“Hell, No”
The Ohio Supreme Court sanctioned a former prosecutor by imposing an indefinite suspension with no credit for time served
Bell was hired by the Cuyahoga County Prosecutor’s Office in February 2020. He served as an assistant prosecutor assigned to the child-support unit of the juvenile division. While at work on July 30, 2021, Bell visited a website on his personal phone that listed profiles of sex workers. At 10:27 a.m. that day, Bell sent a text message to a phone number that he had obtained from a profile on that website. He believed that he was texting a female sex worker, but he was actually texting an undercover officer with the Mahoning Valley Human Trafficking Task Force.
In the course of that text-message exchange, the undercover officer asked Bell his age and race and told Bell, “[I’]m alot younger than you.” (Spelling sic.) Bell responded with texts asking, “How young[?]” and added, “If I’m too old I understand.” The undercover officer replied, “I[’]m 15,” to which Bell responded, “You’re a little too young.” When the undercover officer protested, Bell responded, “15 isn’t even legal.” Bell also stated, “I don’t want to be [a jerk] but when someone that young is involved in this kinda thing I worry they are being forced against their will.” The undercover officer replied, “Hell no.”
At that point, Bell responded, “Okay[.] You sure you aren’t looking for someone closer to your age[?]” Then he asked, “How much[?]” The undercover officer responded, “[D]epends [on] wat u want daddy.” (Spelling sic.) Bell requested an hour of “[h]alf and half,” and when prompted by the undercover officer, Bell explained that that meant “Bj and sex.” The undercover officer quoted a price of $80 and asked, “[C]ool? [T]ime?” Bell replied, “Yeah. Depends where are you[?]” The undercover officer told him, “[C]anfield.” Bell responded, “Hmm wouldn’t likely be able to get there till after 6.” The undercover officer replied, “[T]hat’s cool jus [sic] [hit me up] around then then.” Although Bell continued texting the undercover officer after he left work, he did not follow through with the meeting.
On August 5, 2021, the undercover officer text-messaged Bell again and sent him a photo of a clothed female. Bell replied with a photo of himself with his dog. Bell told the undercover officer that since she was 15, she was too young for him to do anything with “besides talk.” The conversation ended without any plans to meet. That was the last conversation between Bell and the undercover officer.
He was arrested in his office
He pleaded guilty to an amended count of unlawful use of a telecommunication device in violation of R.C. 2913.06(A), also a fifth-degree felony, and he was sentenced to one year of community control. As a condition of that sentence, he was ordered to continue participating in counseling and taking all medications as prescribed.
Sanction
Our caselaw holds that lawyers who attempt to engage in sexual activity with children should receive indefinite suspensions and should not be credited with time they were suspended from the practice of law during an interim felony suspension.
Notably
Bell was an assistant prosecutor in the juvenile division of the Cuyahoga County Prosecutor’s Office. His job was to protect children; instead, while on the job, he negotiated a price to victimize one. Bell’s employment as a prosecutor means that “he was a person ‘invested with the public trust,’ ”
…We cannot be sure that Bell’s activity was a “one-time, never-to-berepeated mistake.” Bell negotiated a price for sex on July 30, 2021. He did not follow through with that agreement. But on August 5, when contacted by the officer posing as an underage girl, he engaged in another text conversation. Despite having been given the chance to reflect on his actions, Bell continued to interact with the “girl” when she contacted him. Given that he engaged in the solicitation of sex with a person whom he believed to have been underage while simultaneously representing the public on juvenile issues, his lapse in judgment was especially profound. And like other lawyers who have attempted to engage in sex with children, Bell should not receive credit for time served while he was suspended from the practice of law during an interim felony suspension.
(Mike Frisch)