Following an emotional hearing in a Downtown Cleveland court, the Cuyahoga County Prosecutor’s Office dropped all charges from a 2019 East Cleveland murder conviction.
In a hearing in Cuyahoga Common Pleas Court Tuesday, a witness recanted her testimony that led to the conviction of Jerry Sims and called into question the credibility of the then-lead detective on the case, Kenneth Lundy, who is now East Cleveland's Police Chief.
“It was established that a key witness and a detective from the East Cleveland Police Department engaged in a romantic relationship before, during, and after the trial. This was unknown to the trial prosecutors and the Cuyahoga County Prosecutor’s Office,” said Lexi Bauer, a spokesperson for the prosecutor’s office, in a statement following the hearing. “Because this relationship was not disclosed to the defense and goes to both witnesses’ credibility, today, the State conceded that a constitutional violation occurred at trial. In light of existing evidence, retrial is not possible at this time.”
The key witness in the case against Sims, who was also his former girlfriend, said in court Tuesday that Lundy pressured her to lie on the stand. She agreed to testify that she witnessed the 2017 killing of Jamarr Forkland after Lundy convinced her that Sims was a threat to her safety.
“In fact, you have no knowledge if Mr. Sims was involved in that murder at all?” asked Kim Kendall Corral, Sims’ attorney, during the hearing Tuesday.
“No,” the witness said.
“And you lied in your testimony?”
“Yes.”
“Even though you were under oath?”
“Yes.”
“Did you feel like you had a choice?”
“No.”
Sims was found guilty of aggravated murder and other charges, following his 2019 trial, and was sentenced to 40 years to life. According to prosecutors, Sims shot Forkland following a fight at a used car lot.
During the trial, the witness testified that she was with Sims and witnessed the murder and later purchased the gasoline used to burn Forkland’s body. In an affidavit filed with the court earlier this year, the witness recanted her testimony and said she lied under oath because Lundy pressured and manipulated her.
The witness and Lundy started a sexual relationship at some point in 2017 that lasted until after the 2019 trial, she said.
“I was using him for information about the case and [to] get advice so I can stay, you know, on top of it because I've never been in a situation like this before, so I don't know how these things work,” the witness said during the hearing Tuesday. “But, for him, it just turned into something serious.”
She testified that Lundy bought her furniture, took her on trips and showered her with other gifts in the months leading up to trial.
Lundy did not testify during the hearing, but in an interview with Ideastream Public Media in January, acknowledged the relationship.
“It was never intended to alter her testimony,” Lundy said. “I was there for her emotionally. It probably wasn’t the most professional thing for me to do, but, again, she called me every day for protection. We grew very close.”
The witness testified to a pregnancy by Lundy just a few months before the trial started. Lundy told her she should get an abortion, she said.
“When I found out I was pregnant, I told him. He said I couldn’t because that would be evidence that me and him was messing around going into trial,” she said.
In an interview with Ideastream, Lundy said he wasn’t sure whether he was the father of the baby, and said he didn’t pressure the witness.
Following Sims’ conviction, the witness said Lundy became abusive and started exhibiting stalker-like behavior, including driving to her apartment complex multiple times a day uninvited and sending threatening text messages.
“He just hurt me, punched me, smacked me, dragged me through the house. He put a gun to my head,” she said.
She went on to describe instances of threatening behavior, assaults and vandalism against her that were recorded in police reports with the Mayfield Heights Police Department. Lundy was never arrested or charged with any crimes. At one point, Mayfield Heights Police told him to stop going to her apartment.
The prosecutor questioned the witness about whether she discussed recanting her testimony with Sims or any of their mutual friends, which she denied.
She came forward in 2024 to recant her testimony.
“I decided to come forward with the situation when I realized Ken became the chief of police,” she said.
Suspended East Cleveland Mayor Brandon King named Lundy acting police chief last year after Chief Brian Gerhard left the department following the release of antisemitic and racist text messages on his phone. Gerhard replaced Scott Gardner, who also left the department last year, after a conviction for tax evasion.
Between August of 2022 and March of 2023, 16 East Cleveland officers were indicted on charges including felonious assault, interference with civil rights, tampering with evidence and dereliction of duty. King’s trial on corruption-related charges was scheduled to begin Wednesday in Cuyahoga County Common Pleas Court, but was delayed a day following a last-minute motion to dismiss by King's attorney.
Shortly after the witness testimony ended Tuesday, the county prosecutor’s office dismissed the charges against Sims. He has been in prison since 2019.
“Judge, at this time, obviously making no concession of actual innocence, we would ask that this case be dismissed without prejudice,” said Assistant Prosecuting Attorney Ben McNair.
Judge Jennifer O’Donnell dismissed the charges and Sims will leave jail once it’s confirmed that he faces no jail time in other cases.
The court moved unusually quickly to dismiss the case against Sims after his attorney filed a motion on January 7, 2025, in part because the prosecutor’s office did not submit a lengthy brief defending their case and only asked for a hearing.
What often happens after new evidence casts doubt on a conviction is that the prosecution defends the conviction, and the trial court judge denies the defendant’s motion.
Former Ohio Supreme Court Justice Michael Donnelly has called that a “knee-jerk reaction to deny.”
The case typically then goes to the appeals court, which can take years to reach a decision.
“The state should learn from this,” said Donnelly. “They should be encouraging of hearings to hear the evidence to be sure someone is not suffering unnecessarily.”
Donnelly has advocated for a state law that requires a hearing in open court to have new evidence presented, instead of leaving it up to the trial court judge.
“There are some areas where a judge should not have discretion,” he said.
