Judge denies attorney’s requests

Breaking into Redfern home case
Alex Green
Apr 25, 2014

 

It’s not what defense attorney Tom DeBacco wanted to hear.

DeBacco represents 19-year-old Alexander Reitzel, who faces felony charges for allegedly trying to break into the $835,000 home previously owned by State Rep. Chris Redfern, D-Catawba, last December.

DeBacco submitted a motion to retrieve phone records from Redfern, Ottawa County prosecutor Mark Mulligan, Ottawa County Sheriff Stephen Levorchick and Catawba Island Township police on or around the date of the alleged crime.

Visiting judge Dale Crawford denied the request, DeBacco said.

DeBacco also submitted a motion to cross-examine Redfern about any possible video editing done to the videos that, according to Mulligan and Redfern, show Reitzel trying to break-in.

This request, too, was denied — at least in DeBacco’s eyes.

Crawford told the defense attorney he could write and submit questions to Redfern directly, according to DeBacco.

”He said we could hire an investigator” DeBacco said.

DeBacco said he wants to know how the video was put together and if Redfern subscribed to a service that allowed editing of the video.

While DeBacco said he’s disappointed in the result of his requests, he did not criticize the visiting judge.

”I would have liked to seen all (the phone records)” DeBacco said. “But I’m not going to question the judge”

The phone records remain a critical element in the case for DeBacco, who has said all along that the charges were excessive and politically motivated.

As a result of Thursday’s hearing, any communication between the elected officials will apparently remain undisclosed.

Assistant prosecutor Joseph Gerber signed a motion to quash a subpoena and dismiss a motion for evidentiary hearing.

It reads: “If such documents exist, which have not already been produced, they do not make it more or less likely that defendant attempted to burglarize the victim’s home”

Reitzel was indicted five days after the alleged offense, a timespan much too quick, in DeBacco’s opinion.

Mulligan and Redfern have maintained the case was not fasttracked and there was no improper communication between them.

”It’s unsubstantiated,” Mulligan said in December. “The video shows (Reitzel) in real time on Redfern’s property for over an hour”

Redfern said he was offended by the allegations.  ”So Mr. DeBacco thinks I’m such a big shot, I can just get anyone indicted?” Redfern said in December. “I expect an apology”

About two weeks after the indictment, Ottawa County Common Pleas Court Judge Bruce Winters recused himself from the case.

Winters told the Register he has had a contentious relationship with Redfern ever since Winters fired Lorrain Croy from her magistrate position in 2012.

Redfern recently said he did not agree with that decision, but it has nothing to do with his support of Lorrain Croy in the upcoming race for Ottawa County Common Pleas Court judge. He also said Winters overdramatized the relationship.

Crawford declined to comment, as it’s an ongoing case.

Comments

DickTracey

Something sure as he11 stinks in Ottawa County, and it ain't dead fish!!

It's the stench coming from the good 'ole democrat boys!

This Redfern case infuriates me! The democrat Redfern, calls a Democrat sheriff, and gets the puppet democrat Mulligan to indict in days!

Apparently the 82 year old lady, that got ripped off for over $200,000 is a Republican!! Mulligan has not answered her calls, or ever even interviewed her.

This poor neighbor kid of Refern is going to have a felony on his record, before he graduates! There was absolutely NO DAMAGE done to Redferns property!

DeBacco tried to subpoena the Good Ole Boys phone records but got shot down, by Crawford.

Do not back down DeBacco!! Give 'em he!!

Ralph J.

Like!

Buckey_Fan

Couldn't agree with you more DickTracey! They will never convince me that it's not "Who you know" in Ottawa County, with some of the crap that goes on there.

DickTracey

Would you be referring to the DEMOCRAT Sheriff that was allowed to steal over $10,000 of FOJ grant money, that Democrat Mulligan saw " nothing criminal" in?

Doesnt anybody in Ottawa County see a pattern here? Wake up voters!

Ralph J.

Like!

Babo

The Feds have quietly moved up Bratton's sentencing date to May 23, 2014.

Also, isn't it interesting that Mulligan can quickly indict this kid at the request of one of his political cronies but sees no criminal offense when a defense attorney defending a cop (another political crony) stalks and harasses the victim of pending criminal case?

Looking into windows is burglary a felony but showing up to a crime victim's workplace and trying to pressure her into dropping criminal charges of domestic violence is not felony witness intimidation.

Justwow

Vote no always

Babo

Sure looks to me like Alexander Reitzel will not receive a fair trial before retired visiting judge Dale Crawford. Criminal defendants have constitutional rights to subpoena evidence to assist in their defense. IMO, Crawford appears to be interfering with discovery in this case to protect cronyism at its worst.

AJ Oliver

Hey Register Editors - are you OK with this anonymous libel & slander?

Babo

Mr. Oliver:

You need to be more specific about your broad and unsubstantiated allegations of libel. Moreover, slander is not applicable as it applies only to spoken or oral false statements of fact.

Proving libel of a public official such as Chris Redfern or Dale Crawford is very difficult as one must not only prove a written false statement of fact (not opinion) but that the writer did so with malice i.e. with the knowledge that the statement of fact was false or with reckless disregard of its falsity.

Ralph J.

DeBacco submitted a motion to retrieve phone records from Redfern, Ottawa County prosecutor Mark Mulligan, Ottawa County Sheriff Stephen Levorchick and Catawba Island Township police on or around the date of the alleged crime.

Visiting judge Dale Crawford denied the request, DeBacco said.

What kind of judge would deny discovery to the defendant's lawyer? Ottawa County sounds much more corrupt than Sandusky County. This smells of a conspiracy.

RULE 16. Discovery and Inspection
(A) Purpose, Scope and Reciprocity. This rule is to provide all parties in a criminal case with the information necessary for a full and fair adjudication of the facts, to protect the integrity of the justice system and the rights of defendants, and to protect the well-being of witnesses, victims, and society at large. All duties and remedies are subject to a standard of due diligence, apply to the defense and the prosecution equally, and are intended to be reciprocal. Once discovery is initiated by demand of the defendant, all parties have a continuing duty to supplement their disclosures.

Babo

What kind of judge would deny discovery to a criminal defendant? Answer: The same kind that helped obstruct justice in Sandusky County.

What is really ridiculous about denying the discovery request is that any person or member of the press could request these phone records from the public offices which employ all of them.

Thus, Chris Redfern's records are obtainable as he is a State Representative; Mark Mulligan's cell phone records are obtainable as he is the County prosecutor; Sheriff Levorchick's phone records are obtainable through the Sheriff's office; and the Catawba Insland police phone records are available from that office.

Just make a public records request for the phone records from the offices and the records will show calls made to and from Chris Redfern's numbers.

LegalizeFreewill

Simply request a jury trial & then put Redfern on the stand.
The accused has a right to confront his accuser & I'm pretty sure that the odds of not having a Republican or 6 on the jury is very slim.
Good Luck .... Sounds like all counties have some form of the good 'ol boy system.

sash

Redfern is not the accuser, the State is the accuser.

DickTracey

Redfern and Mulligan have changed their story, since this first broke.

Register Dec. 18, 2013
Redfern said he was in Pennsylvania when he randomly decided to watch the video surveillance that monitors the interior and exterior of his Catawba home. The video is accessible remotely.

“The way some people use their phone to look at Facebook or Twitter, I’m one of those crazy people who watches my video surveillance cameras” Redfern said.

He said he watched the surveillance footage for about an hour, during which time Reitzel was allegedly on his property.   

News Mess April 25, 2014
Redfern received an email alert saying his homes security system had been activated, and logged on to see Reitzel outside his home, Mulligan said. Redfern emailed those clips to Catawba Island police, according to prosecutors' office records.

"He did send snippets as the burglary was in progress", Mulligan said during the hearing.

In December, Redfern is quoted saying he was "randomly watching video".

Two days ago Mulligan says Redfern received an email alert.

Babo

Good catch! Inconsistent statements and changing stories indicates as you know that someone is lying.

2cents's picture
2cents

Oh my! I guess I am a felon as well, I have peeked in the windows of a few homes with for sale signs out front in the past just to get an idea of the layout.

Take a gook look around, most Americans are getting very tired of the people that say they work for us as politicians. These people more and more are very wealthy and are letting the typical American citizen down more and more. Very sad are the state of politics today : (

The Hero Zone's picture
The Hero Zone

I'll copy and paste what I wrote in response to AJ Oliver in the story about the Marshall Islands suing for disarmament. It matches up with your sentiments well, I think:

* * * * * * * * * *

Not just nuclear armaments but others that aren't covered by the treaty such as "kinetic bombardment" are being developed. The popular notion for that are tungsten rods housed in a satellite in space that can snipe locations on the earth with mach 10 bunker buster guided projectiles. No chemicals, no radiation, no fiery ordinance explosions.

While I understand one can't hug with nuclear arms, I am not against us having such weapons or other ways to ensure peace through strength (and not in the nuke-a-gay-whale-for-Christ kinda way). But issues like this are a great illustration that broadly various Congresses and the Presidency seem to love writing all kinds of laws (or entering various treaties) and never enforcing them, excusing various populations from them, or rewriting them on the fly.

Running a game store I am very well aware of a concept called the "Munchkin Fallacy" which goes: "I can because the rules don't say I can't." Once aware of such a fallacy you can see it be pervasive throughout our distant Federal government. I believe that we both can agree that there are many a Munchkin in D.C.

= = = = = = = = = =

In gaming, a munchkin is a player who plays what is intended to be a non-competitive game (usually a role-playing game) in an aggressively competitive manner. A munchkin seeks within the context of the game to amass the greatest power, score the most "kills", and grab the most loot, no matter how detrimental their actions are to role-playing, the storyline, fairness, or the other players' enjoyment. The term is used almost exclusively as a pejorative and frequently is used in reference to powergamers.

The term was applied originally to young gamers by older players,[1] presumably because the connotation of being short and ridiculous (like the Munchkins in the book and film The Wizard of Oz) made it an apt label for the childish gamers it was applied to. However, before long it came to refer to anyone who engaged in a juvenile gaming style no matter their height, age or experience.

Munchkins are often accused of twinking or roll-playing, a pun on 'role' that notes how munchkins are often more concerned with the numbers and die rolls than with the roles that they play.

A more neutral use of the term is in reference to novice players, who, not knowing yet how to roleplay, typically obsess about the statistical "power" of their characters rather than developing their characters' personalities.

http://en.wikipedia.org/wiki/Mun...(role-playing_games)