By Brian Massie, A Watchman on the Wall
Update September 3, 2026 5:19 am
It is official, we have been given permission to record the legal proceedings of the jury trial between Jerry Cirino and Donald J. Byrnes on October 8th, 2026. Stay tuned for more information in the next couple of days.
September 2, 2026 9:33 am
The assigned judge has approved your request to video the jury trial beginning October 8th, 2026.
Christopher J. Simon
Court Administrator/Clerk of Court
Willoughby Municipal Court – Judge Marisa Cornachio
We are interested in following the legal case between State Senator Jerry Cirino v Donald Byrnes (a.k.a. The Rooster). It is case number (26CRB01160), and will be heard on October 8th at the Willoughby Municipal Court.
A.I. Summary of the case:
The basis of Columbus political blogger Donald “D.J. Byrnes’ arrest is a first-degree misdemeanor charge of telecommunications harassment.
The Rooster, was taken into custody by the Ohio State Highway Patrol at the Ohio Statehouse on June 1, 2026. The arrest was executed on an outstanding warrant issued out of Lake County, Ohio.
The specific allegations behind the harassment charge include:
- The Recipient: The arrest warrant was initiated after Republican State Senator Jerry Cirino (“J.C.”) contacted the Kirtland Police Department to request criminal charges. Byrnes frequently covers and criticizes Cirino in his blog.
- The Alleged Content: According to law enforcement records and statements from those close to the case, Byrnes allegedly sent Cirino two harassing text messages and a lewd, altered photo on May 6, 2026. Sources and court documents later revealed that the image sent was a crude prank involving an explicit, edited photo of the cartoon character Shrek.
- The Legal Defense: Byrnes pleaded not guilty to the charges. His legal team has filed a motion to dismiss the case, arguing that the text messages constitute constitutionally protected political speech under the First Amendment and that Ohio’s telecommunications harassment laws are overbroad.
The Cirino lawyers offered a plea deal to the Rooster. Plead guilty and they would drop the jail time. The Rooster declined the deal because he maintains that his text messages constitute constitutionally protected political free speech. A jury trial is set for October 8 in the Willoughby Municipal Court.
We sent the following email to Judge Marisa L. Cornachio:
Judge Marisa L. Cornachio:
I am requesting permission to record with video the upcoming October 8th case between State Senator Jerry Cirino and Mr. Donald J. Byrnes.
Honesty, integrity and transparency are the keys to good governance. I will let the people know of your decision.
Thank you,
Brian Massie
A Watchman on the Wall
Here is the response from the Clerk of Court’s office:
Your request will be forwarded to the assigned judge in the State of Ohio v Donald Byrnes (26CRB01160).
Christopher J. Simon
Court Administrator/Clerk of Court
Willoughby Municipal Court – Judge Marisa Cornachio
Just a friendly reminder. We would highly suggest that no one should wear their Shrek outfit in the courtroom. It may trigger J.C. and he may have his goombah, Judge Cornachio, arrest you on the spot.
Section 22917.21 Telecommunications harassment per the Ohio Revised Code.
https://codes.ohio.gov/ohio-revised-code/section-2917.21
Here is an A.I. interpretation of the law:
Telecommunications harassment is a criminal offense that involves using phones, text messaging, email, or other electronic devices to repeatedly annoy, abuse, threaten, or alarm another person.
Common Examples
- Unwanted Contact: Sending repeated text messages, emails, or social media posts after being told to stop or after being blocked.
- Silent or Hang-up Calls: Calling repeatedly and hanging up without speaking, or making a phone ring continuously to annoy the recipient.
- Abusive Language: Using vulgar, obscene, or threatening language during a call or message.
- Inconvenient Timing: Intentionally alarming or disturbing someone at an offensive or late hour.
- Disruption of Service: Transmitting data or files meant to block or prevent someone from using their phone or electronic device.
Legal Penalties
- A first-time offense is typically classified as a misdemeanor, which can carry penalties of up to 180 days in jail and fines up to $1,000.
- Felony Escalation: Repeat offenses, or actions that cause economic harm or severe threats, can be elevated to felony charges with longer prison sentence.
Editorial comment by Brian Massie, A Watchman on the Wall
We wish Mr. Byrnes luck dealing with Cirino and the Lake County judges. We have a history with both. Allow me to explain using my new friend A.I.
The lawsuit you are referring to is State ex rel. Massie v. Lake County Board of Commissioners. It stems from a public dispute involving local activist Brian Massie (founder of Lobbyists for Citizens) and then-Lake County Commissioner Jerry Cirino (now an Ohio State Senator).
Case Background
On February 19, 2019, Commissioner Jerry Cirino and Commissioner John Hamercheck held a meeting with the Executive Director of the Lake County Visitors Bureau. The purpose was to review 2018 achievements and set 2019 goals.
Brian Massie attended the meeting, but before it officially commenced, Commissioner Cirino asked Massie to leave. Following Massie’s removal, the attendees discussed the distribution of a 3% hotel excise tax. This discussion ultimately led to a Memorandum of Understanding (MOU) that funded a $75,000 Coastal Manager salary position.
The Lawsuit & Allegations
In June 2019, Massie filed a taxpayer lawsuit against the Lake County Board of Commissioners. He alleged that the board violated the Ohio Open Meetings Act (Sunshine Law) by:
- Conducting a public meeting behind closed doors.
- Wrongfully excluding him from a meeting where public funds were discussed.
- Formulating public policy (the MOU) in private.
Legal Outcome
The case went to the Eleventh District Court of Appeals, which ultimately ruled against Massie:
- Information Gathering vs. Deliberation: The court found that the gathering was strictly for “information-seeking” and did not constitute an official public meeting under Ohio law.
- No Sunshine Law Violation: Because the commissioners were listening to a presentation rather than actively deliberating or voting on public policy during that specific session, the court ruled that the Open Meetings Act was not violated.
In the initial trial stage of State ex rel. Massie v. Lake County Board of Commissioners, Judge Eugene A. Lucci ruled in favor of the Lake County Board of Commissioners, granting summary judgment against Brian Massie.
At the time, Judge Lucci presided over the Lake County Court of Common Pleas (before being elected to the Eleventh District Court of Appeals in 2022). His judicial ruling established the baseline legal conclusions that were later upheld on appeal:
- No Technical Volation: Judge Lucci ruled that the February 2019 gathering between the county commissioners and the Visitors Bureau director was purely informational.
- Definition of a “Meeting”: He determined that because the commissioners did not officially deliberate, vote, or formulate public policy during that specific discussion, the gathering did not legally qualify as a “meeting” under the narrow definitions of the Ohio Open Meetings Act.
- Dismissal of Taxpayer Claims: Consequently, Judge Lucci dismissed Massie’s lawsuit, concluding that the county had not broken the state’s Sunshine Laws by barring Massie from the room before the presentation began.
Massie appealed Judge Lucci’s summary judgment, but the Eleventh District Court of Appeals ultimately affirmed Lucci’s decision, finalizing the defense of the county’s actions.
Judge Lucci and the appellate court found that the Lake County Visitors Bureau was not a public body because it is organized as a private, nonprofit corporation rather than a government entity created by law.
Legal Basis for the Ruling
Receipt of Public Funds Does Not Change Status: Simply receiving public funds, such as portions of the county’s hotel lodging excise tax, does not transform a private nonprofit corporation into a government-controlled “public body” under the strict wording of the statute. (LFC add:The majority of the Visitors Bureau’s revenue is from the hotel bed tax.)
Private Corporate Structure: The Lake County Visitors Bureau operates as an independent private nonprofit rather than a political subdivision or official department of county government.
Definition Under the Open Meetings Act: Under Ohio Revised Code § 121.22, the Ohio Open Meetings Act applies specifically to public bodies, which are defined as government boards, commissions, or agencies.
Since I did this “pro se”, I can say, without any hesitation, that I needed a better lawyer.
I did not ask A.I. for the following statement, it just provided it to me.
Current Dynamics
While the original 2019 Open Meetings lawsuit is legally resolved, the friction between Brian Massie and Senator Jerry Cirino remains active in Ohio politics. Massie currently leads the “Ax Ohio Tax” citizen movement to completely abolish Ohio property taxes, a proposal that Senator Cirino has publicly rebuked, calling it an “irresponsible shell game” and a “stunt”.
He shall reap what he has sown. What Cirino, the Kirtland Police Department, and Judge Marisa Cornachio did to Mr. Byrnes is what is done in communist countries to silence citizens that oppose those in power. POWER IS A VERY INTOXICATING ELIXIR!
Watch this case very careful, it will tell the citizens a great deal about the direction of our form of government in Ohio. Our freedom of speech, and redress of our grievances are on the line.
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Categories: Community Activism, State of Ohio, Uncategorized