It was a worthwhile lesson: court proceedings held in secret must be not only fair in fact but fair in appearance.

        That means grand jurors, who by law deliberate in secret, can't have even a hint of a relationship with the defendant or the prosecution.

        It's especially important considering how this grand jury threw the book at Col. Twitty.

        Col. Twitty is accused of lying about how his city-issued vehicle sustained $3,337 worth of damages. He was indicted on two felony and two misdemeanor counts and, if convicted, could face 10 years or more in jail.

Mike Allen

        Stephen J. Fagel, a former prosecutor who handles real-estate law for the city, sat on the jury and became its foreman, meaning he signed the heavy-handed indictment.

        Grand juries have some leeway in the charges they bring. Prosecutors present them with a list and make recommendations, but it's up to the grand jury how far to go.

Uneven charges

        And it's all in secret. That's why no one knows, for instance, why less serious charges were waged against police officers accused in African-Americans' deaths.

        Former Cincinnati Officer Stephen Roach was charged with two misdemeanors — negligent homicide and obstructing official business — for shooting to death Timothy Thomas. He was acquitted, but had he been convicted, he would have faced six to nine months in jail.

        In the death of Roger Owensby Jr., former Cincinnati Officer Robert “Blaine” Jorg was charged with involuntary manslaughter, a felony punishable by up to five years in prison. But it depended on a related misdemeanor assault charge.

        He and Officer Patrick Caton were both acquitted of assault. Mr. Jorg's felony count was dropped after the jury deadlocked.

        In the Twitty case, Mr. Fagel did his legal duty but ignored an ethical one. He disclosed his employment to court personnel and swore to be impartial. But as a lawyer he is supposed to avoid even the appearance of conflict, says Nathaniel Jones, a retired appellate judge.

Causes and effects

        Many were betting that the charges would compel Col. Twitty to cop a plea, a less costly alternative to trial, especially for the city.

        But here is where the conflict becomes plain.

        Mr. Fagel works in the city solicitor's office, which ultimately answers to City Manager Valerie Lemmie, who ultimately will be disciplining Col. Twitty in a separate, administrative process.

        An indictment strengthens the city's case for firing Col. Twitty; a conviction would be the coup de grace.

        But even before trial, the indictment means the city can stop paying Col. Twitty.

        That typically happens within five days of officers being charged.

        Col. Twitty, on paid leave since July 12, will have less money for his criminal defense, his attorney said.

        One more push for him to make a deal.

        Instead, he pleaded not guilty Friday.

        Meanwhile, Mr. Allen announced that he'll drop the indictment and seek a new one from another grand jury.

        He complained that his detractors, by pressuring him and challenging Mr. Fagel's ethics, have done what they've accused his office of doing, tainting the grand jury process.

        Mr. Allen ought to be thanking them; he's gained another chance to make the system more fair.

        E-mail damos@enquirer.com or phone 768-8395.

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