Trumble v. Stano, 819230

• Decision Date: 24 November 1965
• Docket Number: No. 819230,819230
• Citation: 216 N.E.2d 407,8 Ohio Misc. 69
• Parties: , 35 O.O.2d 37 Howard H. TRUMBLE et al., Plaintiffs, v. Jerome STANO et al., Defendants.
• Court: Ohio Court of Common Pleas

Page 69

8 Ohio Misc. 69

216 N.E.2d 407, 35 O.O.2d 37

Howard H. TRUMBLE et al., Plaintiffs, v. Jerome STANO et al., Defendants.

No. 819230.

Court of Common Pleas of Ohio, Cuyahoga County.

Nov. 24, 1965.

Joseph J. Berdis and John Petruska, Parma, for plaintiffs.

Charles T. Wochna and John F. Sands, Cleveland, for Jerome Stano.

John T. Corrigan, County Prosecutor, by John L. Dowling, Asst. County Prosecutor, Cuyahoga County, Cleveland, for Board of Elections.

THOMAS, Judge.

I think by now there has been sufficient discussion of the statute (R.C. 3517.13) that we are dealing with here for everyone to know the basis upon which this hearing has to proceed. By now I think that it must be understood that to transmit the present record in this present matter to the Prosecutor and the Grand Jury this Court must find that the statement of expenditures filed by Jerome Stano with the Board of Elections is false or made with a wilful intent to defeat certain sections of the Election Code.

These sections relate principally to the listing of legitimate expenses and to the required filing of written statements of expenditures.

A false statement of expenditure is one which is intentionally stated to be true but which is not true, or a statement which is made with an intent to wilfully violate the law.

In short, then, the evidence before this Court must be appraised to determine if it is probable that Jerome Stano filed a statement with the Board of Elections which he intentionally knew to be untrue and made with an intent to wilfully violate the law.

First, what about the advertisement in the St. Charles Elementary School band and orchestra pamphlet?

Giving this ad its reasonable meaning, it undoubtedly served a dual purpose. It sought to promote State Road Beverage and it also sought to promote the candidacy of Jerome Stano, a candidate for council in Ward Two.

Undoubtedly, from the evidence, it appears that he sought to treat this page ad costing $50 as a business expenditure. He sought to have State Road Beverage in effect pick up the check for this ad, but at the same time derive benefit from it as a candidate.

The transcript undoubtedly supported the Board in its conclusion that: 'The cost of this ad was paid for by the State Road Beverage store funds which in the Board's opinion was indistinguishable from Mr. Stano's funds.'

The Board on its own acted to require Mr. Stano to file an amended statement. He has done so, but I am required to go further here to see whether nevertheless in the original statement he has violated the election laws by failing to originally report this act.

I am forced, of course, to read the evidence, not only in its expressed form but in terms of what inferences I may draw from it. The particular thing that immediately strikes me is that this ad was there for everyone to see. There was no concealment. Stano obviously was mentioning his name all over the place. It is in the upper part of the ad and it is certainly in the lower half of the ad. Because of that I have concluded that this ad shows no concealment. Only if there was concealment of this obvious effort to use his business for his political promotion would I find and could I find, as I see it, that there was any intent to violate the election laws by the statement that he filed.

I think clearly he was trying to use this business for his own purposes in running for office. But I don't think that it follows that he was trying to conceal from the Board of Elections the expenditure of funds for political purposes.

The Prosecutor here suggests that Stano is not shown to have had any previous experience in running for office, or for that matter, I think it could be added in reporting his expenditures or in carefully drawing the line between business expenditures or political expenditures.

It is manifest that he is now educated and because of the nature of the business that he is in it is particularly necessary that in the future he completely divorce this business from any political promotion. Surely any future effort on his part to try to combine a political and business purpose would have to be read in light of the experience which grows out of this proceeding.

Now, then we move on to the advance payment of $200 to Action Advertising.

It is true, as is suggested here, that a practice of loaning money to a campaign committee by a candidate might lead to a contravention and a defeat of the purpose of the election laws. If a loan was not recorded, or if a repayment of money is not recorded, it might certainly in some cases throw doubt on whether or not there is a full public record of all receipts and expenditures.

Each case necessarily must be viewed in light of the circumstances of the case at...