Court finds Blaine 'technically' violated bond; does not revoke house arrest

Highland County Common Pleas Court Judge Rocky Coss found Greenfield resident Jim Blaine to be "technically in violation" of the terms of his house arrest, but Coss chose not to send Blaine back to jail after he went to the home of one of his "congregants" following the death of a family member.

Earlier this month, Blaine pleaded guilty to one count of forgery, a felony of the fifth degree, and aggravated theft, a felony of the third degree. The theft charge alleged that Blaine had stolen more than $100,000 from the Good Shepherd Church in Greenfield. The remaining charges on the 17-count indictment filed in May were dismissed. The state has recommended three years in prison, with restitution between $200,000 to $250,000. Blaine resigned from the Good Shepherd Church in September 2009. 

The Highland County Prosecutor's Office requested a bond hearing Monday after they were informed by the Highland County Probation Department that Blaine had an alleged violation of his bond on Saturday, Aug. 21. 

The state, represented by Highland County Prosecutor Jim Grandey made opening arguments alleging the violation, and defense attorney Marc Ross said they were prepared to defend against the allegations. 

The state called Blaine's parole supervisor Gary Breeden, Dept. Jeff Jury of the HCSO, and Barb Shoemaker of Highland County Victim/Witness Protection. 

Blaine later took the stand in his own defense. 

Blaine said that he has a congregation of 40-50 people who left the Good Shepherd Church when he did. Blaine said he ministers to them, that they informally meet at his home, and he considers them his congregations. Grandey asked Blaine if he was payed by this congregation and Blaine said that he was and he had checks to back that up.

Blaine said that on April 21 a family of his congregation called and requested his presence at their home following the death of their 19-year-old son. Blaine testified that he called Breeden to request permission to go to the residence and then stated he went over his paperwork regarding house arrest. 

"I tried to get ahold of somebody that could give me permission and I couldn't reach anyone," Blaine said. "So I went back and I looked at the conditions of my bond that Judge Coss had originally stated, and the first thing it said was I can go to my work. And I consider this to be my work. As a pastor, you go to where there are hurting people."

Breeden had testified that the HCAPA had Blaine listed as being unemployed. Grandey asked Blaine if it was true he had resigned from the Good Shepherd Church. Blaine said he had resigned from that church, but he never stopped being a pastor.

"I still hold my credentials," Blaine said.

Blaine said he had great concern for the safety of one of his congregants following the death of her son, and he feared she might be suicidal. 

Blaine said that when he arrived at the home the HCSO was there, including Dep. Jury. On cross examination, Ross questioned Jury on the scenario at the home, asking if he felt it was an emergency situation. 

"I believe it was," Jury said. "There was a death in the household."

Ross asked if Jury felt Blaine helped the situation, and Grandey objected, saying whether or not Blaine helped the situation or not was not the purpose of the hearing. Coss sustained the objection. 

In closing arguments, Grandey said the state has tremendous sympathy for the family in question but, "We do believe (Blaine) violated the terms and conditions of his bond."

In May, Coss revoked Blaine's bond and incarcerated him in the Highland County Justice Center for five days after he left the county to attend church and later went to a fast food restaurant to eat.

Ross said, in closing, "My client has not thumbed his nose at this court in any way. This was an unusual emergency situation that arose. My client has played by the rules in front of him. My client has been very, very compliant with the exception of this one  unique incident. Being a pastor is very different from being a lawyer, from being a plumber, what have you, where you go to an office or a certain location. s almost a 24/7 job. He's still a pastor. There are people that still look at him as a man of God who need his care and support, especially in emergency situations."

Ross said Blaine followed procedure in calling Breeden to request permission and called when he returned at home and that Breeden has never returned the call.   

Coss said that the purpose of bond is to see that a defendant is present at trial, and once a defendant has pleaded guilty he is not obligated to continue bond, and that he doesn't need a reason to revoke it. Coss said that he was not obligated to have the hearing Monday and that he could have revoked it based on the affidavit from Breeden alleging the violation.

"Once you're under supervision, you're no longer in charge of your own life," Coss said. "You've had more requests and more clarifications and more explanations of these requirements than probably all the other defendants I've had since the program started back in March. 

Coss said he found Blaine to be in technical violation of the terms of the bond, but that if he receives one more affidavit from Breeden or allegation of violations, he will not hold a hearing, but issue an immediate order for Blaine's arrest. 

< ;/span>"You'll just go - as the old saying goes - directly to jail. You will not pass 'Go'" Coss said, making a Monopoly reference. "And you will be there until sentencing."

Blaine is scheduled for a sentencing hearing Oct. 1.

"I know you still consider yourself a pastor, but I will remind you, you are a felon awaiting sentencing," Coss said. "That's who you are now. You may not see yourself that way, but it's time you do."