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Scott outlines suit against city
By FRANK LEWIS, PDT Staff Writer
May 22-08

Portsmouth businessman Edward L. (Lee) Scott has filed a lawsuit in Scioto County Common Pleas Court for alleged harassment against Portsmouth Police Chief Charles H. Horner, both as an individual, and in his capacity as chief.

The suit apparently stems from an incident on May 14, in which officers from the Portsmouth Police and Fire departments, as well as agents from the Bureau of Alcohol, Firearms and Explosives, seized a truck owned by Scott, in the vicinity of Fourth and Market streets, in search of drugs.

Police say during the search, they found parts of a cigarette believed to be marijuana, two packs of rolling papers and a green leafy substance also believed to be marijuana.

Scott is asking compensatory damages in excess of $25,000, punitive damages in Horner's individual capacity in excess of $25,000, special damages in excess of $25,000 and asks the court to grant an injunction against Horner.
In the suit, filed by attorney James Banks, Scott cites several other incidents he says demonstrate a pattern of possible harassment.

In Part 16 of that suit, Scott claims, "Said wrongful acts and/or conduct by defendants were performed knowingly, wantonly, willfully, recklessly and/or intentionally and with the sole motivation therefore being retaliatory intent and/or intent to preclude plaintiff from the exercise of his First Amendment and/or Constitutional and legal rights."

In Part 17, the suit continues, "As a direct and proximate results of the wrongful acts and conduct and/or failures to act of defendants, plaintiff has suffered severe and intense emotional and physical distress, mental anguish, humiliation, embarrassment and great loss of reputation and standing in the community; further, he has been forced to defend frivolous charges and has and will continue to legal fees and expenses to seek vindication of his legal rights."

In the lawsuit, Scott says on the day in question, he (Scott) attended a police auction where he purchased two vehicles and some other items. Scott said his son assisted him in driving the vehicles home and later returned to the auction site to pick up Scott's truck.

Scott said in the suit it was at that time two Portsmouth Police detectives approached him and his truck, and asked him if he had made threats against Horner, and Scott denied making the threats.

The suit goes on to say, "One of the detectives then claimed that he smelled marijuana on plaintiff (Scott) and informed him that he (plaintiff) could not drive the truck home."

In the wording of the lawsuit, Scott said he left his truck - which he said by that time had been sitting on the auction lot, unlocked, for about six to seven hours - and went home with his son.

"When plaintiff returned later to retrieve his vehicle defendant Chief Horner, the City Fire Department and ATF officers were present. Chief Horner informed plaintiff that the officers were waiting for a search warrant to search plaintiff's vehicle," Scott said in the lawsuit.

The suit went on to say the vehicle was searched, towed and thereafter released to the plaintiff, and the vehicle was scratched in the search.

The suit also references other incidents, including one in June 2004, in which Scott participated in the circulation of petitions for the recall of then-mayor Greg Bauer.

Scott alleges Horner requested him to continue to collect the signatures and, "repeatedly met with plaintiff to assure compliance; further, defendant Horner demanded preliminary review of the petitions so that he could copy them to ensure proper submission of same."

Scott goes on to say in late 2004, Horner instructed him (Scott) to deny his (Horner's) participation in the recall of Bauer, and when Scott spoke out about Horner's alleged participation, Horner told Scott he would "deal with (Scott) later."

The suit also mentions a parking ticket incident in 2005, which was dismissed by Portsmouth Municipal Court, but Scott said Horner took the case to the prosecutor, who was able to have the charges reinstated and heard by another judge.

The suit also claims Horner made a threat to Scott's wife in 2006, in which he says Horner told her he could arrest Lee Scott for what he was saying about him (Horner) on the Internet.

Scott said incidents continued in his business, the Columbia Music Hall, which burned down in November 2007.

Scott said prior to the opening, the building was approved with an occupancy permit of 2,028 people, but when he received the permit in 2007, it was approved only for 900 people. He said when he went to the city building to complain, Horner had him (Scott) removed by two detectives.

Scott said after that, Horner frequently came to the business to "look around," and to intimidate him and his patrons.

The suit also charges in October 2007, an on-duty Portsmouth police officer approached one of Scott's neighboring businesses and inquired as to whether Scott had decided to pay what the suit calls "protection money," to the police.

Scott said when a negative response was received, the officer followed his (Scott's) son from the business, and demanded his son's driver's license and registration. He said after his son produced the required documents, the officer told him he could not tell if the documents were real, so he charged him with having no operator's license and no insurance.

In November 2007, Scott said during the remodeling at his theater after the fire, requiring the use of a temporary Dumpster, he obtained a requisite permit from the city and was advised he could pick up the physical permit the next day.

Scott said despite Horner being aware of the arrangement, Horner appeared at Scott's business and instructed an officer to cite him for having a Dumpster without a permit.

Sometime around May 5, Scott said he met with Mayor Jim Kalb and others to request permits to rebuild parts of his business that had been damaged by the fire.

Scott said that evening, he posted on the Internet the city had agreed to work with him on his project restoring his business, a project to which he said Horner was opposed. It was nine days later Scott's truck was searched and transported, resulting in the drug charge.

The suit contends, "Said wrongful acts and conduct as alleged in the foregoing paragraphs of this complaint were performed under the direction and approval of the defendants, acting in furtherance of each defendant's individual interests and/or acting in furtherance of the business interest of the defendants jointly and/or severally."

The suit was filed by Banks on Monday.

FRANK LEWIS can be reached at (740) 353-3101, ext. 232.

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Police chief issues reply to allegations
PDT Staff Report
5-22-08

Portsmouth Police Chief Charles Horner said the combination of what he considered a personal threat by Portsmouth businessman Lee Scott, and a lawsuit filed by Scott against him as chief, has prompted him to issue a public statement.

"I would like to begin by saying it has been my position that I will not comment on pending litigation. However, I believe circumstances warrant the release of the following information because of the half-truths, mis-truths and lies being released concerning the pending lawsuit filed by Lee Scott," Horner said.

"In an effort to provide the truth concerning the events of March 14 involving a vehicle purchased by Scott, operated by Lee Scott, however not registered to Lee Scott, I would like to provide the following information," Horner said.

"On Wednesday, March 14, I received information from two reliable upstanding citizens that, on Monday, March 12, Lee Scott stated to the citizens that he was going to either "burn him up" or burn him out", referring to me," Horner said.

"Having knowledge of Lee Scott, a convicted felon with a very lengthy arrest record, and his past conduct, I took and am taking the threat seriously," the chief said.

"I had contact with the Portsmouth city solicitor and Prosecutor Mark Kuhn concerning the threat, which I believe to be part of an ongoing pattern of conduct of intimidation by Lee Scott. I was directed to attempt to locate Mr. Scott and determine if Scott admitted to the threat. I contacted Lt. Lynn Brewer and directed him to do the same," Horner said.

Later on the afternoon of March 14, Lee Scott's Chevy Avalanche was located in the 300 block of Market Street and Lee Scott was not present, Horner said.

Lt. Brewer and Sgt. James Charles of the Portsmouth Police Department remained with the vehicle in the hope Scott would return to the vehicle. Scott later returned to the vehicle and was approached by officers, Horner said.

"When questioned, Scott denied making that threat against me," he said.

Officers said they smelled a strong odor of marijuana about Scott's person. Scott admitted to officers that he had "smoked one" on the way into town from West Portsmouth according to Horner's statement.

Officers indicated Scott, in their opinion, obviously was under the influence of drugs and/or alcohol. They advised Scott they could not let him drive. Scott left the area in the truck he had arrived in with his son.

"Based on the odor of marijuana, the admission by Scott that he had just 'smoked one,' the obvious physical condition of Scott, and previous intelligence that Lee Scott regularly smokes marijuana and has controlled the Chevy Avalanche, the Portsmouth K-9 Unit checked the exterior of the vehicle for the presence of drugs of abuse," Horner said.

The K-9 Unit alerted to the presence of drugs in or on the vehicle.

Scott returned to the location. He was advised "we were going to attempt to obtain a search warrant to search the vehicle. The Canine Unit and I asked Lee Scott for the keys to the vehicle to prevent any damage to the vehicle by forced entry. Scott refused and said we were responsible for the damage. He then left the area," Horner said.

Lt. Brewer and Sgt. Charles left the scene and obtained a search warrant for the search of the car. While Brewer and Charles were gone, Lee Scott returned, the statement said.

"During the period while the search warrant was being obtained and in what appeared to be an obvious attempt to intimidate officers on the scene, known associates of Lee Scott began to arrive, numbering approximately 15." Horner said.

While waiting for the search warrant, "Lee Scott engaged in numerous verbal outbursts. Lee Scott unlocked the vehicle via a remote control and even started the vehicle, letting it run for a period of time and then turning it off," Horner said.

"Associates of Scott's began videotaping and photographing officers. Scott informed officers at one point that the truck wasn't his. After the search warrant was obtained and prior to the vehicle being towed, Lee Scott gave the keys to the vehicle to his brother John, who gave them to the officers," the statement said.

"As a result of the less than friendly environment, the vehicle was towed to the interior of a building, once the search warrant was obtained. Officers were extremely careful as to not damage the vehicle. Officers found and recovered what appeared to be marijuana residue and drug paraphernalia. The vehicle was later returned and released," Horner said.

"The situation which occurred on May 14 was a classic example of the ongoing efforts of a small group of individuals who continue to intimidate and attempt to influence the conduct of law enforcement," Horner said.

"It is my opinion the ongoing pattern of conduct of these associated individuals include: intimidation of public officials and prominent citizens, intimidation of witnesses in criminal cases, harassment and intimidation of said individuals via the use of the internet, attempting to influence the policies of government, attempting to and influencing the outcome of political elections, interfering and attempting to influence the outcome of criminal investigations, forging signatures on recall petitions, among others," Horner said.

This association of individuals, in a variety of mutated forms, has been in existence since approximately 2002, and includes several known convicted criminals, with several of the group charged since 2002, according to Horner.

Charges against members of the group include offenses relating to the forging of signatures on recall petitions, tampering with evidence, theft, received stolen property and drug trafficking. Of special concern is the known association, either directly or indirectly, of several individuals with known convicted felons and potentially those with anti-religion, anti-government, anti-American, and/or anti-nuclear interests, which may be affiliated with the uranium enrichment plant," Horner said.

"It is my opinion the conduct of this group parallels in part, the conduct of disbarred attorney Elsebeth Baumgartner of Cuyahoga County, Ohio, now facing an eight year sentence for similar conduct," Horner said.

"I would like to take the opportunity to assure the citizens of Portsmouth that the Portsmouth Police Department will continue to investigate crime, including arson, in spite of the efforts of this group of individuals.

"I would encourage any citizen with information on any crimes to contact the Portsmouth Police Department at (740) 354-1600. I would also encourage anyone who has been victimized by this group to contact me at the Portsmouth Police Department at (740) 354-5268," the chief said.

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Effective immediately,
 
Chief Charles Horner of the Portsmouth Police department has been placed on administrative leave with pay pending on investigations into allegations of misconduct.

Captain David Thoroughman has been appointed interim police chief during the course of this investigation.

The Portsmouth City Police Department will continue to serve the interest of the community during the course of this period of transition. No further comment will be made during the course of this investigation.

From the office of James D. Kalb
Mayor City of Portsmouth

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