Judge lets Prosecutor's Office withdraw support for new trial request in 'Ohio 4' case

Lorain County Common Pleas Judge Giovanna Bremke has granted a request by county Prosecutor Tony Cillo's office to withdraw from motions his predecessor filed in cooperation with defense attorneys in the "Ohio 4" murder case. Bremke made the ruling Feb. 14, according to a copy obtained from the court. It was based on a motion Cillo's office filed Jan. 7 for permission to withdraw from joint motions filed in early December by his predecessor, former prosecutor J.D. Tomlinson, and attorneys for convicted killers Alfred Cleveland, Benson Davis, John Edwards and Lenworth Edwards. Convicted of her killing, all four men maintain they didn't murder Marsha Blakely in Lorain in 1991 and are seeking exoneration. Defendant Lenworth Edwards' attorney, Kimberly Kendall Corral, had opposed Cillo's request to withdraw the prosecution's support. Bremke inherited the case from her predecessor, James Miraldi. "While the parties cite different cases, they generally agree that the parties, under the prior Prosecutor's direction, entered into stipulations that are not binding on the parties until the court accepts the stipulations, which the court has not done," Bremke wrote. "They also agree that the court, at its discretion, can permit the state to withdraw its stipulations." Bremke's ruling also rejected any political factors as "this court will not consider politics when determining its decisions as it is not a factor of justice or law." Tomlinson, a Democrat, joined attorneys for the four men when they petitioned Common Pleas judges for permission to seek new trials at the end of Tomlinson's term. Tomlinson lost the November election to Cillo, a Republican, who a day after taking the oath of office asked the court to allow him to withdraw support for the defendants' petitions, pending further investigation and review of the cases. Despite Tomlinson joining the defendants' attorneys argument, Bremke found "the identity of the elected prosecutor irrelevant to the state's position" and also ruled that the victim's family had the right to be heard in court. "The state, under the prior prosecutor's administration, failed to notify the victim of the public proceeding which would certainly invoke their rights" under Ohio's "Marsy's Law," Bremke wrote. "Just as the defendant argues that his constitutional rights have been violated, this court cannot violate the victim's rights as the Ohio Constitution provides that the rights of the victim shall be 'protected in a manner no less vigorous than the rights afforded the accused,'" Bremke wrote. Lenworth Edwards may re-file his motion for permission to seek a new trial and other post-conviction motions without the support of the Prosecutor's Office, she wrote. Benson Davis, also known as Ian Davis, and John Edwards remain in prison. Cleveland and Lenworth Edwards were released on parole in 2020. All four men, their attorneys and supporters from across the country claim they are innocent and were wrongfully convicted in Blakely's murder thanks to witness William Avery Jr., who allegedly lied on the stand but recanted his testimony 20 years later. Avery has twice in the last 20 years said he lied but refused to testify to that after prosecutors wouldn't grant him immunity from perjury charges. State and federal appeals courts have denied all of the appeals filed by the Ohio 4 to date. Including Bremke, four different Common Pleas judges each have one of the Ohio 4 cases on their docket. John Edwards' case is assigned to Judge Donna Freeman. She vacated the joint motions between his attorneys and the Prosecutor's Office in a ruling on Jan. 29, according to court records. Davis' case is assigned to Judge Chris Cook, who in late December denied a joint defense and prosecution request to consolidate all four defendants' cases and denied Davis' request for an emergency hearing. He granted Cillo's request to withdraw from the joint motions in early January and also denied a request by the defense to reconsider that decision according to court records. Cleveland's case is assigned to Judge Christopher Rothgery, who in December denied Cleveland permission to seek a new trial, refused to dismiss the charges and a week later refused to reconsider those rulings at the request of the defense. Rothgery ruled that "no new facts or evidence ... have been discovered" that would lead him to grant Cleveland permission to seek a new trial.Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.