STRIP-SEARCHES Cleveland-area lawyer to review Warren cases

It is not known when the special prosecutor will begin working on the cases.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- The Cleveland Heights law director has agreed to serve as special prosecutor for the city to determine if police officers performed illegal strip- searches.
In a letter sent Wednesday to Greg Hicks, city law director, Atty. John H. Gibbon agreed to review the case and determine if any criminal charges should be filed against the officers.
Gibbon, who has been the city law director in Cleveland Heights since 1987, also is a partner in the law firm of Walter & amp; Haverfield.
"I will personally oversee the matter and would be the named special prosecutor, however, I anticipate being assisted by my partner, Jonathan Greenberg," the letter states.
Greenberg, who also is a partner of Walter and Haverfield, serves as solicitor and prosecutor for the Village of Cuyahoga Heights, as well as prosecutor for the city of Pepper Pike.
Gibbon and Greenberg could not be reached to find out when they will begin reviewing the cases.
The letter from Gibbon also states that customary rates for this type of service are $185 per hour for partners and $175 per hour for an associate attorney.
Hicks said he is asking the firm to review four strip-search cases and determine whether criminal charges should be filed against the police officers.
Misdemeanors
Courts have determined that conducting an illegal strip-search is a first-degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. It is also a fourth-degree misdemeanor, punishable by up to 30 days in jail and a $250 fine, for performing a strip-search and not writing a report.
The law director said he wanted to wait until all the civil lawsuits relating to alleged illegal strip-searches were settled before he sought the independent review.
The last lawsuit dealing with the strip-search allegations was settled earlier this month.
The city has spent $115,000 in the past year to settle lawsuits in which police were accused of illegally strip-searching suspects.
Police Chief John Mandopoulos says he doesn't think the police officers had criminal intent when they were performing the strip-searches.
In March 2003, Mandopoulos implemented a new departmental policy, with strict guidelines on strip-searches. The new guidelines, written by city police and law department officials, require doctors to be present during the most invasive searches.
In July 2003, The Vindicator reported that one officer admitted routinely conducting body-cavity searches and strip-searches on male suspects even in minor crimes, says an internal police investigation. That investigation was started because of a citizen's complaint, police officials said.
sinkovich@vindy.com