COLUMBUS, Ohio — An Ohio political blogger let out a surprised laugh as he was found guilty of harassment after he sent an explicit digitally altered image of the cartoon character Shrek to a powerful lawmaker.
This is a developing story and will be updated.
After just thirty minutes, eight Lake County jurors decided D.J. Byrnes was guilty of telecommunications harassment against state Sen. Jerry Cirino (R-Kirtland), after he sent him two taunting messages and a meme of Shrek holding his genitals.
Byrnes declined to comment. He faced up to six months in jail and a $1,000 fine, but Judge Michael Cicconetti sentenced him to pay court costs and a $200 fine.
"This wasn't a free speech issue; this was a harassment statute that I believed he was in violation of," Cirino told me after the verdict.
RELATED: A political blogger sent an explicit meme of Shrek to Ohio lawmaker. Now he’s on trial.
Byrnes, who also goes by his pen name "The Rooster," is known for his outlandish antics, “busting up” legislators and lobbyists at the Ohio Statehouse. He’s amassed more than a hundred thousand followers on his social media and 15,000 on his Substack account.
The blogger claims his reports played a role in Cirino losing his bid to become Senate president. After Cirino officially dropped out, Byrnes was accused of sending the texts.
Cirino testified that it was “offensive” and “pornographic,” and this was his “last straw” with Byrnes.
"There is a line to be drawn between normalized interaction on issues and policy and votes and et cetera, that allow for agreement and disagreement and lots of debate on a professional basis... There is a line that shouldn't be crossed," he said in an interview afterward.
The prosecution asked for a no-contact order for Cirino. The judge said no, but did give Byrnes a warning.
"There are opportunities around the state house for continued harassment to occur," Cirino said. "Obviously, he's free to write on his blog whatever he wants. I just don't want to be accosted in the Statehouse in the future."
Just because he is a politician doesn’t mean he deserves that on his private cell phone, Cirino added.
One of the main arguments the defense brought up was that this was official political business and free speech, citing examples of Cirino using his cell phone for public business, even allowing local newspapers to publish his number for constituents to reach him.
Statehouse lobbyist Bobby Ina, a witness for the defense, provided a voicemail that Cirino left him asking for a campaign donation.
Much of the defense’s case rested on the fact that Byrnes was using his First Amendment rights, and that Cirino was allegedly using his status and influence as a politician to “retaliate” against a political opponent.
The lawmaker testified he directly called the local police chief, saying he wanted charges to be filed. Public records show Cirino called the judge who signed Byrnes’ arrest warrant a "good friend" in late April and donated at least $2,500 to her political campaign in 2016. A different judge presided over the case.
"I obviously know a lot of the people here in Lake County, including many elected officials. That's not the same thing as, as trying to use undue influence and using my, my position," Cirino said, after I asked about the allegations that he used his relationships to better help his case. "I would never do that. I respect my position in the Senate way too much to ever let that happen."
Following Ina’s voicemail being played in court, Cirino texted the lobbyist.
"You shared a voicemail with The Rooster? Seriously?" Ina testified that Cirino texted him.
I asked Cirino why he texted Ina, and what he wanted to get out of the message.
"Well, I thought he was a friend... I really didn't have any objectives or anything that I was trying to accomplish; it was just an expression of my surprise," Cirino responded.
Follow Statehouse and Columbus bureau reporter Morgan Trau on X, Instagram and Facebook. Email her at Morgan.Trau@wews.com.
