The Observation Deck

At 10am today Lakewood Prosecutors announced that charges were filed in connection with the Warren Road rape that occurred in the early morning hours of August 31. James Daniel III has been charged with Aggravated Rape, Assault.



This is indeed welcome news as many people were still worried that Daniel might not have been the Lakewood rapist.

Good work Lakewood Police Department and Lakewood Prosecutor's office; send that bastard away forever!

Jim O'Bryan via Betsy Voinovich

I still can't help but wonder if perhaps the Edgewater incident wouldn't have occured if the police in Lakewood would have made the Lakewood rape public knowledge right after it happened. . . . . . .

Amy

We will never known, and I am sure it is a question that haunts law enforcement people, and
those at City Hall. It is very clear looking back that Lakewood Police, though they believed in
their hearts and hoped James Daniel III was their rapist, were never willing to say, yes we have him, or more importantly "BE SAFE."

Lakewood Police's caution in saying this was the person was well-founded, and in the end like
they so often do they got their MEN!

With that here is my short report...


Lakewood Police Chief starts the meeting.

At 10am Lakewood Police along with Cleveland Police and the Rape Task force gathered in the
basement of the Lakewood Police Department for a press conference everyone was hoping,
would be, "We have caught the rapist" but to imply that before the announcement would
have been idiotic and foolhardy, as the real story needs to be understood and processed.


"James Daniel III has been charged with rape AND burglary in connection with the violent
rape of a runner on Warren Road, and with a burglary on Marlowe earlier in the year. He
may be charged with other crimes in the coming days."


Cuyhaoga County Prosecutor Tom McGinty stepped up and went on to say...

"James Daniel III and his brother were a crime wave. Both have been implicated in various crimes around the west side including breaking and entering, assault and rape. In the search of the brother's home they found evidence linking them both to other crimes, including the Lakewood Marlowe break-in."

Prosecutor McGinty went on to explain that they had both Daniel brothers on video from the time they left the house on W.87, to the crime scenes and back. But it is a lot of work: collecting the videos, photos etc from the vast array of cameras around town, many privately owned.

He also went on to explain, that the "brother" could be seen driving a white Camero in
many of the videos, and "that we know for a fact he was not at home during the West 104th street rape, and his car can be seen driving through the video.

Chief Malley explained that the "Daniel Brothers" are well-known to Lakewood Police because of various arrests in the past, and both are being looked at for connections in other crimes.


Law Director Kevin Butler listens from the back of the room.

The Lakewood DNA was tough, finally being collected off the victims pants by the pocket,
but only after the victim had brought them in to the station. It was also mentioned that
both victims left town to get away from the stress. It was not clear if this delayed the
arrests or links to other crimes. It should be noted that as Tim McGinty and Chief Malley
commentd, a lot of evidence was collected and sorted through by Lakewood Police,
Cleveland Police, and the Rape Task Force.

Tim McGinty went on to say that "the real heroes in all of this were the victims," and that all too often the victims do not come forward or come forward too late.

Since this crime took place I have had some pretty wild meetings with various members of
the community, that have led to some of the most outrageous, difficult, and troublesome
conversations I have ever remembered. I know it is so easy to say, from afar, "I'm not directly involved in this other than being an observer." ALL VIOLENT CRIMES NEED TO BE REPORTED and PROSECUTED.

One of the many things talked about at this news conference was that these are habitual
criminals in habitual crime lifestyles. So that while many of us are thinking along Amy's
thought processes, the statement we need to make to ourselves is, "We will no longer look
the other way." That all of us will work to make Lakewood safer for everyone.

What follows in the report from City Hall on this.

The Lakewood Police Department and its partners in the “Early Morning Rapist” task force have received word from the Cuyahoga County Regional Forensic Science Laboratory that DNA evidence from the rape of a woman in Lakewood on August 30, 2014, is a match to James W. Daniel III.

Last week, the county’s Crime Lab tied Daniel to DNA evidence recovered after the Sept. 2 rape of a woman in the Edgewater neighborhood of Cleveland.

Daniel has been in custody since last Thursday. He is in Cuyahoga County Jail on $750,000 bond, awaiting presentation of his case to the Grand Jury.

“We’re hoping that this offers the victims some sort of peace of mind that the man who did this is behind bars,” said Lakewood Police Chief Timothy Malley. “A serial predator is off the streets.”

A task force including Lakewood Police, the Cleveland Police Department, the Cuyahoga County Sheriff’s Department and the Cuyahoga County Prosecutor’s Office has been investigating both crimes, and given their similarities, law enforcement officials suspected the same individual had committed them.

The outstanding work of the Crime Lab, which operates within the Cuyahoga County Medical Examiner’s Office under the direction of Cuyahoga County Medical Examiner Dr. Thomas Gilson, proved it.

Upon request of the Cuyahoga County Prosecutor’s Office, two of Dr. Gilson’s scientists – Dr. Nassir Butt and Dr. Hameet Kaur – tested and analyzed the results of “touch DNA” taken from the pants pocket of the woman assaulted on Warren Road in Lakewood. The suspect would have left his DNA there when he stole her money after raping her.

The Cleveland rape occurred on West 104th Street, just south of Lake Avenue. The defendant there left his DNA on the victim’s sports bra after brutally attacking her from behind and sexually assaulting her.

In both attacks, the suspect used similar vulgar language and used a silver hand gun to intimidate his victims. The Lakewood rape took place around 4:30 a.m. The Cleveland attack occurred around 5:25 a.m. three days later.

These similarities led police in Lakewood and Cleveland to believe they were hunting the same individual. Although the initial rape kit tests came back negative in both cases, the Prosecutor’s Office urged police to collect clothing from the two women and take it to the Crime Lab.

Scientists from the Crime Lab matched the genetic fingerprints found on each woman’s clothing to Daniel.

Daniel also has been tied to the Cleveland crime by security camera videos near the crime scene – a reminder that cracking this case involved hundreds of hours of intensive shoe-leather work by more than 20 police officers and investigators from the law enforcement agencies in the task force. They interviewed witnesses and interrogated suspects, including Daniel. They analyzed cell phone records, collected security cameras and reviewed hours of footage, searching for clues.

This successful investigation also would not have been possible without the courage of the two victims in these brutal attacks. They came forward under traumatic circumstances and aided investigators. Without them, this man would likely still be on the streets. They deserve our entire community’s thanks and support.

Besides these two recent rapes, Daniel’s DNA also connects him to the February 7, 2000, rape of another Cleveland woman. The rape kit from that attack has been tested by the Ohio Bureau of Criminal Investigation as part of Attorney General Mike DeWine’s Sexual Assault Kit Initiative, and its findings were being investigated by Cuyahoga County DNA Cold Case Task Force at the time of the early morning rapes.

“The streets are safer with Daniel behind bars,” added Malley. “He is a career criminal.”

Daniel, 33, has spent much of his adult life in prison. Since 2000, Cuyahoga County Common Pleas Court judges have sentenced him to the penitentiary for crimes that include Felonious Assault, Robbery, Burglary and Receiving Stolen Property.

He most recently left prison on March 31 of this year and was on three years’ post-release control at the time of his latest vicious crimes.

Lakewood police are investigating Daniel for an armed robbery that took place on Marlowe Avenue on Sept. 1. More charges could follow.

Good work Lakewood and Cleveland Police Departments!

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I have a proposal that might be over the top but it is deliberately provocative in order to promote a discussion.

How about as soon as possible after a serious (here the definition of serious is important) is reported the emergency phone/text/email system is activated as it is for serious weather conditions?

Maybe this could be geographically limited to say the immediate Warren Road area in this instance.

Imagine if all of a sudden there were dozens of eyes on the street and immediate vicinity to potentially apprehend a violator?

I know this raises a slew of questions such as raising a technological vigilante but I think it out to be discussed.

Stan Austin

Stan Austin wrote:I have a proposal that might be over the top but it is deliberately provocative in order to promote a discussion.

How about as soon as possible after a serious (here the definition of serious is important) is reported the emergency phone/text/email system is activated as it is for serious weather conditions?

Maybe this could be geographically limited to say the immediate Warren Road area in this instance.

Imagine if all of a sudden there were dozens of eyes on the street and immediate vicinity to potentially apprehend a violator?

I know this raises a slew of questions such as raising a technological vigilante but I think it out to be discussed.

Stan Austin

Stan

This is exactly the conversation I have had with many people since this happened.

I am planning a meeting next week, to discuss what we can do, and it is a complete nightmare.

We have the ability to monitor every police call, and turn them into text, data link and hyper link them,
chart them, map them, send out warnings on the fly.

But some ugly and really tough nuances pop up immediately, and they are not easy to overlook

Example is another Lakewood site dedicated to crime in the past. They published the crime report,
and the victim's names, address, the person calling it in's name and address, under cover officer's name
and address, witness' names and addresses. Which found the victims and witnesses being harassed.

A total nightmare. What are the legalities the person that broadcasts the "get this guy" when
the civilian action happens to the wrong person?

Do we want to create a vigilante society or just a vigilant society?

I am willing to host a coffee conversation on how the Observer papers can handle this
better and there are some amazing possibilities out there. This coming Tuesday at Coffee
Proper, at the Beck Center on Detroit Road. 7pm til 9pm.


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"James Daniels III has been charged with rape AND burglary in connection with the violent
rape of a runner on Warren Road, and with a burglary on Marlowe earlier in the year. He
may be charged with other crimes in the coming days.

Can you clear this one up? I have heard the woman on Warren being referred to as a runner as well. More often, I have heard that the woman was actually either going to or coming from her car from a residence on Warren. She was only on foot to go between a residence and her parked car.

Can anyone confirm this? Thank you.

Valerie

I just spoke with Chief Malley and you are correct.

Going from her car to home.

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Jim O'Bryan wrote:Valerie

I just spoke with Chief Malley and you are correct.

Going from her car to home.

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Thanks for clearing that up. Like I said, I had heard that a few times and was not sure what was true.

Part of why I wanted confirmation is because so many were quick to condemn the woman in Edgewater for being 'dumb' and running at 5:30 am and doing the victim blame thing. I heard much of the same when the Warren woman was mentioned as a running as well. Whether someone is walking from home to car to go to work, or someone is walking down the block to the drug store to get medicine for a sick kid, or someone is out exercising... it should not matter. They carry no blame in what happened to them.

I wish them much strength in the coming weeks. Thankfully, the perpetrator is off the streets, though.

I'm not sure I'll be in town for your meeting, but I think a couple of points could be considered.

First, police I have talked with over the years feel that they can do their job better without a bunch of concerned but untrained civilians in the area. They don't want bystanders to escalate the tensions, and they don't want bystanders to be shot or to get in the way of police equipment.

Second, many schools offer an escort service if a woman requests. I.e., if you will be walking from the library to your dorm or apartment, you can call and someone will walk with you. I have no idea if this really works, but it has spread to so many schools that I think it must be effective.

If enough of us have mobiles, this could be an effective way to make the city safer. I would envision something like an automated phone call to all residents in the neighborhood where a violent crime has occurred, and a special line at the police department that would keep a list of volunteers and arrange one when requested.

Valerie Molinski wrote:Thanks for clearing that up. Like I said, I had heard that a few times and was not sure what was true.

Part of why I wanted confirmation is because so many were quick to condemn the woman in Edgewater for being 'dumb' and running at 5:30 am and doing the victim blame thing. I heard much of the same when the Warren woman was mentioned as a running as well. Whether someone is walking from home to car to go to work, or someone is walking down the block to the drug store to get medicine for a sick kid, or someone is out exercising... it should not matter. They carry no blame in what happened to them.


I wish them much strength in the coming weeks. Thankfully, the perpetrator is off the streets, though.

Beautifully said.

Will Brown wrote:If enough of us have mobiles, this could be an effective way to make the city safer. I would envision something like an automated phone call to all residents in the neighborhood where a violent crime has occurred, and a special line at the police department that would keep a list of volunteers and arrange one when requested.

It's a great idea, Will, but I'd like it very much if this didn't even have to be a consideration.

As an aside, very pleased this gentleman is off the streets.

Valerie Molinski wrote:Part of why I wanted confirmation is because so many were quick to condemn the woman in Edgewater for being 'dumb' and running at 5:30 am and doing the victim blame thing. I heard much of the same when the Warren woman was mentioned as a running as well. Whether someone is walking from home to car to go to work, or someone is walking down the block to the drug store to get medicine for a sick kid, or someone is out exercising... it should not matter. They carry no blame in what happened to them.

I wish them much strength in the coming weeks. Thankfully, the perpetrator is off the streets, though.

Valerie

I was actually shocked at how many people I talked to said, "She had no business out their running at..." It was shocking to me.
I would say, "no the rapist had no businesses being out there, but the runner had every reason and right to be out there."

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I suspect at the end of this discussion we are going to see that the best way is the current way, just done with a little more
urgency. For many, many reasons you do not need residents getting involved at the wrong time with the wrong people.I
remember attending a discussion with then Councilman Butler, was having at bar on Detroit about policing their customers, or it
was possible for the residents to vote the ward dry, when elderly guy got up and said, "I sit on my porch every night waiting
for drunks with a baseball bat..." A total nightmare scenario.

We need to add to the police, which in Lakewood is pretty damn good, not interfere. Most police calls create no arrests, or
even complaints/reports. Another majority is domestic, and business related. A very, very small percentage is non domestic
violence, and even smaller percentage deals with strangers, predators, etc. But the front line in all of these are the police.
And there should be a way for them to make us aware without calling out the dogs and the pitchforks.

I called the Lakewood Police department everyday since this happened asking, "Any word, any links?" At no point did an officer
say, "we are sure" because they cannot even at that point with all the information they had. When do residents take it upon themselves
to take it into their hands? As others have said, I hope never.

"We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would harm us."
(not said by George Orwell)

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Jim O'Bryan wrote:
"We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would harm us."
(not said by George Orwell)

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"We sleep safely in our beds because rough men and WOMEN stand ready in the night to visit violence on those who would harm us."
(said in the 21st Century)

+1

I stand with those who say that a woman who is out alone, walking or running, is in more danger than one who is in a group (except apparently in Delhi). I am not saying that is a good thing, only that it is the way the world is. So running where there are other people is safer than running where there are no people. The women I have known who ran at night or in the early morning always ran with a partner; when I was young, I thought that was a bit much, but now that I have a few more years of learning, I think they were wise.

So a woman who opts to run in the wee hours, alone, has chosen a more dangerous path, which is not to say that she deserves being attacked, but is to say that if she is concerned, as she should be, with her safety, she should choose a safer course of action. If she chooses to close her eyes to thousands of years of human behaviour, and be blinded by ideology, she will be, to some degree, at risk. Women should be taught this reality from an early age, and should reinforce it among themselves. I don't think there is an effective way to change the behaviour of potential rapists.

And I don't understand at all the comment above that the woman had the right to be there, and the attacker did not. He would have the same rights that she has, unless you are saying we are going back to the days when black people had no right to be on the west side. Certainly he had no right to assault her.

Will Brown wrote: And I don't understand at all the comment above that the woman had the right to be there, and the attacker did not. He would have the same rights that she has, unless you are saying we are going back to the days when black people had no right to be on the west side. Certainly he had no right to assault her.

Will

Darn caught me. Of course I meant he had no right to commit crime, he had every right to be lawfully on the street, the more on the street the better, no matter what their heritage or lifestyle is. People are generally good things. Which brings us to this...

Will Brown wrote:I stand with those who say that a woman who is out alone, walking or running, is in more danger than one who is in a group (except apparently in Delhi). I am not saying that is a good thing, only that it is the way the world is. So running where there are other people is safer than running where there are no people. The women I have known who ran at night or in the early morning always ran with a partner; when I was young, I thought that was a bit much, but now that I have a few more years of learning, I think they were wise.

So a woman who opts to run in the wee hours, alone, has chosen a more dangerous path, which is not to say that she deserves being attacked, but is to say that if she is concerned, as she should be, with her safety, she should choose a safer course of action. If she chooses to close her eyes to thousands of years of human behaviour, and be blinded by ideology, she will be, to some degree, at risk. Women should be taught this reality from an early age, and should reinforce it among themselves. I don't think there is an effective way to change the behaviour of potential rapists.

I was more reacting to, mostly older women saying, "She had no business..." as the reason for the attack. I think we all agree that there is safety in numbers, that it pays to jog with a cell phone in your hand, that it is better to run when more are on the street, stay to popular active areas. But to somehow lay blame on a victim seems pretty cold. "Oh he was drunk, he was an easy target." Sure but that doesn't mean he should have been robbed. "Oh look at the way she was dressed!" Huh? Oh she had her get raped dress on? I think this is what I was getting at, for clarification.

So let's recap, I'm still not a racist, and yes, anyone not committing a crime can be on the streets. Also it pays to be safe.

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