September 28, 2007

Jonathan E. Coughlan
Disciplinary Counsel
250 Civic Center Drive
Suite 325
Columbus, Ohio 43215-7411

Dear Jonathan E. Coughlan:

I am writing as the President of the Cincinnati Branch of the NAACP.  I am officially filing a complaint against Judge Ralph E. Winkler regarding his reckless conduct on September 27, 2007 regarding case # B079707127, the State of Ohio vs. Marc C. Frison.  My complaint is narrow in its charge. It is not related to the facts of this case but the BOND placed on Marc Frison the defendant. Marc Frison is an African-American man who is poor. The Cincinnati Branch of the NAACP has noticed a disturbing trend of very high bonds being placed on the poor and African-Americans by Judges in the Hamilton County Courts.  It is my understanding that a BOND is not to be used as a punishment. However, a BOND is used to ensure that the citizen returns back to court and/or is not a threat to our Hamilton County Community.

A $100,000 straight bond in this case is outrageous. It resulted in Mr. Frison being fired from his job. He will have served jail time from September 14, 2007 until October 23, 2007 which was the date established by Judge Ralph Winkler for his trial yesterday because Mr. Frison can not make bond. This entire case is related to Marc Frison forgetting that a small knife was in his book bag that he took through a security check and was arrested. He has been charged with knowingly conveyed, or attempted to convey, a deadly or dangerous ordnance, to witt: A KNIFE onto a courthouse, or into a building or structure in which a courtroom is located.

My complaint is focused on Judge Winkler’s decision to maintain/place a $100,000 straight bond on Marc Frison on September 27, 2007. Mr. Frison was initially extended a $5,000 bond by Judge Fanon Rucker on 8/7/2007. His family put their house up to secure the bond.  Mr. Frison returned back to court on 9/14/2007 and appeared before Magistrate Michael Bachman who raised his bond to $100,000 straight. Marc Frison told his public defender he did not want to use him as a lawyer. The lawyer did not accept this explanation and shared with the Magistrate that Marc Frison would not cooperate with him by giving his name and social security number. This so called lack of cooperation with the public defender being fired off the case spilled over to the Magistrate who then placed a $100,000 straight bond on Marc Frison. He was taken to jail. The Cincinnati Branch of the NAACP thought the bond by Magistrate Bachman was excessive and reckless. The NAACP responded by assisting Mr. Frison in obtaining an attorney by the name of Gregory Cohen. The NAACP did not think it was a good idea for Marc Frison to represent himself. The Cincinnati Branch understands all to well that unfortunately Justice is not free in America and the indigent are at a major disadvantage across this nation based on this type of behavior.

We need swift intervention on the BOND placed on Marc Frison and a serious reprimand of Judge Ralph Winkler for his abusive of power in this case. Congressman Conyers who is the Chairman of Judiciary Committee for the United States of America is the Cincinnati Branch’s NAACP keynote speaker October 5, 2007.  We will brief him on this case.  Thank you for your consideration.

Sincerely,

Christopher Smitherman

President of the Cincinnati Branch of the NAACP

cc:  Greg Cohen, Esq.
Chairman John Conyers
NAACP membership

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