A federal judge has denied Summit County Councilwoman Tamela Lee’s request that the federal bribery charges against her be dismissed.
Lee’s attorney had argued a dismissal was warranted based on an U.S. Supreme Court ruling in an unrelated bribery case.
U.S. District Court Judge Christopher Boyko, however, disagreed in a decision issued this week.
That means Lee’s latest trial date of Feb. 6 still stands, at least for now. Her trial, originally scheduled for February of this year, has been postponed four times at the request of one side or the other. In the meantime, Lee lost her bid to retain her County Council seat and will only hold it through the end of the year.
Federal authorities accuse Lee, 58, of Akron, of accepting small amounts of cash and goods in exchange for using her political influence to help a local family. She has denied any wrongdoing.
Timothy Ivey, Lee’s attorney with the federal public defender’s office, asked the court in August to dismiss the case in light of the Supreme Court’s decision in McDonnell V. United States.
The McDonnell case involves the conviction of former Virginia Gov. Bob McDonnell and his wife, Maureen O’Donnell, for accepting $175,000 in loans, gifts and other benefits from a Virginia businessman when McDonnell was governor. The Supreme Court vacated the former governor’s convictions, saying the jury instructions for what constitutes an “official act” were “erroneous.”
The Supreme Court said setting a meeting, hosting an event or calling another official isn’t enough to be considered an “official act.” The court said the public official “must make a decision or take an action on the question or matter, or agree to do so.”
In his motion to dismiss, Ivey argued the allegations against Lee were “fatally insufficient” to convict her.
“Ms. Lee was never in a position to either exert pressure or provide advice to any of the officials she made contact with,” he wrote.
Boyko, however, sided with federal prosecutors.
The federal indictment against Lee accuses her of attempting to influence whether a Summit County judge would render a favorable decision in two cases; an Akron prosecutor would file criminal charges; Summit County Children and Family Services properly removed two children from their homes; and the Ohio Liquor Control Commission would issue a liquor license to someone with drug and food stamp violations. Boyko said the prosecutors allege that Lee “promised to provide favorable action in exchange for things of value.” Boyko said it will be up to the jury to decide whether Lee “agreed to perform an ‘official act’ at the time of the alleged quid pro quo.”
Ivey couldn’t be reached for comment Tuesday.
Lee lost her District 5 council seat in a three-way Democratic primary in March to former assistant Akron prosecutor David Hamilton. Hamilton defeated Republican John Sans of Akron in the Nov. 8 election and will assume the seat Jan. 1.
District 5 covers Copley Township and Fairlawn and parts of Akron and Bath Township.
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj .