CLEVELAND — The criminal trials of East Cleveland’s mayor and a former city councilman began with a warning Tuesday to jurors about the civics lesson they were about to sit through.
“Unless you’re a municipal government guru, you’re probably going to hear more than you’ll ever want to know about the inner workings of municipal government in general, East Cleveland government in particular,” said Assistant Prosecutor Andrew Rogalski.
Mayor Brandon King and ex-councilman Ernest Smith were indicted on corruption charges last October.
King is accused of authorizing contracts and city payments totaling almost $77,000 to a pair of businesses owned by King or his family.
The mayor is also accused of providing Smith with a city-owned car and gas card, which investigators said Smith used for personal use, charging nearly $6,800 in gas to the city.
During opening statements Tuesday, Smith’s attorney said evidence will prove Smith’s claims that the car was only used for city business.
“My client who was making $5,000 a year as a councilman is incredibly active in the community, doing all kinds of things after city hours for the benefit of East Cleveland that he was not otherwise getting any compensation for, whatsoever,” said defense attorney Michael Lisk. “He was so active, that's why he got the car.”
But most of the first day of testimony focused on King.
The 57-year-old mayor is charged with felony theft in office, having an unlawful interest in a public contract, soliciting improper compensation and other criminal ethics charges.
“When you’re a public official, let alone a mayor, you cannot use your influence, use your authority to authorize these contracts to achieve payments to yourself, your business associates, your family members,” said Rogalski.
Investigators said one of those contracts involved rent for the building housing East Cleveland’s domestic violence program.
King’s attorney said the contract with the city goes back decades and predates King’s family purchasing the building.
He also said the mayor requested and followed state ethics opinions to avoid any conflict of interest.
But prosecutors painted a different picture, pointing to what they called a pattern of behavior.
“He doesn't take no for an answer,” said Rogalski. “You're going to see a pattern of not just disregard but disdain for the law and when people tell him no.”
Investigators said after assuming the mayor’s office, King put the company, King Management Group, into someone else’s name, but said the mayor still maintained financial control over the company.
“Lo and behold, there's only one person that can sign the checks of KMG, only one person,” said Rogalski. “Mayor King.”
And investigators said when city council cut the rent payments out of the city’s budget, King’s administration kept on paying the rent to KMG.
But King’s attorney argued that the rent payments and the domestic violence program’s funding have nothing to do with the city.
Attorney Charles Tyler said the program is grant-funded.
“They don't have to get approval from city council, the mayor,” said Tyler. ‘What they spend can only be controlled by the grant.”
Tyler told jurors the real motivation for the charges is political, believing it’s another attempt to overturn the will of East Cleveland voters and push King out of office.
“It's our belief that some of the people who will come and testify from the City of East Cleveland are the same people who have tried many different times to become mayor,” said Tyler.
King was suspended following his indictment.
However, if he’s found not guilty of the charges, he could be reinstated to office.
