Logan police are conspiring to conceal Alecia Kitts’ armed “color of law” kidnapping

CLEVELAND, OH – Logan-Hocking police officer Chris Smith should have been arrested by chief of police Jerry Mellinger as soon as he showed up with a handcuffed Alecia Kitts this armed thug kidnapped and tried to criminally charge  for complying with Governor Richard Michael DeWine’s mask order.  At all times in Ohio citizens with medical conditions they do not have to disclose to anyone under federal patient privacy laws were exempted. 

Abigal Saving is Logan’s city director of law and chief prosecuting attorney.  Instead of conspiring to deliver criminal charges against Kitts to Logan Hocking’s county municipal court of “criminal trespassing” and “resising arrest,” she should have criminally charged Smith, the supervisor and Mellinger who signed off on his kidnapping for violating her constitutional rights under the color of law; all in plain view violation of Sections 241 and 242 of the United States Code.

Now, as a result of her knowing real estate law better than constitutional law, Saving will find herself involved in the federal conspiracy against Kitts’ rights that she failed to report in violation of 18 U.S.C. 4.  Misprision of felony.  So will Judge Frederick T. Moses if he unknowingly presides over the trial.

This is the 18 U.S.C. 241 and 242 warning from the U.S. Department of Justice police, prosecutors and judges across the nation got but didn’t read, and that Supreme Court of Ohio chief Justice Maureen O’Connor in 2014 emailed to all of the state’s 722 judges as she delivered them a copy of two separate letters signed by assistant U.S. Attorneys Lisa Foster and Vanita Gupta. 

Saving should at all times remember the duties of prosecuting attorneys under Rule 3.8(a) of Ohio’s Rules of Professional Conduct.  “The prosecutor in a criminal case shall not do any of the following:  (a) pursue or prosecute a charge that the prosecutor knows is not supported
by probable cause.”

It is not going to go well for Chris Smith and his family in Logan, Ohio with his violently insane tasing and kidnapping of Alecia Kitts for not wearing a mask at a high school football game.

The two federal “color of law” statutes were upgraded from misdemeanors to felonies under the 1994 Violent Crime and Law Enforcement Control Act.  Folk didn’t read the “law enforcement control” language to understand what it meant.  10 years in prison for the crimes associated with the violation of Kitts’ federal constitutional rights.  Smith could be facing the death penalty had his armed violence against an American citizen cost Kitts her life.

U.S. Attorney for the Southern District of Ohio, David Devillers has no choice but to examine Kitts’ highly-publicized armed kidnapping by an individual impersonating a law enforcement officer as Smith was discharging no lawful duties of the office. U.S. Attorney William Barr alerted the nation’s 94 U.S. Attorneys to be on the lookout for exactly this type of civil rights violation to prosecute. 

Smith won’t get a break being the only American Negro on the city’s police department.  He should have respected Kitts’ constitutional rights as he respected his own.  A bit of evidence shows them both unmasked as he executes his armed kidnapping in violation of his oath of office.

Saving should have also used Ohio’s indemnification law to separate the city from Smith’s unlawful conduct as nothing he did, or the individuals conspiring to prosecute Kitts, is within the statutory duties of his public employment or oath of office. She’s violating R.C. 733.57 of for failing to apply the “specific performance” of the public duties police are conspiring to avoid.

Dewine has called the incident created out of his “mask” and “social distancing” confusion “unfortunate.”  He knows as the state’s “chief law enforcement officer,” and former attorney general responsible for overseeing the training and certification of police officers, that Smith was enforcing no “federal, state or local criminal law” and the the charges are not lawful.  The duties of law enforcement officers are found in Section 737.11 of Ohio’s Revised Code.

“The police force of a municipal corporation shall preserve the peace, protect persons and property, and obey and enforce all ordinances of the legislative authority of the municipal corporation, all criminal laws of the state and the United States, all court orders issued and consent agreements approved pursuant to sections 2919.26 and 3113.31 of the Revised Code, all protection orders issued pursuant to section 2903.213 or 2903.214 of the Revised Code, and protection orders issued by courts of another state, as defined in section 2919.27 of the Revised Code. “

The only time police are involved in the mitigation of pandemics under Ohio law is at the direction of the director of the board of health, not the board of education, who has hired them to guard an infected person’s home.  26 pandemic-mitigating laws exist in Ohio’s revised code and none authorized Smith to arrest Kitts at a football game for not wearing a mask.   The one granting police authority is found in R.C. 3707.09.

3707.09 Board may employ quarantine guards.  The board of health of a city or general health district may employ as many persons as are necessary to execute its orders and properly guard any house or place containing any person affected with or exposed to a communicable disease declared quarantinable by the board or the department of health. The persons employed shall be sworn in as quarantine guards, shall have police powers, and may use all necessary means to enforce sections 3707.01 to 3707.53, inclusive, of the Revised Code, for the prevention of contagious or infectious disease, or the orders of any board made in pursuance thereof.

At all times Kitts was within her lawful rights to be present at the high school football game unmasked; and Logan-Hocking school officials had no legal authority to enact a “policy” that in its effect voided her constitutional rights and suspended the state’s general laws.  No such authority is given to a school board under any section of Title 33 in Ohio’s revised code. 

One would think the last thing cops would do during a pandemic is create an unnecessary encounter with someone over a minor offense. The other issue is the health threat cops doing this stupid shit creates for all of us as they interact with all types of people and expose themselves and every person they encounter afterwards to whatever they might have picked up from an infected person. The only thing cops across the state should be doing is responding to 911 calls and solving homicides, rapes and other crimes of violence. An unmasked Chris Smith uses his radio to call in his “arrest” of Alecia Kitts for not wearing a mask.

The “policy” of the school district should have been reviewed by either Logan’s city director of law or the county prosecutor.  Pursuant to R.C. 3315.35, and whether the school board wanted to or not, the structure of Logan’s and every other school board in Ohio is to obtain all of its legal advice from either the county prosecutor or the city director of law. 

3313.35 Legal adviser of boards of education and governing board of an educational service center.  Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section that apply to a city school district do not apply to a joint vocational or cooperative education school district unless otherwise specified. Except in city, joint vocational, and cooperative education school districts, the prosecuting attorney of the county shall be the legal adviser of all boards of education and the governing board of an educational service center in the county in which the prosecuting attorney is serving. The prosecuting attorney shall prosecute all actions against a member or officer of a board for malfeasance or misfeasance in office, and he shall be the legal counsel of such boards or the officers thereof in all civil actions brought by or against them and shall conduct such actions in his official capacity. In the case of educational service centers created under section 3311.053 of the Revised Code, the legal adviser shall be the prosecuting attorney of the county in which the largest number of pupils supervised by the governing board of the educational service center reside. In joint vocational and cooperative education school districts the legal adviser shall be the prosecuting attorney of the most populous county containing a school district which is a member of the joint vocational or cooperative education school district. When such civil action is between two or more boards in the same county, the prosecuting attorney shall not be required to act for either of them. In city school districts, the city director of law shall be the legal adviser and attorney for the board thereof, and shall perform the same services for such board as required of the prosecuting attorney for other boards of the county. Such duties shall devolve upon any official serving in a capacity similar to that of prosecuting attorney or city director of law for the territory wherein a school district is situated regardless of his official designation. In a district which becomes a city school district pursuant to section 3311.10 of the Revised Code, the legal adviser shall be the solicitor or director of law of the largest of the municipal corporations all or a part of which is included within the school district boundaries. No compensation in addition to such officer’s regular salary shall be allowed for such services.

Whether they know it or not, this incident will not go well for Smith and the named officials above now engaged in a conspiracy to violate Kitts’ constitutional rights.  Every individual connected to her arrest and the charges now going forward to her October 4, 2020 arraignment before Judge Frederick T. Moses is  knowingly involved in a conspiracy to criminally violate her constitutional rights unless charges are withdrawn immediately.   

Logan city director of law appears to be leading a conspiracy to violate Alecia Kitts constitutional rights under the color of law by allowing charges of criminal trespass and resisting arrest to go forward instead of charging Chris Smith with kidnapping.

Saving has no other duty but to charge Smith, Mellinger and the school officials whose policy sought to suspend her constitutional rights and state law; and who all exceeded the duties of the public offices and jobs they held.  Instead of moving forward she should be consulting with DeVillers. The “admission of guilt” is in the Logan police department’s own statement.

On September 23rd at approximately 5:30 P.M. School Resource Officer Chris Smith was working a special duty detail at the Logan High School Stadium for the 7th and 8th grade football games. The special duty assignment was requested by the Logan Hocking School District to help ensure the safety of the fans and athletes during their inside and outside sporting events.

One of the duties of the assignment is to ensure fans and are complying with CDC, Ohio Health Department, Ohio Athletic Association and Logan Hocking School District policy rules and guidelines. One of these policy guidelines mandated by the Logan Hocking School District is that all spectators must wear a mask while on school property.

Officer Smith was walking in the stadium and observed a female sitting in the stands without a mask, he approached the female and advised her she needed to put her mask on as required by the school policy. The female advised that she had asthma and was not going to put it on. Officer Smith advised the female several times that she needed to put her mask on, and that if she did not, she would be asked to leave and would have wait outside the stadium. The female continually refused his request and Officer Smith advised her that if she refused to leave, she would be cited for trespassing and escorted off the property.

When read in light of the statutory duties of police and school boards under Ohio law, it’s evident from their own words that Logan police were exceeding the lawful authority of law enforcement officers pursuant to R.C. 737.11.  Instead of enforcing local, state and criminal “ordinances” and “laws” they were obstructing the city’s official business by enforcing “CDC, Ohio Health Department Ohio Athletic Asasociation and Logan Hocking School District policy rules and guidelines.”

Law enforcement authority was being unlawfully discharged, according to the statement, to enforce a policy guideline that all spectators must wear a mask while on school property.  R.C. 737.11 grants Logan police no statutory authority to enforce any “policy.”   If any school official actually “directed” Smith to Kitts that person should be charged for reporting a false crime.

The “color of law” and “conspiracy” violations are the two criminal charges of trespassing and resisting the kidnapping Logan police and Saving are using as criminal tools to conceal Smith’s unalwful acts.  These types of prohibited acts are all in the warning O’Connor shared with the state’s 722 judges; and in the conclusions of the U.S. DOJ investigations of Cleveland police that identifies federal conspiracy and color of law offenses which applies equally under the law to all police, prosecutors and judges.

There is no fact or evidence in the Logan police department’s news release that shows Kitts engaged in “criminal trespass” or “resisting arrest,” as Smith was not enforcing any “law” or discharging the duties of a law enforcement officer pursuant to the Ohio law the “assignment” cannot suspend.  This shit is seriously pissing me the fuck off as part of the confusion DeWine and Dr. Amy Stearns-Acton created when they lied the state into a panic that 117,000 of us were “CoVid 19 infected.”  The real number was 13.

Logan’s “criminal trespass” ordinance literally mirrors every other ordinance across the state of Ohio; and that includes those I enforced as East Cleveland’s chief law enforcement during my term as mayor. All are within the language, with the exception of the offenses, of Ohio’s general criminal trespass law.

131.06  CRIMINAL TRESPASS; AGGRAVATED TRESPASS.  (A)   No person, without privilege to do so, shall do any of the following:  (1)   Knowingly enter or remain on the land or premises of another;  (2)   Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;  (3)   Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;  (4)   Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.  (B)   It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.  (C)   It is no defense to a charge under this section  that the offender was authorized to enter or remain on the land or premises involved, when the authorization was secured by deception.   (D)   (1)   Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

The same facts in Logan’s police department discredits the “resisting arrest” charge under the city’s ordinances.

136.08  RESISTING ARREST.   (A)   No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself, herself or another.   (B)   Whoever violates this section is guilty of resisting arrest, a misdemeanor of the second degree.  If the offense is committed by an offender who brandishes a deadly weapon or who attempts to gain control of a deadly weapon that is in the possession of a law enforcement officer, resisting arrest is a felony to be prosecuted under appropriate state law.   (C)   As used in this section, DEADLY WEAPON has the same meaning as in § 137.01 and R.C. § 2923.11.
What would normally happen in a situation like this is police and the prosecutor would offer Kitts a deal to drop all charges in exchange for her signing a “waiver” that she won’t file a legal claim against Smith, the police and the city.  The “waiver” isn’t worth the paper it’s written as it is not a creation of law, but a creation of the conspiracy to obstruct the “felony” from being reported as required pursuant to 18 U.S.C. 4, Misprision of felony.   The late Richard Baumgartner was a Kentucky judge federal prosecutors prosecuted for this offense in 2014.
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
So even if she signed a waiver, or anyone else for that matter, the document is not legal and can be used as evidence of the conspiracy. The “act” of negotiating a waiver between police, prosecutors and a victim of their unlawful conduct is not authorized by any law.  Policies that circumvent laws can’t even be considered or imposed on any citizen.  Any elected or appointed official who cites a policy that seeks to avoid discharging a legal duty is engaged in obstruction of official business and theft in office.
If US Attorney for the Southern District of Ohio is complying with U.S. Attorney General William Barr’s instructions to be on the lookout for violations of constitutional rights connected to unconstitutional orders from state closings then he’s already sent an FBI agent to begin asking Logan officials questions.

Mayor Greg Fraunfelter has a problem his law director’s aid in concealing Smith’s unlawful arrest is creating for the city; and no one should think an arrest like this has not caught the White House’s attention as President Donald Trump heads for Ohio and a debate with Joe Biden.  

Smith used a taser on Kitts, an asthmatic, because she was an American citizen lawfully exercising all of her constitutional rights on public property paid for by her property tax dollars bought by school officials she elected.  Kitts’ money aided in paying for the job Smith should soon be losing.  Her money paid for the lawyer he’s going to need to defend himself, personally, against the lawsuit Kitts now has a right to file because he didn’t read the instructions in R.C. 737.11 the state senators and state representatives wrote as mandates that her vote also elected.

What Smith doesn’t know is that right now Kitts has rights pursuant to R.C. 2935.09 and 2935.10 to instruct Judge Moses to charge him, Saving and the school district’s board for the policy and her arrest.

She has the authority pursuant to R.C. 3.09 to bring misconduct charges against the mayor based on her collecting the signatures of 15 percent of the city’s voters to remove him from office as well as Mellinger and Saving.  The same for every member of the school board who voted for the policy.  They all engaged in misconduct by exceeding the authority of the public offices they held; and obstructing the rights of the board of health to determine when to deploy police to enforce a health order.

It’s the level of violence Smith used against Kitts while armed that makes his crimes against this American woman federal; and why it has to be viewed by DeVillers’ in the office of the U.S. Attorney for the Southern District of Ohio.

According to the Logan police statement the arrest is being investigated.  If that were so there’d be no charges against Kitts until the investigation was concluded. The fact the charges are going forward before the conclusion of the investigation is evidence that it’s nothing more than a “sham.”

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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