Judge orders hearing on special prosecutor replacement

LOGAN — The judge appointed to hear the criminal case of a former Hocking County Sheriff’s deputy has set a hearing in the case, to consider motions by the county prosecutor to replace the special prosecutors from the Ohio Attorney General’s office who are currently handling the matter for the state.

Meanwhile, information has surfaced that, if true, suggests the candidate being proposed as the new special prosecutor — current Vinton County prosecutor William L. Archer, Jr. — could face a serious conflict of interest if he were to take the job.

Caleb Moritz, who resigned as chief deputy in April 2023, was indicted four months later on charges of grand theft, intimidation of an attorney, victim or witness in a criminal case. Then in April of this year a superseding indictment was filed against him, adding charges of corrupting another with drugs, evidence tampering, unlawful transactions in weapons, forgery and theft.

The prosecution of the case, which is currently set for trial in August, has been assigned to Cynthia Ellison and Brad Tammaro of the Ohio Attorney General’s office. On June 27, however, Hocking County Prosecutor Jennifer Graham — who took over the job after Prosecutor Ryan Black resigned in the wake of a sex discrimination lawsuit filed by two of his former employees — filed motions seeking to terminate Ellison and Tammaro as special prosecutors on the case, and to appoint Archer in their place.

Judge Randy Deering, who has been appointed to hear the case, has set a hearing for July 26 to consider the motions. In the meantime, the attempt to install Archer as special prosecutor has apparently prompted the resignation of an assistant prosecutor in Archer’s Vinton County office, who as a parting shot has raised questions about the ethical propriety of Archer’s serving as prosecutor on the Moritz case.

Alisa Turner had previously worked in the Hocking County Prosecutor’s office before taking a job with Archer’s office, and was one of the candidates who ran against Graham for the local prosecutor’s job in the March Republican primary. On July 1, she submitted a resignation letter to Archer, outlining some of her concerns. The letter, which Turner has reportedly shared with a few individuals, has reportedly been posted on social media outlets, and the Logan Daily News has obtained a copy. Contacted this week by the newspaper, Turner indicated that she did not wish to comment on the contents of the letter while the issue is still alive in the court.

In the letter, Turner reminds Archer that when she interviewed for a job with his office in April, he told her that he was a personal friend of Moritz’s, “but you assured me that you did not intend to interfere in his criminal matter in Hocking County.” She goes on to say that she considers Archer’s recent conduct in connection with the case to violate the terms of her employment agreement, and that she is viewing it as a termination of that employment.

Turner then, in no uncertain terms, lays out the basis for her concerns in connection with the Moritz case. Even if Archer believes Moritz to be completely innocent, she states, “you must know that inserting yourself into his case is a black and white violation of the rules of professional conduct regarding conflicts.”

She also alleges that Archer has stated that he wants to hire Moritz, and that he “need(s) the felony case out of the way so you can hire him,” adding in a tone of amazement, “In what world can a friend/expectant employer of the defendant ethically petition the court to be appointed as special prosecutor in the case?”

The Logan Daily News has sought response from both Graham and Archer on the issue, but neither had provided comment as of the paper’s press time Friday.

Steve Irwin, press secretary for the Ohio Attorney General’s office, told The Logan Daily News Wednesday that prior to the July 26 hearing the AG will file a brief in the Moritz case addressing the special prosecutor issue, but has no comment on it at this time.

Contacted Friday, Moritz’s defense attorney Paul Scarsella said he has no plans to weigh in on the issue with the court, though that could change. “I have not seen the state’s response yet, so depending on what it says, I may have a different take,” Scarsella told The Logan Daily News. “But at this point in time I don’t necessarily have a dog in that fight.”

Email at jphillips@logandaily.com