Judge weighs in on newspaper theft issues
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To the editor:
A few weeks ago, you lamented over the theft of your product from one of your distribution points, i.e., Great Scot in Hillsboro. You stated, "I'm not a lawyer, so I'm not sure where Ohio stands on this issue."
Well, after studying law since 1977, I have no choice but to admit to being a lawyer.
Further, since I've been the judge who has umpired this kind of stuff in our community for the past 10 years, I'll offer a few thoughts.
Ohio Revised Code section 2909.07(A)(1) states that: "No person shall: without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another."
A person found guilty of this crime can be sentenced to 60 days in jail, fined $500, be ordered to pay restitution and complete up to 500 hours of community service, and be placed on reporting probation for up to five years.
In less complicated terms, you can get into some serious doo-doo for messing with other people's stuff!
Let me be clear about the law. Those papers were your (The Highland County Press') stuff. They were not garbage to be hauled off. Businesses from all over our community paid for the opportunity to advertise to our
citizens in your publication.
As you pointed out, your company paid employees to create the newspaper and you paid to produce the product.
What is more disturbing and disturbingly ironic, is that the so-called leaders of the "free press" would resort to criminal behavior to fight competition. I guess you have to conclude that the old-fashioned, American way of working harder just isn't as attractive as being a thief.
Oliver Wendell Holmes said, "Free competition is worth more to society than it costs." The Ohio Revised Code says, "No person.....shall, solicit or procure another to commit the offense (or) aid or abet another to commit the offense." Section 2923.03(A). This is called "complicity" or being an accomplice, and the possible penalties for being an accomplice are the same as committing the offense.
Now, if there really is a videotape of a person taking papers from Great Scot, and (hypothetically speaking) if that person were acting at the behest of a rival publisher, and if that publisher were stupid enough to leave a trail of communications (e-mail?) about the whole pathetic episode, you might even have a conspiracy. You certainly have a conundrum.
Fortunately, Hillsboro has a very capable police department to investigate crimes, and an able prosecutor to bring any charges to trial.
The same Constitution that has guaranteed freedom of the press for more than 200 years, will guarantee a fair trial for anyone involved.
I am confident that all defendants would find excellent legal representation from the defense attorneys of the Highland County Bar Association at a very reasonable cost.
Finally, (and again, hypothetically speaking) in the event that someone is found guilty of a crime by a jury made up of the fine citizens of Highland County, I will endeavor to craft a just and appropriate sentence.
It really shouldn't be difficult.
The Paint Township trustees usually need community service workers to clean up dead skunks on Snake Road.
Sincerely,
Judge David H. McKenna
Hillsboro Municipal Court
Editor's note: Regarding the videotape in question, it most certainly did exist on Oct. 9. At least four people viewed the video that day. Numerous requests have been made for a copy of the security video.
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