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Published: Friday, September 02, 2016 @ 7:33 PM
WHY IS BROCK TURNER GETTING RELEASED AFTER THREE MONTHS?
Turner, like nearly all California jail inmates, will be released after serving half his sentence. As long as jail inmates stay out of trouble behind bars, they generally get two days of credit for every day served.
WHAT’S THE FALLOUT?
The California Assembly voted 66-0 Monday to make a prison sentence mandatory for the same crime Turner committed. Democratic Gov. Jerry Brown has not said whether he would sign it.
Judge Aaron Persky is facing a recall effort, with organizers saying they will begin collecting signatures in April to try to qualify the issue for the November 2017 ballot. A women’s advocacy group has filed a formal misconduct complaint with the state agency that disciplines judges.
He also has voluntarily removed himself from hearing criminal cases, starting next week. Prosecutors earlier removed from an unrelated sex assault case.
WHERE WILL TURNER LIVE?
Turner is expected to return to his parents’ home in Sugarcreek Twp. Ohio prison officials have agreed to take over monitoring Turner, and he is required to register as a sex offender with Greene County Sheriff Gene Fischer. He will have to report to a probation officer for three years and must avoid alcohol and drugs during that time. He will be subjected to random drug and alcohol tests and required to attend substance abuse counseling. He is required to pay his victim restitution, which has not yet been determined. Most significant, he is required to register as a sex offender for life.
WHAT DOES IT MEAN TO REGISTER AS A SEX OFFENDER?
He must complete a sex-offender counseling class for one to three years. He cannot live near schools, parks and other places where children congregate. He will be barred from working with children in any capacity. He will be required to submit to random polygraph tests and waive patient-counselor confidentiality privileges. His name, photo and address will be publicly available on Ohio’s online sex offender registry. The local sheriff plans to send postcards to Turner’s neighbors informing them that a sex offender has moved in nearby. Turner has to check in with the sheriff every three months and is subject to random searches of his home. He must seek permission from law enforcement to travel out of state, lawyers say.
IS TURNER APPEALING HIS CONVICTION?
Turner’s trial lawyer indicated he would. Court records show Solomon Robert Wollack is representing Turner through the Sixth District Appellate Program, which provides court-appointed appeals attorneys to defendants who can’t afford them. Wollack said the appeals court has not yet received the trial record, “so we are still very early in the process at this time.” He declined further comment.
— Paul Elias, Associated Press
Brock Turner emerged pre-dawn Friday from a California jail to a throng of journalists and a spectator who shouted, “Loser!”
The 21-year-old ex-Oakwood swimmer and sexual offender hopped in the back of a white sport utility vehicle and slammed the door. He was silent as he began the journey back to Ohio, which he must make within five days of release in order to register here as a sex offender and begin his three years of parole.
Hours later the protests began outside the jail and, later, outside his home in Sugarcreek Twp., where Turner has asked and received permission to live with his parents.
He re-entered society with shaggy hair, a wrinkled shirt and a large packet of mail clutched under his arm.
“I don’t think there’s any definable, actual threats,” said Santa Clara County Sheriff Laurie Smith before Turner’s release, “but there’s a lot of hate.”
He later emerged from the sport utility vehicle in a hooded sweatshirt and sunglasses, which he wore as television cameras followed him and his parents inside the lobby of a Palo Alto hotel. Asked if he wished to apologize, Turner said nothing.
The protests in California were largely aimed not at Turner, but at Judge Aaron Persky, who sentenced the ex-Stanford University student to six months jail time following his conviction in the sexual assault of an unconscious, intoxicated woman on campus in January 2015.
Like many California inmates, Turner served half his sentence due to the state’s rules of good behavior. His time inside jail, Smith said, was spent in protective custody alongside inmates charged with homicide.
Protest leaders in California, including a cohort of U.S. Congress members, urged Persky to resign or face a November 2017 recall election for which support is already building.
“We come here today because there is no justice in the light sentence and early release of Brock Turner,” said U.S. Rep Eric Swalwell, D-Calif. “But we come here together to find justice in the early release of Judge Persky.”
Outside the Turner residence Friday evening, a newspaper sat unopened in the driveway as about a dozen protesters and roughly twice as many reporters stood at the neck of the cul de sac.
A Cincinnati news chopper circled overhead as a neighbor mowed his grass.
“You’ve got to be kidding me,” said another neighbor as he looked up.
About a block away, neighbors chatted with Sugarcreek Twp. Police Chief Michael Brown, who declined to comment, as a police sergeant watched the armed protesters through a pair of binoculars. Another neighbor walked up to a front porch with a case of Miller Light.
Michele Landis Dauber, the Stanford Law professor who is running the effort to unseat Persky, told the Dayton Daily News earlier this week she did not endorse vigilantism.
“I completely understand caring about the judge more than him,” said protester Daniel Hardin, of Vandalia, with an M4 assault rifle around his shoulder. “But that doesn’t mean we’re going to forget about him.”
Asked if he had anything else to add, Hardin briefly paused.
“Welcome back home, Brock.”
Published: Wednesday, March 21, 2018 @ 6:37 PM
TROY — A Michigan man who led state troopers on a 55-mile chase from Piqua to Allen County in November was sentenced Monday in Miami County Common Pleas Court to 30 months in prison.
David Nehmer, 27, of Paw Paw, Michigan, was sentenced to 30 months in prison for failure to comply with the order or signal of a police officer and six months in jail for driving while under the influence. The sentences will be served concurrently in the penitentiary. Nehmer’s driver’s license was also suspended for five years.
Nehmer was arrested in the early morning hours on Interstate 75 near Bluffton. The pursuit began in Piqua after troopers received a report of a vehicle driving on its rims.
The pursuit of Nehmer — wanted on warrants out of Michigan — included speeds of more than 120 mph, troopers said.
Janna Parker, an assistant county prosecutor, said Nehmer was on parole in Michigan at the time of the chase that included what she called “insanely fast speeds” on tire rims. She said Nehmer put not only himself but multiple police officers and countless motorists at risk.
Judge Christopher Gee sentenced Nehmer, calling the pursuit “a horrific and very dangerous chase.” Gee said Nehmer was fortunate no one, including him, was injured.
“This kind of behavior cannot be condoned in any way,” Gee said.
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Published: Wednesday, March 21, 2018 @ 5:57 PM
Updated: Wednesday, March 21, 2018 @ 6:30 PM
CLARK COUNTY, Ohio — The Clark County Sheriff’s Office says a woman’s 3-month-old daughter who died of Sudden Infant Death Syndrome in 1984 was buried in the wrong grave at a family plot in Glen Haven Memorial Gardens in Bethel Twp.
Connie Rosellen told News Center 7 she discovered the mistake after the death of her stepfather. During his burial, cemetery officials reportedly struck her daughter’s casket and broke it.
Rosellen said she called deputies last week after arriving at the cemetery for her daughter’s disinterment and reburial and allegedly found the baby’s remains in what she described as a shallow grave, covered only by the blanket she was buried with, a tarp and and a plywood board.
The Clark County Sheriff’s Office says multiple deputies responded to the cemetery but they didn’t open a criminal case. According to their initial investigation, the cemetery followed all legal procedures.
Published: Wednesday, March 21, 2018 @ 9:44 AM
Updated: Wednesday, March 21, 2018 @ 11:58 AM
— A wrongful death civil lawsuit has been filed in the October Moraine police officer-involved fatal shooting of a Dayton man.
The lawsuit filed Tuesday in federal court by the estate of Jamarco McShann alleges a conspiracy and misconduct involving several Moraine police officers.
“Defendant Officers John Howard, Jerry Knight, Michael Cornely, Justin Eller, Brian O’Neal, and unnamed officers willfully and maliciously shot Jamarco Dewayne McShann to death, and/or failed to intervene to prevent the use of deadly force against him despite the duty and the opportunity to do so,” the lawsuit states.
On Wednesday, the attorneys that filed the suit had a press conference that included other community activists and mothers of other Ohio men who have been shot and killed by police.
“Jamarco McShann’s rights were violated,” said attorney Andrew Stroth, who filed the lawsuit. “He was unjustifiably shot and killed. There was no provocation. There was no threat of danger. The officers shot and killed him through the back of his vehicle. And the lawsuit outlines the allegations.”
Rev. Jerome McCorry, president and CEO of the National Congress on Faith & Social Justice, said: "We will fight for justice until justice is done.” Attorneys for the family also said it was “unacceptable” that the officers who fired their guns were back on full duty.
“The City of Moraine does not comment on pending litigation,” read a statement made Wednesday by Moraine law director Buzz Portune, “but is satisfied that all actions taken by its Division of Police and officers involved in the matter were fully compliant with all applicable law enforcement standards and appropriate under the circumstances.”
“The defendant officers otherwise acted both willfully, wantonly, recklessly, negligently, intentionally, and with malice and willful indifference in committing the acts alleged in this complaint, which resulted in the wrongful death of Jamarco McShann,” according to the suit.
The 23-year-old McShann, died from “multiple shotgun and gunshot wounds” after a confrontation with Moraine officers John Howard and Jerry Knight in the early-morning hours of Oct. 20, according to the Montgomery County Coroner’s Office.
The Ohio Bureau of Criminal Investigation oversaw a probe into the matter at the request of the Moraine Police Division. That has been forwarded to the Montgomery County Prosecutor’s Office.
Published: Wednesday, March 21, 2018 @ 3:26 PM
TROY — A Piqua man pleaded guilty Wednesday to felony rape in a case heard in Miami County Common Pleas Court.
Dylan Cost, 21, initially faced one count of rape for alleged sexual conduct with a person under age 13, in August in Piqua. As part of a plea deal, that charge will be dismissed.
The new charge does not specify the age of the victim and carries a shorter potential sentence. He could receive up to 11 years in prison at sentencing April 30. The original charge carried a possible life sentence.
Judge Jeannine Pratt found Cost guilty and ordered a pre-sentence investigation.
He will be classified as a Tier III sex offender at sentencing. The designation will require him to register his address at the sheriff’s office in the county where he lives every 90 days for the rest of his life after prison release.