On Monday, December 30, 2024, Christopher P. Conomy filed a notice of appeal with the Ohio Supreme Court, challenging a November 22, 2024, ruling by the Delaware County Court of Appeals. The appeal stems from an original action filed by Conomy against Judge Kyle Rohrer and others. The case, 24 CAD 07 0042 in the Delaware County Court of Appeals, involved petitions for writs of mandamus and procedendo.
Conomy’s original action centered on two criminal cases dismissed by the Delaware Municipal Court due to Conomy being deemed “incompetent and nonrestorable.” He argued that Judge Rohrer wrongly declared him incompetent in Case No. 23CRB00517, alleging this decision resulted from an undisclosed, collusive agreement between a public defender and the prosecutor, Amelia Bean-DeFlumer, overseen by City of Delaware attorney Natalia Harris. Conomy claimed he was not notified about the competency report before the dismissal.
A second criminal case, No. 23CRB01129, involved charges of domestic violence, menacing, and disorderly conduct. This case was also dismissed by Judge Rohrer on February 19, 2024, based on Conomy’s declared incompetence. Conomy asserted that these dismissals, along with the finding of incompetence, negatively impacted his ongoing divorce and custody proceedings, hindering his ability to see his children. He further claimed that the declarations of incompetence caused him significant emotional and psychological distress.
Conomy’s petition to the Delaware County Court of Appeals sought several remedies. He requested that Judge Rohrer remove the September 25, 2023, entry declaring him incompetent in Case No. 23CRB00517 and dismiss the case with prejudice. He also sought an order compelling Judge Rohrer to address a pending motion in Case No. 23CRB01129 and dismiss that case with prejudice. Additionally, he requested that Bean-DeFlumer, Harris, and the City of Delaware withdraw all charges and cooperate fully with any subpoenas or requests for information related to the cases. Finally, Conomy sought monetary damages for emotional distress, psychological distress, loss of income, loss of consortium, and other economic and non-economic damages, including punitive damages and prejudgment interest.
The Delaware County Court of Appeals, in its November 22, 2024, judgment entry and opinion, dismissed Conomy’s petitions. The court’s opinion detailed its reasoning, focusing on the elements required for mandamus and procedendo relief. The court found that Conomy had an adequate remedy at law through the sealing statutes (R.C. 2953.32 and 2953.33), which allow for the sealing or expungement of criminal records. The court emphasized that mandamus is an extraordinary remedy, only granted when a clear legal right is demonstrably violated and no adequate remedy exists at law.
Regarding the claim of false statements, the court indicated that a defamation suit in common pleas court would be the appropriate avenue for redress. The court also stated that it could not control the judicial discretion of Judge Rohrer or the prosecutorial discretion of the involved parties. The court further determined that because Case No. 23CRB01129 had been dismissed, Judge Rohrer lacked jurisdiction to act on Conomy’s subsequent motion. Therefore, the court dismissed all of Conomy’s petitions.
A copy of the original filing can be found here.
