Ruling: Lower court can’t hear petition on ‘137 shots’

The Ohio Supreme Court affirmed that an appeals court does not have jurisdiction to hear a petition by the city of East Cleveland related to the prolonged legal battle over a 2012 police chase that ended in the shooting deaths of two unarmed people.

The state’s high court affirmed Thursday that the 8th Ohio District Court of Appeals correctly ruled last year that it could not hear the city of East Cleveland’s petition for declaratory judgment in its misdemeanor dereliction-of-duty case against Cleveland police Sgt. Randolph Dailey. Under the Ohio Constitution, appeals courts only have jurisdiction over a handful of original actions, such as habeas corpus.

“It is well settled that courts of appeals lack original jurisdiction over claims for declaratory judgment.’” the Ohio Supreme Court said in its ruling.

Declaratory judgments are court rulings that define the rights of the parties involved in a matter. They do not require the parties to take any specific actions or award damages.

East Cleveland Law Director Willa Hemmons petitioned the appeals court for declaratory judgment after an East Cleveland jury found another Cleveland police supervisor, Sgt. Patricia Coleman, not guilty of dereliction of duty in July 2019.

Dailey’s misdemeanor trial has not yet been scheduled. His attorney, Henry Hilow, said Thursday that Hemmons should dismiss the charge against Dailey because an East Cleveland jury, the appeals court and the Ohio Supreme Court have all weighed in on aspects of the case in the seven-and-a-half years since the 2012 chase.

“This case is out of time,” Hilow said. “This case should be dismissed.”

Hemmons, in an email Thursday, did not directly address whether the city of East Cleveland will move forward with its case against Dailey. But she said the decision will “undoubtedly be fatal” to the case.

“Unfortunately, now justice probably will never be obtained with reference to Randolph Dailey as to East Cleveland,” Hemmons said.