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Disciplinary Counsel v. O'Neill9/7/2004
d to plea to the indictment. (Transcript Vol. II -- 133-135) Judge O'Neill denied that she said anything about being bored: "I'm never bored." (Transcript Vol. V - 154)
56. Pritchard, (admitted in 1992, with the Franklin County Prosecutor til 2002, now with the Ohio Attorney General) testified that the harsh tone and content of Judge O'Neill's rejection of the plea was striking particularly because Rogers had a reputation as extremely respectful and professional lawyer (Transcript Vol. II -- 162-163). Rogers discussed the two choices with Nash: plea to the indictment or trial. Nash was very alarmed and suspicious of Rogers but agreed to plea to the indictment. (Transcript Vol. II -- 133-135) (Exhibit 135)
57. Judge O'Neill sentenced Nash to 12 months and concluded by stating; "He will be doing less than five months, which is less than he would have gotten if we had done the misdemeanor." (Exhibit 146 p. 9) Rogers testified that this was wrong since jail time credit would have reduced a six-month sentence on the misdemeanor to less than 3 months. Rogers was disturbed that Judge O'Neill made that comment in front of his client who then wanted to complain. Rogers testified that while he wrote letters defending Judge O'Neill from criticism in earlier years now he testified, "I would prefer to avoid that courtroom.... It's an uncomfortable courtroom.... And it's very volatile." "I fear that something will be said to scare my clients or embarrass me." (Transcript Vol. II - 140-141, 152-153)
58. BURTON V. NICHOLSON: Testimony taken from John Waddy (plaintiff's attorney) (Transcript Vol. III- 68-117), Shelia Vitale (Judge O'Neill staff attorney) (Transcript Vol. III -- 117-149), Judge O'Neill, (Transcript Vol. V - 159-177), (Exhibits 147-166)
59. John Waddy represented Laura Burton in a civil case regarding an auto accident claim. He had received a policy limits offer from the defendant's insurer but could not accept it and dismiss the pending case until he received consent from the plaintiff's underinsurance carrier. At a final pretrial with Shelia Vitale, Judge O'Neill's staff attorney, he explained the situation and Vitale made a note on the file that it was resolved but cannot be dismissed yet. The case file went through normal processing and a dismissal entry was posted. Waddy tried unsuccessfully with phone calls to Vitale and the bailiff and a written motion to vacate the dismissal entry. He filed an appeal and the Tenth District Court of Appeals reversed the dismissal. Judge O'Neill testified that this matter "fell through the cracks" and that there were some communication problems due to a death penalty case and other events occurring in this time period. Upon remand the case was stayed until completely resolved. Waddy testified that the appeal delayed resolution of the case since the underinsurance insurance carrier would not negotiate until the appeal about the dismissal entry was resolved.
60. BIVENS: Testimony taken from David DeVillers (prosecutor) (Transcript Vol. III -- 8-35), Timothy Pierce (public defender)(Transcript Vol. III -- 35- 68), Sandy Grego (Court reporter) (Transcript Vol. III -- 19-35) and Judge O'Neill (Transcript Vol. V -- 177-187 and VII -- 9 -- 13), (Exhibits 169-179)
61. Brandon Bivens, 19 years old, was indicted on two drug possession charges (F-4 and F-5). Trial was scheduled for June 3, 1999 before Judge O'Neill. Bivens was represented by Public Defender Timothy Pierce (admitted 1989, with Franklin County Public Defender since 1990). Prosecutor David DeVillers (admitted 1992, Franklin County Prosecutor's Gang Unit 1997-2001, US.Attorney's Office, Criminal Division since 2002) was assigned to the case since Bivens
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