East Cleveland Police Trial Under Review: 7 Judges Stop Everything to Examine Broken Burden of Proof | The Infamous Ex-Chief
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East Cleveland Police Trial Under Review: 7 Judges Stop Everything to Examine Broken Burden of Proof | The Infamous Ex-Chief
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Every legacy media outlet in Cleveland ran the press releases, aired the clips, and moved on. Nobody read the appellate record. Nobody stayed with the story. I did.
On May 2, 2025, I identified the exact legal problem that 7 judges on the Ohio Court of Appeals Eighth District just confirmed this morning was serious enough to stop everything and examine. Today, July 6, 2026, the full court granted en banc review in State v. McInnes — meaning the question of whether the burden of proof was on the wrong party in Ian McInnes's trial is now before the entire court.
In this episode I break down:
— Why the trial may have been structurally broken before the first juror was seated
— What Cleveland v. Graham actually says and why it directly contradicts the jury instructions used in McInnes's conviction
— How the United States Supreme Court's 1989 Graham v. Connor decision established the objective reasonableness standard that was ignored in that courtroom
— The officers who took plea deals to escape that broken framework and why they may now be permanently locked out of challenging it
— What en banc review means, what happens procedurally from here, and what the three possible outcomes are for McInnes
— Why this ruling affects every excessive force prosecution in the Eighth District going forward and potentially every officer in Ohio
Legacy media did not cover the appellate oral argument. They did not cover the attorney's statement that the only way to fix this is a new trial. They are not covering today's en banc ruling. You are hearing about it here because this is the only platform that never stopped asking the question everyone else decided was already answered.
Justice does not need a press release. Truth does not need a hashtag. And no officer should have to survive a courtroom just to survive the job.
I'm Scott Gardner — former cop, former homicide detective, former Chief of Police. This is The Infamous Ex-Chief.
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