Posted: June 8, 2022
Updated: June 24, 2022

LFC Editorial Comments by Brian Massie, average citizen

According to the recent majority opinion (State v. Bryant) from the Ohio Supreme Court, Judge Eugene Lucci lost his temper dealing with a defendant in a trial three years ago. The defendant spewed some profanities at the judge after receiving a 22 year sentence and Judge Lucci, cold-heartedly and illegally, added 6 years to the defendant’s sentencing after being offended by the outburst.

We find this ironic since Judge Lucci admonished Clerk of Courts Faith Andrews for allegedly losing her temper, and he stated that even if 1% of what he has been told by the Clerk’s staff is true it is enough for him to declare her guilty. So the standard of “preponderance of evidence” is waived by Lucci and the Clerk of Courts allegedly losing her temper is not acceptable to him either.

We remind Judge (1%) Lucci of the expression: “The kettle calling the stove black”. This was not Judge Lucci’s finest hour.

This probably will hurt his chances with the voters in November when his name is on the ballot for the 11th Circuit Court of Appeals. Who wants a judge that loses his temper and is vindictive?

Here is the excerpt of the Ohio Supreme Court ruling:

“But to do these things, we need to start by acknowledging what
is uncomfortable to acknowledge: that trial-court judges do get offended and angry,
that anger clouds judgment, and that clouded judgment often results in unjust
outcomes.“

“The record in this case demonstrates that fundamentally, this is what
happened when the trial-court judge [Lucci] added an additional six years of incarceration to Bryant’s prison sentence after Bryant had an emotional outburst upon being sentenced to 22 years in prison.”

Here is the entire opinion in State v. Bryant case.

There are a couple of articles you can find om-line at Cleveland.com and Fox 8 that provide their reporting on this sordid affair.

Judge can’t increase sentence for defendant who cussed him out, Ohio Supreme Court says – cleveland.com

Supreme Court rules that man who yelled at local judge won’t get more prison time (fox8.com

Updated June 24, 2022

I had the opportunity to speak to Judge Lucci on June 23rd and he expressed his position on:

• The Supreme Court Justices’ assuming the role of the legislative branch
• My statement that Judge Lucci convicts “if only 1%” of the evidence is true
• The Supreme Court’s statement that he lost his temper in the Manson Bryant case and added 6 more years to the defendant’s jail sentence.

In the interest of providing our readers with the complete story so that they can decide for themselves what is fact from fiction, we are providing this update.

1. Judge Lucci is very concerned that the Supreme Court is incorrectly assuming the role of the legislative branch by arbitrarily lessening the sentencing requirements of those convicted of a crime.
   
   I have come to know this public policy as “restorative justice” and it is creeping into our judicial and educational system. It basically does not hold people accountable for their actions since there are, in the liberal mind, mitigating factors in their lives that cause them to “act out”. Their punishment, if any, should be lessened to account for early childhood hardships, or drug and alcohol addiction caused by genetic factors that the individual cannot control.
   
2. Judge Lucci wanted me to know that he definitely believes in the need for a preponderance of evidence (exceeding 90%) proving the defendant committed the crime. My statement was based on the Judge’s statement in the Journal Entry regarding the Clerk of Courts’ issue.
   
3. The Supreme Court stated in their ruling that Judge Lucci “lost his temper”. Judge Lucci wanted me, and by extension our readers, to see him in action during the Manson Bryant case to show that he was not being vindictive toward Mr. Bryant when Mr. Bryant shouted obscenities at Judge Lucci upon hearing his jail sentence imposed by the Judge. Here are two videos taken from Judge Lucci’s Lake County website that present the truth about what actually happened.

Upon watching the videos, I agree that Judge Lucci did not lose his temper; and, in my opinion, acted totally appropriately toward the defendant. He did his job of protecting the citizens of Lake County.

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In a previous article we asked for any comments, pro or con, on the conduct of Prosecutor Coulson and any of the Lake County judges. We received two emails and here is what was said:

“I do not know what you have found out about Judge Lucci, but I will note Judge Lucci was the judge who ruled against Amy Acton during the Coronavirus craze – that she ‘has acted in an impermissibly arbitrary, unreasonable and oppressive manner’ after 35 gyms, fitness centers and health clubs filed suit challenging the restrictions. He was also one of the first judges in the area to relax mask restrictions in the courtroom when able”.

Lake County Lobbyist

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I worked with Mr. Coulson when he was the City of Willowick Prosecutor, and into the 90’s when he became a politician. The man I knew would never do anything for self benefit, and never uttered a complaint when I called him at his home for advice at all hours of the night. I would find it hard to believe he has changed his core values. He had integrity above all. It hurts me to think he may be getting painted unjustly with a broad brush. Please keep an open mind with regard to this man, who, I feel, shoulders a heavy burden in a decaying society. Thank you for listening.

Jim Haase…Lake County

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Categories: LC Clerk of Courts