CLEVELAND — The jurors hearing the theft-in-office case of East Cleveland Mayor Brandon King, 56, and former Councilman Ernest Smith, 49, have reached a verdict.
King was found guilty on one count of theft in office, four counts of having an unlawful interest in a public contract, three counts of representation by a public official or employee, one count of filing a false disclosure statement and one count of soliciting or receiving improper compensation.
He was found not guilty on one count of theft in office and one count of representation by a public official or employee.
Smith was found guilty on 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.
“Mayor King’s conviction was inevitable,” said Prosecutor Michael C. O’Malley. “The citizens of East Cleveland deserve better than what their municipal government has provided them. I am hopeful, under the new leadership of Mayor Sandra Morgan, that the city is now headed in the right direction.”
Jury deliberation started on Wednesday following closing arguments:
RELATED: Jury to decide fate of East Cleveland mayor and former councilman on theft in office charges
The mayor was accused of authorizing more than $76,000 in city contracts and payments to businesses owned by King or his family. The mayor was also accused of improperly providing a city car and a fuel card to Smith.
Prosecutors argued that the case boiled down to a disregard for and disdain of the law, contending that public servants can't make their own rules.
During closing arguments, King's attorney, Charles Tyler, insisted there was no evidence King was involved in the purchase of supplies from a family-owned business and said that tens of thousands of dollars in rent payments from the city's domestic violence program to another family business weren't from a city department but instead from an independent agency that didn't get a dime of city money.
After the verdict, Tyler said he was both surprised and disappointed by it.
"The testimony and the evidence does not support the verdict, but again the jury has done what they’re supposed to do and we’re going to respect that," Tyler said.
Smith's attorney, Michael Lisk, denied that the former councilman had misused a city car and gas card, which investigators claim Smith used for personal purposes. However, his attorney stated that there is no evidence to support this.
Smith maintained that he only used city vehicles for city business and blamed his conviction on politics.
"It was stamped and delivered in my mind exactly how some of these politrickians down here feel about East Cleveland. To tell an elected official that going out in the streets with the people is not his job, that’s ridiculous," he said.
King was suspended as mayor earlier this year after he was indicted. Smith was recalled and lost his seat on council.
We're told both men plan to appeal these convictions.
"I just know that we put the best defense forward. The jury has spoken. The next part of the puzzle in the process is to seek an appeal," Tyler said.
King and Smith will be sentenced on June 9 at 10:30 a.m.
Community reaction to verdict
Even though King has been found guilty of multiple felonies and misdemeanor charges, there appears to be a divide on who will be mayor.
Still, Interim Mayor Sandra Morgan said there is more to come, and she is focused on moving the city forward.
“We’ve had a checkered in sketchy for the past 30 years. Brandon King is not the only one to face trials and tribulations in the city of East Cleveland,” said Morgan. “The past is prologue as far as I’m concerned. I’m looking ahead. I think there’s so many great things we can do in this city.”
Others, like community activist Art McKoy, agreed and said East Cleveland is bigger than King and Smith.
Still, McKoy calls the trial political.
“When you stand up against the system, there’s a good chance that you’ll get slammed and what better example than today in this courtroom,” said McKoy.
When we reached out to city leaders for their reaction to Thursday’s verdict, News 5 learned Morgan is being met with a challenge following a letter sent by Attorney Ken Myers, who stated he sent it at the request of Council President Lateek Shabazz.
In it, the attorney alleges that due to a certain code in East Cleveland’s charter, Morgan’s time as interim mayor has ended, and she should respond to the attorney or Shabazz by Friday for an orderly transition.
When News 5 asked Shabazz if this means he will become mayor now, he responded, 'That’s what it’s supposed to be. The President of Council becomes the mayor.'"
But Morgan said she’s not stepping down because, based on the rulings of Cuyahoga County Probate Court, Morgan would need to step down if King was reinstated to office by an appeal, his charges were dropped, or he was found not guilty.
Since King’s charges weren’t dropped and he was found guilty, Morgan will continue serving as interim mayor until a successor mayor is elected or King’s attorney succeeds with an appeal to his convictions.
In the meantime, Morgan said she has responded to Myers’ letter, stating that she disagrees with Myers’ analysis. So, Myers plans to immediately seek legal redress from the courts to resolve the issue.
“The mayor, the interim mayor, she did a wonderful job while she was there. She worked with Council, and we got things done. I don’t agree with the process,” said Shabazz.
As far as future events, the city and East Cleveland Zulus are partnering to host a free bicycle giveaway for kids between the ages of six and 12.
The event will take place on Saturday, May 31, from noon to 4 p.m. at the MLK Civic Center.
