EC Tattler #32 - Stan Donaldson's Testimony Against Joaquin Hicks Revealed

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  • By JULINDA MIADOLLAPlain Dealer reporter Stan Donaldson doesnt

    like to talk about how his testimony helped ex-Cuyahoga County Prosecutor William Masonconvict Joaquin Hicks and Common Pleas JudgeDan Gaul sentence him to 61 years in prison for acrime he didnt commit. He would prefer to actlike it never happened.

    Its generally known that Hicks wrongfulconviction was overturned in 2010 when the 8thDistrict Court of Appeals rejected everythingMason and the cops did to prosecute the innocentman. News consumers who followed Hicks trialmay remember that appellate judges totallydiscredited a main witness testimony. Not manypeople know the discredited witness wasDonaldson because the Plain Dealer reporterseditors chose not to reveal his connection toHicks trial until after his conviction wasoverturned.

    Donaldsons been a general assignmentreporter with the Plain Dealer since 2007. Hesfrom Youngstown. He bears a scar across hischeek that looks like it could have come from aknife fight. Hes from Yotowns predominantlyblack east side the hood.

    Mahoning County court records showDonaldsons had a few brushes with authoritiesfor driving while under suspension.

    Casual observers describe the squatty-bodied32-year-old as a short Suge Knight look-alike.Hes married to a physician, wants to be a lawyerand is full of himself.

    My colleagues were jealous of all theattention I got on national television for thestories I wrote about Anthony Sowells victims,is one of Donaldsons favorite, self-congratulatory lines when hes on an ego-trippingroll. He seems more than a little bourgeoisepretentious.

    Other than his education and current job,Donaldsons not much different than Hicks,which is why his testimony against the brotherdidnt make sense.

    No part of Donaldsons identification of Hickswas correct, but Mason got the grand jury to

    indict him anyway. As a Plain Dealer reporter,Donaldson had credibility.

    Masons entire prosecution was built onexploiting that credibility and on Donaldsonbeing black. If an African American Plain Dealerreporter was testifying against Hicks, to Masonshand-picked majority white jury, the man had tohave been guilty. This is where Donaldson blewhis opportunity to become a real journalistic heroto Black America.

    Its no secret to Cuyahoga Countys AfricanAmerican residents that Mason cared more aboutconvictions than justice. The late civil rightsattorney Stanley Tolliver often repeated the linethat Mason could get the grand jury to indict aham sandwich.

    The names of defendants whove had theircases dismissed or convictions overturned are fartoo numerous to identify in this article. Masonstenure over the county prosecutors officerepresented a period where even the countyscourt of common pleas and appellate judgesbegan to question the legitimacy of hisadministration.

    Last year Judge Nancy Russo dismissed acomplaint that Mason helped East Cleveland copsbring against Mikeela Fitzgerald after two of thecitys cops, Matthew Ferrell and BrandonJackson, fired 18 rounds at her car over a minortraffic violation.

    Under Mason, East Cleveland cops and thosefrom other county police departments used theprosecutors office to cover-up their civil rightsviolations with indictments against poor, innocentAmerican citizens. Masons office operated inconspiracy with cops and helped them bringphony charges against otherwise innocentAmericans that were designed to pressure themnot to file civil lawsuits against the individualofficers and the cities they served. Unrepresentedand fearful American citizens were asked to signagreements not to file civil lawsuits in exchangefor not being prosecuted.

    Fitzgerald was unarmed when Ferrell andJackson tried to murder her. Ferrell testified thathe thought Fitzgeralds car shot at him. Russo,

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    PD REPORTERS FALSE TESTIMONY AGAINST HICKS EXPOSED

    UNCLE TOMPlain Dealer reporter Stan Donaldson blew a chance to become a hero to Black Americawhen he did not retract his testimony against Joaquin Hicks and expose Bill Mason andJudge Dan Gaul for eliminating black jurors and violating the innocent mans civil rights

    disgusted, dismissed Mason and East Clevelandscriminal charges against her. Ferrells testimonyand Masons indictment were just too much forher to stomach.

    Had Donaldson searched his soul and publiclydeclared that his identification of the innocentHicks was wrong, and wrote about the indictmentand his discussions with prosecutors and copswho werent certain themselves that they had theright suspect, the resulting articles might haveprovided insight and opportunity for justice-minded activists to demand accountability fromMason.

    But Donaldson stuck to his wrong testimonyand reacts strongly when criticized as a sell outby his more vociferous critics.

    Black Plain Dealer reporters like Stan Donaldsonand Phillip Morris would rather attack otherAfrican Americans than the racism in thenewsroom of their employer and the abusescoming from racist Democratic politicians likeex-prosecutor William Mason and CommonPleas Judge Dan Gaul. Mason and Gaul lynchedJoaquin Hicks in front of Donaldson and hedidnt written one word of protest. Donaldsonwas Masons star witness; and he was wrong.

    Stan Donaldson Joaquin Hicks

    Bill Mason Judge Dan Gaul

    REPORTER L ACKED THE CHARACTER TO SPEAK UP!

  • Stan Donaldson is in need of a visit from theDrop Squad, said media and government criticJon Davis. Hes trying to portray himself assomething hes not. No brother should have donewhat that Uncle Tom did to another brother.

    Eighth District Court of Appeals records fromthe State v. Hicks trial provides insight as to whyDonaldson may have been so stuck on making theinnocent American look guilty.

    No matter how many ways the story is told,Jeremy Pechanec was murdered and Jorey Ableywas shot in the back of the head over marijuana weed. Donaldson, a Plain Dealer reporter, washanging out with his sister and friends who werecelebrating Chauna Whitlows birthday and whohad been drinking and getting high. Donaldsoneven invited his boy, former WOIO-TV19reporter Myrt Price, along for the fun.

    Pechanec was low on weed and wanted moreafter he and a guy named DaQuan had goneoutside Scorchers to smoke his last joint.DaQuan said he could get Pechanac a quarterounce for $200 and the victim went outside withhis friend Aebly to get $260 out of the ATM so hecould buy weed from DaQuan and continuebuying drinks with Donaldson, his sister andfriends at Scorchers.

    DaQuan said he would arrange the deal, butinstead set up Pechanec to be robbed byCornelius King, Perry King and Reginald Day.Cornelius testified that he called his youngerbrother, Ralfael King, 17, to come downtown andbring his gun. It was Ralfael, not Hicks, whomurdered Pechanec and put a bullet in the back ofAeblys head. God spared Aeblys life.

    The only connection to Hicks was thatCleveland detectives Ignatius Nate Sowa andRaymond Diaz pieced together information fromOhio Department of Rehabilitation andCorrection records showing that the nameDaQuan could have sounded like Taa-Rhan,which is Hicks middle name. Theyd been toldthat DaQuan claimed to have just been releasedfrom prison.

    Appellate records show that none of thewitnesses was uncertain that the man whodarranged the weed deal with Pechanec, and whohad been drinking with them, was named DaQuanand not Taa-Rhan; but that didnt matter toMason, the detectives and Donaldson.

    Sowa and Diaz showed Donaldson Hickspictures and the Plain Dealer reporter positivelyidentified him as the man he claimed to haveasked to leave, but his identification didnt holdup. In a live line-up Donaldson identified anotherman as being DaQuan, not Hicks.

    Donaldson identified DaQuan as havingpockmarks or bumps around his nose and havinghair on his head. Hicks prisoner release photo,taken two days before the shooting, showed himas being smooth-skinned, bald and with a shortand groomed beard, not a long un-groomed beard.Even Diaz and Sowa had to admit that Hickssmooth skin wasnt consistent with thedescription of DaQuan.

    More to the point, Hicks had 11 witnessestestify to welcoming him home and partying withhim the night Pechanac was murdered and Aeblyshot. Hed been in prison for 10 years and hismother had died while he was on the inside,

    leaving him with a $22,000 life insurance policy.Hicks testified that he was with a female friendthat night, making love and that hed never beento Scorchers.

    Jacquelyn Mancuso, a Scorchers server,testified that DaQuan was a regular hustler whohung out around the place sponging offcustomers. Hicks 10 year stay in prison up untiltwo days before the homicide and shooting madeit impossible for him to have been the regularDonaldson identified.

    Mancuso said during the trial that Hicks wasnot the guy who arranged for the Kings and Dayto rob and murder one victim and to seriouslyinjure another. None of this mattered to Mason,the detectives or Donaldson.

    The conduct of Masons prosecutor at trial wasa reminder of why its good hes now gone. Italso shows why the Plain Dealers Donaldson cannever be viewed as a real brother or trusted...ever.

    Masons office made it a point to disqualifyAfrican American jurors so as to guarantee thathis wrongful prosecution of Hicks would beheard by a majority white jury that he couldmanipulate against the black defendant.

    Common Pleas Judge Daniel Gaul, aDemocrat, presided over the court in a mannerthat made it seem like Hicks was facing a lynchmob since the two victims were white and theperpetrators were all African American.

    Hicks was originally facing a death penaltysentence, not as the murderer, but as the guyaccused of arranging for Pechanec and Aebly tobe robed.

    Masons office charged Hicks with numerouscrimes he didnt commit. Hicks was chargedwith one count of aggravated murder and thenanother two counts of aggravated murder.

    He faced two counts of kidnapping and anothertwo counts of aggravated robbery. There wasanother count of attempted murder, includingfelony murder with a firearm specification. Totop it off Mason got the grand jury to indict the

    innocent man for mass murder with addedspecifications for being a repeat offender.

    Donaldson knew this and didnt say or write aword about it. His silence is the reason manyolder African Americans believe hes not to betrusted.

    A real brother would have been outragedwhen he saw how Gaul and Mason weretrampling all over Hicks civil rights, Davis said.Donaldson had the power of the pen and wantsto be a lawyer. A black man with any sense ofracial sensitivity would have said something.That Tom Donaldson said nothing.

    The Plain Dealer covered the story but didntidentify Donaldson as the states main witnessuntil reporter Patrick ODonnell named him in anarticle he wrote about the state overturning Hicksconviction. ODonnell wrote that Donaldsonrefused to discuss details of the case with thenewspaper that employed him. Something abouthis article seemed to express a sense of his ownindignation when he highlighted a piece of his co-workers testimony. It reads as follows.

    Donaldson testified he told police in Augustthat the man with Pechanec had scruffy facialhair and short hair that had stuck out from undera skull cap, along with bumps or a scars on hisnose - as if he had been punched in the face.

    I will never forget that face, Donaldson saidin a statement to police, at the time he pickedHicks from a set of photos.

    In picking a different person from the lineup amonth later, Donaldson said he took 20 to 30minutes to make that choice.

    Almost a year had passed, he said. It hadbeen some time. I was a little nervous.

    He said he focused mainly on facial hair andthe nose in making his pick.

    Defense lawyer John Paris had Hicks stand upand pressed Donaldson to point out the nosebumps. Donaldson said he could not see any andthat Hicks may have healed.

    Donaldson colleague Phillip Morris, a Negroreporter Cleveland Challenger publisher EricBrewer once called Brent Larkins paid coon,wrote a gushy black apology to his whitereaders about Aebly without ever mentioning hiscolleague or the injustice that he was helpingMason perpetrate against Hicks.

    Donaldson is upset at being exposed by theTattler in its previous editions. Like other PlainDealer reporters, he thinks Brewer is behind thenewsletter and has been calling around towntelling people hes going to sue the ClevelandChallenger publisher for Clyde Clodhoppercalling him an Uncle Tom.

    Brewer, who has visited the real Uncle Tomssettlement the runaway slave created for otherrunaways in North Buxton Canada, laughed.

    The kid probably feels guilty beyond allcomprehension. Bibically, I imagine its howJudas must have felt as Stan dreaded the day hemight have to defend his cowardice, Brewersaid. The only question I raise is why the PlainDealers editors still view him as a trustedreporter when its obvious his recollection offacts leaves much to be desired. If Stan cant betrusted to identify the right man in a murder trial,how can he be trusted to ensure the accuracy ofinformation in the articles he writes?

    EAST CLEVELAND EAST CLEVELAND EAST CLEVELAND EAST CLEVELAND EAST CLEVELAND TATATATATATTLER,TTLER,TTLER,TTLER,TTLER, NO NO NO NO NO..... 32, 32, 32, 32, 32, JANU JANU JANU JANU JANUARARARARARY 2013 Y 2013 Y 2013 Y 2013 Y 2013 THE NEWSLETTER FEARED BY THE NEWSLETTER FEARED BY THE NEWSLETTER FEARED BY THE NEWSLETTER FEARED BY THE NEWSLETTER FEARED BY THE PLAIN DEALERTHE PLAIN DEALERTHE PLAIN DEALERTHE PLAIN DEALERTHE PLAIN DEALER

    Donaldsons friends were drinking and getting high before the murder

    Jeremy Pechanec was murdered by Ralfael Kingbut Cleveland detectives Ray Diaz and NateSowa made information that didnt fit connectthe dots to Joaquin Hicks. Every case theyveinvestigated demands a re-investigation.

    Jeremy Pechanec

    Ralfael King

    Det. Ray Diaz

    Det. Nate Sowa