Prosecutor ordered to respond to lawsuit

The Ohio Supreme Court has given the Lorain County Prosecutor's Office until April 10 to respond to a legal challenge over claims by a former Lorain city councilman that voter fraud in a 2015 primary race was not properly investigated. In a ruling issued Thursday, the state high court ordered Prosecutor Dennis Will and Assistant Prosecutor Gerald Innes to respond to allegations made by Dennis Flores and Ohio Citizens for Honesty, Integrity and Openness in Government by the end of next week. Attorney Gerald Phillips, who filed the lawsuit on behalf of the group and Flores, alleged that the prosecutors covered up voter fraud and then covered up the coverup. Phillips said Thursday he was glad the Supreme Court did not delay the case due to the pandemic. If any felony voter fraud charges were to be filed, there are only a few more months on the statute of limitations to do so, he said. "I think they made the right decision," Phillips said. "The decision will be made rather than delayed."Innes and Will have denied Phillips accusations and said they intend to fight them in court. They pointed to a Lorain Police Department report that recommended only that prosecutors charge Anthony Horn Sr. with improperly accepting tax benefits on rental properties he owns in Lorain County. Both Will and Innes have said they will fight the allegations in court, with Will having called Phillips' accusations political games leading up to the since-canceled March 17 primary. Will said Thursday that his legal counsel will respond to the suit. "We are prepared to file a response in a timely manner and those issues will be addressed," he said. Phillips is a Republican candidate for Lorain County commissioner in this year's primary election. He is running against North Ridgeville City Councilwoman Michelle Hung. Will, a Democrat, is facing a primary challenge from attorney J.D. Tomlinson. Phillips is seeking to force Will and Innes to act on Lorain County Common Pleas Judge Mark Betleski's 2017 referral letter to Will's office recommending an investigation into criminal voter fraud brought to light in a lawsuit Flores filed in 2015 when he lost the primary to Ryan Horn, Anthony Horn Sr.'s son. Flores later was named the winner of that race after Betleski found cause that some of those who voted for Horn voted improperly. Flores no longer is on Lorain City Council. Will previously said Lorain police found no criminal conduct, recommending only that Anthony Horn Sr. be charged with misdemeanors for improperly claiming tax benefits on several properties he owned in Lorain. Those charges were fourth-degree misdemeanors, and Will said he encouraged police to file them in Lorain Municipal Court. That did not happen, according to court records. In March, Phillips also called on Will to "resign if elected" in the March 17 primary and let Tomlinson take his place. The election has been delayed to April 28 due to the COVID-19 pandemic. Phillips and attorney Robert Gargasz have since gone before Lorain County commissioners to protest the handling of the situation. Gargasz, of Lorain, is the Republican candidate for prosecutor who will face either Will or Tomlinson in the November election. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him at @daveobrienCT on Twitter.