Summit judge orders prosecutors to turn over emails in murder case in response to racism claims
By Stephanie Warsmith
The Akron Beacon-Journal
A Summit County judge has ordered the prosecutor’s office to hand over emails on the Stanley Ford murder case in response to Ford’s attorneys claims of racism.
Judge Christine Croce limited her order to the emails and other communication on the Ford case from the start of the investigation until five days after Ford was indicted in late July for starting fatal fires that left nine people dead.
Croce said she will review the material and decide if any of it should be shared with Ford’s attorneys.
Don Malarcik and Joe Gorman, Ford’s attorneys, are requesting that Croce dismiss the death penalty specification against Ford — who is African-American — because of the role race played in the decision to seek capital punishment.
The attorneys cite research that shows the race of defendants and victims and where crimes are committed in Ohio play a key role in deciding whether defendants face the death penalty. They also point to former Akron Police Chief James Nice’s use of racial slurs, including the N-word, which was among the reasons the chief was forced to abruptly resign Aug. 27. Nice was the chief when Ford’s case was investigated and was among those who spoke at a July 27 news conference to announce Ford’s indictment.
“James Nice is an admitted, overt racist,” Malarcik said Friday morning during a pretrial on the Ford case. “He advocated the death penalty … We have more than statistics. We have a man who was part of the team.”
Malarcik said the number of African-Americans who have faced the death penalty in Summit County is disproportionate to the population. In Summit County, eight of the last 11 people indicted on charges with a death penalty specification have been black.
“We believe that injustice anywhere is a threat to justice everywhere,” Malarcik added.
Prosecutors, however, are opposing the request to remove the death penalty. Chief Prosecutor Margaret Scott said defense attorneys haven’t provided proof that Ford is being treated differently from other defendants.
“I am unaware of anyone else who is alleged to have murdered nine people by fire in Summit County,” Scott said.
Malarcik and Gorman first raised the issue of racism and Nice’s alleged bias last month when they filed a motion to dismiss the death penalty specifications.
Nice resigned after his nephew Joseph Nice, who was then facing criminal charges, told police that he had a videotape of his uncle using the N-word and said the chief was having an affair with a female Akron officer. The department’s leaders also learned that Chief Nice could face criminal charges related to his nephew’s used car business.
Nice admitted using the racial slur and having an affair with an officer, but has denied any criminal wrongdoing.
The Cuyahoga County Prosecutor’s Office, at the request of the Summit County prosecutor, is investigating the accusations against Chief Nice. Charges were dropped against Joseph Nice, the chief’s nephew, who had faced three felonies related to his auto business.
Malarcik and Gorman have requested emails and communication related to the Ford investigation from both the city of Akron and Summit County Prosecutor’s Office.
The city initially objected to the request, but provided some information after the attorneys narrowed their request, Malarcik said Friday.
The attorneys also want to get information from the Cuyahoga County Prosecutor’s Office when it concludes its investigation into Nice, Malarcik said.
As for the Summit County prosecutor’s emails, Malarcik requested Friday that an independent inquiry be done of the prosecutor’s computers to search for documents that include Ford’s name, arson, the addresses of the fires and certain racially insensitive terms. He said Croce could then review this information.
“Racism in a death penalty case is toxic,” Malarcik said. “The community needs to know what part did Nice play in the prosecution of Ford in which they are seeking the death penalty. That’s what we’re asking.”
Malarcik took offense to the assertion by prosecutors that the defense’s motion to dismiss should be denied and that prosecutors shouldn’t be required to provide the information the defense is requesting. He compared this to how a white Akron councilman recently told two African-American councilwomen to sit down and shut up.
“We are not going to ‘sit down and shut up!’” Malarcik declared, throwing papers onto the desk in front of him.
Croce declined to have an independent inquiry done and instead asked the prosecutor’s office to give directly to her all internal and external emails and written communication about Ford’s case by Nov. 10. She said she will look over what is provided and will have a discussion with both parties before turning anything over to the defense.
This will be among the issues discussed in the next pretrial in the case, set for 8:30 a.m. Dec. 15.
https://www.ohio.com/akron/news/loca...-racism-claims
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