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Disciplinary Counsel v. O'Neill9/7/2004
7 that "Ms. Reulbach could proffer anything at any time with the court reporter. She additionally avers that the court reporter, Sandy Grego, refused Ms. Reulbach an opportunity to proffer." Grego testified that she did not take a record that day because Judge O'Neill "said no" and at that time, "you couldn't make a proffer unless Judge O'Neill agreed." If Reulbach had asked for a proffer, Grego would have had to ask Judge O'Neill for permission. (Transcript Vol. III -- 25, 194, 203)
68. Reulbach left the courtroom and returned with Ron O'Brien, the Franklin County Prosecutor. O'Brien gave Judge O'Neill a copy of the victims' rights statute and requested that Lane's plea be postponed until 3:00 pm when the victim could be present. Judge O'Neill agreed to postpone the plea but offered Bobbitt the opportunity to withdraw Lane's plea based on the morning's events. Bobbitt refused this offer at Lane's insistence and the plea and sentencing take place that afternoon, including testimony from the victim. (Exhibit 186) Judge O'Neill testified that Reulbach was posturing and delaying to allow time for the news media to arrive for the sentencing. (Transcript Vol. V - 193-195). Reulbach denied calling any media, believed they were already in the building that morning and when the plea did take place, no media were present. (Transcript Vol. III - 168-173)
69. The following morning Judge O'Neill observed Reulbach and Grego conversing briefly. Judge O'Neill then told Grego that Reulbach was considering charges against Grego for her failure to take a record in the Lane case. Grego asked Reulbach about this a couple days later and Reulbach stated she had no intention of making any charges against Grego. (Transcript Vol. III -- 198) (Exhibit 197)
70. WOERNER: Testimony taken from Michael Siewert (defense attorney)(Transcript Vol. IV -- 80-139), Christian Domis (prosecutor)(Transcript Vol. IV -- 139-155), Brenda Judy (Courtroom Deputy)(Transcript Vol. IV -- 181-202), Sandy Grego (Court reporter)(Transcript Vol. IV -- 156-163, 175-178), Judge O'Neill (Transcript Vol. V -- 199-229, VI -- 163-167) (Exhibits 189-214).
71. Roger Woerner was originally charged with a misdemeanor domestic violence charge and arraigned in Franklin County Municipal Court. He attended two court dates in Municipal Court. The misdemeanor indictment was then dismissed in favor of a two felonies filed in Franklin County Common Pleas Court, which is located in the same courts complex, but in a different building. Woerner's first appearance on the felony charges was in the Municipal Court building. Woerner was released on a $5000 personal recognizance bond. The felony case was assigned to Judge O'Neill and set for a pretrial on March 2, 2000. The pretrial was scheduled for 9:30 am. The defense attorney was Michael Siewert (admitted in 1984, private practice criminal defense and traffic). Siewert arrived that morning before 9:30 am, checked in and left his associate, Gary Dicker in the courtroom while he checked on other cases he had that morning. Siewert had learned from Christian Domis, the assigned prosecutor (admitted 1998, Franklin County Prosecutor since 1998, then assigned to the abuse unit) that the plea offer was an F-5.
72. Woerner arrived at 9:55 am, 25 minutes late. His explanation was that he had gone to the Municipal Court building. Siewert conveyed the plea offer, which his client rejected. The case was called for the pretrial around 11:00 am. In the transcript Judge O'Neill learned that the plea had been rejected and consistent with her policy that there would now either be a plea to the indictment or a trial, Judge O'Neill then stated: "Okay. March twenty-second is the trial date, and bond
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