RICHARD D. EMERY
ANDREW G. CELLI, JR.
MATTHEW D. BRINCKERHOFF
JONATHAN S. ABADY
EARL S. WARD
ILANN M. MAAZEL
HAL R. LIEBERMAN
DANIEL J. KORNSTEIN
O. ANDREW F. WILSON
ELIZABETH S. SAYLOR
DEBRA L. GREENBERGER
ZOE SALZMAN
SAM SHAPIRO
ALISON FRICK
DAVID LEBOWITZ
HAYLEY HOROWITZ
THEODOR O. OXHOLM
ALANNA SMALL

EMERY CELLI BRINCKERHOFF & ABADY LLP
ATTORNEYS AT LAW
600 FIFTH AVENUE AT ROCKEFELLER CENTER
10TH FLOOR
NEW YORK, NEW YORK 10020

TELEPHONE
(212) 763-5000
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(212) 763-5001
WEB ADDRESS
www.ecbalaw.com
CHARLES J. OGLETREE, JR.
DIANE L. HOUK

November 27, 2015
Via Electronic Mail and Federal Express
Timothy McGinty
Cuyahoga County Prosecutor’s Office
The Justice Center, Courts Tower
1200 Ontario Street, 9th Floor
Cleveland, Ohio 44113
Re: Continued Subversion of the Grand Jury Process
Dear Mr. McGinty:
We have made clear in numerous written communications and in a number of inperson meetings with your office our vehement objection to your intention to use expert reports
in the grand jury proceedings in this case. We have emphasized that the damage this unorthodox
approach has caused to the grand jury proceedings has been exacerbated by your selection of
alleged “experts” and reports that are utterly biased and deeply flawed. The view expressed in
those reports that the killing of Tamir Rice was reasonable and justified is nothing short of
preposterous. So severe has been the damage caused by your office’s presentation, that we have
been compelled to demand your recusal from this case in favor of an independent prosecutor.
Notwithstanding those objections and that request, you have refused to step aside and have
presented this highly prejudicial and inappropriate material to the grand jury.
You have invited Ms. Rice to submit her own expert reports for consideration by
the grand jury, ostensibly to counter your biased and improper presentation. But under ordinary
circumstances, no crime victim’s family is called upon to assume responsibility to provide
information to the grand jury. That is the prosecutor’s obligation.
Under these circumstances, however, and given the clear default of your office in
this regard, we have decided to provide you the attached expert reports for presentation to the
grand jury. The first report is by Jeffrey Noble, who was a police officer for 28 years, including
serving as Deputy Chief of Police of Irvine and Westminster, in California. Mr. Noble has
extensive experience has an expert on police use of force and has been retained as an expert by
many police departments across the country, including Chicago, San Francisco, and Austin. The

 

EMERY CELLI BRINCKERHOFF I.I.P
Page 2

second report is by Roger Clark. who is a 27-year veteran of the Los Angeles County Sheriff 5
Department. Mr. Clark has been recognized as an expert in the police use of force in courts
across the country and his work has been heavily relied on by courts. including the Fifth and
Ninth Circuits Courts of Appeals. Both Mr. Clark and Mr. Noble strenuously disagree with the
conclusions of your so-called experts who concluded the shooting of Tamir Rice was reasonable
and justified. Based on the available evidence. both Mr. Clark and Mr. Noble conclude that this
shooting was unreasonable. Both experts are available to testify before the grand jury.

We understand that the presentation of these reports, making clear that the
shooting of this 12-year-old boy was completely unjustified and unreasonable. will likely not
undo the damage already done to the grand jury process. but we think it important that the grand
jury be given the opportunity to consider the testimony and findings of true experts to explain
why this killing was unjustified.

If you persist in the refusal to step aside. we fully expect you to recommend
criminal charges to the grand jury in this case. notwithstanding the confused and improper
presentation to the grand jury you have made thus far. Hopefully. the receipt of this information
will help you to change course.

Please let us know when Mr. Noble and Mr. Clark can expect to appear before the
grand jury.

Sincerely.

{lme  /75

Jonathan S. Abady
Earl S. Ward
Zoe Salzman

c: Subodh Chandra (via email)
William Mills (via email)
Matthew Meyer. Assistant Prosecuting Attorney
James Gutierrez. Assistant Prosecuting Attorney