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Disciplinary Counsel v. O'Neill9/7/2004
d arraigned on those charges. A stay-away order connected with criminal charges is in effect only as a condition of bond. If a criminal defendant violates a stay-away order, the prosecution can make a motion to revoke bond. A stay-away order ends with the resolution of the criminal case. In contrast, a CPO gives police authority to make an immediate arrest of a defendant when they violate the terms of the CPO. After an evidentiary hearing, a CPO can be effective for up to 5 years. (Transcript Vol. 245-247)
157. That Monday afternoon, January 25, 2000, the matter was assigned to Judge O'Neill as the duty judge. Freeman's petition stated "the respondent is responsible for many unwanted phone calls and unwanted visits to the petitioner's home and workplace and well as written correspondence." (Exhibit 410)
158. In the hearing transcript Judge O'Neill asks Freeman 'why are you filing this?' and she relates "I continue to have unwanted phone calls, unwanted visits to my home."(Exhibit 421 p.2) Judge O'Neill asks when the last incident occurs and Freeman discloses the last incident had occurred "just this past Wednesday" and that Freeman had called the police and Hopkins had been arrested. Judge O'Neill asks for no other information about the ex-boyfriend's harrassment. Instead, the remainder of the hearing involved Judge O'Neill taking issue with the ex-boyfriend's arrest on the criminal trespass charge and questioning why the exboyfirend had still not been arrested by Columbus Police. Judge O'Neill advised "Well I think you need to work with the Columbus Police. How are you going to serve him with notice of this? .... You have far greater power if you just do your job right, that is to contact the police, they go out, arrest him, they bring him to jail, arraign him and they issue a no-contact order as a condition of his bond. It makes all of this unnecessary because this is not going to be any good if I sign it because you have no way of serving it on him if you don't think he lives at this address." (Exhibit 421 p.5) When Simendinger stated that they knew where Hopkins lived, Judge O'Neill again asked "Why don't you call the police?" Simendinger then explained that her supervisor, Leslie Ashworth of the Domestic Violence Unit advised Simendinger to obtain a CPO because a criminal stay-away order doesn't give the police power to arrest on the spot like a CPO. Judge O'Neill agreed but again advised Freeman to file a criminal complaint stating, "It's much stronger if you have criminal charges pending." She finally advised them "Get the police to arrest him, sign a complaint with a warrant for his arrest, and then put on the file to the police that the victim insists on having no contact with him, a Stay-Away order. Okay." (Exhibit 421 pp. 6-8) With that comment, the hearing ended.
159. Simendinger testified that Judge O'Neill never invited them back and did not say "if you can't get what you need in criminal court come back and see me." (Transcript Vol. VIII -- 248 -- 250) Sandy Grego, the court reporter, likewise recalled no off-the-record conversations or invitations for Freeman to return. (Transcript Vol. VIII -- 212)
160. On the following day, January 26, 2000, Freeman, accompanied by Simendinger, returned to Court and had another hearing on her CPO petition before Judge David Cain, the administrative judge. This hearing was arranged by Leslie Ashworth. Judge Cain granted an ex parte CPO. (Transcript Vol. VIII -- 248)
161. Judge David Cain testified that the Freeman matter was brought to his attention as administrative judge. He was told by Freeman and Simendinger that Judge O'Neill had not given Freeman a chance to explain why she wanted this CPO and had tol
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