CANTON, Ohio — The high-profile trial of two Canton police officers accused of the death of Frank Tyson is now delayed.
The trial of officers Beau Schoenegge and Camden Burch was set to start next month.
But a newly appointed special prosecutor, Ray Grogan, just made his first appearance in Stark County court today, where he was sworn in.
Stark County prosecutor Kyle Stone stepped aside, citing hostility by Canton police toward his office, but never gave concrete examples.
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Grogan is now playing catch-up in the case.
“I have not had the opportunity to digest the file in its entirety,” Grogan said.
The two officers are charged with reckless homicide in the death of Tyson while in custody in April 2024.
Grogan told the visiting Judge James Kimbler he got full access to the case file Thursday morning.
“This case has now been pending the death of Mr. Tyson took place in April 2024 this case has been pending for over a year,” said Kimbler.
Could there be more hiccups?
In 2024, Grogan wrote an op-ed piece in the Columbus Dispatch on a deadly police shooting case out of Franklin County.
In the article, Grogan was opposed to retrying a Franklin County deputy accused of shooting and killing a man.
Grogan wrote; “This ideological lust for vengeance is indefensible,” and “second guessing decisions made by well-intentioned officers and threatening them with prison time could lead to officers being hesitant.”
“Prosecutors have to walk this fine line,” Case Western Reserve University Professor Michael Benza said.
Benza is a criminal law professor.
He says it’s tough to say whether the op-ed is a conflict.
As elected officials, Benza says prosecutors are political, but have an obligation to be fair and impartial and should not accept the assignment if they can’t be.
“We assume until we know otherwise everybody is acting in good faith and proper within the rules of ethics and the bounds of the law that before he accepted this appointment the prosecutor made that the decision he could in fact zealously and impartially prosecute this case. Even if had taken a different political position,” Benza said.
When News 5 asked Benza if Tyson’s family should be concerned, he replied yes.
The Tyson family has their own attorney under Marcy’s Law that protects victims’ rights.
“They may have their own doubts as to how zealous this prosecution is going forward,” Benza said.
Grogan may have one of his assistant prosecutors help out with the Tyson case.
“I will make every effort to review this matter thoroughly,” Grogan said.
News 5 Investigators asked Grogan about the op-ed. But since there is a gag order in the Tyson case, he wouldn’t talk.
Grogan is expected to file a motion to continue the trial.