Yost a no-show on victim rights

FREMONT — Dave Yost won't say if rights of victims were ignored by his investigators during the sex crimes investigation of Sandusky County Prosecutor Tim Braun. Ohio's top prosecutor also refuses to talk about polygraph tests, missing files, secret subpoenas and secret court rulings. And, he's declined comment about if staff personnel in the prosecutor's office mishandled child porn videos. Despite Yost's refusal to address questions directly related to the responsibilities of his office and to subordinates who work for him, he did make one telling statement weeks ago about Braun."It is my understanding that the grand jury has been cancelled and a negotiated plea has been reached. No further details are available," Yost wrote the Register in an email Oct. 29. "Mr. Braun should resign immediately. No victim of sexual assault, no victim of workplace harassment, could believe she would be treated fairly in an office he oversees."The plea deal Braun might get Friday in court in front of a visiting judge could get him a misdemeanor charge and allow him to keep his job or run for county judge next year. Judge Janet Burnside will preside at the 1 p.m. hearing. Read: By the book BurnsideCritics contend Yost's investigators from the state crime lab and a special prosecutor handling the case have fixed it so there's no real punishment for Braun if he does accept the plea deal. Yost, and nobody from his team, is addressing the points they've made.Marsy's Law, a victim rights law approved by voters in 2017, requires criminal investigations be conducted in a timely fashion, that victims be given the right to be fully heard and have a voice in any resolutions to a criminal matter. The crime lab agents failed to even give notice to the victims of their rights, according to sources, which also is required under Marsy's Law. Yost would not confirm or deny whether the agents ignored the statute. Katie Nelson, the special prosecutor, also refused to say whether she told the alleged victims of their rights, or if they had been informed fully about the plea deal offer and given the the opportunity to discuss it with her.It's not clear if the victims will be able to speak at the hearing, or if they've ever had a conversation with a victim's advocate and are prepared to speak. Nelson told a Toledo reporter that Sheriff Chris Hilton lied to her when he said the victims were not satisfied with the proposed plea deal, and it's not clear if she's talked with any of them since she was told about their misgivings. Four women who worked for Braun filed complaints in April accusing him of sexual misconduct, harassment and creating a hostile work environment. But what, exactly, was investigated, who and how many witnesses were interviewed and what was determined all remain secret. Yost and Nelson both refuse to release records and public records, and Sandusky County Judge John Dewey secretly issued a ruling sealing all court records in the case.In that same ruling, Dewey appointed court administrator Brock Kimmet deputy clerk of courts, an extraordinary move given that both Dewey and Kimmet are close associates and friends with Braun. Dewey months later recused himself, acknowledging his obvious conflict of interest, and Judge Burnside was appointed. The attack on Sheriff Hilton is the only known public comment Nelson's made since she was appointed special prosecutor in June when the investigation was finished. She and her boss, Henry County Prosecutor Gwen Howe-Gebers, routinely ignore written inquiries and telephone messages. Yost ignored all the questions he was asked, but he did have an assistant provide a non-responsive reply.READ MOREYost also has not responded to a complaint from activist Elsebeth Baumgartner, contending Nelson's appointment was made unlawfully and calling on him to correct the mistake to assure the Braun case does not finish as a rigged prosecution. Braun has not been charged or indicted with any crimes, nor has he been cleared. He does not respond to written inquiries or telephone messages. Dave Yost at a press conference at Perkins High School in 2017.