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Disciplinary Counsel v. O'Neill9/7/2004
ol. 1 - 146)
23. Birchler attempted another sex offender counseling program that refused to admit him until he admitted to a sexual assault. "I just decided to go ahead and do the three months in jail, because I didn't want to take the chance of Judge O'Neill -- she'd already threatened me with the fact that she was going to take me back up on the original charges if I didn't comply with the sentencing that she'd sentenced me on I said, "I'll just go ahead and do the three months and get it over with." I didn't want to, but I did. " (Transcript Vol. I - 147)
24. Professor Lewis Katz is the Hutchins Professor of Law at Case Western Reserve University and he has taught Criminal Law and Criminal Procedure for 37 years. Regarding Birchler he testified that the withdrawal of a plea under Ohio law is the right of a defendant only. An Alford plea is a plea of guilty to the charge with protestations of innocence. Given the mandate from the Court of Appeals, the Court should have amended the conditions of probation in some fashion to eliminate the need for sexual offender counseling, either by removing the requirement of admitting a victim or substituting other counseling. (Transcript Vol. IV - 23-25)
25. Judge O'Neill's testimony was that at the remand hearing she just wanted to get Birchler back to square one given that there had been a lack of understanding. She maintained in her Answer and in testimony that Canepa had told her before the remand hearing that the State felt defrauded by the "ruse" of Birchler's Alford plea. She admitted that that position was clearly inconsistent with Canepa's testimony at this hearing and Canepa's willingness to consent to amend Birchler's probation requirements at the time of the revocation and at the time of the remand. Judge O'Neill believed that this inconsistency was due to the State feeling "stuck". (Transcript Vol. V - 46-49)
26. NEZVALOVA: Testimony taken on behalf of Relator from Joseph Edwards (defense attorney)(Transcript Vol. I -- 197-228), Renee Amblin (prosecutor)(Transcript Vol. I -- 228-257), Corrina Vaughn (supervising prosecutor)(Transcript Vol. 257-287) and Judge O'Neill, (Transcript Vol. V - 60-91, VI - 197-202), (Exhibits 46-75)
27. Three non-U.S. citizens, Lenka Nezvalova, Peter Janik and Marcel Stasko were arrested by Columbus police in the act of using cocaine. They were charged with F-5 drug offenses. They were at first all represented by W. Joseph Edwards, admitted to practice in 1985 with a criminal defense and personal injury practice in Columbus. Prior to indictment Edwards had approached Cindy Taylor, the head of the Narcotics Unit of the Franklin County prosecutors office to discuss a deal in which his clients would cooperate, give information and make introductions for the police in return for these first-time charges being dropped against the clients. Since the defendants were not citizens, even a plea to a first-degree misdemeanor was a deportable offense.
28. At the time of the first pretrial in September 13, 2000, the prosecution, represented by Corinna Vaughan would not consider dismissal until the defendants actually met with the police and were "debriefed". Vaughan and Edwards appeared at the pretrial and asked Judge O'Neill for a 2-4 week continuance of the trial to accomplish that debriefing session. Judge O'Neill refused a continuance and reminded the parties of her procedure that she will entertain pleas only at the pretrial and after the pretrial she will only accept a plea to the indictment. Counsel were unsuccessful at persuading Judge O'Neill to alter her policy or grant a continuance. In conversations at the sidebar, Judge O'Neill became frustrated and angry with coun
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