CLEVELAND, OH — Attorneys for East Cleveland's mayor and a former city councilman each blamed political opponents for the criminal indictments against the two men Friday.
"It's disappointing to see that the prosecutor of the county is now involved with the political fight with people within East Cleveland," said defense attorney Charles Tyler who represents East Cleveland Mayor Brandon King.
"It's a very sad day that the criminal justice system would be used in this manner," said East Cleveland Law Director Willa Hemmons, who appeared with former councilman Ernest Smith during Smith's arraignment. "Nobody wants to see the criminal justice system weaponized against a political adversary."
But the Cuyahoga County Prosecutor said the cases against the pair followed investigations by the Ohio Ethics Commission and the Ohio Auditor of State.
"These charges came about as a direct result of those investigations," said Prosecutor Michael O'Malley in a statement. "The people who continue to suffer from these actions are the residents of East Cleveland."
Mayor Brandon King pleaded not guilty to two counts of theft in office, four counts of having an unlawful interest in a public contract, four counts of representation by public official or employee, one count of filing a false disclosure statement and one count of soliciting improper compensation.
King is accused of authorizing and paying more than $76,000 in public contracts between the City of East Cleveland and businesses owned by the mayor and his family.
But Hemmons said Friday those contracts pre-dated King's time in city government and said King gave up any financial stake in the companies following guidance from the state's ethics commission.
"If we're going to preclude every legitimate citizen, every businessman from ever entering politics, we're going to lose a lot of good people," Hemmons said.
The mayor is also accused of improperly providing Smith with a city vehicle and gas cards to purchase fuel.
Investigators said Smith bought $6,791 worth of gas at the expense of the city.
Smith insisted the car was only used in connection with his job but said Friday that included instances where he took his kids to school.
"My son and my daughter are residents of East Cleveland," said Smith. "I live in East Cleveland. They went to East Cleveland schools. It's dangerous outside. You can't even walk to school without the prostitutes and drug dealers messing with everyone."
Smith also pointed to a 2017 document from the then-clerk of council, which noted Smith received keys to the 2003 Ford for use "for city business" as proof that everything was above board.
"I didn't go the mayor to get the car," said Smith. "I don't work for the mayor. [The] council doesn't work for the mayor. I got the word that there was a city council car around there somewhere and my clerk found it for me."
Smith, who was recalled by voters in 2022 and lost his seat on the council, said he's "very confident" he will be vindicated and said he plans to run for city council again in 2025.
He told a judge Friday that he did not have money for an attorney and was appointed counsel.
Tyler said the mayor has no plans to step down even as a three-judge panel weighs whether King should be suspended until his criminal case is resolved.
Tyler said King, not the city, is paying for the mayor's legal defense.
