Ex -East Cleveland councilman Ernest Smith sentenced to probation by Cuyahoga County Judge Hollie Gallagher after activists picket County Prosecutor Mike O'Malley, whom they say is anti-Black and unfair...By Clevelandurbannews.com, Ohio's Black digital news leader
Staff article by Kathy Wray Coleman, editor, associate publisher
CLEVELAND, Ohio-Ex-East Cleveland councilman Ernest Smith walked out of common pleas court a free man on Tuesday, after Common Pleas Judge Hollie Gallagher sentenced him to three years probation, answering the pleas by Black community activists for leniency and ignoring Cuyahoga County Prosecutor Mike O'Malley's demand for imprisonment.
He was also ordered to pay $6,971 in restitution.
"Thank you to everybody who supported me," a relieved Smith, who is Black, said after sentencing.
Former East Cleveland mayor Brandon King, 57, and Smith were both convicted by a county jury of public corruption charges in office in May, King for steering more than $75,000 in city contracts to friends and family members and having an unlawful interest in a public contract, and Smith for using a city car and gas card for what he says was community and city business.
It is not uncommon for city officials in other cities in the county to use city vehicles and it is sometimes routine, sources said. O'Malley targeted Smith, in part, because East Cleveland, a neighboring Cleveland suburb, is a Black city, and one of the poorest in the nation, his critics said.
Smith, 49, was found guilty of one count of theft in office, one count of soliciting or receiving improper compensation, one count of misuse of credit cards and two counts of theft. But activists said prison was uncalled for, given the situation, and because White elected officials traditionally do as they please without consequences from prosecutor O'Malley.
Though they were tried together, Gallagher scheduled the sentencing for Smith for early Tuesday morning and for King early Wednesday morning, an attempt, said activists, to minimize any planned protests.
An affidavit of disqualification and bias had been filed by King's attorney against Gallagher that sought her removal as presiding judge over the case but it was denied by Ohio Supreme Court Chief Justice Sharon Kennedy prior to trial.
On Tuesday at Smith's sentencing the judge was professional, activists who attended the sentencing said.
"Ernie got probation and we are pleased," said community activist Art McKoy of Black of Black Crime Inc., who led an activist protest against O"Malley and racism in the legal system at the county Justice Center in downtown Cleveland Monday afternoon.
Activists said at Monday's protest that O'Malley is hungry to prosecute activists and Black elected officials like King and Smith while leaving White elected officials alone, including some common pleas judges accused of covering up fixed indictments, falsification, tampering with records, and denying Black and poor defendants their constitutional and statutory right to indigent counsel.
Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com are the most-read Black digital newspaper and blog in Ohio. Tel. 216-659-0473. Email-editor@clevelandurbannews.com
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