Kraus: Judge should get the boot

PORT CLINTON — Former state rep. Steve Kraus wants the Ohio Supreme Court to remove the judge from his case. Kraus, a former state representative for the 89th House District, was convicted of felony theft in July 2015 and subsequently removed from office. Kraus filed an appeal, which was denied, and has since requested a new trial.Retired visiting Judge Dale Crawford presided over the case in Ottawa County Common Pleas Court. "Judge Crawford has proven to me that he can't be trusted," Kraus told the Register. "I don't think Judge Crawford can be unbiased (in this case)."Kraus recently filed an affidavit of disqualification against Crawford in the Ohio Supreme Court. The affidavit alleges Crawford has shown bias or prejudice against Kraus and, therefore, should be removed from the case. Kraus's attorney, Geoffrey Oglesby, filed a motion for a new trial on Jan. 10, 2017. The motion was backed by new evidence that Kraus said clearly shows collusion between the judge, former Ottawa County prosecutor Mark Mulligan and former state rep. Chris Redfern.In November 2014, Redfern asked the Ottawa County Prosecutor's Office when the Kraus case would be "handled," according to the affidavit. Redfern was then provided with a phone number to reach special prosecutor Tim Braun, who was appointed by Crawford after Mulligan recused himself. Redfern previously told the Register he had never spoken with Braun. Obvious bias?Kraus said the connections between Crawford, Redfern, Mulligan and Braun show an obvious bias. For instance, Kraus claims a friendship between Crawford and Redfern, his opponent during the 89th House District race in 2014, should have disqualifed the judge from his case."I think Crawford should have recused himself," Kraus said. "Their friendship impacted my trial. I'm truly disappointed with him."Kraus claimed Crawford didn't treat one of his witnesses fairly on the stand. "When my witness came up, he was up and down within five minutes," Kraus said. "There was a lot of hearsay testimony on the prosecution's side. But when my witness tried to say what he and I talked about, Crawford kept shutting him down." Additionally, Kraus said he is concerned about Crawford refusing to accept mailed copies of court filings involving his case. Kraus said his concerns about a bias didn't begin during the trial. In fact, those concerns began much sooner. Kraus contends Mulligan and Redfern had a political motivation to indict him, and they intended to announce he was being investigated in the fall of 2014 as an "October surprise" to derail the Kraus campaign. Kraus went on to win the election. "This was an October surprise that backfired," Kraus said. "I don't ever want someone to go through something like this. This was an injustice of epic proportions." Crawford respondsCrawford followed up on Kraus's concerns in the Ohio Supreme Court. On April 13, 2017, in signed letter to the chief justice of the Ohio Supreme Court, Crawford commented:• on not responding to a motion for a new trial: This is true. The first time I was made aware of the fact that a motion was filed was when this affidavit was filed. Neither the Ottawa County prosecutor, common pleas court nor the Ottawa County clerk ever notified me that a motion had been filed.• on refusing to accept mail from Kraus: I have never permitted ex parte mail to be communicated to me at my office or at my home. Receiving the ex parte communication would be unethical. In addition, opening mail from convicted defendants without security review si not a safe practice. Mr. Kraus's name has been on numerous recent communications to me and I have written "return to sender" on all of them.The proper method of communicating with me since I am a visiting judge is to have the clerk or the court send me time-stamped motions. • on his relationship with Redfern: I am acquainted with Chris Redfern. I spend a lot of time on Catawba Island in the summer and have met Mr. Redfern numerous times. I had only met him a few times before the (Kraus) trial. Since the trial, I have seen and been in the same company with Mr. Redfern and his wife numerous times. Mr. Redfern is a close personal friend with someone whom I share my boat. Mr. Redfern and his wife have been on my boat since the trial, but I do not believe I was present when they were on the boat. It should be noted that Mr. Redfern had nothing to do with Mr. Kraus' case. He was not a victim or a witness. I never discussed the case with Mr. Redfern before, during or after the trial. I'm not aware of any communication Mr. Redfern had with anyone connected with the case. The case was indicted after the election, so it cannot be believed that the timing of the indictment was politically motivated. I believe I can continue to be fair and impartial in dealing with Mr. Kraus' case. Reach reporter Patrick Pfanner at pfanner@sanduskyregister.com, follow him on Twitter @PatPfanner and follow the Register at Facebook.com/SanduskyRegisterLeft: Former state rep. Steve Kraus Right: retired visiting Judge Dale Crawford