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Special prosecutor should examine whether Melissa Powers broke the law
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Special prosecutor should examine whether Melissa Powers broke the law

A special prosecutor should be appointed to determine whether Hamilton County Prosecutor Melissa Powers break the law when, as a juvenile court judge in 2021, she overturned an entry to allow a minor to retain their right to appeal her decisions.

The issue was raised in a brief filed by Ohio Democratic Rep. Cecil Thomas just days before the election. Powers, a Republican, said the allegation that she did something illegal was false and politically motivated. She finished lose in a close race to Democrat Connie Pillich.

In an affidavit, Thomas said Powers “backdated” an entry, making it impossible for the minor to appeal.

Despite the accusation, the minor’s case was appealed.

Hamilton County Common Pleas Judge Wende Cross, who serves as an administrative judge and presiding judge, ordered Powers to file a request for a special prosecutor, documents show.

On Wednesday, Powers did so, stating in her motion: “Even if the prosecutor does not believe there are grounds for prosecution, she will comply…and request the appointment of a special prosecutor.” »

Powers requested the appointment of Butler County Prosecutor Michael Gmoser or any attorney in his office.

Echoes of the Tracie Hunter affair

The issue of backdating was raised ten years ago in the criminal case against former juvenile judge Tracie Hunterwho was ultimately not convicted of this charge, but was found guilty of an unrelated crime.

Hunter was accused of backdating court actions, allegedly to prevent prosecutors from appealing her decisions.

Documents filed with Thomas’ complaint include a transcript of a voice message from Powers’ courtroom clerk, Christina Kleeman, to the public defender who represented the juvenile in the case before Powers. According to the June 17, 2021 voicemail, Kleeman told the public defender that a court entry signed by Powers had been “backdated to May 17.”

Powers says she simply corrected a clerical error after her staff failed to mail the May 17, 2021 entry to the parties involved in the case. Powers said she took this step to ensure the minor’s right to appeal was preserved.

A spokesperson for Powers emphasized that Kleeman was not a lawyer and used the term “backdated” imprecisely.

Thomas, a longtime Hunter supporter, previously told The Enquirer that Hunter had nothing to do with the complaint he filed.