City of Cleveland v. Rafter

Emanuella Groves, Judge.

{¶ 1} On August 12, 2003, defendant Mark Rafter filed a motion to dismiss based on selective prosecution. On August 18, 2003, the plaintiff filed a response in opposition to defendant’s motion to dismiss. On September 17, 2003, a hearing was held on the motion. During the hearing, very little testimony was produced; the hearing focused on the legal arguments. However, a Cleveland police officer stated that the delay in defendant’s prosecution was due to a felony investigation.

{¶ 2} The facts are uncontested. The defendant attended a Browns football game on September 8,…