MARION, Ohio — Defense attorney Atty. Spitzer is questioning the impartiality of the prosecutor’s office handling the case against his client, raising concerns about what he calls a “fundamental conflict of interest.”
“What makes this time different for Mr. Grogan is that his chief assistant prosecutor was with the defendant the night of the alleged incident and the next morning,” Spitzer told ABC 6. “That makes his assistant a necessary material witness. He can’t cross-examine his own assistant prosecutor.”
Spitzer, representing the defendant, shared a series of text messages between his client and the alleged victim with ABC 6, which he said support his argument that the encounter in question was consensual.
In one exchange, the alleged victim texted the defendant, “What time do you think you’ll be here so I can be upstairs for you.”
Following the encounter, the woman sent another message expressing that she felt “confused and used,” while the defendant replied that he “would never do anything to intentionally hurt” her and that he loved her. The two exchanged further messages affirming affection for one another.
Spitzer said he provided the messages to highlight what he described as inconsistencies in the case and to advocate transparency. “There is justice in the truth, not in an overly ambitious prosecutor that seemingly ignores the truth and, more worrisome, his professional obligations that make this profession so great,” he said.
Marion Police Chief and Ohio Fraternal Order of Police President Jay McDonald was not available for comment Wednesday but indicated he believes the prosecutor’s office can conduct a fair investigation.
Damron is scheduled to appear in court Friday, though a continuance in the case is expected.
