Ohio law gave only coroner the authority to investigate every police homicide in counties

CUYAHOGA COUNTY, OH – Prosecuting Attorney Michael O’Malley would be well within his civil rights as an office holder to tell Attorney General David Yost to get his Bureau of Criminal Investigations (BCI) investigators the fuck out of his county. 

Cuyahoga County Prosecuting Attorney Michael O’Malley possesses evidence of acts of dereliction of duty committed by employees in the Ohio Attorney General’s office under both Governor Richard Michael DeWine and now David Yost.

Coroner or medical examiner Dr. Thomas Gilson under Ohio law is the lone official state lawmakers charged with the duty and gave authority to investigate the cause of all violent deaths in  Cuyahoga County.  Yost’s office failed to ensure the private individuals who control East Cleveland’s police department, and were involved in a November 5 shooting that resulted in a violent death. were trained and operating with valid Ohio Peace Officer Training Academy (OPOTA) credentials.  

O’Malley’s dealing with the aftermath of the state attorney general’s dereliction with an R.C. 2935.09 and 2935.10 criminal complaint Chasing Justice activist Mariah Crenshaw filed against 24 private individuals impersonating cops in East Cleveland who Yost is now helping obstruct the coroner’s violent death investigation.   Unless Gilson can validate the credentials of the shooters, Cuyahoga County’s medical examiner performing the coroner’s duties can’t determine whether or not the individuals who responded to the call did so lawfully.

Instead of aiding the private individuals controlling a government law enforcement agency in their obstruction of the coroner’s violent death investigation duties, Yost’s BCI investigators should be investigating the East Cleveland usurpers for their OPOTA violations and unlawful arrests without credentials.  Since uncertified private individuals impersonating law enforcement officers on Ohio streets is a matter of statewide and intercounty concern, Yost in his official capacity as the state’s attorney general should be prosecuting them pursuant to the actual duties of the state’s attorney general found in R.C. 109.54(A).

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What Yost has done is obstruct O’Malley’s ability to solve the problem the attorney general’s office created that Crenshaw brought to his attention.  One of the obstructions caused by BCI’s interference is in O’Malley’s duty to advise Gilson on the three specific laws in Chapter 313 of Ohio’s Revised Code that gives the Connecticut transplant as well as law enforcement officers and EMS first responders “mandatory duties” to perform when they discover or create a violent death victim. 

R.C. 313.11 instructs all of this state’s first responders not to disturb a  body unless they’re attempting to resuscitate it without an order of the coroner (medical examiner).  R.C. 313.12 requires the coroner or Gilson to be notified of a violent death before the body is touched.  R.C. 313.05(2) gives the coroner or Gilson as the medical examiner the authority to appoint the type of law enforcement officer deputies he or she wants investigating the homicide under his control and supervision.  Gilson has two choices.  The municipal police and county sheriff.  

Since the BCI is under the authority of Yost in his official capacity as attorney general, that state officer plays no role in local “violent death” investigations under the coroner’s supervision in O’Malley’s county.

The office of Ohio’s attorney general under David Yost and his predecessor, Richard Michael DeWine, failed to ensure private individuals impersonating law enforcement officers with expired OPOTA credentials were not allowed to carry weapons and perform law enforcement duties. Neither noticed the state’s mayors, prosecutors, judges and councils about the private individuals stealing from them and creating legal liabilities with unlawful arrests.

Instead of advising the private individuals performing law enforcement duties without valid OPOTA credentials in East Cleveland to obey two of the three coroner’s duties laws, and interacting with O’Malley to advise Gilson to obey the third, Yost is compounding a problem his office created that O’Malley and Judge John Russo are trying to resolve.    He’s also exposed himself to a complaint of dereliction of duty from O’Malley pursuant to R.C. 2921.44(E).

It is Yost’s duty as the state’s attorney general to ensure that the same private cops he’s assisting in their unsupervised investigation are not operating privately as uncertified law enforcement officers.  Yost recently fired the state worker who wanted East Cleveland’s private cops off the streets in a further act of obstruction to prevent the law’s enforcement.  He’s sent no notices, however, to the state’s mayors, 88 prosecuting attorneys and 722 judges about the scope of the “licensing” compliance issue emanating from the attorney general’s office.

Consider the facts O’Malley and Gilson should be evaluating were it not for Yost’s office’s obstruction.

Maurice Brown was shot 11 times on Tuesday, November 5, 2019 by an individual wearing a police officer’s uniform who was under the supervision of private individuals discharging the duties of law enforcement and wearing weapons in violation of a state attorney general order for them to stop.   The attorney general’s office sent the warning to the licensee and not the officials that employed or interacted with them in the criminal justice system.

Cuyahoga County Court of Common Pleas Judge John Russo is trying to figure out the legal mess caused by derelict Ohio Attorney Generals who failed to ensure the state’s law enforcement officers were operating with valid OPOTA credentials while carrying weapons and performing law enforcement duties. Russo is dealing with the aftermath of 24 private individuals who impersonated law enforcement officers in East Cleveland while Attorney General David Yost aids them in obstructing the medical examiner’s violent death investigation.

Yost’s office is aware that O’Malley has been directed by Russo to review evidence of crimes surrounding private police chief Michael Cardilli and private detective bureau captain Scott Gardner among 24 private individuals he wants criminal charges filed against for carrying weapons and discharging law enforcement duties with forged training credentials.  Cardilli submitted a $10,000 reimbursement to Yost’s office for a non-existent OPOTA training class he and Gardner created to conceal their private law enforcement enterprise.  Enforcing Section 109:2-18-06(A) of Ohio’s administrative code is Yost’s duty.

Because Cardilli and Gardner are and have been privately controlling the municipal government’s police department, and are assisted by a private attorney named Willa Hemmons impersonating a municipal director of law, these private usurpers of public offices have ignored R.C. 149.43 to release the names of the individual shooters as a certified law enforcement officer would be required to do by law. 

Yost is fully aware of Crenshaw’s R.C. 2935.09 and 2935.10 complaint against Cardilli, Gardner and at least 22 other private individuals impersonating law enforcement officers under their supervision in East Cleveland.  The state’s attorney general fired the employee who wanted the problem solved with a database of cops similar to the one Supreme Court of Ohio maintains for attorneys.

Instead of investigating the private law enforcement acts engaged in by the individuals who his office knows impersonated law enforcement officers, Yost’s office is aiding “individuals” and obstructing not only O’Malley and Gilson, but the will of Russo in his official capacity as a judge to have them held accountable. 

The state law Yost’s office must enforce is found in section 109:2-18-06(A) of Ohio’s Administrative Code.  It instructed Cardilli, Gardner and their 22 private law enforcement officer “usurpers” to “cease carrying a firearm and performing the functions of a peace officer or trooper” until such time as evidence of compliance is filed with OPOTA’s executive director.

Chasing Justice’s Mariah Crenshaw shared that Attorney General David Yost fired the state employee who wanted to create the same type of database for cops that exists for lawyers under the Supreme Court of Ohio’s supervision. In a meeting with Prosecuting Attorney Michael O’Malley he appeared frustrated when she told him he had to validate the credentials of cops filing charges or suffer his own legal exposure for presenting their cases if he didn’t.

Filing after they violated OAC 109:2-18-06)(A) did not ratify their previous unlawful arrests without credentials.  Even now Cardilli is criminally seeking to collect a pension on more than 10 years of operating in violation of that state law and leaving East Cleveland potentially millions in legal liabilities for his unlawful arrests and theft in office.  It’s one of the effects of the dereliction from the Ohio attorney general’s office that’s left for Russo and O’Malley to unravel.

Evidence of Gardner’s continued violation of OAC 109:2-18-06(A) came recently in the “pronouncement of death” information the private law enforcement officer impersonator caused to be shared with Cleveland.com’s inexperienced police beat reporter, Adam Ferrise.  Gardner should have advised him to get his information from Gilson’s office since the medical examiner is supposed to acquire every record created and connected to the violent death.

Ferrise shared the alleged private “cop’s” information about Brown that he “received” either directly or indirectly from the FBI’s NCIC database and LEADS that the violent death victim had been imprisoned three times.  Only certified law enforcement officers are authorized to access and receive information acquired from the FBI’s NCIC database and LEADS pursuant to the agency’s NCIC 2000 Manual.

A 911 call released by Gardner and the private individuals Crenshaw and Russo have confirmed impersonated law enforcement officers identified that Brown was being accused of raping a woman he’d once allegedly dated.  The woman had been shot inside and escaped to outside the Coventry apartments at Superior and Coventry roads around 3:45 p.m. on Tuesday, November 5 … election day. 

An armed Maurice Brown was shot 11 times on November 5, 2019 by individuals who may or may not have been OPOTA certified law enforcement officers.

The bodycam worn by an individual performing law enforcement duties shows Brown dragging the woman by the head before he’s gunned down.  The man released from prison in August was shot 11 times by individuals who may or may not have been authorized to drive public safety vehicles in response to 911 calls and carry weapons.  

Until their names are released and their credentials validated, it’s not yet known whether or not Brown’s shooters were certified law enforcement officers or private individuals impersonating law enforcement officers.  

One of the times Gardner operated under the color of law with expired credentials was during another “partnership” with BCI that obstructed the coroner’s violent death investigation of Timothy Russell and Malissa Williams’s 137 bullet slaughter.   Gardner also served as president of a police collective bargaining union that was de-certified by the IRS as a non-profit for not filing its annual 990’s.  With the legal status of a non-profit their negotiations with the city was a sham and the contract unenforceable.

These facts underscore why O’Malley should be outraged at Yost’s obstruction as he impedes his right to advise Gilson to perform the coroner’s duties in the manner as he’s been instructed in R.C. 313.  Since their training records were forged or non-eixstent, it’s not known whether or not the private individuals leading East Cleveland’s police department “actually” received OPOTA’s conflict de-escalation and use of deadly force training.

When he shared pronouncements about the cause of Maurice Brown’s death Scott Gardner was operating as a private citizen in control of a municipal government’s law enforcement detective bureau. Gardner has been twice charged in Cuyahoga and Medina countie on felony law violations. At least three times he’s engaged in theft in office and made arrests under the color of law without OPOTA credentials.

The statutory relationship state lawmakers created between the office of the coroner and the Ohio attorney general’s BCI is identified in one section of the Revised Code as it pertains to unidentified bodies.  R.C. 313.08 instructs the coroner to cause fingerprints, photographs and the DNA of the victim to be forwarded to BCI for inclusion in the unidentified person database.  There is no other statutory role for BCI to play in the coroner’s investigation of how Brown came to die, violently, since his identity is known.

Section (F) of R.C. 313.08 (4) instructs BCI officials only to “cause the fingerprints, the photographs, and the DNA specimen forwarded by the coroner to the bureau pursuant to division (E)(4) of this section to be forwarded to the national crime information center and the national DNA index system within ten days after the bureau completes the DNA analysis of the forwarded DNA specimen.”

As “investigators” state lawmakers limited BCI’s duties even more in R.C. 109.54(A).

The bureau of criminal identification and investigation may investigate any criminal activity in this state that is of statewide or intercounty concern when requested by local authorities and may aid federal authorities, when requested, in their investigation of any criminal activity in this state.”

Since East Cleveland police have no control over the coroner’s violent death investigation, nowhere within R.C. 313 or even the attorney general’s duties in R.C. 109, are municipal police officers the “local authority” charged with performing the coroner’s violent death investigation duties.   Gilson, not the broke city’s privately-controlled police, should have asked for help in his “violent death” investigation if he needed it.

If the coroner or medical examiner needs more information for his violent death investigation, R.C. 313.09 gave Gilson instructions on who he’s authorized to receive it from.  Gilson appears not to have mastered this state’s Revised Code over the past 7 years he’s failed to obey R.C. 313’s instructions.

“The sheriff of the county, the police of the city, the constable of the township, or marshal of the village in which the death occurred may be requested to furnish more information or make further investigation when requested by the coroner or his deputy.”

Even in Gardner’s “pronouncement” of Brown’s violent death to Ferrise and his decision to release details about it, there are instructions on the official who can make that pronouncement in Section 4731-14-01(A)(7) of Ohio’s administrative code.

“(A) Only an individual holding one of the following current certificates or licenses may pronounce a person dead: (7) A coroner’s investigator as referenced in section 313.05 of the Revised Code.”

As Gilson’s presence in the vast majority of violent deaths caused by Cuyahoga County law enforcement officers has been publicly non-existent, the public comments private individuals are making about Brown’s violent death supports the allegation they’re controlling the investigation, not Gilson; and they’re doing it in conspiracy with BCI investigators under the attorney general’s supervision.

Chief of police impersonator Michael Cardilli privately controlled East Cleveland’s police department without OPOTA credentials and directed other private individuals to carry weapons and perform law enforcement duties “under the color of law” without them. Cardilli’s organized crime gang submitted fraudulent payroll records, negotiated a collective bargaining agreement from an IRS de-certified labor union; and submitted a roster of private individuals who’d never taken OPOTA tests to the attorney general’s office for a $10,000 class reimbursement.  Instead of prosecuting Cardilli, attorney general Yost is helping him.

The 47131-14-01(A)(7) section of the Ohio Administrative Code this writer cited is a duty imposed on the medical board Yost’s office is supposed to advise.  It’s his duty to ensure the state’s medical board is holding coroners and medical examiners like Gilson accountable for performing the duties identified in R.C. 313.  

Pursuant to R.C. 109.54(C)(1) the “obstruction” of this state’s “violent death” investigations appears to be coming from Yost’s office with his duty-exceeding decision to aid and not investigate the criminal activities of private individuals impersonating law enforcement officers.

“No state official shall command, order, or direct an investigator to perform any duty or service that is not authorized by law. The power and duties conferred by this section on the bureau of criminal identification and investigation are supplementary to, and in no way a limitation on, the power and duties of sheriffs or other peace officers of the state or a political subdivision of the state.”

Instead of conspiring with the private individuals who control East Cleveland’s department and shot and killed Brown, Yost should be investigating his own “derelict” employees for the way they’ve allowed cops across Ohio to work without OPOTA credentials he’s supposed to make sure they possess.

Fingers could be pointed at East Cleveland Mayor Brandon King, but he seems powerless in his ability to remove the private-controlled majority white male-led gang of armed criminals from the city’s payroll that Yost and his predecessor are aiding instead of investigating and causing to be prosecuted.

The attorney general’s office under DeWine and Yost has provided no notice or guidance to local mayors who don’t know how to stop armed private individuals impersonating law enforcement officers from wearing the municipal corporation’s uniforms, driving its public safety vehicles, accessing the FBI’s NCIC database, and otherwise impersonating law enforcement officers with his office’s assistance. 

Eric Jonathan Brewer

Cleveland's most influential journalist and East Cleveland's most successful mayor is an East Saint Louis, Illinois native whose father led the city's petition drive in 1969 to elect the first black mayor in 1971. Eric is an old-school investigative reporter whose 40-year body of editorial work has been demonstrably effective. No local journalist is feared or respected more.

Trained in newspaper publishing by the legendary Call & Post Publisher William Otis Walker in 1978 when it was the nation's 5th largest Black-owned publication, Eric has published and edited 13 local, regional and statewide publications across Ohio. Adding to his publishing and reporting resume is Eric's career in government. Eric served as the city's highest paid part-time Special Assistant to ex-Cleveland Mayor Michael R. White. He served as Chief of Staff to ex-East Cleveland Mayor Emmanuel Onunwor; and Chief of Communications to the late George James in his capacity as the Cuyahoga Metropolitan Housing Authority's first Black executive director. Eric was appointed to serve as a member of the state's Financial Planning & Supervision Commission to guide the East Cleveland school district out of fiscal emergency and $20 million deficit. Former U.S. HUD Secretary Alphonso Jackson told Eric in his D.C. office he was the only mayor in the nation simultaneously-managing a municipal block grant program. Eric wrote the city's $2.2 million Neighborhood Stabilization Program grant application. A HUD Inspector General audit of his management of the block grant program resulted in "zero" audit findings.

As a newspaper publisher, Eric has used his insider's detailed knowledge of government and his publications to lead the FBI and state prosecutors to investigations that resulted in criminal prosecutions of well-known elected officials in Ohio; and have helped realign Cleveland's political landscape with the defeat of candidates and issues he's exposed. Eric's stories led to the indictments of the late Governor George Voinovich's brother, Paul Voinovich of the V Group, and four associates. He asked the FBI to investigate the mayor he'd served as chief of staff for public corruption; and testified in three federal trials for the prosecution. He forced former Cuyahoga County Coroner Dr. Elizabeth Balraj to admit her investigations of police killings were fraudulent; and to issue notices to local police that her investigators would control police killing investigations. Eric's current work has resulted in Cuyahoga County Judge John Russo accepting the criminal complaint he guided an activist to file against 24 civil rights-violating police officers in the city he once led for operating without valid peace officer credentials. USA Today reporters picked up on Eric's police credentials reporting from his social media page and made it national.

Eric is the author of of his first book, "Fight Police License Plate Spying," which examines the FBI and local police misuse of the National Crime Information Center criminal records history database. An accomplished trumpet player and singer whose friendship with Duke Fakir of the Four Tops resulted in his singing the show's closing song, "Can't Help Myself": Curtis Sliwa of New York's Guardian Angels counts Eric among his founding chapter leaders from the early 1980's role as an Ohio organizer of over 300 volunteer crime fighters in Cleveland, Columbus and Youngstown, Ohio. For his work as a young man Eric was recognized by Cleveland's Urban League as it's 1983 Young Man of the Year.

Known in Cleveland for his encyclopedic knowledge of government and history, and intimately-connected with the region's players, every local major media outlet in Cleveland has picked up on one of Eric's stories since 1979. There is no mainstream newspaper, television or radio outlet in Cleveland that does not include an interview with Eric Jonathan Brewer in its archives over the past 40 years.

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