The Prosecutor - Montgomery County, Ohio

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The Prosecutornewsletter fromMat Heck, Jr.Prosecuting AttorneyDayton-Montgomery County Courts Building, P.O. Box 972, 301 W. Third St., Dayton, OH 45422 (937) 225-5757Spring 2016Child Abuse Awareness MonthOn March 31st, Prosecutor Heck recognized April as Child Abuse Awareness Month at Montgomery County’s Child Advocacy Center, CARE House.The national statistics on child abuse and neglect are shocking. A report of child abuse is madeevery 10 seconds - more than 3 million reports every year. It is estimated that between 4 and 5 children die every day as a direct result of child abuse or neglect. Experts estimate that adults whowere abused as children are 9 times more likely than others to become involved in criminal activity.It is for those reasons, and more, that Prosecutor Heck feels strongly that child abuse and neglect inour community needs to be addressed, and prevented.Also at the kick-off, Prosecutor Heck announced that through a generous donation from theEvenflo Company in Miamisburg, approximately 100 car safety seats and strollers were being madeavailable to those families in need. In addition, Prosecutor Heck handed out bibs and reusable child-friendly snack cups, both emblazoned with the slogan, “Hug me, don’t hurt me!”Above - child safety seats and strollers, donated by Evenflo Company (L); “Hug me, don’t hurt me” snack cups and bibs (R)Prosecutor Heck commented, “Each of us in the criminal justice system understands the problem of child abuse and neglect all too well. April has been set aside as the month where we try toeducate the general public at large about the problem, and to offer ways the average citizen can getinvolved and help. I’m asking every citizen in Montgomery County to get involved in helping us toprotect the children in our community. If you know or suspect someone is abusing or neglecting achild, report it!” .“It is everyone’s responsibility to protect the childrenin our community from abuse and neglect.”

The ProsecutorSpring 2016Prosecutor Heck unveils new Child Abuse Awareness billboardsAs part of the kick-off to recognize April as Child Abuse Awareness Month, Prosecutor Heck unveiled three new billboards. In partnership with Key Ads, the new billboards started appearing allaround Montgomery County. The designs encourage the public to report suspected child abuse bycalling 224-KIDS.2

The ProsecutorSpring 2016Prosecutor Wins inCourt of Appeals Case26th Annual Violence PreventionProject Award CeremonyState v. Joseph FrickeOn May 4, 2016, Prosecutor Mat Heck, Jr.and Sandra Hunt, Director of the Victim/WitnessDivision, announced the winners of the 26th annual Violence Prevention Project.On February 18, 2015, the defendant wasfound guilty by a jury of rape of a substantiallyimpaired victim, possession of criminal tools,and contaminating a substance for human consumption. The defendant had drugged a 19year-old college student by putting Lorazapam inher drink. Then, when she was too drugged toresist or give consent, he brutally raped her.This year, nearly 1,000 students entered thecontest. The top 150 students were invited toattend the ceremony to receive prizes andawards. In addition, a pizza luncheon was provided, compliments of Dayton’s Original PizzaFactory.At sentencing, Montgomery County Common Pleas Court Judge Timothy O’Connell ruledthat all counts merged with the count of rape,and sentenced the defendant to seven years ofincarceration. When counts are merged, the defendant can only be sentenced on one count.The Violence Prevention Project encouragesMontgomery County’s youth to submit a posteror write an essay describing how violence affects our community and suggest ways to prevent violence. Common themes were bullying,gun violence, and drug and alcohol abuse, indicating that our youth are aware of the dangersand understand the causes of violence.We appealed the court’s merger of the rapeand contaminating a substance for human consumption counts and the sentence to the Second District Court of Appeals. On August 21,2015, the Court of Appeals affirmed the mergerand sentence, overruling our appeal. However,during the pendency of our appeal, the Ohio Supreme Court decided in another case that dealtwith the issue of merger, so we filed a motionwith the Court of Appeals to reconsider its earlierdecision.On April 29, 2016, the Court of Appeals reversed it’s earlier decision and ruled the countsof rape and contaminating a substance for human consumption are separate and distinct offenses and should be sentenced individually.Every participant received a prize. The ceremony recognized the best entries and thoseparticipants received additional prizes.On May 23, 2016, in accordance with thedecision of the Court of Appeals, the defendantwas resentenced by Judge O’Connell. However, over our objections, the judge sentenced thedefendant to 5 years on the contamination countand ordered that it be served concurrently to the7 year sentence for rape, effectively making nochange to the original sentence. We stronglyrecommended the court sentence the defendantto an additional 10 years incarceration.Prosecutor Heck said, “Violence and bullying are problems that have a negative impact onstudents’ physical and emotional safety. Youthviolence affects all of us and we all have a rolein preventing it. This project gives us an opportunity to acknowledge the positive efforts ofthese students.”3

The ProsecutorSpring 2016Court of Appeals Affirms Trial Court’s RulingState v. Eugene GallOn April 29, 2016, the Second District Court of Appeals ruled that convicted serial murderer andchild rapist Eugene Gall should not be credited with any time that the defendant was incarcerated ina Kentucky penitentiary towards his Ohio convictions and sentences.This defendant has a long history of violent conduct. In 1972, the defendant was convicted forthe 1970 rape and kidnapping of several young women in Warren and Butler counties and sentenced to 3-20 years in the Ohio Penitentiary. The Parole Board released this defendant in April,1977.Within six months of his release by the Parole Board, this defendant began a crime spree spanning two states and multiple victims.During this crime spree, the defendant committed a number of heinous and violent crimes, including rape, kidnapping and murder, in Montgomery and Greene Counties, and then kidnapped atwelve year old girl from Cincinnati, took her to Kentucky to rape and murder her. He committed additional violent crimes in Kentucky, including shooting and injuring a police officer, for which he wascharged and convicted, and received an 11 year prison sentence. He was then sentenced to deathin Kentucky for the rape and murder of the young girl from Cincinnati. Here in Montgomery County,he was convicted of the horrendous rape and murder of 14 year old Beth Ann Mote, after he kidnapped her one morning as she was walking to school in Oakwood, Ohio.In Ohio, the defendant was ultimately convicted as charged in Montgomery and Greene Counties, and sentenced to 47-165 years to Life in prison.The Kentucky death conviction and sentence was reversed in 2000 by the Federal 6th CircuitCourt of Appeals. Kentucky failed to pursue the case further. On November 13, 2001, the defendant was extradited to Ohio to begin serving his Ohio sentences.In September 2013, the Parole Board sent a form letter to the Montgomery County Prosecutor’sOffice indicating that the defendant was eligible for, and was being considered for, parole. The Bureau of Sentence Computation, without any notice to our office, or any of the victims or survivors,gave and credited this defendant with 5,807 days of jail time credit for the time he spent in the penitentiary in Kentucky, thereby giving this rapist/murderer almost 16 years off his Ohio sentence.After numerous phone conferences with the Bureau of Sentence Computation and the Ohio Attorney General, all to no avail or assistance, on November 27, 2013 our office filed a “Motion for anOrder Properly Calculating Jail Time Credit.” On December 9, 2013 Common Pleas Court JudgeGregory Singer ordered that the defendant should receive zero days of jail time credit. On March 4,2014, the defendant appealed Judge Singer’s ruling, which the Court of Appeals overruled. TheCourt of Appeals agreed that the defendant is entitled to zero days of jail time credit for the timespent in the Kentucky prison.Prosecutor Heck added, “We are pleased with the Court’s decision. The victims, as well as theirfamilies, deserve to know that this defendant will spend the rest of his life locked up for the terrible,vicious and deplorable crimes that he committed. This defendant is clearly a dangerous person whoneeds to be incarcerated for the rest of his life and never released from prison.”4

The ProsecutorSpring 2016ArriveSafe for July 4th Holiday WeekendOver the upcoming 4th of July holiday weekend, ArriveSafe will be offering free cab rides from6:00 p.m. Friday, July 1st to 6:00 a.m. Monday, July 5th. To request a ride, just call ArriveSafe at449-9999. Program the number into your phone! Prosecutor Heck says, “Remember - the life yousave may be your own!”MCPO Welcomes Summer Clerks and Law Clerks!Every year, we have a number of summer clerks and law clerks who intern with our office. Byworking in our office during the summer months, the law students get valuable experience doing research and attending court. The undergrads gain the experience of working in an office and get exposed to the legal system. Meet our summer, 2016 interns:Left to right:Charles Pfister, University of DaytonSchool of Law; Madison Waitzman,University of Cincinnati; James Staley,The Ohio State University Moritz Collegeof Law; Ashley Warwar, University ofDayton School of Law; Prosecutor MatHeck, Jr.; Whitney Crim, University ofCincinnati College of Law; Matthew Notaro, University of Dayton School ofLaw. (Not pictured: Maria Oldham,Case Western Reserve UniversitySchool of Law; Chloe Gump, Universityof Alabama; Allison Stokely, Universityof Dayton)5

The ProsecutorSpring 2016Office Staff UpdatesThe following are staff additions since our last 4/4/16NAMEPOSITION AND ASSIGNMENTKaylyn DrodgeLegal Secretary, Child Protection UnitChristopher Brzozowski Assistant Prosecutor, Juvenile DivisionAlexandra LeskoLegal Secretary, Case ManagementBenjamin MazerAssistant Prosecutor, Civil DivisionAlice PetersAssistant Prosecutor, Child Protection UnitAlex HaleAssistant Prosecutor, Civil /MCPOPROSJoin our mailing list or our email list! Receive newsletters, scam alerts, and other goodies includingour annual Violence Prevention Project calendar! Send an email with your name, address andemail address to info@mcpo.com.The Prosecutor is published as a public service by the Montgomery County Prosecutor’s Office. Forquestions or comments about articles appearing in The Prosecutor, or to recommend topics you’dlike to see, please contact: Mr. Greg Flannagan, Public Information Officer at 937-225-5610 or email info@mcpo.comMontgomery County Prosecuting AttorneyP.O. Box 972 301 W. Third St.Dayton, OH 45422MATHIAS H. HECK, JR.PRESORTED STANDARDU.S. POSTAGEPAIDDAYTON, OHIOPERMIT NO. 1401

The Prosecutor is published as a public service by the Montgomery County Prosecutor's Office. For questions or comments about articles appearing in The Prosecutor, or to recommend topics you'd like to see, please contact: Mr. Greg Flannagan, Public Information Officer at 937-225-5610 or e-mail info@mcpo.com Office Staff Updates

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