The Ohio Supreme Court makes another good ruling.
http://www.dispatch.com/news/20171025/ohio-judges-can-dismiss-sex-charges-against-kids-under-13-justices-rule
Ohio judges can dismiss sex charges against kids under 13, justices rule
By Randy Ludlow
The Columbus Dispatch
Posted Oct 25, 2017 at 11:18 AM
Updated Oct 25, 2017 at 11:24 AM
Juvenile court rules empower judges to dismiss some sex charges against children under age 13 charged with molesting a child close to their age, the Ohio Supreme Court declared Wednesday.
The court was divided on the Franklin County case, voting 4-3 to overturn a decision by the Franklin County Court of Appeals.
The 2013 case involved a 12-year-old boy charged with three delinquency counts of gross sexual imposition for conduct with a boy who was nearly 10 years old.
A Juvenile Court judge dismissed the charges, finding that court rules gave him discretion to end prosecution and order treatment in lieu of taking formal action.
The judge found that the two boys were close in age and that since no threat of force or violence was involved, it would be arbitrary to pursue charges against one child, but not the other.
Franklin County Prosecutor Ron O’Brien appealed the ruling to the court of appeals, which reversed the judge, leading to the Ohio Supreme Court ruling.
In the majority opinion, Justice William M. O’Neill wrote that a juvenile court’s concern may not always center on determining if a crime was committed.
“As we have recognized in the past, holding a formal proceeding to determine whether a child was motivated by innocent curiosity or by culpable sexual gratification may be as bad or worse for the children involved — and for society — as was the act itself,” his opinion said.
Chief Justice Maureen O’Connor and Justices Terrence O’Donnell agreed with O’Neill. Justice Patrick F. Fischer concurred in a separate opinion.
Justice Sharon Kennedy wrote the dissent, joined by Patrick DeWine and Judith French.
Kennedy wrote that juvenile court rules do not give judges the authority to dismiss a formally filed charge and that cases can be screened by judges for alternative treatment prior to the filing of formal delinquency charges.
Friday, October 27, 2017
Wednesday, October 4, 2017
YSU Football player successfully sues University for right to play football
The man served his time, let him play. And play he has, though just a little.
https://www.cbssports.com/college-football/news/convicted-rapist-malik-richmond-remains-at-youngstown-state-as-school-settles-suit/
Convicted rapist Ma'lik Richmond remains at Youngstown State as school settles suit
by Ben Kercheval
Oct 3, 2017
Ma'lik Richmond, the Youngstown State football player who was convicted in the Steubenville High School rape case of 2012 in Ohio, will be allowed to remain on the roster and play football for the program. This decision was reached when lawyers representing Richmond and Youngstown State filed a motion to dismiss the federal lawsuit filed by Richmond against the school.
The case was dismissed with prejudice. As such, Richmond cannot bring forward the same complaint. Attorneys for Richmond argued that the school could not bar him from playing so long as he followed school rules.
"What is most important is that Ma'lik moves on," said Susan Stone, one of Richmond's attorneys, in a statement obtained by the Associated Press. "This was never a case about money. This is a case about Ma'lik being given all the opportunities afforded a student of good standing."
"This has been a complex situation," a Youngstown State statement read. "While the settlement agreement may cause concern for some, we believe it is in the best overall interest of the university, students and the community."
Richmond, a defensive lineman, served less than a year in juvenile detention for his crime. He attended two schools after his release and joined YSU as a walk-on this past year. The lawsuit claimed that Richmond and his family spoke with YSU president Jim Tressel and coach Bo Pelini about joining the team, and that both were supportive.
However, in August, when news of Richmond's arrival got around, a petition was created to remove Richmond from the football team. The university then said that he would not play for the team but would remain part of the program and lose a year of eligibility. Richmond quit the team before filing his lawsuit in September. A federal judge granted a temporary order saying Richmond could not be barred from playing while the case was being reviewed unless, as Football Scoop noted, the coach (Pelini) opted not to play him.
However, Pelini played Richmond in garbage time of a 59-9 blowout of Central Connecticut State on Sept. 16. "You have to be happy for the kid," Pelini said. "This isn't about me." Richmond has not played since.
Richmond's father, Nathaniel, was shot and killed in August by a probation officer in Steubenville when he opened fire on a judge, who returned fire.
https://www.cbssports.com/college-football/news/convicted-rapist-malik-richmond-remains-at-youngstown-state-as-school-settles-suit/
Convicted rapist Ma'lik Richmond remains at Youngstown State as school settles suit
by Ben Kercheval
Oct 3, 2017
Ma'lik Richmond, the Youngstown State football player who was convicted in the Steubenville High School rape case of 2012 in Ohio, will be allowed to remain on the roster and play football for the program. This decision was reached when lawyers representing Richmond and Youngstown State filed a motion to dismiss the federal lawsuit filed by Richmond against the school.
The case was dismissed with prejudice. As such, Richmond cannot bring forward the same complaint. Attorneys for Richmond argued that the school could not bar him from playing so long as he followed school rules.
"What is most important is that Ma'lik moves on," said Susan Stone, one of Richmond's attorneys, in a statement obtained by the Associated Press. "This was never a case about money. This is a case about Ma'lik being given all the opportunities afforded a student of good standing."
"This has been a complex situation," a Youngstown State statement read. "While the settlement agreement may cause concern for some, we believe it is in the best overall interest of the university, students and the community."
Richmond, a defensive lineman, served less than a year in juvenile detention for his crime. He attended two schools after his release and joined YSU as a walk-on this past year. The lawsuit claimed that Richmond and his family spoke with YSU president Jim Tressel and coach Bo Pelini about joining the team, and that both were supportive.
However, in August, when news of Richmond's arrival got around, a petition was created to remove Richmond from the football team. The university then said that he would not play for the team but would remain part of the program and lose a year of eligibility. Richmond quit the team before filing his lawsuit in September. A federal judge granted a temporary order saying Richmond could not be barred from playing while the case was being reviewed unless, as Football Scoop noted, the coach (Pelini) opted not to play him.
However, Pelini played Richmond in garbage time of a 59-9 blowout of Central Connecticut State on Sept. 16. "You have to be happy for the kid," Pelini said. "This isn't about me." Richmond has not played since.
Richmond's father, Nathaniel, was shot and killed in August by a probation officer in Steubenville when he opened fire on a judge, who returned fire.
Tuesday, October 3, 2017
Ohio House bill seeks to help young 'sexting' offenders
Here is the text of HB 355, which made headlines during my trips out of town.
http://www.cleveland.com/politics/index.ssf/2017/09/ohio_house_bill_seeks_to_help.html
Ohio House bill seeks to help young 'sexting' offenders
Posted on September 21, 2017 at 5:04 PM
By Jeremy Pelzer, cleveland.com jpelzer@cleveland.com
COLUMBUS, Ohio--New legislation in the Ohio House of Representatives would explicitly ban "sexting" in the state by people younger than 21, though the bill's sponsor says it's designed to give young offenders a second chance.
House Bill 355, introduced Thursday, would require every county in Ohio to create a "sexting educational diversion program" for Ohioans under 21 convicted for the first time of sending sexually explicit material featuring minors. Many Ohio counties already have such programs, but some smaller counties do not.
State Rep. Brian Hill, a Zanesville Republican co-sponsoring the bill, noted that it's already illegal in Ohio to possess or send explicit photos of minors. But those accused of such an offense are currently charged with possession of child pornography or another sex crime, he said, and young people convicted of "sexting" for the first time shouldn't have to face the prospect of jail time or being permanently labeled a sex offender. He said there have been several cases, including one in his district, where teens arrested for sexting became so distraught they committed suicide.
"This gives kids an opportunity to not ruin their life for something they did that's really stupid," Hill said.
Currently, there's no definition of "sexting" in Ohio law. HB 355 would prohibit people in Ohio under 21 from creating, possessing, or sending sexually explicit material featuring a minor using a telecommunications device.
The bill creates several exceptions, including for people with explicit photos of themselves or their spouse (so long as they don't distribute the photos) and those who receive unsolicited photos and immediately delete them.
http://www.cleveland.com/politics/index.ssf/2017/09/ohio_house_bill_seeks_to_help.html
Ohio House bill seeks to help young 'sexting' offenders
Posted on September 21, 2017 at 5:04 PM
By Jeremy Pelzer, cleveland.com jpelzer@cleveland.com
COLUMBUS, Ohio--New legislation in the Ohio House of Representatives would explicitly ban "sexting" in the state by people younger than 21, though the bill's sponsor says it's designed to give young offenders a second chance.
House Bill 355, introduced Thursday, would require every county in Ohio to create a "sexting educational diversion program" for Ohioans under 21 convicted for the first time of sending sexually explicit material featuring minors. Many Ohio counties already have such programs, but some smaller counties do not.
State Rep. Brian Hill, a Zanesville Republican co-sponsoring the bill, noted that it's already illegal in Ohio to possess or send explicit photos of minors. But those accused of such an offense are currently charged with possession of child pornography or another sex crime, he said, and young people convicted of "sexting" for the first time shouldn't have to face the prospect of jail time or being permanently labeled a sex offender. He said there have been several cases, including one in his district, where teens arrested for sexting became so distraught they committed suicide.
"This gives kids an opportunity to not ruin their life for something they did that's really stupid," Hill said.
Currently, there's no definition of "sexting" in Ohio law. HB 355 would prohibit people in Ohio under 21 from creating, possessing, or sending sexually explicit material featuring a minor using a telecommunications device.
The bill creates several exceptions, including for people with explicit photos of themselves or their spouse (so long as they don't distribute the photos) and those who receive unsolicited photos and immediately delete them.
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