Carol Fisher Case Re Cleveland Hts Police : Cleveland IMC (((i)))

April 28, 2006

Carol Fisher Found Guilty

Carol Fisher was found guilty today of two counts of felonious assault of two 200 + pound Cleveland Heights policemen (who, collectively, can bench 700#’s) and whose testimony contained serious contradictions. None of the other witnesses provided by the prosecution actually saw “the assault.” Their claims had more to do with Carol’s perceived lack respect for authority. The jury deliberated for more than 8 hours over two days before announcing the verdict.

Former prosecutor Judge McGinty, who was supposedly “randomly” assigned to Carol’s case, is known to be “police-friendly,” a fact that was painfully obvious to observers. McGinty ruled out key pieces of evidence as “not relevant” to the case, denying the jury the opportunity (obligation?) of hearing them. The fact that virtually everyone in Cleveland Heights can relate “horror stories” about the Cleveland Heights police was not to be known by the jury of individuals born and raised in Northeast Ohio, but not in Cleveland Heights. As the court transcript will show, McGinty showed clear bias toward the prosecution.

Perhaps the most shocking injustice occurred after the prosecutors, in their closing statements, repeatedly misquoted statements from Carol’s testimony and even lied about Ohio statutes defining “arrestable” offenses. When Carol’s attorney, Terry Gilbert, pointed out the erroneous references and asked Judge McGinty if he could read to the jury the correct statutes, Judge McGinty casually dismissed his request, leaving the jury to base its decision on “non-existing” law. This and other behavior was appalling!

Those familiar with McGinty and other police-brutality cases were not surprised by the verdict. With a fair judge and a jury with fewer police in their respective families, the case would have been an open and shut case of police brutality. This case will be appealed!

Please come out tomorrow, Saturday, April 29th at 3pm --Cleveland Heights Coventry Yard (Coventry and Euclid Heights) to support Carol. Hear from the many supporters who witnessed the trial and saw the “justice that wasn’t” this week in Cuyahoga County’s “Justice Center.” This is a very important case that will impact us all!

Victoria Lovegren

victoria.lovegren@case.edu

Cleveland Indy Media Center