SANDUSKY COUNTY, Ohio — Sandusky County Court Judge Jon Ickes is facing a new allegation of judicial misconduct.
The Sixth District Court of Appeals reversed a conviction in a case he presided over because his stepson was a key witness and Ickes did not disclose that conflict of interest. That opinion was released by the court on Friday.
Nuts and Bolts of the Case
On Sept. 6, 2022, Curtis Elkins got into a bar fight at The Rojas Cantina in Sandusky County. According to his attorney, Elkins had a history with the victim dating back 15 years, and the incident was captured on the restaurant’s surveillance video.
But the video presented to the court didn’t tell the whole story, according to his attorney. For instance, there wasn’t an indication of what started the fight and what happened afterward. Elkins’ attorney says these small details contributed to Elkins ultimately facing a felonious assault charge rather than a misdemeanor assault charge.
Elkins would be arrested in December of 2022 after a five-hour stand-off with police in Tiffin.
Material Witness
At issue in the appeal was whether Fremont Police Department Detective Christian Ortalani was a material witness or central to the prosecution’s argument.
The prosecution argued he was not. The defense said he was.
According to the defense, Ortalani testified that the female victim was knocked unconscious, and after regaining consciousness she walked home and called the police. The responding officer allegedly said the victim would have to visit the emergency room for a more serious charge to be filed. At the hospital, the victim was treated for a fractured nose. Elkins and his defense team argued that the injury did not warrant a felonious assault charge.
11 Investigates reached out to the Fremont Police Department for comment. As of this writing, Fremont police have not responded.
“I would say the detective's testimony was material to the case and the court of appeals agreed with me,” Elkins' attorney Hank Schaeffer said.
Role of Judge Jon Ickes
Ickes sentenced Elkins to six to nine years at the Allen Correctional Institute after a jury found him guilty of felonious assault.
Ickes did not disclose that the lead detective in the case was his stepson.
According to the prosecution, it was well known in legal circles in Sandusky County that Ickes and Ortalani were related. The prosecution's argument is that Elkins and his legal team did not file an affidavit for disqualification. However, Elkins contends that neither he nor his legal team knew about the relationship until after the trial. In a separate case after his conviction, Elkins asked Ickes to recuse himself, which he did.
“In this county, there's not going to be a conflict with every case because that detective doesn't handle every case," Schaeffer said. "But it seems that there should have been some sort of acknowledgment that there was a conflict."
Sixth District Court of Appeals Ruling
The Sixth District Court of Appeals ruled in favor of Elkins – reversing his conviction and ordering him to be released from prison.
The opinion reads, in part:
"In determining whether purported judicial bias resulted in an unlawful sentence, we presume that a judge is unbiased and unprejudiced in the matters over which he or she presides [...] We further find an unconstitutional potential for bias, where, as here, the judge’s family member is a testifying officer and the judge does not inform the parties of the relationship during the pendency of the trial court case so that the issue of bias can be addressed."
The Sandusky County prosecutor can retry or drop the case. 11 Investigates requested comment from Sandusky County Prosecutor Beth Tischler, who declined comment.
According to Elkins and his legal team, they are preparing for new charges to be filed.
“I'm going to call it judicial impartiality here. The judge needs to be a fair umpire in the trial and in a position where he can call balls and strikes honestly as he or she sees them,” Schaeffer said. “And if there is even an appearance that they may be siding with one side over the other, it is inappropriate for that judge to try the case.”
Ohio Supreme Court Investigation
The Ohio Board of Professional Conduct is currently reviewing Ickes’ law license after receiving multiple sexual harassment complaints against him.
Among the allegations, Ickes is accused of fostering an inappropriate workplace by engaging in pranks and sexual innuendo with co-workers.
In one case, he allegedly grabbed a real gun while trying to shoot an employee with a Nerf gun. That case is currently pending before the Board.
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