Attorney switches sides?

SANDUSKY — An attorney for Ashli Ford, who contends her felony intimidation convictions violate her free speech rights, dismissed concerns about his own potential conflict representing her. An article published in the Register on Friday "has various defamatory misrepresentations in it," Cleveland attorney Peter Pattakos wrote in an email to the Register late Friday, "including its bizarre focus on 'conflicts of interest,' which do not exist in any meaningful way here." The article the attorney referenced a prosecution response to a defense motion to throw out those convictions for Ford, a local podcaster. Erie County prosecutor Kevin Baxter, in his response, drew attention to Pattakos' previous representation of members of the Amanda Dean family — which Ford was charged, but later acquitted of, attempting to extort. Pattakos, who did not provide any other specific information about what he considers to be defamatory in the news coverage, did not immediately respond to an email asking him for details about his concerns. Arguing First Amendment Pattakos took over representing Ford on June 2 and filed a motion asking visiting Judge Deborah Boros to reverse her May 22 "guilty" verdicts against Ford, claiming the convictions are unconstitutional under long-standing court precedent. Boros, however, ruled previously that Ford's statement represented a "true threat," and isn't protected by the First Amendment. Speech meant to intimidate others is not protected, according to court precedent, Boros ruled. Ford, 40, was convicted of four felony intimidation counts related to a statement she made at social media, threatening to "escort (Norwalk city officials) to their demise more akin to Malcolm X as opposed to Martin Luther King Jr." Both civil rights leaders died violently: King was killed by a lone assassin in 1968, and X died in a hail of gunfire in 1964. All four city officials — Norwalk Mayor David Light, former safety service director Mike White, former police Chief David Smith and law director Stuart O'Hara — testified during Ford's four-day trial last month that they feared for their own safety and the safety of their families after learning about Ford's threat. At trial, Ford's prior attorney argued that the meaning of her statement was in reference to the men's political demise, in the court of public opinion. Pattakos claims her prior counsel failed to correctly cite court precedents that protect a person's right to speak in ways that might be perceived as threatening. In summary, Pattakos contends Ford has a right to criticize public officials. In addition, under the "true threat" doctrine, courts have ruled that speech cannot be prosecuted because it is offensive, angry or vulgar. Pattakos also argues that prosecutors failed to prove Ford's statement could be perceived as a threat, citing Counterman v. Colorado, and that speech on public matters deserve the strongest protection. Ford's statement is protected political expression, he wrote in the motion. Excepting threats In his counter motion filed Wednesday, Baxter contends that the prosecution successfully proved that Ford's statement was a "true threat." He also cited the court's earlier ruling about that and stated that the prosecution met the legal standard for conviction. "The evidence presented at trial supports the finding that Ford's Facebook post constituted a serious expression of intent to threaten, satisfying the elements of the crime," Baxter wrote. "No reasonable fact finder would be required to conclude otherwise." Baxter also argued that Ford is not entitled to a reconsideration of her convictions because she chose a bench trial. The law allows a judge to consider overruling a jury's verdicts. There is no avenue for a judge to overrule verdicts in a bench trial, however, where there is no jury, Baxter wrote in his counter motion. Conflict, what conflict? Baxter raised questions about whether it's appropriate for Pattakos to be representing Ford since he used to represent the family of Amanda Dean and slammed Ford previously for harming them. Amanda Dean went missing in 2017, but Huron County Sheriff Todd Corbin refused to investigate her disappearance. The state began investigating it in January 2023 after the Register, in a series of news stories, reported about Corbin refusing to help the family. In February 2024, Dean's boyfriend, Fred Reer, was indicted and charged with murdering Dean based on the state's investigation. He is awaiting trial in Huron County Common Pleas Court. Ford allegedly tried to extort Amanda Dean's sister, Shannon Dean, demanding that she turn over text messages she and Reer had exchanged when the family first reported that Amanda was missing, in July 2017. Ford's intention was to use the text messages to generate audience and revenue at social media, according to the prosecution. "Mr. Pattakos' representation is questionable since his other client or former client was (Amanda Dean's) family," Baxter said. "Attorney Pattakos wrote a scathing letter to Ms. Ford on behalf of the family on the grounds that Ms. Ford's statements were unprotected speech." Baxter said Pattakos was listed as a state's witness and his letter to Ford was admitted as evidence. Not a fan Pattakos called out Ford in the letter he sent her, dated May 12, 2023, when he was representing Amanda Dean's mother, Caroline Tokar, and her sister, Shannon Dean. "With respect to your commentary on and involvement with the investigation of Amanda's disappearance, one may readily infer that you have prioritized your interest in attracting attention to yourself (listeners to your podcast, pageviews to your web pages, etc.) over the performance of any fair, truthful and effective advocacy on Amanda's behalf," Pattakos wrote. "Not only have your statements about this matter been sensationalized, salacious and apparently entirely unhelpful to any real progress in this investigation, you have repeatedly, recklessly and intentionally published extremely damaging falsehoods about our clients." In a subsequent email to Ford, Pattakos told Ford to "cease and desist from your increasingly egregious and harmful conduct." He asked her to "display some basic decency toward Amanda Dean's family." Ford was indicted on 19 counts in March 2024. She was acquitted by Boros on 15 of those 19 charges, including extortion charges related to her interaction with the Dean family. Checking rules The state of Ohio Rules of Conduct for attorneys addresses potential conflicts related to past clients. "Unless the former client gives informed consent, confirmed in writing, a lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client." Pattakos said the rule does not apply in this case. "There is no conflict. I'm representing Ford on the 'intimidation' charges for which she was convicted, where the only alleged 'victims' are the Norwalk public officials, and which have nothing to do with my prior representation of Tokar or Dean," Pattakos said.