By NEWS9
STEUBENVILLE, Ohio —
Judge Thomas Lipps ruled early Wednesday to continue the trial of two Steubenville High School student-athletes who are charged with raping another teen.
The trial was originally scheduled to start on Feb. 13, but the judge moved the start of the trial to March 13. It is expected to last through March 15.
The judge further ruled that the trial will take place in Steubenville and denied defense attorneys’ several motions for a change of venue.
In addition, the judge is allowing for the media and public to be present in the courtroom.
Another motion filed by defense attorney Walter Madison to refer to the teenage girl as “the accuser” in this case was also denied.
http://www.wtov9.com/news/news/trial-continued-teens-charged-steubenville-rape-ca/nT96J/
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The judge granted defense attorney Walter Madison’s request for a private investigator to look into the case further for his client.
I sure hope his previous guardians who took him on a California vacation over the Christmas holiday are paying for this and not the taxpayers of Ohio.
According to the WTOV9 article, “Aside from the continuance, the only other motion that was granted was Madison’s request for the court to pay for a private investigator to look into the matter further on behalf of Madison’s client.”
So it looks like the court (i.e. taxpayer) is paying for the private investigator.
Had Prosecutor Jane Hanlin properly handled the rape case and investigation at the outset by disqualifying herself immediately instead of two weeks after the fact, there would have never been a need to NOW have a new investigaor on the case.
Most prosecutor’s offices have their own investigators who could have helped retrieve evidence. Had a special prosecutor from another county been appointed immediately, his investigator could have done much of the leg work. Prior to her mentor Thomas Straus, every Jefferson County Prosecutor had an investigator on staff. Jane Hanlin and Thomas Straus, however, didn’t want to step on the toes of the Steubenville Police. Why not? Is there still a Rex Cigar Store somewhere or an afterhours Murray’s lounge doing business?
Had Jane Hanlin called in the attorney general’s office immediately instead of relying upon her husband’s police force, a full investigation would have been done at that time.
Since it seems pretty clear that Jane Hanlin and her prosecutor staff and buddies, her law partners, the Steubenville Schoool System, and all the local protectors of Roll Red Roll did’t want a proper investigation in the first place, the prosecutor’s office should foot the bill for the defense investigator from HER existing annual prosecutor budget.
Better yet, why not Jane Hanlin’s private law firm to which each member receives a public salary as assistant prosecutors chip in the money for the defense’s investigator. Or why not the school board from their budget. Why not Jane Hanlin’s former sisterhood of school board members (Frank Bruzzese’s wife) chip in some of her public salary.
When Jane Hanlin was appointed the county prosecutor she said she was going to be a “part time” prosecutor instead of a “full time” prosecutor. She said that way she would save the taxpayers money. What she didn’t say was that by only becoming a “part-time” prosecutor, at “part-time” pay she could still carry on her private law practice, her jobs with Trinity Hospital and any other outside income.
Every other prosecutor before her was a “full time” prosecutor devoted “full time” to the interests of the people of Jefferson County (even Thomas Straus). Every other county in the Ohio Valley, including West Virgina, has “full time” prosecutors and many with “full time” investigators. Harrison County, Belmont County, Columbiana County, Tuscarwarus County, Mahoning County, Ohio County, Brooke County, Hancock County, etc.
But, I guess, because Jeffeson County/Steubenville has so few firearm and shooting crimes, low drug offense crimes, no murders, no Chicago gangs, etc. there really is no need for a “full-time” prosecutor and staff. If technically, there is a 40 hour work week, 20 hours per prosecutor and her staff should be sufficient. That way they can devote 60 hours a week to making money in the private sector.
I for one would prefer a “full-time” prosecutor and staff devoted to protecting the county “full-time” with no other personal and financial distractions.
I don’t want to get political, but maybe it’s time for former prosecutor Bryan Felmet to announce his intentions for the Bruzzese Judgeship, Kerr Judgeship or Hanlin Prosecutorship when she loses her law liscense.
Would love to see Bryan Felmet come back…..
If I’m not mistaken Madison was not appointed by the court. If not, how can taxpayer money be used for a private investigator? If we the taxpayers are funding the private investigator then Madison should also be taken off the case and Richmond should have a court appointed attorney. Can someone please explain how you can have it both ways?
Using taxpayer money is not going to make our taxes go up in any way so I’m all for it whoever pays for it.
Good Judicial Rulings!! Basic law, common sense and justice will be served.
The right of an indigent defendant in a criminal case to have the assistance of counsel is a fundamental right guaranteed by the Sixth and Fourteenth Amendments. (Gideon v. Wainwright, 372 U.S. 335) [U.S. Supreme Court 1963]
The high school defendants are “indigent.” It is fortunate that someone has decided to retain an attorney for them rather than a taxpayer court appointed one. Section 2151.353 of the Ohio Revised Code entitles all juvenile indigent parties in juvenile proceedings to appointed counsel.
The judge set a limited amount in fees ($2500) plus out of pocket expenses for investigative services.
“Due process, as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Section 16, Article I of the Ohio Constitution, requires that an indigent criminal defendant be provided funds to obtain expert assistance at state expense only where the court finds, in the exercise of sound discretion, that the defendant has made a particularized showing (1) of a reasonable probability that the requested expert would aid in his defense, and (2) that denial of the requested expert assistance would result in an unfair trial.” State v. Mason, 82 Ohio State 144 (Ohio Supreme Court 1998)
This is not the Judge’s first Rodeo. As a matter of fact,, he appears to be the grand champion over the past 30 plus years in the Juvenile Justice system’s arena.
When all the dust finally clears and the Rodeo clowns have left the arena, and the bull manure is cleaned up from the ground, there is little doubt, in my mind, that those that should be roped in, put down and hog tied will be.
I also believe that, if the proceedings bring out any potential unethical conduct of any attorneys, any way involved in the matter, that the judge will fulfill his ethical obligations and he, himself, will report such conduct to the Ohio Supreme Court’s Disciplinary Counsel. The question is whether or not the defense will “shine a light” on those issues (the conduct of the local prosecutor) or merely and simply go with their single defense of “consent.” (A sure losing strategy.)
Only about forty days left til ‘MARCH MADNESS.’
I wonder if and I stress “IF” evidence of a corrupted initial investigation presents itself to newly hired private investigator would that information solely lay in the hands of the defense attorneys or would the investigative report in whole be presented to the court?