City of Cleveland Brings Misdemeanor Charges Againt Protesting Collinwood High Student After Mason Drops Felony Police Assault Charge

Cleveland Law Director Robert Triozzi


Tina Bronaugh and Daughter and Cleveland Collinwwod High School Student Destini Bronaugh

From the Metro Desk of the Determiner Weekly.com and
the Kathy Wray Coleman Online News Blog and Media Network

Cleveland Law Director Robert Triozzi has allegedly retaliated against Collinwood High School teen Destini Bronaugh for a dismissal last week by Cuyahoga County Prosecutor Bill Mason on behalf of the State of Ohio of a bogus felony charge of two counts of assault on a police officer and misdemeanor resisting arrest that were pending against the girl.

On behalf of the predominantly Black City of Cleveland Triozzi, on Tuesday, brought the same misdemeanor charge of resisting arrest that Mason dropped last week, and because Mason also dropped the felony assault charge, Triozzi added an obstruction of official business charge. The two new charges brought by Triozzi for the city are both misdemeanors.

Absent a dismissal, misdemeanor charges are prosecuted by Ohio municipalities such as the City of Cleveland while criminal cases with at least one felony charge, with or without at least one misdemeanor, are prosecuted by the State of Ohio. City prosecutors, usually appointed by the city mayor, determine whether such misdemeanor criminal charges will be filed, while Mason, who is in an elected position, prosecutes felony charges brought by the State of Ohio after a Cuyahoga County Grand Jury, pursuant to a probable cause finding, votes in favor of the prosecution in the form of an indictment. If the Cuyahoga County Grand Jury decides not to indict, it issues what is dubbed a "no bill" and no prosecution occurs.

Felony prosecutions in the county, with are without an added misdemeanor charge, are heard by judges of the Cuyahoga County Court of Common Pleas at the Cuyahoga County Justice Center and Ohio traffic and misdemeanor only cases are heard by municipal court judges in municipal courts such as the Cleveland Municipal Court.

Triozzi has a peculiar role unlike law directors under previous Cleveland mayors like Jane Campbell and Mike White where instead of simply representing the city in civil litigation and affiliated matters he often, as in the case at bar, usurps the role of Cleveland Chief City Prosecutor Victor Perez to determine if misdemeanor criminal charges by the City of Cleveland will be brought against Blacks and others. Some say the set up is designed as a forum to prosecute people for political reasons since Triozzi, who lost a bid for mayor in 2005 against Jackson in the primary, getting a mere 3 percent of the vote, is politically ambitious, and is a former Cleveland Municipal Court judge. He is said to be in line to run for mayor in 2013 since Jackson regularly tells people that his current second term is his last. And if Jackson, for one reason or another, is unable to serve, the City Charter hands the job to Triozzi, as Jackson's appointed law director.

Because of his connections as a former city judge, Triozzi is in a position to influence Cleveland Municipal Court judges like Kathleen Ann Keough to harass Blacks and others in proceedings before them relative to criminal charges that he personally brings on the city's behalf. Keough is expected to hear Destini Bronaugh's case, not due to the random draw process but because of her relationship with Triozzi, who also represents the judge when she is sued in the Ohio Eighth District Court of Appeals via a writ of prohibition that seeks compliance with the law and other authorities as to malicious criminal cases against Blacks that are before her.

Triozzi is said to be angry because Mason would not go along with the program to maliciously prosecute the Collinwood High School student following a Cuyahoga County Grand Jury indictment issued two weeks ago for the assault and resisting arrest charges that the county prosecutor has since dropped. Some Black leaders, like the Rev. Dr. Marvin McMickle, senior pastor of Antioch Baptist Church in Cleveland, say that the Grand Jury process is an "apartheid" venue where Blacks are regularly indicted and prosecuted without the required probable cause finding. McMickle was once a Cuyahoga County Grand Jury Foreman.

Destini Bronaugh, 19, who last month was brutally arrested by White male Cleveland Fifth District Police officers along with her 17-year-old sister and subsequently indicted on the since dropped state criminal charges, and who is now the victim of Triozzi's wrath of misdemeanor charges is, according to community activists, the target of retaliation by Cleveland city officials and others for a student walkout at Collinwood High School on May 13 to protest the layoffs of 545 district teachers and the closings of 14 of Cleveland's public schools. The students' mother held a press conference in front of Collinwood High School on Monday with local grassroots organizations such as the Imperial Women, Black on Black Crime Inc., Cleveland FIST, the Oppressed People's Nation and the People's Forum to thank Mason and others for dismissing the charges and to urge Jackson, Triozzi and others not to retaliate with bogus charges by the City of Cleveland, obviously to no avail, since Triozzi brought the two misdemeanor charges the next day in spite of her plea.

"I beg you to leave my children alone," said Tina Bronaugh, during Monday's press conference. The 41-year-old mother of the arrested teens said also that her daughters "should not be used as pawns between the City of Cleveland, the teachers union, and others regarding the Cleveland schools transformation plan."

The Cleveland Board of Education voted to close 14 schools earlier this year and in April laid off 545 district teachers, 111 assistant principals and principals and 116support staff. Ten of the assistant principals and principals were subsequently recalled. The layoffs are part of a sweeping and costly schools transformation plan that mirrors similar transformation models in big cities such as Philadelphia and Chicago where, like Cleveland, teachers unions are feeling the heat and are fighting what is perceived by some as attempts to break the unions.

Though the mainstream media have reported widely on the arrest of the Black girls it will not denote that they went back into the school at the request of a teacher during the protest but were put out, where the younger Bronaugh sister was then arrested and charged with assault on a peace officer, resisting arrest, aggravated disorderly conduct and violating day-time curfew, the latter charge of which a Juvenile Court judge subsequently dismissed. Destini Bronaugh was arrested after she questioned the arrest of her sister on the curfew violation charge. Both girls are now represented by prominent Cleveland attorney Terry Gilbert.

Tina Bronaugh told the DeterminerWeekly.Com that the morning of Monday's press conference Triozzi contacted her by telephone and allegedly threatened her saying he was investigating potential misdemeanor charges against Destini Bronaugh, and allegedly that he resented her affiliating with community activists such as local journalist Kathy Wray Coleman. She said that the White male law director, who is under fire for his alleged malicious prosecutions of Black women and his directives around collective bargaining agreement negotiations with police and other city unions that have brought employee morale to an all time low, concluded the telephone conversation by asking if the "press conference was still on."

Cleveland Ward 10 Councilman Eugene Miller, who represents the area where Collinwood High School is located, is also accused of harassing the Bronaugh family saying allegedly before Monday's press conference to the mother of the arrested teens that he has dug up some dirt on Destini Bronaugh and that it might not be wise for the mother to proceed with the press conference, though she went forward with it anyway.

"The statements [allegations by the Bronaugh family] are incorrect," said Miller. "I am a supporter of the family and will continue to be a supporter of the family."

Tina Bronaugh would not back down and said she stands wholeheartedly behind her recollection of the fallout with Triozzi and Miller.

"I stand behind my position as to the conversations with Mr. Triozzi and Councilman Miller," said Tina Bronaugh. "This thing is bigger than Councilman Miller and the police."

Some Black leaders and certain Black organizations are accused of harassing the Bronaugh girls and acting to promote the misdemeanor charges brought with Triozzi's help to defame Destini Bronaugh by failing to mention the fact that Mason dropped all charges against her last week on behalf of the State of Ohio, including the felony charge of two counts of assault on two White male police officers.

Art McKoy, founder of Black on Black Crime, called for all charges against both girls to be dropped at Monday's press conference and blamed the fiasco on Cleveland Metropolitan School District officials, the City of Cleveland, county officials and police.

"All they had to do was let the students have their peaceful silent protest and then return to class," said McKoy.

Community activists are outraged at the charges against the girls, particularly the recent misdemeanor charges against Destini Bronaugh that were spearheaded by Triozzi in alleged retaliation for Monday's press conference and the fact that Mason ditched him in ensuring that the charges of assault and resisting arrest were dismissed.

"How can the City of Cleveland bring back a misdemeanor charge of resisting arrest that Mr. Mason dismissed where he dismissed it along with the felony charge of assault for a lack of probable cause, and why would the city now charge Destini with obstruction of official business simply to retaliate because the assault charge did not materialize?," said Kathy Wray Coleman, leader of the grassroots organization dubbed the Imperial Women. "We are planning a mass community protest on this issue and we again call for Triozzi's resignation or firing. This is is not only due to the debacle around the Imperial Avenue Murders where six of the 11 Black women murdered were murdered after Anthony Sowell was released from custody in 2008 in spite of a pending attempted rape complaint, but also because Mr. Triozzi routinely harasses Black women with malicious prosecutions and sometimes with the agreed upon silence of certain Black leaders and certain Black organizations in this community."