These attorneys are often asked to act as lead prosecutors in cases in which there is a conflict of interest, or to serve as assistant prosecutors where specialized knowledge is needed.
What does the Special Prosecutions Section do?
We exist to assist local prosecutors when conflicts arise or to handle complex or unique litigation at no cost to the local prosecutors.
If a local public official has committed crimes, for example, a county could pay a private attorney to act as a special prosecutor, which is often very expensive, or have an adjacent prosecutor add the workload to his or her office’s staff. We, however, can come in and handle it for free, without impacting a regular assistant prosecutor’s trial docket. Sometimes, the size of a case can put stress on a local prosecutor’s office. If there is a huge drug-trafficking organization, for example, the influx of 50 to 75 defendants could shut down a docket for a while, but our folks can come in and handle a case like that.
We are sometimes called upon because the case is unique. Matters we might see frequently statewide, such as securities fraud, might be rare in another jurisdiction.
Who should seek help from Special Prosecutions?
The only people who can seek help from special prosecutions are the chief prosecutor of a jurisdiction -- a county elected prosecutor or the designee -- or, if it’s a municipality, the city law director or the chief prosecutor. We can also be appointed by courts if the court determines there is a conflict and seeks a special prosecutor.
How many people work in the Special Prosecutions Section?
We have four support staff members, 12 line attorneys spread out over three offices -- Cleveland, Columbus and Cincinnati -- as well as Assistant Section Chief Angie Canepa and me. All of the attorneys in special prosecutions had extensive experience as trial prosecutors prior to coming to the Attorney General’s Office. All but one of our attorneys was an assistant prosecutor at the county level in Ohio; the one person who wasn’t served in the Army Judge Advocate General’s Corps as a trial prosecutor. Our prosecutors are from large, medium and small jurisdictions from throughout Ohio.
What challenges does your section face?
Because we’re a conflict unit, we are not interacting with local law enforcement on a daily basis. We don’t get to have those relationships that are built over years.
We deal by and large with unique cases so, generally speaking, our cases are not your typical drug- possession cases, or your typical assault cases. They have unique and challenging aspects. A lot of times, the defendants are folks who, because of the conflict, have ties to the criminal justice system or the legal system.
What are the rewards of working in this section?
The rewards are very easy: We get to assist Ohio’s prosecutors and law enforcement in achieving justice. We also get to see different parts of Ohio, different judges and different courthouses.
Could you discuss a memorable case?
In Summit County I was able to work with the local prosecutor’s office to prosecute a multimillionaire, international tax attorney who was running a head shop that was selling pentedrone, a dangerous synthetic drug. We worked with local jurisdictions and got him and his staff convicted; he and his manager were sent to prison. It was the first pentedrone case of its type in the state that led to a trial and criminal conviction.
The Matthew J. Donahue File:
Current position: Chief of the Special Prosecutions Section
Previous jobs: Assistant Attorney General in Special Prosecutions, Assistant Meigs County Prosecuting Attorney
Education: Matt earned his juris doctorate from the University of Dayton, and a bachelor of science degree from Bethany College in Bethany W.Va.
Hobbies: He enjoys running, walking his dog, and spending time with his new wife, Jill.
Contact information: 614-644-7233, 150 E. Gay St., 16
th Floor Columbus, OH 43215
Matthew.Donahue@OhioAttorneyGeneral.gov