The January 14, 2008, decision of the Sixth Circuit federal court of appeals reminds us of the cost to the taxpayers from the error our court made in the Anthony Harris case. It is sad that our court could not reach the right decision at the beginning. The wrong decisions are too expensive for our tax dollars.

On the evening of June 27, 1998, I heard the announcement on the radio about the call for volunteers to look for the missing five-year-old Devan Duniver. I reported to the New Philadelphia VFW and I was dispatched to Tuscora Park to look for Devan. There were so many volunteers that they didn't need any more to look in the area around Devan's home.

No luck. Neither I nor any of the other volunteers found Devan that evening. Two trained search dogs, on separate occasions, traced Devan's scent to a garage door near the home of a recently released child molester. Police did not apply for a search warrant for this garage. Not until approximately 2:30 p.m. the following day did Marsha Cross, an off-duty EMT, find Devan's body in the woods located behind the apartment complex where Devan lived. A large plastic bag was lying near her dead body. The body had obviously been moved to this location after the massive search subsided. A forensic pathologist confirmed that the body had been moved. Police did not interview the volunteers who had searched the area the night before.

Instead, police brought in a trained interrogator to question twelve-year-old African American Anthony Harris. Harris had no record of any trouble with the law. He was a good student. His teachers described him as one of the nicest students they ever had. The police used deception to separate Anthony Harris from his mother, falsely stating that they would use a voice stress analyzer. The interrogator never used such an analyzer. Instead, with Anthony's mother out of the room, the interrogator used aggressive techniques to pressure Anthony into thinking that if he confessed to the murder he would get special treatment, and if he did not, he would be severely punished. Despite the pressure, Anthony denied having anything to do with Devan's murder, eleven times. Despite the complete lack of any physical evidence to suggest that Anthony had anything to do with this murder, the police ignored his repeated denials. Police suggested that Anthony might be angry, like other Black men, because of slavery. After over an hour of intense interrogation, Anthony was in tears and started to say and repeat whatever the interrogator asked.

No physical evidence linked Anthony Harris to this crime. Police tested the clothing Anthony Harris was wearing, and found no evidence of Devan's blood. Police discovered that Anthony Harris had alibis for the time when Devan Dunniver disappeared. Police never searched the garage that had Devan's scent, and they abandoned the convicted child molester as a suspect.

After unsuccessfully pressuring Anthony Harris to admit his guilt, Judge Kate found him guilty based solely on the police interview, without any supporting physical evidence. Anthony Harris was detained for two years before the Court of Appeals ruled that the interrogation was unconstitutional and noted the lack of corroborating evidence. Click here to read the Court of Appeals decision.

As a result of the rush to judgment without evidence, and the use of the coerced statement without supporting facts, Anthony Harris successfully sued the City of New Philadelphia and the Village of Millersburg for his wrongful prosecution and detention. A federal judge held that Anthony Harris stated a valid claim against New Philadelphia, Millersburg, and the police officials. They have since entered into a settlement with Anthony Harris that is now kept secret from the public. New Philadelphia now pays more for insurance. Anthony Harris' claims against Tuscarawas County are pending in a federal court. On January 14, 2008, the federal Sixth Circuit Court of Appeals reviewed the evidence available to the prosecution at the time of Anthony Harris' arrest. It concluded that under the standards applicable to the case at this stage, "a reasonable official . . . would not have concluded that there was probable cause to arrest Harris for Devan’s murder." Page 10 of the slip opinion. Click here to read the January 14, 2008, decision of the Sixth Circuit.

Judge Kate’s errors in failing to recognize the violations of the Constitution, and in joining the rush for judgment without evidence, have been grave injustices to our community. These mistakes have cost the taxpayers untold financial sums. Even worse, Devan Duniver's murder remains unsolved.

The Anthony Harris case highlights the need for an impartial and independent judge who will follow the law, get to the bottom of the facts, and make fair decisions that hold everyone accountable. Otherwise, the innocent are unfairly punished and the guilty go free.

Why should I vote for Richard Renner on March 4th?

"I am devoted to the safety of our working families. Together, we can make our communities safer and our families stronger. I value the safety, security and pride we have in our neighborhoods. As Probate and Juvenile Court Judge, I will bring equal justice to Tuscarawas County."

- Richard Renner