Day three of the trial started where I left off Tuesday night, Lt. Rohner still on the witness stand testifying about the tape recordings that were made while interviewing Director Miller. The second of two tapes were played this morning for the Jury to hear and it lasted about 47 minutes.
For the record, both interviews that were conducted with Director Miller by Lt. Rohner took place in the detective bureau at the Lorain Police Department. The interview room is wired to record conversations with hidden microphones with the recording device in a different room.
The first tape, run time of 1 hour and approximately 15 minutes, involved Lt. Rohner, Director Miller and Detective Carpentier and took place on November 19th 2003. The interview was at the request of Lt. Rohner for Director Miller to come down to the detective bureau from his office on the 7th floor at Lorain City Hall. Director Miller came down and had the hour and 15 minute conversation with the detectives, and as the defense team pointed out without a lawyer. Director Miller throughout the discussion seemed to be learning a lot of facts about the Johnson case from the detectives. It was apparent while listening to the tapes that Miller may have relied and trusted his subordinates a little too much. During the conversation Lt. Rohner asked a key question to Director Miller, he asked if he had contacted the Ohio Ethics Commission before entering into the contract.
From the recording:
Rohner: In order for me to conduct a proper investigation I am going to need to know how you presented it to the Ethics Commission and who you spoke to down there, umm, you said it was two weeks before this job started? (Pause) Do you remember?
Miller: Yeah… it’s been so long ago.
Spellacy questioned Rohner about when he had found out the specific dated as to when Director Miller actually contacted the OEC, Lt. Rohner stated November 20th. Spellacy then had Rohner read from the affidavit that Rohner had sworn out to get the search warrants for Millers office.
Rohner: During his statement Mr. Miller indicated his call was to the ethics commission in November 2002 prior to the approval of the equipment rental.
Spellacy: During this call, that was the call to Poli right? That is what you are referring to correct?
Rohner: Let me read what it says. (reads document) No, that’s not correct. He interviewed him on November 19th, 2002.
Spellacy: Oh, November 19th, on that tape that we just heard for an hour and 15 minutes he said he made the call in November, is that your testimony?
Rohner: Yes
Spellacy: You heard him say, I made the call in November.
Rohner: No, he didn’t say those words.
Spellacy: No, he didn’t did he?
Rohner: No.
Spellacy: But you put that in your affidavit when you raised your right hand and swore to the Judge did you not?
Rohner: yeah, and I stand by it.
Spellacy: Right. And then you even go on in paragraph 7 do you not sir and say that he stated November.
Rohner: (Reading out loud from the affidavit) Director Miller returned the next day to provide further information, indicating that he had actually made the call to the Ethics Commission in May of 2003.
Spellacy: that’s correct isn’t it?
Rohner: That’s correct. Not in November of 2002 as he had previously stated.
Spellacy: Right. Problem is, he never previously stated 2003 to you did he? Did he ever say November to you?
Rohner: Not in those words no.
The battle of what was said and how it was said went back and forth for quite a while. Although Spellacy was able to get Lt. Poli to admit to several mistakes and he also had the OEC lawyer stumbling over his testimony on cross examination, Lt. Rohner held strong to his belief that Director Miller Stated that he had contacted the Commission before the work began in 2002.
After Lt. Rohner was excused from the stand the Prosecution rested its case. The court broke for lunch and when it all started back up again the Defense presented one document into evidence then rested their case without presenting any testimony.
Both sides presented closing arguments and then the Judge read the instructions to the Jury before they were sent off to begin deliberations around 3:45. It was 4:35 when the Judge released the Jury for the afternoon, sending them home for the night. The deliberations will resume at 8:30 tomorrow morning.
