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Bertina King faults way prosecutor's office handles murder trial
By Phil Trexler
Beacon Journal staff writer
Published on Sunday, Nov 30, 2008
A longtime, high-profile Akron police detective has filed charges against Summit County Prosecutor Sherri Bevan Walsh's office, alleging that an assistant to Walsh pursued a murder conviction despite his opinion that the man acted in self-defense.
The allegation is one of several contained in a racial and sexual discrimination complaint lodged by Detective Bertina King against Walsh's office and assistant prosecutors Greg Peacock and Charlene Hardy.
The complaint grows out of tension between Akron police and the prosecutor after Peacock, in the October murder trial of Courtland Wright, suggested that King had betrayed fellow officers to protect a gang member.
Police Chief Michael Matulavich and the police union reacted angrily to the allegation, and a few weeks later, King filed her complaint with the city.
King alleges that prosecutors ignored her potentially damaging testimony and, instead, attacked her when she was called as a defense witness.
King, who is black, said the prosecutor's treatment of her sent the wrong message to the black community when it comes to assisting law enforcement.
''He just showed the black community why you shouldn't come forward and what happens to you if you do,'' she wrote.
Peacock contends that King appears to be biased by her personal relationship to the convicted gang member. He also said she failed to notify her superiors, as required by the department, when she was subpoenaed by the defense.
Murder or self-defense?
In an interview last week, Peacock said there was some initial disagreement over whether the Wright case was murder or self-defense. However, he said, once the case was thoroughly examined, the self-defense claim was ruled out by a majority of the detectives and prosecutors.
He said King has a ''blind spot'' when it comes to the witness, a man he said the detective has tried to mentor. Peacock said he is not accusing King of committing any crime.
However, he said during her testimony in Wright's trial, King repeatedly tried to tell jurors what the gang member told her, prompting several objections from prosecutors. Such testimony is considered hearsay and King, who has testified in court in dozens of cases, appeared to be trying to aid the defense at the expense of the prosecution case, he said.
Peacock said he tried to call King after the trial to explain his closing argument, but the detective would not take his call.
''I was caught off guard by the manner in which she was testifying,'' he said. ''It was as if she was trying to damage the state of Ohio's case and the case of the APD.''
In her complaint, King said Peacock met with her and Detective Rich Morrison shortly before Wright's trial.
Peacock ''said in front of Morrison and myself that he didn't even want to do the case because it was a case of self-defense,'' King wrote.
Jurors convicted Wright, 27, of murder and other charges in connection with the July 4 shooting death of Robert Smith outside a West Market Street gas station.
King was under subpoena by defense attorneys, who argued that Wright shot Smith, 62, in self-defense. The detective testified that she received a cell-phone call from the former gang member, who witnessed the shooting.
The man, who later testified in support of Wright, was convicted eight years ago of criminal gang activity.
Seeking a new trial
Defense attorneys are seeking a new trial based on Peacock's closing arguments as they relate to King. The motion is being considered by Common Pleas Judge Brenda Burnham Unruh. Sentencing is scheduled for Wednesday.
The motion is supported by one juror's signed affidavit, which claims that Wright was denied a fair trial because the panel was ''offended'' by Peacock's comments about King. The juror says the comment ''affected our ability to receive the evidence and testimony.''
King did not return a call for comment. Akron police union chief Paul Hlynsky met with Walsh a week ago and the two intend to meet again to try to resolve the rift between the two crime-fighting offices.
King's discrimination complaint states that her ability to work with prosecutors is hampered because of Peacock's comment to jurors that she protected the gang member and threw ''her fellow detectives and [Peacock] under the bus.''
She also contends that Peacock demeans women, blacks and the poor.
''How am I supposed to work with them [when] they put me in this light?'' King wrote. ''They stand behind Peacock, which makes me look like a criminal.
''How am I supposed to go to their office, sit and talk with them about future cases with this cloud over my head?''
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
A longtime, high-profile Akron police detective has filed charges against Summit County Prosecutor Sherri Bevan Walsh's office, alleging that an assistant to Walsh pursued a murder conviction despite his opinion that the man acted in self-defense.
Get the full article here.
Oh boy here we go now...some things never change. I guess this garbage is actually news now.
I wonder what Detective King's new assignment will be now that she cant work with the Summit County prosecutor...maybe there is a position in the gang unit.
Wilma:
This isn't a "BLACK ISSUE"
Your comment is just Ignorance at it's best
I stand behind Detective King 100%
Guess what color I am?
wondered how long it would take for the race card to appear--sad
Ms.King made her bed,and now that she has to sleep in it,she isn't happy. Law enforcement was probably not a good career choice on her part. Sounds like maybe it is time for her to move on.
We have the Messiah now...no more Race Cards..all laws now apply to the black street gangs,,,,King broke the rules of evidence, she could have brought forward all the heresay speakers if they exist.
King is now listening to the voices in her head...claiming "whatever" and looking for a psych retirement.....next we will hear from Jessie Jackson, Al Sharpton and the ACLU...
And a Jurior signing an avidavit he/she and the panel were offended with certain words....so they went ahead and found him guilty to prove a point...
Does King weigh less than 250#.....they are really not jolly folks
I don't understand why this is a racial/sexual complaint.
I know they protect their criminal relatives. I guess they extend the service to neighbors and friends also.
I would be interested to know the race of the victim in this case. What kind of message is
APD sending the victim and his family with this nonsense-it seems everyone forgets someone was murdered. If this detective believed the criminal acted in self defense did she tell her supervisors that her co-workers were wrongfully prosecuting someone? Did she go to her union rep and complain that her fellow Detectives had arrested an innocent person? seems to me that she is upset this criminal got convicted and is now backtracking by trying to somehow blame the prosecutor's office...too bad she cant accept responsibility for her own behavior and has to try to make this a racial issue--wonder how much money she is trying to get
This King person sounds more like they
are presenting their hatred for white people by playing the race card to get out of not only
looking bad for having a personal relationship to the convicted gang member, but also seemingly trying to protect that gang member. Shame on them.
I AM WHITE AND I AM SUBURBAN AND I SAY LET THE DETECTIVE HAVE HER DAY IN COURT.
READ THE PD ON PLUSQUELLIC'S TIES TO MAFIA FIGURE SAM LUCCARELI
She thinks if she was a white male taking cell phone calls from gang members that witnessed a murder they would have been easier on her???
Why put her on the witness stand if you don't want to hear what she has to say? I don't understand any of this.
Here to show people,and why citizens don't help the police. There is no trust with them.
unfortunatly you have the good the bad and the ugly with law enforcment.i have known my share of officers and dectives. For the most part most are decent and fair and honest. Then you have the others that are criminals with a badge to hide behind.welcome to hollywood.
It's not about skin color it's about doing your job.
Whats with King's hair...it looks like a bag of cheetos.
I wonder what King's fellow detectives are saying behind the scenes? Why was she continually trying to get Smith's statments on the record? He certainly could have testified to his own statements.
you ignorant people need to come up with a solution.....you run your mouth online....get out in the city and try helping instead of hurting our officers....det. king is right.....i know prosecutors trying a black man because the color of thier skin.....they tried my son in law for punching a white guy and killing him...prosecutors never apoligized to him when it was discovered the man died from drugs and other health problems..my son in law is free today because of the good work of our detectives...
Far as calling the race card. Racism will never end and you better wake up and smell the coffee! Nothing has changed in this world. Yes thank you for letting us vote, thank you for allowing us to drink out of the same water fountain, and oh yes thank you for not hanging us from trees anymore. Must i go on Racism is still alive it is just being done in another way now. So don't tell me about the race card because you have no idea what it means! You say you are tired of hearing it well I am tired of living it! Bertina do what you believe is right! Fight for yourself nobody else will!
berina is a great detective and the Pros. office has given her a bad rap....let her have her day....she is valuable to Akron and has been for years.>>
Bertina that is....:)
I dont see what part race plays in this (other than a distraction from the real issues)-sounds like the detective is just throwing out this allegation to try to 1. cover for trying to sabotage a case and 2. get a free payday---how valuable can she be to akron when she is trying to sabotage another detective's case and set a murderer free-this isnt making any sense--if she cant work with the prosecutor's office then maybe they can put her somewhere else doing a desk job, like they have done with other detectives--maybe this is a gender issue and not racial
THANK THE LORD, GOD IS UNCOVERING WICKEDNESS IN HIGH PLACES. SEE, HERE IN THE EAST COAST BIASNESS IS HIDDEN, BUT IN THE SOUTH, THEY WILL TELL YOU THAT THEY HATE BLACKS. BUT LET'S GET PAST COLOR, PEOPLE ARE TO BE TREATED JUSTLY, NOT BASED ON THEIR COLOR, BUT ACCORDING TO THE LAW. I'M GLAD I DECIDED NOT TO VOTE FOR SHERRI WALSH, THIS ELECTION, BECAUSE I SEEN AN BIAS SIDE ABOUT HER, JUST BECAUSE SHE'S DEMOCRAT, DO NOT MAKE HER QUALIFIED TO LEAD, SHE SOMEHOW HAS LOST HER INTEGRITY.
Bertina is my ho.. she always let me sell crack and not tell no one!!
I am shocked that Det. King would try to make this a race or sexual discrimination case. I never thought of her as a female or as black since all she does is hang around all the white male detectives and she acts just like them. But now she realizes what she is......how convenient.
where is Pusquiliciaclia? That dude needs to bring the hammer down on this city.
Oh wait, he's probably at the Barley House getting wasted with the college kids like usual. Come on Don, what are you? a whimp?
I see Ms. King's position clearly! The prosecution team is biased! The prosecution works with blinders and the police department works with our entire society, black and white, male and female, rich and poor. It is the defendents who do not have the money and resources of an expensive defense that get sent to jail. who are those I am talking of? the poor, the black, the females... usually. I have followed the career of Ms. King wince she started with the police department, and I have read about her great works. She loves this community, and protects this community. She will defend the innocent and take the criminals to the prosecutors. Unlike the Prosecutors of this area, she looks at the individual, not the color, sex, or economics. Just the truth, and it sounds like Akron is afraid of the truth. As a white resident, I am proud to have an officer like Ms. King on our police force. She does her job with honesty, a keen sense of what is fair, and above all, with grace.
Im confused. The juror signed an affidavit saying they were offended by the prosecutor's comments. Wouldn't that have caused them to not side with the prosecutor? I don't buy it.
If the police officer had a problem with the prosecutor's conduct she should have been professional about it and spoken to him or his boss, and not gone to the ABJ! She says she can't work with these people any more but that is her own doing. She has made this personal dispute public and has only herself to blame.
It surprises me that people make comments on events and things they did not witness. For those who have made indecent and racial comments, were you in the court room? Did you hear what the prosecutor said or the manner he said it? Now come on people grow up. It is easy to submit cowardly comments on a computer than to publicly own up to your opinion. You want to make a difference in this community ensure that our youth have opportunities and jobs. Develop mandates that ensure that our children get a quality education. Demand that our city politicals create a better atmosphere for businesses to thrive. It is easy to talk trash when you have advantages. As long as you are in the majority you have an advantage regardless of socio-economic status. The United States needs to be sanctioned for the very things we sanction other countries for. The racial atrocities committed under the US government against its own minority populations has existed and continues to exist. Although subtle, racism still exist. If you are sick of people throwing the "race card", then be apart of something that would call The United States to accountable for restoring the breach in the minority communities and reconciliation.
how bout electing a black president? Would that help? Sure racism exists, just like sexism, ageism etc. But the majority of this country are not racist. The truth is these people don't get along and they happen to be different races. That does not =racism
Sharon - give it a rest. I find it unfortunate that nowhere in your speil do you mention that people should start by taking responibility for themselves and their children. Instead, it is all on someone else to solve your problems.
What crack pot attorney is taking this as a race/gender issue? It sounds like Bertina was being judged by the content of her character, not the color of her skin. MLK's dream = Realized.
How about racial profiling? How about ignorant comments by other supposed professionals in government agencies and other agencies? How about the majority in the penal system are minorities? This has nothing to do with getting along. It has to do with a systematic destruction by the majority to eradicate certain minority groups. Getting along is child's play. This is deeper.
How about the majority of people in the penal system have committed the majority of crimes? How about profiling - chances are if you were robbed recently in Akron it was by a YBM. Facts don't lie and come in quite handy sometimes.
Now Carol - are'nt you late for your last class in women's studies. Don't worry - if you study harder this time you will pass and move on to the next useless class.
Hey Sharon, maybe ask yourself why minorities are commiting the majority of crimes? Oh, that's right, people like you expect less of them (ex. Affirmative Action, quotas). Now who's the real racist?
I can see it now. Sherry will cost Summit County another half a million in wrongful imprisionment AGAIN. Another case bungled by an incompentant person elected to a position of prosecutor.
This is what we get for voting for a person whos track record is substandard but hey she is a democrat! Ya have to vote for her because of the party, it doesnt matter how bad a job she does.
I am a registered democrat too. But I know incompentance when I see it.
Really, of all people to hold prejudice against Ms. King, it sure as heck isn't Greg.
Give the guy a break. He's a former public defender, he's performed volunteer legal work for the poor, and now he's a prosecutor. He's also a Wooster grad - probably one of the schools most committed to social justice and equality in the NE Ohio area, except for maybe Oberlin.
None of you were present at the trial, none of you heard the comments made by Ms. King in their context. Attorneys are given great leeway in closing arguments. If he had something to point out during his closing argument and it was based on the testimony given, there's nothing improper about it. If a defense attorney had made the same argument, no one would have questioned it.
cops expect nothing less from defense attorneys.
I believe the problem with Summit County and Cuyahoga county is both prosecutors withhold facts that can prove the defendant is not guilty. Both are underfire for not haveing open discovery. When you put men in jail that did not do the crime you have problems. Walsh has done this on several occasions.
We all can not be in the court room however when on many occasions prosecutors office causes the wrong person to be in prision and it costs us millions of dollars because of bad prosecution we have to speak out. Remember Barbuto? No one spoke out, justice did not happen in Summit County. It took the news media to get him out the people in power here refused to do the job to a fellow good old boy. This is the problem in Summit County, we never make the public officials accountible for the bad decisions they make.
Again I can see us paying 500K for wrongful imprisionment again and another persons life wrecked by shoddy work by Walsh's imcompentant office.
Sharon = reverse discrimination ( white hater, racist) Its time to take responsibility for YOUR OWN ACTIONS and stop blaming color. Its getting OLD and nobody buys it. The law never gave me a break when it came to speeding tickets, parking tickets or traffic accidents. I am a white woman. I have no criminal record though. Im just making my own point. Or have I made a point by simply obeying the law. hmm......
Whether this be a racial issue or not, all of Summit Counties Systems are horrible. The Judicial system as much as any other. They pick and choose who is right and who is wrong, whether you have evidence of that or not. I am proof. If anyone wants to know what I am talking about, just ask me. I won my case because the Magistrate that shoed me didn't get voted in this time around. DJM
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