the 2.3 million customers knocked off line by Hurricane Sandy.
About 200-thousand remain, mostly in New Jersey and West Virginia, and service is expected to be restored by the weekend but another major storm front looms for the east coast.
At it's Sandy-height and afterwards FirstEnergy northeast Ohio customers numbered 423-thousand. Most of those waiting the longest were in Cleveland's western suburbs.
- - -
(FirstEnergy news release) FirstEnergy (NYSE: FE) utilities have restored service to more than 2.1 million of the 2.3 million customers across its six-state service territory who lost power following Hurricane Sandy last week.
Most of the 199,000 FirstEnergy customers in New Jersey and West Virginia who remain without power will be restored by the end of this weekend.
As part of the largest storm restoration effort in the company’s history, more than 19,000 FirstEnergy employees, outside contractors and utility workers teamed to restore service after Hurricane Sandy’s severe winds and precipitation left thousands of downed trees and branches, significant flooding and, in some areas, heavy snow in its wake. More than 595 miles of cable and wire, 23,000 crossarms, 7,200 utility poles and 3,200 transformers have been used as part of the massive restoration effort.
Across FirstEnergy’s utilities, wide-reaching Hurricane Sandy affected 1.2 million Jersey Central Power & Light (JCP&L) customers in New Jersey; 423,000 customers of Cleveland Electric Illuminating Company (CEI), Ohio Edison and Toledo Edison in Ohio; 397,000 customers of Metropolitan Edison (Met-Ed), Pennsylvania Electric Company (Penelec), West Penn Power and Penn Power in Pennsylvania; 201,000 Mon Power customers in West Virginia; and 150,000 Potomac Edison customers in Maryland, West Virginia and Pennsylvania.
While outage restoration work is now complete in most FirstEnergy service territories, steady, around-the-clock restoration efforts continue in New Jersey and West Virginia.
JCP&L’s best forecast is that the remaining 177,000 customers will be restored by Saturday, November 10. There may be isolated pockets of customers located in inaccessible areas or who have individual flooding or downed line issues that will take longer.
In West Virginia, damage caused by high winds and deep snow has hindered the restoration process in the higher elevations. The majority of the remaining 19,000 Mon Power customers are expected to be restored by midnight Friday. Restoration for customers in the most heavily damaged areas, including parts of Barbour, Braxton, Clay, Nicholas, Preston, Randolph, Tucker, Upshur and Webster counties, may continue into the weekend.
As restoration continues, FirstEnergy utilities are monitoring changing weather conditions today as a nor’easter affects the east coast. The storm has the potential to slow restoration efforts or cause new outages. However, safety permitting, personnel already in place will continue to work through the storm.
12:02 a.m. FINAL
President Barack Obama won America because he won Ohio.
Most of the network and major news organizations called the race around 11:15 p.m. Tuesday evening after Mr. Obama's commanding early voting lead slipped to a razor-thin lead as Ohio precincts started pouring in, but a lead is a lead.
And it was enough to reclaim the White House.
It was a big night in Ohio for incumbents, for the most part, statewide and locally.
Issue 2 lost but both sides sounded as though they wanted to continue the discussion over how to better redraw political boundaries every ten years.
Senator Sherrod Brown called his victory a "win for the middle class" in a speech marked by his lost voice; Wadsworth Republican Jim Renacci beat Copley Township Democrat Betty Sutton. In other Congressional races Joyce, Gibbs and Ryan were elected. Fudge was unopposed and Kaptur won along the Lakeshore.
In Summit County every incumbent executive official was re-elected. Steve Barry easily won the Sheriff's race. Incumbent legislators including State Senator Tom Sawyer and State Representatives Sykes, Milkovich, Roegner and Slaby won. State Representative Republican Anthony DeVitis was behind most of the night in his race against Democrat Paul Colavecchio but the late precincts from Green gave the incumbent the lead back.
In the key races for Judge incumbents again won, including Amy Corrigal-Jones in a win over John Fickes. Voters also gave Tammy O'Brien a decisive 55-45% win over Municipal Court Judge Kathryn Michael, who was seriously wounded politically when she was admonished for telling a defendant from the bench to "remember her" in the election during a sentencing. She later said she was joking, and apologized. Elinor Marsh Stormer beat fellow Common Pleas Judge Allison McCarty for Probate Judge.
Among the local issues Akron's council members will serve four year terms and a unified election cycle with passage of Issue 3; Akron School's Issue 61 levy and the Children's Services Issue 73 were big winners.
Local school districts were mixed, with Hudson, Stow-Munroe Falls, Coventry, Norton, Twinsburg and Woodridge all winners while Tallmadge, Barberton and Nordonia Hills will have to try again.
Norton's Fire Levy won approval in a reversal of when voters turned aside spending for evening and overnight fire protection. The issue came to a head when a church burned to the ground during off-hours, serving as a reality check. Even then, the levy passed by a mere 53-46%.
Green had a slew of local isssues on the ballot but the most noteworthy was voter direction to prohibit any development of gambling-related businesses. The issue rose when Thistledown race track owners floated the idea of relocating to Green from Cuyahoga County. Proponents later abandoned the idea, but opponents wanted to be sure any future City administrations would be prohibited from entertaining the notion.
SUMMARY REPORT 2012 General Election Unofficial Results
Run Date:11/06/12 Summit County
RUN TIME:11:45 PM November 6, 2012
VOTES PERCENT
PRECINCTS COUNTED (OF 298). . . . . 289 96.98
REGISTERED VOTERS - TOTAL . . . . . 356,691
BALLOTS CAST - TOTAL PAGES. . . . . 503,603
BALLOTS CAST - TOTAL. . . . . . . 251,592
BALLOTS CAST - TOTAL PAGE TWO. . . . 252,011
VOTER TURNOUT - TOTAL . . . . . . 70.54
President and Vice President
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Barack Obama (DEM) . . . . . . . 141,026 56.66
Mitt Romney (REP). . . . . . . . 103,960 41.77
Gary Johnson (LIB) . . . . . . . 1,882 .76
Jill Stein (GRN) . . . . . . . . 688 .28
WRITE-IN. . . . . . . . . . . 587 .24
Richard Duncan. . . . . . . . . 417 .17
Virgil Goode (CON) . . . . . . . 282 .11
Stewart Alexander (SOC). . . . . . 64 .03
United States Senator
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Sherrod Brown (DEM) . . . . . . . 139,760 57.39
Josh Mandel (REP). . . . . . . . 92,251 37.88
Scott A. Rupert . . . . . . . . 11,531 4.73
Representative to Congress
11th District
(Vote for not more than ) 1
(WITH 63 OF 63 PRECINCTS COUNTED)
Marcia L. Fudge (DEM) . . . . . . 31,647 100.00
Representative to Congress
13th District
(Vote for not more than ) 1
(WITH 124 OF 128 PRECINCTS COUNTED 96.88%)
Tim Ryan (DEM). . . . . . . . . 59,749 68.53
Marisha G. Agana (REP) . . . . . . 27,443 31.47
Representative to Congress
14th District
(Vote for not more than ) 1
(WITH 82 OF 84 PRECINCTS COUNTED 97.62%)
David P. Joyce (REP). . . . . . . 32,800 52.23
Dale Virgil Blanchard (DEM) . . . . 25,732 40.97
Elaine R. Mastromatteo (GRN) . . . . 2,133 3.40
David Macko (LIB). . . . . . . . 2,074 3.30
WRITE-IN. . . . . . . . . . . 63 .10
Representative to Congress
16th District
(Vote for not more than ) 1
(WITH 48 OF 51 PRECINCTS COUNTED 94.12%)
Betty Sutton (DEM) . . . . . . . 19,558 50.72
Jim Renacci (REP). . . . . . . . 19,000 49.28
State Senator
28th District
(Vote for not more than ) 1
(WITH 172 OF 178 PRECINCTS COUNTED 96.63%)
Thomas C. Sawyer (DEM) . . . . . . 95,890 71.62
Robert Gregory Roush (REP). . . . . 37,989 28.38
State Representative
34th District
(Vote for not more than ) 1
(WITH 59 OF 59 PRECINCTS COUNTED)
Vernon Sykes (DEM) . . . . . . . 37,464 80.94
Ronya Jeanette Habash (REP) . . . . 8,820 19.06
State Representative
35th District
(Vote for not more than ) 1
(WITH 52 OF 55 PRECINCTS COUNTED 94.55%)
Zack Milkovich (DEM). . . . . . . 25,376 71.26
Kevin G. Mitchell (REP). . . . . . 10,232 28.74
State Representative
36th District
(Vote for not more than ) 1
(WITH 67 OF 70 PRECINCTS COUNTED 95.71%)
Anthony DeVitis (REP) . . . . . . 26,587 52.62
Paul V. Colavecchio (DEM) . . . . . 23,940 47.38
State Representative
37th District
(Vote for not more than ) 1
(WITH 69 OF 71 PRECINCTS COUNTED 97.18%)
Kristina Daley Roegner (REP) . . . . 30,530 54.06
Tom Schmida (DEM). . . . . . . . 25,944 45.94
State Representative
38th District
(Vote for not more than ) 1
(WITH 51 OF 52 PRECINCTS COUNTED 98.08%)
Marilyn Slaby (REP) . . . . . . . 21,594 54.80
Michael J. Kaplan (DEM). . . . . . 17,812 45.20
Summit County Executive
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Russ Pry (DEM). . . . . . . . . 140,647 62.95
Frank A. Larson, Jr. (REP). . . . . 82,779 37.05
Summit County Prosecutor
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Sherri Bevan Walsh (DEM) . . . . . 153,089 67.32
Candace Kim Knox (REP) . . . . . . 74,311 32.68
Summit County Clerk of Courts
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Daniel Horrigan (DEM) . . . . . . 134,345 61.20
Kandi S. O'Connor (REP). . . . . . 85,177 38.80
Summit County Sheriff
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Steve Barry (DEM). . . . . . . . 141,057 63.78
Randy L. Rivers (REP) . . . . . . 80,119 36.22
Summit County Fiscal Officer
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Kristen M. Scalise (DEM) . . . . . 145,123 65.14
Ron Antal (REP) . . . . . . . . 77,678 34.86
Summit County Engineer
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Alan Brubaker (DEM) . . . . . . . 131,443 61.04
Bruce L. Robinson (REP). . . . . . 83,895 38.96
Summit County Council-at-Large
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Sandra Kurt (DEM). . . . . . . . 127,048 60.15
Jane M. Davis (REP) . . . . . . . 84,154 39.85
Summit County Council District #1
(Vote for not more than ) 1
(WITH 41 OF 42 PRECINCTS COUNTED 97.62%)
Nick Kostandaras, Sr. (DEM) . . . . 17,399 57.36
Greg W. Roemer (REP). . . . . . . 12,936 42.64
Summit County Council District #2
(Vote for not more than ) 1
(WITH 36 OF 36 PRECINCTS COUNTED)
John Schmidt (DEM) . . . . . . . 16,394 65.98
Nancy A. DeLambo (REP) . . . . . . 8,452 34.02
Summit County Council District #3
(Vote for not more than ) 1
(WITH 42 OF 43 PRECINCTS COUNTED 97.67%)
Gloria J. Rodgers (REP). . . . . . 19,254 60.38
Russ Iona (DEM) . . . . . . . . 12,633 39.62
Summit County Council District #4
(Vote for not more than ) 1
(WITH 41 OF 41 PRECINCTS COUNTED)
Frank C. Comunale (DEM). . . . . . 19,486 72.47
Mike Hoover (REP). . . . . . . . 7,402 27.53
Summit County Council District #5
(Vote for not more than ) 1
(WITH 43 OF 43 PRECINCTS COUNTED)
Tamela Lee (DEM) . . . . . . . . 21,506 72.29
Lance Reed (REP) . . . . . . . . 8,243 27.71
Summit County Council District #6
(Vote for not more than ) 1
(WITH 34 OF 36 PRECINCTS COUNTED 94.44%)
Jerry E. Feeman (DEM) . . . . . . 15,692 67.03
Faith M. Bennetts (REP). . . . . . 7,718 32.97
Summit County Council District #7
(Vote for not more than ) 1
(WITH 33 OF 35 PRECINCTS COUNTED 94.29%)
Tim S. Crawford (DEM) . . . . . . 15,196 63.83
Larry M. Ashbaugh (REP). . . . . . 8,611 36.17
Summit County Council District #8
(Vote for not more than ) 1
(WITH 38 OF 41 PRECINCTS COUNTED 92.68%)
Paula S. Prentice (DEM). . . . . . 14,228 55.31
Tom Wolfe (REP) . . . . . . . . 11,495 44.69
State Board of Education
5th District
(Vote for not more than ) 1
(WITH 120 OF 123 PRECINCTS COUNTED 97.56%)
Bryan C. Williams. . . . . . . . 35,766 50.02
Marianne Gasiecki. . . . . . . . 19,143 26.77
Rich Javorek . . . . . . . . . 16,601 23.21
State Board of Education
7th District
(Vote for not more than ) 1
(WITH 172 OF 178 PRECINCTS COUNTED 96.63%)
Sarah Fowler . . . . . . . . . 55,209 52.97
James J. Collum . . . . . . . . 33,279 31.93
John R. Sans . . . . . . . . . 15,737 15.10
Justice Ohio Supreme Court
(Full Term Commencing 1-1-13)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Terrence O'Donnell . . . . . . . 120,976 65.35
Mike Skindell . . . . . . . . . 64,139 34.65
Justice Ohio Supreme Court
(Full Term Commencing 1-2-13)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
William M. O'Neill . . . . . . . 113,459 61.98
Robert R. Cupp. . . . . . . . . 69,597 38.02
Justice Ohio Supreme Court
(Unexpired Term Ending 12-31-14)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Sharon L. Kennedy. . . . . . . . 96,876 51.80
Yvette McGee Brown . . . . . . . 90,138 48.20
9th District Court of Appeals
(Full Term Commencing 2-9-13)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Clair E. Dickinson . . . . . . . 94,304 53.04
Jennifer Hensal . . . . . . . . 83,489 46.96
Common Pleas Court Judge
(Full Term Commencing 1-1-13)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Paul J. Gallagher. . . . . . . . 115,658 61.92
Dave Lombardi . . . . . . . . . 71,114 38.08
Common Pleas Court Judge
(Full Term Commencing 1-2-13)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Amy Corrigall Jones . . . . . . . 107,365 58.17
John Fickes. . . . . . . . . . 77,220 41.83
Common Pleas Court Judge
(Full Term Commencing 5-17-13)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Thomas A. Teodosio . . . . . . . 145,939 76.59
Eddie Sipplen . . . . . . . . . 44,600 23.41
Common Pleas Court Judge
(Unexpired Term Ending 1-1-15)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Tammy O'Brien . . . . . . . . . 97,851 55.33
Kathryn Michael . . . . . . . . 79,005 44.67
Probate Court Judge
(Unexpired Term Ending 2-8-15)
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
Elinore Marsh Stormer . . . . . . 100,235 53.09
Alison McCarty. . . . . . . . . 88,559 46.91
State Issue 1
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
NO. . . . . . . . . . . . . 135,600 66.54
YES . . . . . . . . . . . . 68,195 33.46
State Issue 2
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
NO. . . . . . . . . . . . . 123,508 58.21
YES . . . . . . . . . . . . 88,651 41.79
Issue 3 - Akron
Proposed Charter Amendment - Eliminate Extra Election
(Vote for not more than ) 1
(WITH 91 OF 93 PRECINCTS COUNTED 97.85%)
YES . . . . . . . . . . . . 45,524 64.12
NO. . . . . . . . . . . . . 25,476 35.88
Issue 4 - Akron 1-D
Proposed Local Option - Sunday Sales - Ray's Pub & Patio
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 393 79.23
NO. . . . . . . . . . . . . 103 20.77
Issue 5 - Akron 3-G
Proposed Local Option - Beer/Wine Sales- Copley Mini Mrt
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
NO. . . . . . . . . . . . . 424 52.41
YES . . . . . . . . . . . . 385 47.59
Issue 6 - Akron 3-G
Proposed Local Option - Sunday Sales - Copley Mini Mart
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
NO. . . . . . . . . . . . . 455 56.17
YES . . . . . . . . . . . . 355 43.83
Issue 7 - Akron 5-B
Proposed Local Option - Sunday Sales - Rhodes Inc.
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 385 62.30
NO. . . . . . . . . . . . . 233 37.70
Issue 8 - Akron 5-E
Proposed Local Option - Sunday Sales - Country Market
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 382 61.61
NO. . . . . . . . . . . . . 238 38.39
Issue 9 - Cuyahoga Falls 2-A
Proposed Local Option - Sunday Sales - The Office
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 691 76.78
NO. . . . . . . . . . . . . 209 23.22
Issue 10 - Cuyahoga Falls 5-A
Proposed Local Option - Wine/Mixed Sales - Oakwood Conv.
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 668 81.07
NO. . . . . . . . . . . . . 156 18.93
Issue 11 - Cuyahoga Falls 5-A
Proposed Local Option - Sunday Sales - Oakwood Conv.
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 622 75.21
NO. . . . . . . . . . . . . 205 24.79
Issue 12 - Green
Proposed Charter Amendment - Mayor (3) 4 yr. terms
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
NO. . . . . . . . . . . . . 6,432 54.92
YES . . . . . . . . . . . . 5,279 45.08
Issue 13 - Green
Proposed Charter Amendment - Mayoral Hours - Sec. 3.2
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
YES . . . . . . . . . . . . 9,234 80.35
NO. . . . . . . . . . . . . 2,258 19.65
Issue 14 - Green
Proposed Charter Amendment - Cnty Cncl Vacancy -Sec. 4.6
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
YES . . . . . . . . . . . . 8,433 76.32
NO. . . . . . . . . . . . . 2,617 23.68
Issue 15 - Green
Proposed Charter Amendment - Civil Service - Sec. 7.3
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
YES . . . . . . . . . . . . 5,300 50.19
NO. . . . . . . . . . . . . 5,260 49.81
Issue 16 - Green
Proposed Charter Amendment - Sec. 8.2B - Parks & Rec.
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
YES . . . . . . . . . . . . 6,229 54.99
NO. . . . . . . . . . . . . 5,099 45.01
Issue 17 - Green
Proposed Charter Amendment - Fix Typo Err - Sec. 12.10
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
YES . . . . . . . . . . . . 9,166 81.71
NO. . . . . . . . . . . . . 2,052 18.29
Issue 18 - Green
Proposed Charter Amendment (By Petition) - Gambling
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
YES . . . . . . . . . . . . 6,886 58.75
NO. . . . . . . . . . . . . 4,835 41.25
Issue 19 - Hudson
Proposed Charter Amendment - Petitions Deadlne Sec. 7.01
(Vote for not more than ) 1
(WITH 12 OF 13 PRECINCTS COUNTED 92.31%)
YES . . . . . . . . . . . . 6,642 61.34
NO. . . . . . . . . . . . . 4,187 38.66
Issue 20 - Munroe Falls
Proposed Charter Amendment - Mayoral Commencment Date
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 2,071 80.58
NO. . . . . . . . . . . . . 499 19.42
Issue 21 - Munroe Falls
Proposed Charter Amendment - Define Permanant Vacancy
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,494 60.58
NO. . . . . . . . . . . . . 972 39.42
Issue 22 - Munroe Falls
Proposed Charter Amendment - Define Temporary Absence
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,684 68.51
NO. . . . . . . . . . . . . 774 31.49
Issue 23 - Munroe Falls
Proposed Charter Amendment - Define Rights and Oblig.
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,971 78.87
NO. . . . . . . . . . . . . 528 21.13
Issue 24 - Munroe Falls
Proposed Charter Amendment - Clarify 4 Year Term (P+2)
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,918 77.94
NO. . . . . . . . . . . . . 543 22.06
Issue 25 - Munroe Falls
Proposed Charter Amendment - Expand P&R Board
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,325 53.17
NO. . . . . . . . . . . . . 1,167 46.83
Issue 26 - Munroe Falls
Proposed Charter Amendment - Mayoral Appointees
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,808 75.36
NO. . . . . . . . . . . . . 591 24.64
Issue 27 - Norton
Proposed Tax Levy - Add. 4.6mil, fire & EMS for 4 Years
(Vote for not more than ) 1
(WITH 7 OF 8 PRECINCTS COUNTED 87.50%)
FOR THE TAX LEVY . . . . . . . . 3,072 56.80
AGAINST THE TAX LEVY. . . . . . . 2,336 43.20
Issue 28 - Norton
Proposed Charter Amendment (By Petition) - Amnd Art. III
(Vote for not more than ) 1
(WITH 7 OF 8 PRECINCTS COUNTED 87.50%)
YES . . . . . . . . . . . . 2,489 51.56
NO. . . . . . . . . . . . . 2,338 48.44
Issue 29 - Norton
Proposed Charter Amendment (By Petition) - TV - Art.III
(Vote for not more than ) 1
(WITH 7 OF 8 PRECINCTS COUNTED 87.50%)
YES . . . . . . . . . . . . 2,594 52.99
NO. . . . . . . . . . . . . 2,301 47.01
Issue 30 - Norton
Proposed Charter Amendment (By Petition) - Amnd Art. V
(Vote for not more than ) 1
(WITH 7 OF 8 PRECINCTS COUNTED 87.50%)
YES . . . . . . . . . . . . 2,487 52.26
NO. . . . . . . . . . . . . 2,272 47.74
Issue 32 - Stow 4-D
Proposed Local Option - Beer/Wine/Mixed Sales - Staybrdg
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 683 87.45
NO. . . . . . . . . . . . . 98 12.55
Issue 33 - Stow 4-D
Proposed Local Option - Sunday Sales - Staybridge Suites
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 644 83.10
NO. . . . . . . . . . . . . 131 16.90
Issue 34 - Stow 4-D
Proposed Local Option - Beer/Wine/Mixed Sales - GSpuzzil
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 671 86.80
NO. . . . . . . . . . . . . 102 13.20
Issue 35 - Stow 4-D
Proposed Local Option - Sunday Sales - Gerald Spuzzillo
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 635 83.01
NO. . . . . . . . . . . . . 130 16.99
Issue 36 - Twinsburg
Proposed Charter Amendment - HPC and ARB - Sec. 7.01
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 6,361 76.98
NO. . . . . . . . . . . . . 1,902 23.02
Issue 37 - Twinsburg
Proposed Charter Amendment - Law Director - Sec. 7.06
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 6,367 77.90
NO. . . . . . . . . . . . . 1,806 22.10
Issue 38 - Twinsburg
Proposed Charter Amendment - Zoning of Annex - Sec.7A.01
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 5,248 65.27
NO. . . . . . . . . . . . . 2,792 34.73
Issue 39 - Twinsburg
Proposed Zoning Amendment - Wind Energy Turbines Ord. 59
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 6,283 76.21
NO. . . . . . . . . . . . . 1,961 23.79
Issue 40 - Twinsburg
Proposed Zoning Amendment - Rain Barrels Ord. 60
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 4,707 57.98
NO. . . . . . . . . . . . . 3,412 42.02
Issue 41 - Twinsburg
Proposed Charter Amendment - Change Sec. 10.01
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 6,108 78.14
NO. . . . . . . . . . . . . 1,709 21.86
Issue 42 - Twinsburg
Proposed Charter Amendment - Unclassified Svc Sec. 7.05
(Vote for not more than ) 1
(WITH 10 OF 10 PRECINCTS COUNTED)
NO. . . . . . . . . . . . . 3,708 51.52
YES . . . . . . . . . . . . 3,489 48.48
Issue 43 - Clinton Village
Proposed Tax Levy - (Renewal) 3.75mil, Fire&EMS, 5 years
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 397 65.30
AGAINST THE TAX LEVY. . . . . . . 211 34.70
Issue 44 - Northfield Village
Proposed Charter Amendment - Amend Sec. 4.05
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 900 68.86
NO. . . . . . . . . . . . . 407 31.14
Issue 45 - Northfield Village
Proposed Charter Amendment - Amend Sec. 4.06
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 848 65.74
NO. . . . . . . . . . . . . 442 34.26
Issue 46 - Northfield Village
Proposed Charter Amendment - Amend Sec. 5.02
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 832 65.25
NO. . . . . . . . . . . . . 443 34.75
Issue 47 - Northfield Village
Proposed Charter Amendment - Amend Sec. 8.01
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 844 65.48
NO. . . . . . . . . . . . . 445 34.52
Issue 48 - Northfield Village
Proposed Charter Amendment - Amend Sec. 8.04
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 901 69.74
NO. . . . . . . . . . . . . 391 30.26
Issue 49 - Northfield Village
Proposed Charter Amendment - Amend Sec. 18.05
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,016 78.94
NO. . . . . . . . . . . . . 271 21.06
Issue 50 - Northfield Village
Proposed Charter Amendment - Consistency & Corrections
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,037 80.83
NO. . . . . . . . . . . . . 246 19.17
Issue 51 - Northfield Village
Proposed Charter Amendment - Amend Secs. 4.02 4.04 4.07
(Vote for not more than ) 1
(WITH 4 OF 4 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 941 74.15
NO. . . . . . . . . . . . . 328 25.85
Issue 52 - Peninsula Village
Proposed Income Tax - 1% to 2% Levy on Income
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
AGAINST THE INCOME TAX . . . . . . 192 54.39
FOR THE INCOME TAX . . . . . . . 161 45.61
Issue 53 - Reminderville Village
Proposed Charter Amendment - Repeal/Abolish Sec. 4.03
(Vote for not more than ) 1
(WITH 2 OF 2 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 732 50.31
NO. . . . . . . . . . . . . 723 49.69
Issue 54 - Richfield Village
Proposed Gas Aggregation - Natural Gas Aggregation
(Vote for not more than ) 1
(WITH 2 OF 2 PRECINCTS COUNTED)
YES . . . . . . . . . . . . 1,379 73.86
NO. . . . . . . . . . . . . 488 26.14
Issue 55 - Copley Township
Proposed Tax Levy - Replacement 2mil, Police, 3 years
(Vote for not more than ) 1
(WITH 9 OF 9 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 5,729 69.07
AGAINST THE TAX LEVY. . . . . . . 2,565 30.93
Issue 56 - Coventry Township
Proposed Tax Levy - (Renewal) 2.25mil, Fire&EMS, 5 years
(Vote for not more than ) 1
(WITH 6 OF 6 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 3,503 71.80
AGAINST THE TAX LEVY. . . . . . . 1,376 28.20
Issue 57 - Northfield Center Township
Proposed Tax Levy - (Renewal) 2mil, Fire&EMS, Continuing
(Vote for not more than ) 1
(WITH 3 OF 3 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 2,179 69.66
AGAINST THE TAX LEVY. . . . . . . 949 30.34
Issue 58 - Richfield Township
Proposed Tax Levy - Replacement 1.3mil and increase 1mil
(Vote for not more than ) 1
(WITH 2 OF 2 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 769 51.75
AGAINST THE TAX LEVY. . . . . . . 717 48.25
Issue 59 - Sagamore Hills Township
Proposed Tax Levy - Replacement 5mil and increase 1mil
(Vote for not more than ) 1
(WITH 7 OF 7 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 3,295 55.47
AGAINST THE TAX LEVY. . . . . . . 2,645 44.53
Issue 60 - Springfield Township
Proposed Tax Levy - (Renewal) 3mil, police, 5 years
(Vote for not more than ) 1
(WITH 5 OF 7 PRECINCTS COUNTED 71.43%)
FOR THE TAX LEVY . . . . . . . . 3,080 64.18
AGAINST THE TAX LEVY. . . . . . . 1,719 35.82
Issue 61 - Akron CSD
Proposed Tax Levy - Additional 7.9mil, current epxenses
(Vote for not more than ) 1
(WITH 91 OF 93 PRECINCTS COUNTED 97.85%)
FOR THE TAX LEVY . . . . . . . . 42,275 58.95
AGAINST THE TAX LEVY. . . . . . . 29,434 41.05
Issue 62 - Aurora CSD
Proposed Tax Levy - Additional 5.9mil, current expenses
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 106 52.74
AGAINST THE TAX LEVY. . . . . . . 95 47.26
Issue 63 - Barberton CSD
Proposed Tax Levy - Additional 8.52mil, emergency
(Vote for not more than ) 1
(WITH 14 OF 15 PRECINCTS COUNTED 93.33%)
AGAINST THE TAX LEVY. . . . . . . 4,896 54.48
FOR THE TAX LEVY . . . . . . . . 4,091 45.52
Issue 64 - Hudson CSD
Propoxed Tax Levy - Renewal 1.5mil - Improvements
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
FOR THE TAX LEVY . . . . . . . . 8,395 65.27
AGAINST THE TAX LEVY. . . . . . . 4,466 34.73
Issue 65 - Nordonia Hills CSD
Proposed Tax Levy - Additional 3mil, current expenses
(Vote for not more than ) 1
(WITH 20 OF 21 PRECINCTS COUNTED 95.24%)
AGAINST THE TAX LEVY. . . . . . . 9,849 60.10
FOR THE TAX LEVY . . . . . . . . 6,539 39.90
Issue 66 - Norton CSD
Proposed Tax Levy - Additional 1.9mil, current expenses
(Vote for not more than ) 1
(WITH 11 OF 12 PRECINCTS COUNTED 91.67%)
FOR THE TAX LEVY . . . . . . . . 3,326 52.70
AGAINST THE TAX LEVY. . . . . . . 2,985 47.30
Issue 67 - Stow-Munroe Falls CSD
Proposed Tax Levy - Renewal 7.84mil, emergency
(Vote for not more than ) 1
(WITH 25 OF 25 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 11,549 57.64
AGAINST THE TAX LEVY. . . . . . . 8,489 42.36
Issue 68 - Tallmadge CSD
Proposed Bond Issue - Bonds repaid over 35 years
(Vote for not more than ) 1
(WITH 13 OF 13 PRECINCTS COUNTED)
AGAINST THE BOND ISSUE . . . . . . 5,719 61.51
FOR THE BOND ISSUE . . . . . . . 3,579 38.49
Issue 69 - Twinsburg CSD
Proposed Tax Levy - Additional 4.9mil, current expenses
(Vote for not more than ) 1
(WITH 15 OF 16 PRECINCTS COUNTED 93.75%)
FOR THE TAX LEVY . . . . . . . . 6,662 53.87
AGAINST THE TAX LEVY. . . . . . . 5,704 46.13
Issue 70 - Coventry LSD
Proposed Tax Levy - Renewal 9.95mil, emergency
(Vote for not more than ) 1
(WITH 15 OF 15 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 3,647 60.50
AGAINST THE TAX LEVY. . . . . . . 2,381 39.50
Issue 71 - Woodridge LSD
Proposed Tax Levy - Additional 6.83mil, emergency
(Vote for not more than ) 1
(WITH 20 OF 20 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 4,765 55.17
AGAINST THE TAX LEVY. . . . . . . 3,872 44.83
Issue 72 - Stark Public Library
Proposed Tax Levy - Renewal 1mil increase 0.7mil
(Vote for not more than ) 1
(WITH 1 OF 1 PRECINCTS COUNTED)
FOR THE TAX LEVY . . . . . . . . 0
AGAINST THE TAX LEVY. . . . . . . 0
Issue 73 - Summit County CSB
Proposed Tax Levy - Renewal 2.25mil
(Vote for not more than ) 1
(WITH 289 OF 298 PRECINCTS COUNTED 96.98%)
FOR THE TAX LEVY . . . . . . . . 161,696 68.53
AGAINST THE TAX LEVY. . . . . . . 74,244 31.47
A federal judge has rejected a condemned Ohio killer's request to delay his upcoming execution over allegations that the state continues to deviate from its written execution policies.
Death row inmate Brett Hartman argues that the state altered its procedures during April and September executions.
U.S. District Court Judge Gregory Frost said Monday that the changes raised by Hartman don't violate his constitutional rights.
Frost also rejected Hartman's argument that allowing the state to cut short an inmate's last statement is a constitutional violation.
Frost says Ohio does not have a perfect execution system but has a constitutional system it appears to be following.
The 38-year-old Hartman is scheduled to die Nov. 13 for the 1997 slaying of Winda Snipes of Akron.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Stow teenager Brogan Rafferty was supposed to find out today just how much time he'll spend behind bars for his role in the co-called Craigslist Killings.
Now he's gotten a five-day reprieve.
Rafferty, 17, was scheduled for sentencing this morning by Summit County Common Pleas Judge Lynne Callahan, but lawyers were squabbling before the hearing got underway. The argument reportedly centered on whether a less-lengthy sentence recommendation would go forth from both prosecutors and defense tied to Rafferty's testimony against the alleged mastermind of the lure-to-kill scheme, Richard Beasley.
Rafferty was convicted last month on counts that included three murders and one attempted murder of men who answered job wanted ads to serve as manager of a farm in Noble County, about 25 miles north of Marietta in southeast Ohio. The men answered the ads and agreed to meet Beasley, 52, and Rafferty on the farm site; three never left alive, but a fourth survived being shot and managed to hide for hours until seeking medical assistance and police help.
Beasely remains in the Summit County Jail awaiting trial.
Ohio's Supreme Court ruling the government can hold on to DNA profiles from criminal defendants -- even if those charged are acquitted.
The case stems from the arrest of a Cleveland man on rape charges in 2005. A search warrant resulted in the DNA sample and Dajuan Emerson's profile went into the state's database; it hit again on a murder case in 2007 for which Emerson was found guilty. He appealed citing privacy concerns, which the court turned aside.
- - -
(Ohio Supreme Court) The Supreme Court of Ohio ruled today that when the state has lawfully obtained a sample of a person’s DNA in the course of a criminal investigation, and has used that sample to establish a DNA profile of the subject, that person does not have standing to object to the state’s retention of the DNA profile, and the state is authorized to retain the profile and use it in a subsequent criminal investigation despite the subject ‘s acquittal on the charge that was the basis for obtaining the DNA sample.
The court’s 7-0 decision, authored by Justice Robert R. Cupp, affirmed a ruling by the Eighth District Court of Appeals.
The case involved a criminal defendant, Dajuan Emerson, who was accused of rape in 2005. In the course of the investigation, a search warrant was executed to obtain a DNA sample from Emerson.
The sample was processed and a DNA profile of Emerson was obtained. That profile was placed into the law enforcement Combined DNA Index System (CODIS) at the local level and, eventually, was entered in a “suspect” database at the state level. Emerson was acquitted of the rape charge. After his acquittal, the DNA profile remained in CODIS. Emerson did not seek to have the profile expunged.
In July 2007, Cleveland police investigating the murder of Marnie Macon found blood that was not the victim’s on a door handle at the crime scene. The Cleveland Police Department submitted a sample of the blood to the Cuyahoga County Coroner’s Office. A DNA analyst with the coroner’s office processed the blood sample, and the resulting DNA profile was entered into CODIS at the local level as a forensic unknown. The profile was sent electronically to the state.
In August 2008, a report generated at the state level determined that the DNA profile obtained from the homicide scene matched the profile of Emerson that had been obtained in connection with his 2005 rape prosecution and retained in CODIS after his acquittal.
After obtaining a search warrant and a new DNA sample from Emerson that matched the crime scene material, he was indicted on one count each of aggravated murder, aggravated burglary, and tampering with evidence. Emerson filed a motion to suppress any DNA evidence. After holding a hearing, the trial court denied the motion. The matter proceeded to trial. The jury found Emerson guilty of aggravated murder and tampering with evidence. On appeal, the Eighth District Court of Appeals affirmed the judgment of the trial court.
Emerson sought and was granted Supreme Court review of the case on two legal questions:
1) Does a person whose DNA profile is retained by the state and used in a subsequent criminal investigation, despite that person’s acquittal of the crime for which he was originally required to provide a DNA sample, have standing to assert a Fourth Amendment (unreasonable search and seizure) challenge to the retention and use of that profile?
2) Does the state have the authority to retain a DNA profile that was obtained during a criminal investigation and use that profile in a subsequent investigation, when the person was acquitted of any crime following the first investigation?
In today’s unanimous decision upholding the court of appeals’ ruling, Justice Cupp wrote: “Appellant (Emerson) argues that he has a reasonable expectation of privacy in the DNA profile obtained from his sample. ... Specifically, appellant contends that the state was permitted to use the DNA profile only for the 2005 rape investigation and its retention and subsequent use subjected him to a new Fourth Amendment search and seizure.”
“A DNA sample and a DNA profile are not one and the same. Instead, a DNA sample is processed by a specialist to obtain the DNA profile. ... Once the sample is processed, a record is made of the profile. Accordingly, this scientific process results in a record separate and distinct from the DNA sample. Because a scientific process must be performed on a DNA sample by an agent of the government to obtain the DNA profile, and the DNA profile is separate and distinct from the DNA sample, we conclude that the DNA profile obtained from appellant’s DNA sample was the work product of the government. Therefore, appellant had no possessory or ownership interest in the DNA profile.”
“(R)etention by the state of a DNA profile for possible future comparison with profiles obtained from unknown samples taken from a victim or a crime scene does not differ from the retention by the state of fingerprints for use in subsequent investigations. ... We note that numerous courts around the country have examined this issue and have reached the same conclusion that we do here—a person has no reasonable expectation of privacy in his or her DNA profile extracted from a lawfully obtained DNA sample. A defendant lacks standing to object to its use by the state in a subsequent criminal investigation.”
“Appellant also argues that the DNA profile should not have been retained by the state after he was acquitted of the rape charge. He contends that the state lacked the authority to retain the DNA profile and subsequently use it in the homicide investigation because he was acquitted of the 2005 rape charge. ... There is no support in the CODIS Methods Manual for appellant’s position. The manual has no provision for the removal of a DNA profile of an individual acquitted at trial. Section 17.6 sets forth the basis for expunging a DNA profile – a conviction being overturned on appeal or a sample taken in error – and the procedures that need to be followed. However, section 17.6 is not self-executing. There is no mechanism set forth in the manual by which the state is automatically notified that a person’s conviction has been overturned, requiring the profile of the acquitted person to be removed. Instead, the requirement of going forward is on the exonerated individual to notify CODIS that the conviction has been overturned and to seek expungement of the DNA profile. Appellant failed to do this.”
“There is no legislative requirement that DNA profiles obtained from lawfully obtained DNA samples be removed from CODIS on the state’s initiative when the subject of the profile is acquitted at trial, and we will not create such a requirement. ... Even if Ohio’s statutory scheme required the removal of appellant’s DNA profile upon his acquittal, suppression of that evidence is not appropriate. ... Since the General Assembly opted not to provide a remedy to a party wronged by a violation of either R.C. 109.573 or 2901.07, ‘we are not in the position to rectify this possible legislative oversight by elevating a violation of [these statutes] to a Fourth Amendment violation and imposing the exclusionary rule.’”
“Accordingly, we conclude that a person has no reasonable expectation of privacy in his or her DNA profile extracted from a lawfully obtained DNA sample, and a defendant lacks standing to object to its use in a subsequent criminal investigation. Under these circumstances, the state is not prohibited from retaining in CODIS the DNA profile of a person acquitted of a crime and using the DNA profile in a subsequent criminal investigation.”
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