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By Ed Meyer and Phil Trexler
Beacon Journal staff writers
POSTED: 01:22 p.m. EDT, Oct 30, 2008
The Summit County prosecutor at the center of a dispute with Akron police collapsed in court this morning moments after a judge delayed sentencing in a murder case.
Summit County Common Pleas Judge Brenda Burnham Unruh moved the sentencing date for Courtland J. Wright, 27, to Dec. 3. Defense lawyers made the request to give them time to consider a motion for a new trial based on prosecutorial misconduct.
Wright was convicted of murder and other offenses in the July 4 drug-related shooting of a 62-year-old man outside of the West Market Street Circle K gas station.
As this morning's hearing was concluding, Assistant Summit County Prosecutor Gregory Peacock — who had argued against a sentencing delay and is embroiled in a dispute with Akron police over his comments about a detective — appeared to have fainted in the courtroom.
Peacock quickly got up under his own power, sat down for a few moments in the office of the judge's staff and did not require any medical attention, court officials said.
Reached at his office later by phone, Peacock denied fainting. He said he tripped ''and everyone overreacted.''
Peacock and Akron police detective Bertina King, who was subpoenaed to testify as a government witness in Wright's trial last week, have been publicly at odds over derogatory comments Peacock made in his closing argument.
King, Peacock claimed to jurors, betrayed fellow officers to protect an alleged gang member involved in Wright's case.
More than 100 Akron police officers have signed a petition demanding a retraction from Peacock. Police Chief Michael Matulavich has called Peacock's comments ''disgusting'' and said there is now a strained relationship between the two crime-fighting agencies.
Peacock has refused to retract, comment on, or explain his allegations against King. Prosecutor Sherri Bevan Walsh has deferred comment to a subordinate, who said the office stands by Peacock and his allegations made to the jury.
Wright, an admitted drug dealer, claimed he shot Robert Smith in self-defense. Alleged gang member Acea Smith, a witness and longtime friend of King's, called the detective's cell phone immediately after the fatal shooting.
Acea Smith confirmed Wright's self-defense claim in a subsequent interview with King.
Prosecutors did not call Smith or King as witnesses.
However, Wright's defense lawyers, Joseph F. Gorman and Walter T. Madison, also subpoenaed King and Smith to testify, touching off the controversy.
After this morning's hearing, Gorman said he and Madison were looking at the details of the Peacock-King controversy as possible grounds for a new trial.
According to Ohio law, a motion for a new trial must be filed within 14 days of the verdict.
''We're exploring all of our options for a new trial,'' Gorman said. Typically, he said, such motions are filed over newly discovered evidence or juror or prosecutorial misconduct.
Unruh conducted a sidebar conference with the two sides this morning, then scheduled Wright's new sentencing date for Dec. 3 at 9 a.m.
Afterward, Unruh said she expressed concern to the defense about a delay in sentencing because family members of the victim in the fatal shooting made arrangements to attend the sentencing that was supposed to take place today.
A Summit County jury convicted Wright of murder with a firearm specification, possession of a weapon under felony disability and tampering with evidence. He faces a prison sentence of 15 years to life.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com. Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
The Summit County prosecutor at the center of a dispute with Akron police collapsed in court this morning moments after a judge delayed sentencing in a murder case.
Summit County Common Pleas Judge Brenda Burnham Unruh moved the sentencing date for Courtland J. Wright, 27, to Dec. 3. Defense lawyers made the request to give them time to consider a motion for a new trial based on prosecutorial misconduct.
Wright was convicted of murder and other offenses in the July 4 drug-related shooting of a 62-year-old man outside of the West Market Street Circle K gas station.
As this morning's hearing was concluding, Assistant Summit County Prosecutor Gregory Peacock — who had argued against a sentencing delay and is embroiled in a dispute with Akron police over his comments about a detective — appeared to have fainted in the courtroom.
Peacock quickly got up under his own power, sat down for a few moments in the office of the judge's staff and did not require any medical attention, court officials said.
Reached at his office later by phone, Peacock denied fainting. He said he tripped ''and everyone overreacted.''
Peacock and Akron police detective Bertina King, who was subpoenaed to testify as a government witness in Wright's trial last week, have been publicly at odds over derogatory comments Peacock made in his closing argument.
King, Peacock claimed to jurors, betrayed fellow officers to protect an alleged gang member involved in Wright's case.
More than 100 Akron police officers have signed a petition demanding a retraction from Peacock. Police Chief Michael Matulavich has called Peacock's comments ''disgusting'' and said there is now a strained relationship between the two crime-fighting agencies.
Peacock has refused to retract, comment on, or explain his allegations against King. Prosecutor Sherri Bevan Walsh has deferred comment to a subordinate, who said the office stands by Peacock and his allegations made to the jury.
Wright, an admitted drug dealer, claimed he shot Robert Smith in self-defense. Alleged gang member Acea Smith, a witness and longtime friend of King's, called the detective's cell phone immediately after the fatal shooting.
Acea Smith confirmed Wright's self-defense claim in a subsequent interview with King.
Prosecutors did not call Smith or King as witnesses.
However, Wright's defense lawyers, Joseph F. Gorman and Walter T. Madison, also subpoenaed King and Smith to testify, touching off the controversy.
After this morning's hearing, Gorman said he and Madison were looking at the details of the Peacock-King controversy as possible grounds for a new trial.
According to Ohio law, a motion for a new trial must be filed within 14 days of the verdict.
''We're exploring all of our options for a new trial,'' Gorman said. Typically, he said, such motions are filed over newly discovered evidence or juror or prosecutorial misconduct.
Unruh conducted a sidebar conference with the two sides this morning, then scheduled Wright's new sentencing date for Dec. 3 at 9 a.m.
Afterward, Unruh said she expressed concern to the defense about a delay in sentencing because family members of the victim in the fatal shooting made arrangements to attend the sentencing that was supposed to take place today.
A Summit County jury convicted Wright of murder with a firearm specification, possession of a weapon under felony disability and tampering with evidence. He faces a prison sentence of 15 years to life.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com. Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
Comments
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Akron, OH
Posted 02:53 PM, 10/30/2008
Another stellar showing by the prosecutor's office and the judge.
Remember SBW and Judge Unruh at the ballot box next Tuesday. Give them both time off.
Posted 03:19 PM, 10/30/2008
I think it's time to give all judges time off. They are doing a real bang up job.
akron , oh
Posted 03:37 PM, 10/30/2008
Unruh has done nothing wrong in this case she is picking up the pieces of the prosecutor's office. Not an easy job.
Raleigh, NC
Posted 05:08 PM, 10/30/2008
Disagree with Nadine. She has done may things wrong if you have money or part of the click she is in you will be spared. Get rid of them all next week at the polls.Agree with James!!!!
Posted 05:36 PM, 10/30/2008
It is ridiculous to suggest that the judge is picking up the pieces of the prosecutor's office. What are you basing that on?
Why is no one questioning the police detective in this situation?? Why the heck is a police detective vouching -- publicly -- for a convicted gang member? That raises a lot of questions, ones that no one is willing to ask, I guess. Ones that probably won't get answered, either.
Raleigh, NC
Posted 05:41 PM, 10/30/2008
Agree with James, Lets clean house next Tuesday and get rid of the good old boy's club.
cuyahoga falls, oh
Posted 06:11 PM, 10/30/2008
obviously, the prosecutor knows one of these gang members was the detective's snitch
cops doing something not legal or wise? never. well, not hardly, anyways. i mean, not that often. heck, well, how about, hardly ever given public notice of it?
aw, just throw the case out---we've got to protect the cop from protecting criminals they favor...right?
Posted 06:11 PM, 10/30/2008
Sad
Posted 06:55 PM, 10/30/2008
The direct attack on the prosecutor has surely directed attention away from the acts of the police officer. As long as the issue is the prosecutor, Akron PD doesn't have to explain the officer's relationship.
Posted 06:56 PM, 10/30/2008
Imagine that, SBW stands by her employee. I wonder how many times she has done that even when they were wrong. It is so much easier to stand by them instead of admitting that they were wrong. Especially a week before election!
Posted 06:56 PM, 10/30/2008
Another bad job by Sherry Walshes office. I am tired of paying for bad prosecution. Send Walsh packing
Time to vote for Nancy Morrision
Posted 07:02 PM, 10/30/2008
Sherri pack, yeah right. She can't even show up at the office let alone pack.
Posted 07:04 PM, 10/30/2008
You implying that Nancy Morrison will hang her people out to dry? Not a real plus. I've heard her plans. Not a real plus.
Posted 07:14 PM, 10/30/2008
Her plans are to do the right thing not run a dysfunctional and dishonest office.
Posted 07:57 PM, 10/30/2008
Maybe Sherri's people should resign now that way when Morrison is elected they don't have to be hung out to dry.
akron, oh
Posted 08:12 PM, 10/30/2008
whats wrong with morrisons plans?
akron, oh
Posted 08:13 PM, 10/30/2008
a police officer cant know someone, even a criminal, on a personal level?
Copley, oh
Posted 09:16 PM, 10/30/2008
"Wright, an admitted drug dealer, claimed he shot Robert Smith in self-defense. Alleged gang member Acea Smith, a witness and longtime friend of King's, called the detective's cell phone immediately after the fatal shooting.
Acea Smith confirmed Wright's self-defense claim in a subsequent interview with King."
Let me get this straight: Smith, a gang member, called King, an APD detective, right after the shooting? AND then she and gangster guy testify for the murderer that it was self defense? Whose side is King on? Yikes.
Posted 09:35 PM, 10/30/2008
YEAH,so they charge someone with murder and then one of their own says he didnt do it--OOPSIE
Posted 09:36 PM, 10/30/2008
READ THIS: internal investigation:APD
Posted 09:41 PM, 10/30/2008
so exectly WHEN is the department of justice going to investigate this department
Posted 09:48 PM, 10/30/2008
To Angry: other than child support there is no plan, that is why she is not being taken seriously, the only suggestion of a plan is to reduce the pressure for deadbeats to pay. But this isn't about her. This is about an investigator and her ties. The APD position is almost behavior that begs the question why are they always so quick to dismiss their own problems and blame others
Posted 10:09 PM, 10/30/2008
Greg--quit trying to convict criminals and finally do some good--what we need is a diversion program for all of the friends of APD who kill people--nothing a little CBCF wont fix
Posted 10:24 PM, 10/30/2008
Dear Greg: I am begging you....please quit convicting people who are friends of the akron police department.....do your job and cover up for the cops--PLEASE
Copley, oh
Posted 11:06 PM, 10/30/2008
Why is the Beacon worried about that guy fainting in court when it looks like apd has some work to do? And I don't mean making friendships with gangsters...
Posted 11:09 PM, 10/30/2008
What the heck does this have to do with Nancy Morrison? Other than the fact that her husband is also a detective with APD, of course.
This situation screams of investigation. Has APD's Internal Affairs Division been following the news?
