New court battle over man wrongfully convicted: I-Team

CLEVELAND (WJW) – The FOX 8 I-Team has uncovered a firestorm over a man wrongfully convicted of murder.

The City of Cleveland just asked a court to throw out his federal lawsuit, arguing he does not deserve any city tax dollars.

A court declared Ru-El Sailor wrongfully convicted, but now the City of Cleveland calls him a chronic liar who has played the system.

The city wants a judge to dismiss a lawsuit filed by Sailor against the police.

Late Thursday, we reached him by phone.

“They’re saying you’ve lied for so long in so many ways they can’t straighten it out,” the I-Team said.

“It’s the same lie,” Sailor responded. “I didn’t put myself in prison. I didn’t arrest myself. I was never at the scene at all. They don’t want to pay me.”

Sailor spent 15 years in prison. Ultimately, he was cleared of murder, but he did admit to perjury, lying about his case. Still, a court declared him wrongfully convicted.

The city says it has new evidence showing Sailor does not deserve any money.

The city law department says it uncovered an elaborate scheme to tamper with witnesses and keep hiding the truth, and that involved prison phone calls.

“There’s only like, probably five people in this whole world I’ve been completely honest with about the situation,” Sailor said in one phone call.

The state already awarded Sailor more than $650,000 for wrongful conviction, but the law department says he doesn’t deserve a dime from the city, and fighting the lawsuit has already cost taxpayers.

“We’re going to do everything we can to make sure the truth comes out, and every penny taxpayers have lost is recovered,” said law director Mark Griffin

Now, Cuyahoga County Prosecutor Michael O Malley is opening a criminal investigation. He issued a statement:

“Our office is appalled to learn of the revelations disclosed in the City of Cleveland’s filing regarding the Ru-El Sailor case.

“ The conspiracy, fraud, and perjury outlined within the city’s filing uncovers the massive scale on which this fraud was committed by Ru-El Sailor in multiple courts. Based upon these disclosures, we have reason to suspect that attorney Kimberly Corral knew statements her client was providing were false. In addition, Kyle Swenson, now a reporter for The Washington Post, acted unethically by helping Ru-El Sailor to perpetuate this fraud by publishing a story he knew contained falsehoods.

“ The sad reality is the magnitude in which this type of large-scale conspiracy was committed is rarely uncovered and probably more common than we realize in wrongful conviction cases.

“ Unfortunately, the tragedy of this situation is — unquestionably — there are individuals who are wrongfully convicted within the criminal justice system. However, this case is proof that those with agendas are willing to manufacture these false claims. Ultimately, the people who suffer as a result of cases like this are the genuinely wrongfully convicted who rely on the system to assist them in their claims of actual innocence, and the taxpayers who are burdened with paying out large sums for this gross misconduct.

“ As a result of these revelations, my office plans on immediately launching a criminal investigation into the conspiracy and fraud committed against the State of Ohio, the City of Cleveland, and the citizens of Cuyahoga County.

“I want to personally thank Law Director Mark Griffin and the staff at the Cleveland Law Department who worked tenaciously to uncover this unprecedented misconduct.”

However, Attorney Kimberly Corral also released a statement:

“Ruel Sailor was convicted of a murder he did not commit, was not present for, and had nothing to do with. What Ruel sailor knew- that Cordell Hubbard commited the murder- and when he knew it was a topic discussed by all parties at the time of his exoneration. The negotiations around that fact were had in O’Malley’s office by and through then-Criminal Division Chief, Russel Tye and resulted in an agreement that Sailor be sentenced to ten years time served for perjury and obstruction of justice. The basis for that plea was discussed again in Judge McDonnell’s chambers with all parties present. In fact, Sailor’s knowledge and the timing of the knowledge, was addressed on the record by the judge at the time of his exoneration. Every media outlet in the city should have a video recording of that moment, for which O’Malley and his assistant prosecutors were present.

“ Michael O’Malley targets me in an effort to stain the reputation of my firm’s wrongful conviction work but his claims are refuted by the record. There were neither filings nor representations made by me, my office, nor the Ohio Innocence Project denying Sailor’s knowledge of Hubbard’s guilt. In fact, it was through our disclosure of that fact that a plea to perjury and obstruction of justice was obtained and Sailor’s murder conviction was vacated.

“ His office has overseen an abysmal record for defending the wrongdoing of prosecution and law enforcement. These efforts to impugn me offered him a distraction from that important dialogue but they are baseless. “

Sailor plans to keep fighting.

“I feel like I’m being oppressed all over again. I did 15 years for a crime I didn’t commit. They don t want to pay me,” he said.

A federal judge will rule on the city’s motion.

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