BUCYRUS — A self-proclaimed trial consultant from Cleveland was declared a hostile witness when she testified in the trial of Jason Tupps on Thursday in Crawford County Common Pleas Court.
Tupps, 45, of Galion, a former corrections officer, is accused of holding a motorist at gunpoint in July 2018 and of threatening to shoot her. The incident led to multiple charges against Tupps including improper handling of a firearm, abduction, driving under the influence of alcohol, using weapons while intoxicated, aggravated menacing, and assured clear distance.
Megan Futchi, 33, of Cleveland had been charged with two felonies for her involvement in the Tupps case. She testified as a part of her plea agreement. Futchi was represented by attorney Jerry Thompson during the negotiations.
According to the terms of the plea, Futchi‘s charges of complicity and complicity against the elderly would be reduced from third-degree felonies to fourth-degree felonies. Futchi agreed to testify against Tupps and Brittany Miller and agreed to pay $4000 in restitution to the Tupps’ parents.
If Futchi successfully completes the program, all charges will be dismissed. If she fails to complete the program, she could serve up to 18 months in prison on each count.
Special prosecutor Margaret Tomaro laid out the entangled relationship between attorney Adam Stone, Miller and Futchi. Stone was retained by Tupps on the night of his arrest. Stone has a four-year-old son with Miller who became acquainted with Futchi during Stone’s tenure as Tupps’ attorney.
Futchi told the jury she had originally met Stone about seven years ago when she was working a sales booth at a convention in Cleveland. Futchi was employed by an evidence animation company, The Evidence Room, in Cleveland.
When asked her current employment, Futchi said she is a pre-settlement funding consultant, a paralegal and worked in animation.
She became involved in the Tupps case in March 2019. Futchi, who was officially employed by Stone, worked off a $5000 retainer paid by Tupps. Her work resulted in an animation re-creation of the accident between Tupps and Abbey Dickman. Futchi testified that Stone and Tupps were not pleased with the animation she provided and since her retainer had been fulfilled, she was off the case.
As Tomaro began to press Futchi about her efforts to get back on the case, she became less and less cooperative. Futchi said she received a text from Tupps with a picture of his son noting how handsome he was. Futchi saw that as an opening to get back on the case.
Futchi said she told Tupps she had some good “stuff” but needed back on the case to produce it. She quoted Tupps as saying, “Let’s put you back on the case.” They then decided to meet and discuss her input and payment.
Futchi revealed that she had become pregnant with Stone’s baby in the interim and then had become acquainted with Miller through Instagram. She said she knew Miller and Stone had a son together.
She testified that she and Miller had lengthy conversations about the type of father Stone was and what Futchi might expect from him as a person and a father. They also discussed the case. Futchi admitted she was communicating with both Miller and Tupps at the same time.
Futchi said Miller gave the impression that she was involved with the Galion police officers in the case. Futchi said she arranged a meeting with Tupps, his wife and his parents. Futchi, who does not drive, took an Uber from Cleveland to Bucyrus and Miller took her to the meeting with Tupps.
Futchi said they discussed the plan to discredit officers on the drive to the meeting. Futchi claimed she did not know Miller and Tupps knew each other until they exchanged pleasantries at the meeting. Even though Futchi had given formal testimony in a proffer saying Brittany was to be paid, she was vague about remembering the details of her agreed testimony.
Tomaro questioned Futchi about what she was paid and what she was to do in exchange for the payment.
When Tomaro pressed Futchi about Miller’s involvement, she simply said Miller knew the officers. Futchi testified she sold the Tupps her plan to bring girls from Cleveland to frequent places the officers go, hang out with them and become familiar what they knew and how they felt about the case and to get them to talk about their personal lives.
“Jason wasn’t getting any good media attention. We were going to tell the media that Jason wasn’t the only one who was a bad guy,” Futchi said.
Futchi insisted that Stone knew about the plan and told her not to come back on the case until Tupps gave her $5000.
“But you asked for $6000 from his parents, both retired. They said it seemed high to go bar-hopping and you renegotiated for $4000, right?” Tomaro asked.
Tomaro then showed the jury a receipt Futchi had given the Tupps for the $4000.
Tomaro asked Futchi how she was going to pay Miller and the girls from Cleveland. Futchi said she had no agreement to pay Miller and that she wasn’t aware of any agreement to pay her.
A frustrated Tomaro asked Judge Robert Pollex to declare Futchi a hostile witness, noting she was not testifying to anything she had agreed to as part of her plea agreement.
Tomaro reminded Futchi that she had pleaded guilty to bribery and theft from the elderly.
“You broke the law, but you wanted to do the right thing and you got a great deal from the state,” Tomaro said. “How much money did you let Brittany Miller think she was getting paid?”
Futchi said she was unaware, but Tomaro reminded her that in her proffer she said Tupps was on board with the plan and Miller watched his parents hand over the cash money.
Tomaro outlined that Futchi was going to give information to bloggers who would post it and the media would pick up on it and for which Miller expected to receive a payment of $1000.
Tomaro acknowledged that Futchi had made restitution payments to the Tupps and would continue to pay them until the money was paid back. Tomaro rested after reiterating that Futchi took the elderly couple’s money and did not work for it.
On cross examination, attorney James Mayer asked Futchi about her plan and what happened the very next day when Tupps asked for the money to be returned. Futchi could not recall.
“You blocked him, you ghosted him or whatever,” Mayer said.
Mayer summed up Futchi’s education and work experience as much less than what she had presented. He noted that she had no college education and had only taken some paralegal courses. Futchi agreed and said she’d never testified before this trial and was not good under pressure.
When questioned about her fees, Futchi could not testify as to what she charged Tupps. She could not describe what she had done for the money but said she did research, found an animator and produced an unsatisfactory product for the $5000 retainer. She estimated she charged about $150 per hour for her services and after that she was off the case until she and Tupps reconnected.
Earlier in the day, Stone testified he did not engage in a sexual relationship with Futchi until after she was off the Tupps case the first time in the summer of 2019. Futchi testified she had on again, off again relations with Stone since 2017.
Futchi testified that Stone often helped her with her expenses including her high-rise apartment rent of $1500 per month. She said she never asked him for rent but only help because she was pregnant with his child.
Futchi further testified that Stone was supported her plan and knew she was meeting with Tupps and his family on November 6, 2019 to receive money. Futchi insisted it was her plan and not Miller’s plan to get “dirt” on the officers and insisted Miller was only at the meeting with Tupps because she drove her there.
The day after the meeting Tupps called her after he spoke with Stone and asked for her to return the money. Tupps said he talked to Stone, who knew nothing of the plan and was upset. Futchi told Tupps to let her handle Stone and that she would “light a fire under his ass” to get the trial moving forward.
Mayer again had Futchi verify that Miller received no money. Futchi smiled and said the elderly Tupps had paid her in $100 bills and gave her a $50 tip for her trouble.
In a bombshell moment, Futchi said she had proof via a text with Stone that he knew of the plan and approved it. Tomaro said she never heard of the text and Mayer said he did not know of it either.
Pollex ordered a sidebar meeting to review the alleged text. It was revealed after the meeting that Futchi did not have a date on the text because it was a screenshot she had taken and saved to her photos. She had since replaced the phone and the time chain was lost.
Mayer did not reveal the contents of text since it was not time stamped.
“Why did you block Mr. Tupps one day after you got this money from his parents? He sent you information to redeposit the money and you ghosted him and blocked him,” Mayer said.
“I was told not to communicate with him again,” Futchi said.
Mayer rested and Tomaro clarified information on her redirect. She noted that originally Futchi said Stone had no knowledge of the plan. She told the jury Futchi changed her story.
Tomaro told the jury that Futchi said Miller did have information and that Miller and the girls from Cleveland needed to be paid for their time. She said Futchi sold the Tupps a dirty media plan and his parents had paid for it.
With no further questions for Futchi, Pollex excused her and apologized to the jury for holding them so late into the evening (past 7 p.m.) and asked them to return Friday at 8:30 a.m.
It is not clear if testimony by both sides will be completed on Friday or if it will go into the next week.