Prosecutor says Burge didn’t have authority to pick judges
The Lorain County Prosecutor’s Office wants the Ohio Supreme Court to rule that Lorain County Common Pleas Court Judge James Burge does not have the authority or jurisdiction to handpick a three-judge panel in a death penalty case.
Assistant Lorain County Prosecutor Billie Jo Belcher filed the paperwork Thursday, stating Burge appointed the three-judge panel to hear the capital murder case of Ronald McCloud, 30, of Elyria, but the panel should have been chosen by Presiding Judge Mark Betleski or the chief justice of the Ohio Supreme Court. Burge appointed judges Raymond Ewers and Edward Zaleski to sit on the panel with him.
McCloud’s trial could begin either Oct. 12 or Dec. 7, depending on the schedule of the trial attorneys.
Belcher wrote that during a hearing on Oct. 8, Burge said he was allowed to appoint the panel pursuant to a new court resolution, however upon review, Belcher stated “no such local rules of court or resolution exists.”
The record of the hearing said the appointment order would be signed by Betleski, but Betleski refused to sign the entry because he believed the appointment wasn’t proper, according to Belcher.
McCloud’s defense attorney Daniel Wightman said he does not agree with the prosecutor’s office.
“It’s really an argument about nothing,” Wightman said. “Because clearly Judge Burge is the presiding judge of the case and we believe he selected two judges who are qualified to hear and have jurisdiction over the case.”
George Koury, deputy Lorain County prosecutor, said the writ was filed to the Supreme Court so the trial court can get direction a to what to do in the case of choosing a three-judge panel.
“We don’t want to wait after the trial and then risk an issue on appeal regarding the selection,” Koury said.
Burge took the case in 2007 from the docket of retired Visiting Judge Lynett McGough. McCloud is accused if raping and killing 57-year-old Janet Barnard in a bathroom of a Lorain church. He was indicted for four counts of kidnapping, three counts each of murder and aggravated robbery, two counts of aggravated murder and single counts of receiving stolen property, tampering with evidence, felonious assault and rape.
The Lorain County Prosecutor’s Office filed a similar complaint against Burge in the murder trials of Decio Rodgrigues Jr. and Nicole Diar.
http://www.morningjournal.com/articles/2010/08/14/news/mj3154946.txt
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