Kraus gets new judge

PORT CLINTON — The Ohio Supreme Court on Tuesday appointed visiting Judge Patricia Cosgrove to replace the judge removed last week who presided over former state Rep. Steve Kraus' criminal trial. Kraus has appealed his 2015 felony theft conviction and asked for a new trial, contending it was a political prosecution concocted by the election opponent he defeated – former state Rep. Chris Redfern — and the now former Ottawa County prosecutor, Mark Mulligan.He was automatically expelled from the Ohio House upon his conviction following his trial. Kraus railed against both Redfern and Mulligan during the 2014 election campaign, accusing them of cronyism and working together on at least one prior criminal case. Since his conviction in July 2015, Kraus has compiled an array of public records that seem to strongly suggest Redfern and Mulligan were working together on his criminal prosecution, and planned an "October surprise" to upend Kraus' election bid. Steve Kraus talks to Register managing editor Matt Westerhold during a segment of Between the Lines on Thursday, April 27, 2017.Kraus was accused in April 2014 of stealing some personal property from an open and abandoned home, but Mulligan kept the criminal complaint under wraps for about six months before it was made public.The Register, through an independent and reliable source, learned of the theft complaint and reported about it in late September 2014. If there was an October surprise planned it might have been derailed by the news story, which prompted questions about why Prosecutor Mulligan sat on the complaint for months, playing into Kraus' complaint of cronyism between Redfern and Mulligan.The 89th House District includes both Ottawa and Erie counties. Kraus defeated Redfern in the election by winning overwhelmingly in Ottawa County, 10,773 votes to Redfern's 6,341. That was more than enough to overcome Redfern's substantial edge in Erie County, where Redfern received 11,857 votes to Kraus' 8,344.Ohio's supreme court chief justice, Maureen O'Connor, on April 27 ordered Judge Crawford be removed from the case due to the appearance of a conflict.Crawford explained that he and Redfern were acquaintances prior to Kraus' trial and later became friends. He acknowledged the friendship after Kraus pressed the issue using public records and other records showing Redfern had been a guest on Crawford's boat during the 2015 trial. Crawford's boat was moored in a Catawba Island marina at the time. The new judge, Patricia Cosgrove, is no stranger in local courts.She served as visiting judge last year during the trial of former Sandusky County Sheriff Kyle Overmyer, who was convicted last year on felony theft and drug charges. Cosgrove sentenced Overmyer to four years in prison after he pleaded guilty to felony theft and drug charges. Kraus has asked that his conviction be thrown out and he be granted a new trial due to the collusion he alleges occurred between Redfern, Mulligan and Crawford during his original trial. He also alleges Tim Braun, who was a private attorney at the time, was never sworn in to serve as special prosecutor and that Braun was improperly appointed to the role. Mulligan was defeated last year in his re-election bid to be county prosecutor. Braun won an election to be the Sandusky County prosecutor last year, and hired Mulligan as an assistant prosecutor earlier this year. Redfern has declined to respond to inquiries from the Register. Mulligan and Braun also were not available for comment Friday. Kraus is being represented in his appeal by Sandusky attorney Geoffrey Oglesby, who filed a request for a new trial in January."We argued that there were things going on that show this was selective prosecution," Oglesby said Friday, including Mulligan asking Braun to be the special prosecutor after another prosecutor who reviewed the complaint declined to file charges against Kraus.Oglesby said Cosgrove intends to ask that a new special prosecutor be appointed from the Ohio attorney general's office.Visiting Judge Patricia Cosgrove was appointed Tuesday to be the judge overseeing pending motions related to former state Rep. Steve Kraus' 2015 criminal trial.