Juvenile court grants media/public access to 'tack' assault trial
By
Brandy Chandler-brandychandler@gmail.com
A defense motion to close proceedings was denied Tuesday in Highland County Juvenile Court in alleged assault case stemming from the alleged "tack" incident following a September Washington C.H. High School vs. Greenfield McClain High School football game.
The hearing was held before Judge Kevin Greer Tuesday.
The 16-year-old Washington C.H. juvenile is facing 27 counts of assault. He is accused of placing a sharp object, such as a tack or pin, in his glove and puncturing the hands of McClain football players during the post-game handshake. According to the Greenfield Police Department, the juvenile was a member of the team, but had been ineligible to play during the game.
Greer said the purpose of Tuesday's hearing was to "decide what, if any, information from the hearings can be disseminated."
The juvenile and his family were at the Highland County Courthouse on Tuesday, but were not in the courtroom. Defense attorney Mary King, of Washington C.H., asked that the courtroom be closed to everyone except counsel during the hearing, which Greer denied.
The state was represented by Assistant Highland County Prosecutor Molly Bolek. She said that while the state did not have an "official position" on whether or not the proceedings should be open, "after consulting with the victims, they would prefer the proceedings are open to the media and to the public."
While the hearing was open to victims, none of the alleged victims in the case were present.
Highland County Sheriff Ron Ward was in attendance at the hearing.
One witness was presented during the hearing, Stephanie Tobin, a keeper of records at Nationwide Children's Hospital in Columbus. She presented the court with a file of medical records, but no testimony was given on what the records contained.
In addition to local print media, Greer said that WCMH NBC 4 of and WSYX/WTTE ABC 6, of Colubmus, had been granted access to the hearing. The television stations were not in attendance on Tuesday.
King said that the media outlets did not contest her motion in writing, and she asked that the court rule in favor of the defense. Greer said that the four media outlets had made written requests to participate.
Following the hearing, Greer ruled against the defense and filed a written order granting media/public access to the Dec. 7 trial. Greer wrote that, "the approval of the requests would not distract participants, impair the dignity of the proceedings, or otherwise materially interfere with the achievement of a fair trial or hearing herein. The court has considered the potential harm to the juvenile, as well as all parties to this action, the benefits of public access to the proceedings and reasonable alternatives to closure."
Greer ordered that unless written authorization is receive, media are not to reveal the name or picture of the juvenile who is charged, his family, any of the victims if they are under the age of 18, or witnesses and their parents.
During the proceedings, King also asked for a continuance, saying that she had just received discovery (evidence) in the case on Monday. Bolek said that discovery was filed on Nov. 23, but that the holiday may have interfered with the defense receiving. it. Bolek noted that the state had not received reciprocal discovery. Bolek said the discovery contains statements from 37 witnesses, the police report, and photographs.
King said requested that she be given more time to "adequately prepare for trial."
Greer asked how much time she would need, stating that the case was, "pretty simple."
"I have some other information, and I really need to look into the allegations," King said, which could take "a couple of weeks."
Greer did not immediately rule on the request for a continuance. He said that the state can go forward with the presentation of its evidence during the scheduled trial Dec. 7. The defense could renew the request then, and he would consider allowing King to present her case at a later date. However, Greer said that while he would reserve ruling on the continuance, the defense should, "be prepared to present its case at the state's closing."
In the juvenile court system, a defendant is not found guilty or not guilty; rather, the allegations are found to be either true or not true, according to Greer.
Should the court find that the allegations are true, Greer said that there are a wide range of penalties. The maximum penalty could include removal of the juvenile from the home for placement in a detention center for a number of months.[[In-content Ad]]
The hearing was held before Judge Kevin Greer Tuesday.
The 16-year-old Washington C.H. juvenile is facing 27 counts of assault. He is accused of placing a sharp object, such as a tack or pin, in his glove and puncturing the hands of McClain football players during the post-game handshake. According to the Greenfield Police Department, the juvenile was a member of the team, but had been ineligible to play during the game.
Greer said the purpose of Tuesday's hearing was to "decide what, if any, information from the hearings can be disseminated."
The juvenile and his family were at the Highland County Courthouse on Tuesday, but were not in the courtroom. Defense attorney Mary King, of Washington C.H., asked that the courtroom be closed to everyone except counsel during the hearing, which Greer denied.
The state was represented by Assistant Highland County Prosecutor Molly Bolek. She said that while the state did not have an "official position" on whether or not the proceedings should be open, "after consulting with the victims, they would prefer the proceedings are open to the media and to the public."
While the hearing was open to victims, none of the alleged victims in the case were present.
Highland County Sheriff Ron Ward was in attendance at the hearing.
One witness was presented during the hearing, Stephanie Tobin, a keeper of records at Nationwide Children's Hospital in Columbus. She presented the court with a file of medical records, but no testimony was given on what the records contained.
In addition to local print media, Greer said that WCMH NBC 4 of and WSYX/WTTE ABC 6, of Colubmus, had been granted access to the hearing. The television stations were not in attendance on Tuesday.
King said that the media outlets did not contest her motion in writing, and she asked that the court rule in favor of the defense. Greer said that the four media outlets had made written requests to participate.
Following the hearing, Greer ruled against the defense and filed a written order granting media/public access to the Dec. 7 trial. Greer wrote that, "the approval of the requests would not distract participants, impair the dignity of the proceedings, or otherwise materially interfere with the achievement of a fair trial or hearing herein. The court has considered the potential harm to the juvenile, as well as all parties to this action, the benefits of public access to the proceedings and reasonable alternatives to closure."
Greer ordered that unless written authorization is receive, media are not to reveal the name or picture of the juvenile who is charged, his family, any of the victims if they are under the age of 18, or witnesses and their parents.
During the proceedings, King also asked for a continuance, saying that she had just received discovery (evidence) in the case on Monday. Bolek said that discovery was filed on Nov. 23, but that the holiday may have interfered with the defense receiving. it. Bolek noted that the state had not received reciprocal discovery. Bolek said the discovery contains statements from 37 witnesses, the police report, and photographs.
King said requested that she be given more time to "adequately prepare for trial."
Greer asked how much time she would need, stating that the case was, "pretty simple."
"I have some other information, and I really need to look into the allegations," King said, which could take "a couple of weeks."
Greer did not immediately rule on the request for a continuance. He said that the state can go forward with the presentation of its evidence during the scheduled trial Dec. 7. The defense could renew the request then, and he would consider allowing King to present her case at a later date. However, Greer said that while he would reserve ruling on the continuance, the defense should, "be prepared to present its case at the state's closing."
In the juvenile court system, a defendant is not found guilty or not guilty; rather, the allegations are found to be either true or not true, according to Greer.
Should the court find that the allegations are true, Greer said that there are a wide range of penalties. The maximum penalty could include removal of the juvenile from the home for placement in a detention center for a number of months.[[In-content Ad]]