Special prosecutor sought in evidence-tampering probe

By ED MEYER

AKRON — Summit County Common Pleas Judge Patricia A. Cosgrove has decided to appoint a special prosecutor to investigate allegations of compromised ballistic evidence that led to last month’s dismissal of an aggravated murder case against a Mahoning County man.

Judge Cosgrove said Wednesday that she wants the case to be investigated by someone with no Summit or Mahoning County ties and that her proposed order will be discussed at the monthly meeting of Summit’s general division judges next week.

Last month, Judge Cosgrove dismissed all charges in the aggravated murder case against Arian S. O’Connor, 30, of Youngstown. O’Connor was charged in October with the 2002 execution-style slaying of Javan Rogers, 24, of Akron, after Youngstown police allegedly switched shell casings from that crime scene and the scene of an unrelated drive-by shooting involving O’Connor less than two weeks later.

Those assertions were made in open court April 7 by Assistant Summit County Prosecutor Gregory Peacock, who told Judge Cosgrove a trial in the case ‘‘would not be in the interest of justice for either the defendant or the victim’s family.’’

Judge Cosgrove granted Peacock’s request, calling the compromised evidence ‘‘a situation that strikes at the very heart of our democracy and our justice system.’’

Members of Rogers’ family were present in court for the dismissal, and Judge Cosgrove promised them she would take steps to ensure a further investigation aimed at determining whether the compromised evidence was accidental or deliberate.

Vickie Rogers, the victim’s mother, said outside of court that she had ‘‘waited five years to get some justice’’ and that she felt as though ‘‘the system failed me.’’

Days later, Youngstown Mayor Jay Williams said the internal affairs unit of his city’s police department was investigating the matter. And, a state official in Columbus said the state’s Bureau of Criminal Identification and Investigation would be conducting its own investigation.

Williams did not return telephone messages Wednesday, although he said earlier there was nothing to indicate ‘‘anything untoward or sinister.’’

If there were switched shell casings, Youngstown Police Chief Jimmy F. Hughes said, it was simply a mistake. ‘‘I’ve been in law enforcement for 30 years. Mistakes happen,’’ Hughes said.

O’Connor’s lawyer, Jonathan T. Sinn of Akron, said O’Connor was returned to the Mahoning County Jail after the dismissal action and was released on April 28. He remains on supervised federal parole, Sinn said, in connection with his arrest by Pennsylvania authorities for the Youngstown drive-by shooting on Sept. 8, 2002.

No one was injured in that incident, but officers at the scene recovered one 9mm brass shell casing in the street, according to police records, and placed it in an evidence locker.