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Disciplinary Counsel v. O'Neill9/7/2004
k of recollection she testified that it was not a conversation that she would participate in since she believed that by ordering a PSI a judge indicated that they would be willing to consider probation for an offender. She would not give that kind of indication unless and until she had reviewed the Court's file. She would not have had seen the Bivens file at the time Pierce testified he spoke to her. She testified that after review of Bivens prior juvenile and adult record she concluded this case was in a category in which she would not have considered probation as part of a sentence and a PSI was unnecessary. (Transcript Vol. V -- 179-181, VII -- 9 - 13)
65. LANE: Testimony taken from Sue Ann Reulbach, (prosecutor)(Transcript Vol. III -- 149-176), Jeffrey Bobbitt (public defender)(Transcript Vol. III -- 176-206), Sandy Grego (Court reporter)(Transcript Vol. III -- 189-206), Sheryl Pritchard (prosecutor)(Transcript Vol. III -- 206- 214), Dan Cable (prosecutor)(Transcript Vol. III -- 216-219) and Judge O'Neill (Transcript Vol. V - 186-199, VI -- VII -- 13-19, 137, 169-172, 175-176). (Exhibits 180-188)
66. In February 1999, William Lane was indicted for multiple felonies relating to a bank robbery in Columbus. Because of his habit of committing robberies in nightwear, he had gained notoriety as the "pajama bank robber." At the first pretrial before Judge O'Neill on March 25, 1999 Lane unexpectedly offered to plea to the indictment. Jeffrey Bobbitt (admitted 1982, Franklin County Public Defender, Staff Attorney since 1982) was defense counsel and Sue Ann Reulbach (admitted 1985, Franklin County Prosecutor's Office since 1991, Senior Trial Staff) was the assigned prosecutor. Around 9:30 am counsel approached and informed Judge O'Neill there would be a plea. When Judge O'Neill wanted to proceed to sentencing, Reulbach explained that the victim, a bank teller, requested to be present and to make a statement at sentencing as required under the Ohio Victims Rights Act. (O.R.C. 2930.14) Reulbach requested that the matter be continued to that afternoon or the next day to secure the attendance of the victim. Judge O'Neill asked Reulbach why the victim was not subpoenaed that morning. Reulbach explained that the plea was not expected and victims are not usually present at the first pretrial. Reulbach testified that Judge O'Neill denied the request to reschedule and stated, "Absolutely not, we are going to proceed. I'm going to get this case off my docket." (Transcript Vol. III -- 154-156) Reulbach called the victim who was at work at the bank but she could not leave her job at that time.
67. When Judge O'Neill requested that counsel take their places to do the plea and sentencing, Reulbach refused to proceed until she put on the record that she was not able to comply with the victim's rights statute. Reulbach and Bobbitt testified that a back and forth banter ensued between Judge O'Neill and Reulbach. Reulbach requested to make a record on the victim issue and Judge O'Neill refused to go on the record. As this back and forth continues, Bobbitt observed that the court reporter Grego looked like a marionette with her hands going on and off on the stenotype machine as Reulbach requested a record and Judge O'Neill ordered the record not be taken. Reulbach respectfully but insistently refused to proceed with plea and sentencing until the victim's presence was arranged or she made a record on the absence of the victim. Both counsel testified that Judge O'Neill, not the court reporter, determined that no record would be made. None of these conversations appeared in the transcript. (Transcript Vol. III - 182-185, 156-158) (Exhibit 186) Judge O'Neill stated in her Answer to the Amended Complaint at Para. 20
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