Gaul's Hearing On Motion For Joaquin Hicks For A New Trial In Robbery Of Cleveland Clinic Employees That Led To Murder Is Questioned Due To Appeal
Joaquin Hicks
Jeremy Pechanec
Cuyahoga County Court of Common Pleas Judge Daniel Gaul
Article by Kathy Wray Coleman, Editor of the DeterminerWeekly.Com and the Kathy Wray Coleman Online News Blog.Com (www.determinerweekly.com and www.kathywraycolemanonlinenewsblog.com)
Cuyahoga County Court of Common Pleas Judge Daniel Gaul, on probation for six months for unethical charges sanctioned by the Ohio Supreme Court in Oct. of this year, has set a hearing for Monday to decide if Joaquin Hicks, now serving 61 years to life in prison as the alleged ring leader that planned a robbery that led to the murder and attempted murder of two Cleveland Clinic employees in a plaza across from a Cleveland night club, should get a new trial.
At trial earlier this year Hick's attorneys said he was not even at Scorcher's nightclub on 12th St. and Chester Ave that night and family members took the stand and testified that he was at an aunt's house on Cleveland's East Side with relatives and sleeping with a girlfriend. The girlfriend also testified as to Hick's alibi.
In seeking the new trial his lawyers raised several trial errors including claims that Gaul allowed jurors to talk on their cell phones during deliberations, that a switchblade was placed under Hick's chair to prejudice jurors and that, according to Hick's family members, the judge might have even suggested to jurors that Hicks and his testifying family members and girlfriend lack credibility.
Hicks, 29, was found guilty by a jury on March 5 of planning the robbery that resulted in the shooting death of Jeremy Pechanec, 28, in the plaza across from the nightclub on Feb. 22, 2009. He was not found guilty of planning the shootings.
The jury also found him guilty of planning the robbery that caused the attempted murder for the shooting of Pechanec's Cleveland Clinic co-worker Jory Aebly, 26. Aebly survived a gunshot to the head. Both are White.
Trial testimony revealed that the two victims went outside of the bar and across the street to the plaza to buy marijuana and were allegedly robbed by the group of Black men, and eventually shot by Ralfael King, a teenager.
Unlike Hicks, the three men and the teen accused of crimes along with Hicks all took plea deals for their roles. They were also sentenced by Gaul, either before or after Hick's trial.
Shooter Ralfeal King, 17 at the time but prosecuted as an adult, was sentenced to 46 years to life for aggravated murder, attempted murder, aggravated robbery and kidnapping. And Perry King, 20, a lesser accomplice in the crime, was sentenced to 12 years in prison for driving the getaway car.
Cornelius King, 26, who pleaded guilty to murder for his actions in the crimes, was sentenced to 15 years to life in prison. He took the stand against Hicks at trial saying Hicks organized the robbery that led to the murder and attempted murder, a claim Hicks denied under oath and said was leveled in exchange for plea deals that the others accused in the scenario were to receive.
Reginald Day, who also pleaded guilty to murder, got 21 years to life.
After the jury rendered the convictions against Hicks his attorneys filed motions for a new trial and dismissal of the case. Prosecutors did not respond and Gaul ignored the motions and sentenced Hicks, with Hicks appealing the convictions and the denial of his motions for a new trial and post verdict acquittal to the Ohio Eighth District Court of Appeals.
While the case was on on appeal with a new set of lawyers hired by the Hicks family, Hicks' trial lawyer filed another motion for a new trial on September 22 of this year, one that the family has questioned as providing a forum for prosecutors to oppose it since they did not do so before the appeal.
Failure to raise issues at the trial level result in a waiver to raise such issues on appeal.
Though the family was allegedly told that Cornelius King has recanted via a letter saying police and prosecutors allegedly coerced him to lie on Hicks and that that is a basis for the hearing on Monday for a potential new trial, they say it is suspect and want to know if Gaul is merely holding a hearing on Monday under the guise of potentially giving Hicks a new trial for sinister reasons since he allegedly has no jurisdiction or authority because an appeal is pending. Hence, Gaul could merely deny a new trial and then send the record to the appellate court with an opposition motion by prosecutors for the new trial, circumventing the waiver that resulted when prosecutors did not oppose it at the trial level before the appeal.
"I do not trust this," said Larry Hicks," Hick's father. "How can Judge Gaul hold a hearing on a motion for a new trial when the case is on appeal and the appeal is still pending?"
Denise Taylor, Hick's Aunt, said that she was given a copy of the alleged letter of recantation.
"I have a copy of the letter," said Taylor. "Joaquin is going to be set free if what they are saying is true and the judges are fair."
The elder Hicks said the hearing for a new trial is also suspect since not one mainstream media outlet has mentioned it in such a high profile case.
John T. Paris, Hicks' trial lawyer, could not be reached for an explanation as to why, in spite of filing a motion for a new trial after the convictions and before sentencing that Gaul ignored, he would file another one while the case is on appeal and permit prosecutors to respond at the trial level.
Also at issue is whether the allegation that one of Hick's alleged accomplice is now recanting his prior testimony against Hicks also a trick, Larry Hicks said, though he added that he does believe that his son was lied on at trial and is innocent.
Though the case docket in the matter at the trial level says the case is closed, a docket entry from Gaul of Dec. 2 reads as follows:
DEFENDANT IS ORDERED RETURNED FROM THE INSTITUTION FOR HEARING ON MOTION FOR NEW TRIAL SCHEDULED FOR 12/13/2010 AT 9:00 A.M. SHERIFF ORDERED TO TRANSPORT DEFENDANT JOAQUIN HICKS, DOB: 05/24/1980, GENDER: MALE, RACE: BLACK. 12/01/2010 CPCLF 12/02/2010 08:21:50
Hicks is no angel, having served time for aggravated robbery in an unrelated case. If the motion for a new trial is denied and his convictions are upheld on appeal he is eligible for parole after 61 years.
Jeremy Pechanec
Cuyahoga County Court of Common Pleas Judge Daniel GaulArticle by Kathy Wray Coleman, Editor of the DeterminerWeekly.Com and the Kathy Wray Coleman Online News Blog.Com (www.determinerweekly.com and www.kathywraycolemanonlinenewsblog.com)
Cuyahoga County Court of Common Pleas Judge Daniel Gaul, on probation for six months for unethical charges sanctioned by the Ohio Supreme Court in Oct. of this year, has set a hearing for Monday to decide if Joaquin Hicks, now serving 61 years to life in prison as the alleged ring leader that planned a robbery that led to the murder and attempted murder of two Cleveland Clinic employees in a plaza across from a Cleveland night club, should get a new trial.
At trial earlier this year Hick's attorneys said he was not even at Scorcher's nightclub on 12th St. and Chester Ave that night and family members took the stand and testified that he was at an aunt's house on Cleveland's East Side with relatives and sleeping with a girlfriend. The girlfriend also testified as to Hick's alibi.
In seeking the new trial his lawyers raised several trial errors including claims that Gaul allowed jurors to talk on their cell phones during deliberations, that a switchblade was placed under Hick's chair to prejudice jurors and that, according to Hick's family members, the judge might have even suggested to jurors that Hicks and his testifying family members and girlfriend lack credibility.
Hicks, 29, was found guilty by a jury on March 5 of planning the robbery that resulted in the shooting death of Jeremy Pechanec, 28, in the plaza across from the nightclub on Feb. 22, 2009. He was not found guilty of planning the shootings.
The jury also found him guilty of planning the robbery that caused the attempted murder for the shooting of Pechanec's Cleveland Clinic co-worker Jory Aebly, 26. Aebly survived a gunshot to the head. Both are White.
Trial testimony revealed that the two victims went outside of the bar and across the street to the plaza to buy marijuana and were allegedly robbed by the group of Black men, and eventually shot by Ralfael King, a teenager.
Unlike Hicks, the three men and the teen accused of crimes along with Hicks all took plea deals for their roles. They were also sentenced by Gaul, either before or after Hick's trial.
Shooter Ralfeal King, 17 at the time but prosecuted as an adult, was sentenced to 46 years to life for aggravated murder, attempted murder, aggravated robbery and kidnapping. And Perry King, 20, a lesser accomplice in the crime, was sentenced to 12 years in prison for driving the getaway car.
Cornelius King, 26, who pleaded guilty to murder for his actions in the crimes, was sentenced to 15 years to life in prison. He took the stand against Hicks at trial saying Hicks organized the robbery that led to the murder and attempted murder, a claim Hicks denied under oath and said was leveled in exchange for plea deals that the others accused in the scenario were to receive.
Reginald Day, who also pleaded guilty to murder, got 21 years to life.
After the jury rendered the convictions against Hicks his attorneys filed motions for a new trial and dismissal of the case. Prosecutors did not respond and Gaul ignored the motions and sentenced Hicks, with Hicks appealing the convictions and the denial of his motions for a new trial and post verdict acquittal to the Ohio Eighth District Court of Appeals.
While the case was on on appeal with a new set of lawyers hired by the Hicks family, Hicks' trial lawyer filed another motion for a new trial on September 22 of this year, one that the family has questioned as providing a forum for prosecutors to oppose it since they did not do so before the appeal.
Failure to raise issues at the trial level result in a waiver to raise such issues on appeal.
Though the family was allegedly told that Cornelius King has recanted via a letter saying police and prosecutors allegedly coerced him to lie on Hicks and that that is a basis for the hearing on Monday for a potential new trial, they say it is suspect and want to know if Gaul is merely holding a hearing on Monday under the guise of potentially giving Hicks a new trial for sinister reasons since he allegedly has no jurisdiction or authority because an appeal is pending. Hence, Gaul could merely deny a new trial and then send the record to the appellate court with an opposition motion by prosecutors for the new trial, circumventing the waiver that resulted when prosecutors did not oppose it at the trial level before the appeal.
"I do not trust this," said Larry Hicks," Hick's father. "How can Judge Gaul hold a hearing on a motion for a new trial when the case is on appeal and the appeal is still pending?"
Denise Taylor, Hick's Aunt, said that she was given a copy of the alleged letter of recantation.
"I have a copy of the letter," said Taylor. "Joaquin is going to be set free if what they are saying is true and the judges are fair."
The elder Hicks said the hearing for a new trial is also suspect since not one mainstream media outlet has mentioned it in such a high profile case.
John T. Paris, Hicks' trial lawyer, could not be reached for an explanation as to why, in spite of filing a motion for a new trial after the convictions and before sentencing that Gaul ignored, he would file another one while the case is on appeal and permit prosecutors to respond at the trial level.
Also at issue is whether the allegation that one of Hick's alleged accomplice is now recanting his prior testimony against Hicks also a trick, Larry Hicks said, though he added that he does believe that his son was lied on at trial and is innocent.
Though the case docket in the matter at the trial level says the case is closed, a docket entry from Gaul of Dec. 2 reads as follows:
DEFENDANT IS ORDERED RETURNED FROM THE INSTITUTION FOR HEARING ON MOTION FOR NEW TRIAL SCHEDULED FOR 12/13/2010 AT 9:00 A.M. SHERIFF ORDERED TO TRANSPORT DEFENDANT JOAQUIN HICKS, DOB: 05/24/1980, GENDER: MALE, RACE: BLACK. 12/01/2010 CPCLF 12/02/2010 08:21:50
Hicks is no angel, having served time for aggravated robbery in an unrelated case. If the motion for a new trial is denied and his convictions are upheld on appeal he is eligible for parole after 61 years.
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