MANSFIELD: Almost Framed

Let me begin by stating unequivocally that anyone who engages in coercive behavior — especially of a sexual nature — needs to be separated from the rest of society for however long it takes to insure they are no longer a threat to anyone. If that means they should be tripping over their own beard by the time they are let out of prison, then so be it.

But there are cases — perhaps more than we like to imagine — where a person spuriously, for whatever reason, cries “rape!” Speaking as a feminist (something I’ve been for all of my adult life) I abhor these false accusations of sexual imposition as much as I detest those who play the race card for their own advantage. Those who make ersatz claims of any kind need to be ostracized, if indeed not jailed.

Which brings me to the case of Shaker Heights detective Jessica Page, who seemingly concocted a tall tale (actually it appears to be more like a flat-out lie) against a Laurel School softball coach after he was accused by a student of attacking her back in 2013. He was charged with two counts each of rape, sexual battery, kidnapping and abduction. I suppose one would have to be a member of the legal profession to know the difference between “kidnapping” and “abduction” but this appears to be classic overcharging.

I won’t use the former teacher’s name since by now he’s probably already seen it in print enough for a couple of lifetimes, but he was cleared of the charges against him when Judge Nancy Margaret Russo tossed the case out “with prejudice.” This means the charges cannot be reinstated against the coach. But the prosecutor could of course come up with new ones, something I strongly doubt.

The case against the coach hinged on a diagram of the equipment room in which the alleged attack took place. Detective Page drew the diagram, based on what the victim told her. But when other witnesses provided contradictory information Page drew another diagram, one that she figured would convict the coach. It seems as if the truth had nothing to do with the detective’s renderings.

The fact was (and other teachers were set to testify to this), the equipment room had already been converted into an arts room by the time the victim alleged the assault took place. And Page didn’t disclose the fact there were two drawings, and in fact made every effort to conceal that fact from defense attorneys as well as the judge.

Do the actions of Detective Page amount to criminal conduct? That’s not for me to say since I’m not a member of the legal community. By her remarks from the bench it’s clear that Judge Russo is seriously looking askance at the behavior of Page.

Shaker Heights police commander John Cole said, “The seriousness of these findings warrants a comprehensive review and examination of this investigation as well as the methods of presenting information to the county prosecutor’s office.” This is legal doublespeak for saying, “I’m not going to put my dick in a meat grinder to protect Page.”

Did Detective Page go above and beyond the boundaries of fairness and truthfulness in order to secure a conviction against a coach she might well have been convinced had committed rape, even when the evidence pointed in another direction? Did she abandon her role as a seeker of truth in order to gain a conviction? And if she did, should she pay a price for her behavior?

After all, she was attempting to rob what appears to be an innocent man of his good name and reputation (not to mention potentially his freedom) by bending the truth. Is firing her penalty enough for seemingly trying to frame an apparently innocent man?

Now the coach could still very well be as guilty as hell. But evidence cannot be fabricated because an investigator “feels” that a person is guilty. Nonetheless, this kind of behavior goes on far more frequently that most people might imagine, and almost all of the time it’s gotten away with.

Addendum: Close to 40 years ago I was falsely accused of rape. I was embarking on a career as a thespian in Manhattan (one that held out great promise for success) when a member of the theater company lodged the totally false complaint against me with the director of the company. She immediately admitted the claim was false the minute she was challenged, but by then the damage was done, the venom had quickly spread throughout the New York theater community. My career was over. I was framed and convicted … not in a court of law, but in the court of public opinion. This still stings when I think about it.

From Cool Cleveland correspondent Mansfield B. Frazier mansfieldfATgmail.com. Frazier’s From Behind The Wall: Commentary on Crime, Punishment, Race and the Underclass by a Prison Inmate is available in hardback. Snag your copy and have it signed by the author at http://NeighborhoodSolutionsInc.com.

 

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