Lorain man at center of Mercy Health v. Lorain police fight over body cavity searches convicted of misdemeanor obstructing

ELYRIA — A Lorain man whose arrest for allegedly hiding illegal drugs in a body cavity last year sparked a legal fight between law enforcement authorities and a private hospital had a lot to say in Lorain County Common Pleas Court on Friday after a judge resolved his criminal charges. Shortly before being sentenced to a year of probation, Tony L. Harris, 32, of Washington Avenue, alleged his constitutional rights were violated in November while he was in police custody — his bowel movements being watched for an alleged illegal bag of drugs in his rectum that never appeared and Harris said didn't exist. "I have rights as a human being. I have constitutional rights and all of my constitutional rights was violated that day. Every one," Harris said Friday in court. Following a one-day bench trial on Monday, Judge Giovanna Bremke on Friday found Harris not guilty of tampering with evidence and obstruction, both felonies, but guilty of the lesser misdemeanor charge of obstructing official business. Assistant Lorain County Prosecutor Brian James unsuccessfully petitioned Bremke to sentence Harris to local jail time based on "the effort and resources" Lorain police had to put into the case because Harris wouldn't cooperate, while defense attorney Sean Boris asked that his client get credit for any time already served. Harris told Bremke he was "completely innocent in this whole thing," charged for "something I know for sure that I didn't do." Harris spent nearly three days in police custody, being watched just in case he passed drugs in a bowel movement. He never did and no drugs were found despite two police officers allegedly seeing, and a body scanner showing, a possible foreign object in or near his rectum. "They don't know what I went through," Harris said in court, gesturing at the prosecution table to his right. "Three days. Being kidnapped. Using the bathroom in front of the police. And they still get here on the stand and lie and say I didn't use the bathroom." "These cops be lying," Harris said. "I'm innocent. I just wanted to say that." Bremke gave Harris the maximum sentence of 90 days in jail, all of which she suspended. She placed on one year probation. Background The felony charges were filed in November following Harris' arrest, which sparked a monthslong legal fight with the Lorain Police Department and county Prosecutor's Office on one side and Mercy Health Hospitals on the other. Harris was arrested in August 2024 by Lorain police while leaving a suspected drug house. A strip search and full body scan led officers to believe he was hiding drugs in his rectum, but he refused medical exams and the hospital refused to do anything more intrusive than give him a laxative and wait for a bowel movement. Police presented the hospital with two search warrants signed by Common Pleas judges seeking to retrieve the alleged evidence. Harris spent several days in the hospital refusing invasive medical procedures before he was released with a summons to appear in court. No drugs ever were retrieved. In May, Mercy Health, the city and county reached a settlement agreement in a federal discrimination and retaliation lawsuit the hospital filed in December. The city paid the hospital $75,000, which was reimbursed by the city's insurance company. The hospital — which is affiliated with the Catholic Church, is Lorain's only hospital and the city's largest employer — alleged retaliation over its refusal to violate its ethics. The alleged retaliation included Lorain Police Chief James McCann revoking a six-year-old agreement creating the Mercy Health Police Department in November. The legal settlement that was reached in May reinstated the hospital police department. The Prosecutor's Office and Mercy Health's attorneys argued the ethics and law surrounding body cavity search warrants for a full day in February in front of Bremke. Mercy Health doctors testified they couldn't ethically do a rectal exam or "scope" on Harris without his consent, while the Prosecutor's Office argued Mercy Health "willfully ignored" a court order out of fear of being sued. With settlement negotiations in the lawsuit in progress, prosecutors dropped a criminal contempt allegation against Mercy Health on March 4. Mercy Health and the Prosecutor's Office have since reached an agreement outlining policy on body cavity searches. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com