 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Disciplinary Counsel v. O'Neill9/7/2004
nal hearing commenced on May 19, 2003. Additional hearing dates were added in August 2003 and February 2004 based upon the progress of hearings and with the consent of the parties.
5. Because of the factual complexity of the Amended Complaint, the number of different incidents alleged and witnesses involved, the panel chair ordered that the final hearing not proceed in the traditional manner but rather proceed Count by Count. The purpose was to hear all the testimony relating to each factual incident in as close proximity as possible. As nearly as practicable, Relator and Respondent both presented their evidence on each separate Count before proceeding to present evidence on the next Count. The parties proposed and the hearings proceeded on Count 1, then Counts 2-4, then Count 5 and then Count 6. When the Relator rested on each Count or group of Counts, Respondent made Motions for Dismissal which were opposed by Relator and denied by the Panel. The Respondent then proceeded with her evidence on the Count being heard. Evidence relating generally to mitigation was taken throughout the final hearings. The parties submitted final arguments in written briefs.
6. Despite the complex and hotly contested nature of these proceedings the Panel notes with appreciation and gratitude that counsel for Relator and counsel for Respondent presented this matter in an extremely civil and professional matter.
7. The six count Amended Complaint alleges violations of the Disciplinary Rules and Canons of Judicial Conduct. The factual incidents involved date from 1997 through 2002. This report will cover each Count of the Complaint separately making findings of fact and conclusions of law as appropriate to each Count. This report, for consistency, will use the descriptive labels that appear in the Amended Complaint and/or the name of the primary party involved to organize findings of fact.
FINDINGS OF FACT
8. COUNT 1 alleged that Judge O'Neill held ex parte conversations, failed to exercise judicial discretion and failed to follow the law. The panel heard evidence relating to 11 factual incidents, detailed below and identified by the names of the parties involved.
9. BIRCHLER: Testimony taken on behalf of Relator from Kenneth Birchler, (defendant) (Transcript Vol. I - 115-150), Barry Littrell (defense attorney) (Transcript Vol. I - 27-112), Angela Canepa, (Director of Sex Offender's Unit, Franklin County Prosecutor) (Transcript Vol. I - 153-195) Professor Lewis Katz (Transcript Vol. IV -- 8-80), Judge O'Neill, (Transcript Vol. V - 6-59, Vol. VI -- 185- 197, Vol. VII, 159) and on behalf of Respondent from Rachel Ginsburg (Franklin County Probation Department, Sex Offenders Unit Supervisor) (Transcript Vol. IV - 81-119) Judge William J. Corzine (Transcript Vol. XI -- 155-183), Judge Richard E. Parrott (Transcript Vol. XI -- 183-212), former Judge Lewis E. Williams, Jr. (Transcript Vol. VII -- 73-194), former Judge Gary Tyack (Transcript Vol. VI -- 37-71), former Judge Ann Marie Tracey (Transcript Vol. XII -- 35-87) and Judge O'Neill, (Transcript Vol. VI -- 185- 197, Vol. VII, 159), Stipulated Exhibits 1-45, (Relator's Exhibits A, B), (Respondent's Exhibits A, D).
10. Kenneth Birchler was charged with multiple counts of rape, sexual assault and kidnapping relating to an incident, which occurred in 1997 while he was working as a maintenance man in an apartment complex. The victim alleged that he had sexually assaulted her while he was in her apartment to perform maintenance.
11. Barry Littrell represented Birchler. Littrell was admitted to practice in 1983 and has a general practice in central Ohio. Birchler admitted to being in the victim'
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|