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Disciplinary Counsel v. O'Neill9/7/2004
Zeyen turned and saw the boyfriend leaning over covering his mouth to whisper and realized "they" were the Seals party. Zeyen and Dimitrew quietly walked out of the courtroom with the Seals party to the witness conference room. (Transcript Vol. XII -- 180-185,212-215)
207. Zeyen returned to the courtroom with Leslie, asking the daughter and boyfriend to wait in the conference room. He believed that Judge O'Neill was yelling at the boyfriend and that Leslie, as the victim had the right to be present.
208. The plea transcript (Ex. 498) reflected that as the plea began Judge O'Neill stated, "I said out of the courtroom" and Zeyen said, "Judge, this is the victim". At sidebar, Judge O'Neill told Zeyen "I don't blame you but there was an incident earlier and I ordered them out of the courtroom." Zeyen asked that the victim be allowed to be present and Judge O'Neill refused. (Transcript Vol. XII -- 220) Zeyen completed the plea without Leslie Seals' presence. (Transcript Vol. XII -- 224) Zeyen wrote on his case file that day "Judge O'Neill screamed at victim for 'talking' in courtroom and wouldn't allow her in courtroom for plea." (Exhibit AA)
209. When Zeyen returned to the conference room he described Leslie Seals as "completely broken down." Dimitrew and Zeyen arranged and transported Laura Seals for emergency consultation at Healthnet, a local mental health facility. Laura Seals did not appear at the subsequent sentencing of Cribb. Neither Zeyen nor Dimitrew had ever observed a crime victim treated in this fashion in a courtroom, nor had they ever had to arrange mental health treatment for a victim after a court appearance. (Transcript Vol. 191-193, 203, 221-224)
210. Judge O'Neill testified that over the course of the morning between 9:00 am and 11:00 am when Zeyen and Dimitrew were not in the courtroom she had to ask for quiet repeatedly. She believed she had asked the Seals party to leave more than once. She denied that she ever yelled or screamed. (Transcript Vol. XVI -- 202-203) In her Answer she plead at 479 that "the victim at one point did re-enter the courtroom and was present for the plea." At hearing she testified that Seals was not present for the entire plea colloquy. (Transcript Vol. XVI - 204-207)
211. HUDSON/JASON YOUNGER: Testimony taken from Jason Younger (probation officer)(Transcript Vol. XII -- 238-269), Scot Weisman (defense attorney)(Transcript Vol.VII-212-246), Jessica Flaherty (Transcript Vol. XIII -- 6-43), Sandra Hicks, (Transcript Vol. XIII -- 43-65) Dane Chavers (Transcript Vol. XIII -- 65-84), Judge O'Neill (Transcript Vol. XVI -- 225-236, XVII -- 125-126) (Exhibits 459-470), (Relator's Exhibit R)
212. On January 31, 2000 Jason Younger (Franklin County Probation Officer since 1994, BA in Criminal Justice, working on a master's degree) appeared at a probation revocation hearing for Hudson. At the hearing Hudson was represented by Scot Weisman. (Exhibit 460).
213. Judge O'Neill revoked Hudson's probation and ordered him to serve his one-year sentence less 199 days of jail time credit. Weisman appealed Hudson's revocation. In December of 2000 the Tenth District Court of Appeals reversed the revocation and remanded the case for further proceedings. (Exhibit 459) At that point Hudson had served 517 days of jail time credit, in excess of his original sentence. (Transcript Vol. XII -- 243-244) ====================================[ 105 ]====================================
214. The case was set for a miscellaneous hearing before Judge O'Neill on December 15, 2000. Younger and Weisman had a discussion with Judge O'Neill at sidebar. Weisman, with Younger's consent, explained that Hudson had su
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