Recordpub.com - Ruling: Plough comments 'insulting' Portage County judge's remarks prompt new drunken driving trial

By Marci Piltz

Record-Courier staff writer

An Ohio appeals court recently issued a decision reversing in part the drunken driving conviction of a Chagrin Falls man, saying Portage County Municipal Judge John Plough's comments were not "fair and impartial" but rather a "heavy-handed, insulting and unnecessary display of authority."

Derek A. Smith, 38, appealed a September 2006 conviction on a charge of operating a vehicle under the influence. Among arguments by his attorney was that Plough "committed judicial misconduct by statements made to defense counsel in the presence of the jury throughout the trial."

The ruling was written by Judge Cynthia Westcott-Rice and concurred by judges Mary Jane Trapp and Timothy Cannon.

Smith had been represented by attorney Jack Bradley at the time of his original trial.

The statements in question were made while a trooper from the Ohio Highway Patrol was testifying about the field sobriety tests he administered on March 2, 2006, when Smith was pulled over for suspicion of OVI.

The 11th District Court of Appeals in Warren recently ruled that while the trooper was being questioned about the tests and how he administered them, Plough interrupted and said after prior testimony "we've determined that these tests were done in accordance with (National Highway Transportation Safety Administration) standards ..."

Bradley at that time asked Plough to instruct the jury to disregard that comment as fact, but rather what Plough believed the facts to be; Plough did not instruct the jury to disregard that statement until the end of the trial, the appellate court said.

The appellate court said Plough's comments during closing arguments by Bradley displayed "gratuitous vilification and general hostility directed at (Bradley)" and his "interruptions, remarks and rebukes during (Bradley's) closing, again all of which occurred in front of the jury, exhibit a fundamental lack of restraint and judicial temperament."

One of Plough's remarks during closing arguments by Bradley was, "You told (me) you've been practicing for 29 years. You obviously haven't practiced very well ..."

All of those incidents, the appellate court ruled, make it impossible for Plough's conduct to "be seen as fair and impartial" by the jury that convicted Smith.

Michael Partlow of Cleveland, who is Smith's new attorney, said the case now will return to the Ravenna municipal court for a re-trial.

Plough said Wednesday he could not comment on the case because it will be returning to the municipal court.

28.	Posted by whiteninjatiger July 28, 2008
	For starters everyone is forgetting one thing here! The judges, cops, and attorneys are not ABOVE THE LAW EITHER. Plough has been a horses butt since he took office and the sad part is I voted for him. Portage needed some new blood but all this county received was tainted and it has not been better.The laws were written to give some kind of order back in a day to establish rights for everyone, everyone knows them the Bill of Rights, Constitution, now though it seems those are merely toilet paper when the Courts, Government step in. There is a certain criteria that has to be followed and Judges are no exception, all Judges really just do their own thing instead of following the rules of law like it should be.

26.	Posted by mnickita1 July 28, 2008
	I grew up in Portage County but I no longer live there. I raised a little h@@l back in the day and got into some trouble and spent my time in court and in jail. Never once did I have to go to court when I was innocent, and it is the same for most people I know that have been through the court system. Innocent people normally don't have to appear (there are exceptions of course, I did say normally). Judges and prosecuters aren't paid to coddle and baby defendents. I don't agree exactly with what the judge in this case did (though it all may be taken out of context)he gets paid to get law breakers off the street and frankly I am glad there is a Judge here that isn't afraid to do what he feels is right. You think it is bad there, you should have gone in front of a certain Judge in Geauga County (if you went in front of him you know who it is), you talk about unprofessional behavior crossing the line. As I said what he did may not be right, but just imagine all the loopholes and crap he has to hear and deal with, you couldn't pay me enough to do their job. If most of the county doesn't agree, it will show when he runs again and gets voted out. Most people are just sick of criminals getting away with smacks on the wrist. I know I am.

25.	Posted by mnickita1 July 28, 2008
	I grew up in Portage County but I no longer live there. I raised a little h@@l back in the day and got into some trouble and spent my time in court and in jail. Never once did I have to go to court when I was innocent, and it is the same for most people I know that have been through the court system. Innocent people normally don't have to appear (there are exceptions of course, I did say normally). Judges and prosecuters aren't paid to coddle and baby defendents. I don't agree exactly with what the judge in this case did (though it all may be taken out of context)he gets paid to get law breakers off the street and frankly I am glad there is a Judge here that isn't afraid to do what he feels is right. You think it is bad there, you should have gone in front of a certain Judge in Geauga County (if you went in front of him you know who it is), you talk about unprofessional behavior crossing the line. As I said what he did may not be right, but just imagine all the loopholes and crap he has to hear and deal with, you couldn't pay me enough to do their job. If most of the county doesn't agree, it will show when he runs again and gets voted out. Most people are just sick of criminals getting away with smacks on the wrist. I know I am.

24.	Posted by mnickita1 July 28, 2008
	I grew up in Portage County but I no longer live there. I raised a little h@@l back in the day and got into some trouble and spent my time in court and in jail. Never once did I have to go to court when I was innocent, and it is the same for most people I know that have been through the court system. Innocent people normally don't have to appear (there are exceptions of course, I did say normally). Judges and prosecuters aren't paid to coddle and baby defendents. I don't agree exactly with what the judge in this case did (though it all may be taken out of context)he gets paid to get law breakers off the street and frankly I am glad there is a Judge here that isn't afraid to do what he feels is right. You think it is bad there, you should have gone in front of a certain Judge in Geauga County (if you went in front of him you know who it is), you talk about unprofessional behavior crossing the line. As I said what he did may not be right, but just imagine all the loopholes and crap he has to hear and deal with, you couldn't pay me enough to do their job. If most of the county doesn't agree, it will show when he runs again and gets voted out. Most people are just sick of criminals getting away with smacks on the wrist. I know I am.