 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Disciplinary Counsel v. O'Neill9/7/2004
als and only accepting pleas at the pretrial. According to Mulrane, Judge O'Neill's courtroom is the only courtroom he could recall in which public defenders have refused to participate on the trial date. He testified that the office takes a very conservative position on continuance requests and rarely has any difficulty. He believed that Pokorski had done what she had to do to preserve her client's right to effective assistance of counsel in the circumstances. (Transcript Vol. II - 80-81)
40. Professor Katz testified that the purposes of bond are to set an amount of and with conditions that will assure the defendant's presence at a later time. Bond is typically set at the first court appearance and continues until the disposition of the case by plea or verdict. It was his opinion that Montoya's bond was revoked because the defendant's attorney was not willing to proceed to trial and that was inappropriate. He was unaware of any citations to the concept of a short bond in Ohio or anywhere covered by the Westlaw database. (Transcript Vol. IV - 29-34)
41. Respondent called Judges Corzine and Parrott and former Judge Tracey. They testified that factors regarding setting bond involve what is necessary to secure the appearance of the defendant. Bond revocation occurs primarily when a defendant fails to appear and usually any other factors causing revocation are brought up by the prosecution. Depending on the particular case revocation can occur as a result of specific acting out or threats made by the defendant or complaints of harassment made by victims or witnesses. The actions of counsel do not affect bond revocation. (Transcript Vol. XI -- 168, 178 197, 199-200, XII -- 50-51)
42. RIGHTER: Testimony taken on behalf of the Relator from Sean Dominy (defense attorney)(Transcript Vol. II -- 173-193), Douglas Righter (defendant)(Transcript Vol. II -- 193-211), Trent Turner (prosecutor)(Transcript Vol. II -- 211-237), Sandy Grego (court reporter) (Transcript Vol. IV - 162-166) Judge O'Neill (Transcript Vol. V -- 113-133, VI -- 176-186) and Carolyn Bostic. (deputy sheriff)(Transcript Vol. XVIII - 7-13) (Exhibits 103 -- 114)
43. Douglas Righter was indicted on multiple felony counts related to a drive-by shooting. Earle "Duke" Frost and Shawn Dominy represented him. His case was set for trial before Judge O'Neill on Monday, March 20, 2000. Several sidebar conferences occurred that morning among Frost, Dominy, Trent Turner, the prosecutor, and Judge O'Neill. Righter was also present in the courtroom with family members. The prosecutor offered a plea to the indictment dropping the gun specification but Righter wanted to go to trial. Judge O'Neill told counsel that the case must be submitted to the jury by Wednesday because she was going on vacation. Judge O'Neill admonished counsel to have their witnesses ready at the courthouse and stated that they would work till midnight each day if necessary. Judge O'Neill then stated to Dominy in the presence of Turner "if he's going to trial today, I am going to -- I am going to revoke his bond." (Transcript Vol. II - 221, 179-180) Turner recalled Dominy stated that his client was on bail and had appeared both times as required and asking how his client would be able to assist him in trial preparation if he is in jail. Judge O'Neill stated that Dominy can speak to his client "in the back," the courtroom lockup, and repeated, "Well, I'm going to revoke him." Turner testified that the judge's statements about bond revocation surprised him since he did not request it and he was not aware of any reason for a bond revocation. (Transcript Vol. II -- 221, 223-224)
44. Righter was in the courtroom and observed the sidebars and partially
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.
|
|