2012 summer cju newsletter

7/31/2019 2012 Summer CJU Newsletter

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CRIMINAL JUSTICEUPDATE

Criminal Justice Update typically is publishedfour times a year by the Ohio Attorney

Generals Of ce, primarily for members of Ohios criminal justice community.

To share story ideas or alert us to addresschanges, contact Editor Mary Alice Casey at

614-728-5417 [email protected] .

Volume 4, Issue 3Summer 2012

Copyright 2012by Ohio Attorney Generals Of ce

30 E. Broad St., 17th FloorColumbus, OH 43215

www.OhioAttorneyGeneral.gov/CriminalJusticeUpdate

CRIMINAL JUSTICE UPDATE

Total copies printed: 6,000 Unit Cost: $0.26055 Publication Date: 7/12

Attorney General Mike DeWine and BCI special agentsappear at a news conference after Bobby Thompsons arrest.

The federal courts recently narrowed a FourthAmendment search warrant exception frequent-ly used by law enforcement of cers.

In Arizona v. Gant , the U.S. Supreme Court in2009 limited the search incident to lawful ar-rest warrant exception in relation to the searchof an arrested suspects vehicle. Incident to asuspects arrest, a peace of cer may search

only the areas immediately within the suspectscontrol at the time or when the of cer hasreason to believe the vehicle contains evidencerelevant to the arresting crime.

This year, the Sixth Circuit Court of Appeals ap-plied Gant in United States v. McCraney . About1 a.m., a police of cer began following a carthat did not dim its bright lights as it passed.The occupants eventually agged down the of -cer. During the stop, the of cer determined thatDeJuan McCraney owned the vehicle and thathe and the driver had suspended licenses.

The of cer told the two men he could not letthem drive the vehicle and eventually arrestedMcCraney for unlawful entrustment. He did nothandcuff McCraney or the driver, but had themstand a few feet from the car with three of cers

around them. Police searched the car andfound a gun under the seat. McCraney wascharged as a felon in possession of a rearmand led a motion to suppress the gun asevidence of an unconstitutional search.

The appeals court found no reason to believeevidence of wrongful entrustment would befound in the car or that McCraney was within

reaching distance of it during the search.Therefore, the warrantless search was not justi ed as incident to arrest.

Now, when a suspect who is secured andcannot get access to the vehicles interior hasbeen arrested for a traf c offense, an of cercannot justify the warrantless search underthe search-incident-to-arrest exception.

Visit www.OhioAttorneyGeneral.gov/LawEnforcementBulletin to read and sign upfor the Attorney Generals monthly electronicnewsletter that highlights key court cases.

A new study commissioned by my of ce puts solidnumbers to a phenomenon that law enforcementof cers and prosecutors have long known: Asmall group of repeat offenders is responsible fora large percentage of violent crime in our state.

The study found that people convicted of twoor more violent offenses made up less than 1percent of Ohios population but were respon-sible for nearly 57 percent of all violent crimeconvictions between 1974 and 2010. Collectively,they averaged 7.4 arrests and 6.4 convictions.Not surprisingly, our urban centers Cuyahoga,Franklin, Hamilton, and Summit counties arehome to more than half of the states violent

repeat offenders.

My of ce commissioned the study to inform thework of our Violent Crimes with Guns AdvisoryGroup, formed last year to guide our thinking onhow to best reduce gun crimes and imprison theworst offenders. The panel is made up of local,state, and federal law enforcement; prosecutors;victim advocates; and gun rights proponents.

Researcher Deanna Wilkinson, an associate

professor with Ohio State Universitys Departmentof Human Development and Family Science,conducted the study using 36 years of Bureauof Criminal Investigation criminal histories along with Ohio Department of Rehabilitation and Cor-rection records.

We shouldnt be surprised by her ndings, but wemust be motivated by them. My philosophy hasalways been that our prisons should have roomfor violent offenders.

In the coming months, my staff will work with theGovernors Of ce and legislators to nd and pro-pose solutions. Because even as the state worksto reduce prison costs and crowding, we needto make sure that the worst of the worst offend-ers those mostly likely to strike again remainbehind bars.

Very respectfully yours,

Mike DeWineOhio Attorney General

Representatives of the Canton and Youngs-town police departments and MuskingumCounty Sheriffs Of ce are mentoring kidsthrough a program that teaches baseballfundamentals and important life skills.

In April, Hall of Famer Cal Ripken Jr. joinedme in announcing the Badges for Baseballpilot offerings. With support from the CalRipken Sr. Foundation and my of ce, the pro-gram gives law enforcement and children anopportunity to build trust and cooperation.

We are thrilled to bring the Badges forBaseball program to the youth of Ohio,Ripken said. The program has been suc-cessful and popular with law enforcementof cers across the nation.

Kudostocaring mentors


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SUMMER 2012 3

VANTAGE POINT

The Amy OGrady fileOn the Crime Victim Sections priorities

We want to make sure our core services grants, victim

compensation, and education and training programs arent working in silos. For example, our compensationunit noticed an increased number of claims for a par -ticular type of crime. So we asked our grants unit to lookinto whether were funding programs to assist with thatissue, and we asked our education unit to determine if there are training opportunities for law enforcement andother victim services providers. The attorney generalalso has tasked us with looking at the services werefunding and determining if anyone is underserved basedon the crime theyve experienced or their location. Wewant to ensure every victim of crime has access to whatthey need to make them whole again.

On the importance of customer service We dont hang up the phone without at least directing the caller to a resource. If we have the ability to assistthem through our core services here, we certainly do

Education: Bachelors degree incriminal justice from Kent StateUniversity and law degree fromCapital University

Family: Husband, Jim, a FranklinCounty Municipal Court judge, and a4-year-old daughter

Past posts: Deputy director of pro-fessional standards, Ohio Peace Of -cer Training Academy, 20112012;assistant attorney general in theCrime Victim Section, 20052011.

What she does or un: Play withmy daughter, for one. Shes pretty

fun! Also high on her list are hang-ing out with her husband and listen -ing to classic rock and rap music.

so. But if for some reason we cant get those services to them, we need to explain that to them withsincerity and talk with them about other options. Every person who works here understands thatwhether youve lost your loved one or youve had your purse snatched, each situation is important tothe person on the other end of that phone. Whatever issue someone calls in with, its a priority.

On Ohios crime victim compensation program

Unfortunately, not enough people know about the compensation program, and we want everyone inOhio to know about our services. That money is so important to crime victims. Some people who leclaims are represented by attorneys and some le applications on their own. We want to make surethat we are doing all we can for those individuals, regardless of whether they have representation.

On the Two Days in May Conference on Victim Assistance

This is our signature event, and we get great feedback. Its multidisciplinary, so we host victimadvocates, prosecutors, and law enforcement. Its an opportunity to learn, hear great speakers, andnetwork. Two Days in May is our showcase, but I hope that when all is said and done, people willunderstand what a resource the Crime Victim Section is that every day will be like Two Days in May.

On whats ahead

We are going to embark on a study to examine victim services with existing partners such as theOhio Domestic Violence Network, the Ohio Victim Witness Association, and the Ohio Alliance to EndSexual Violence. Our goal is to make sure were doing everything we can to assist crime victims,distribute grant funds well, and if possible look at some prevention measures through training. Thesurvey will go out to a large number of providers to determine the types of services they assist with,and well use that data to be better informed when were making decisions about funding.

READ MORE: Read an extended interview with Amy OGrady at www.OhioAttorneyGeneral.gov/CriminalJusticeUpdate .

More than 1,000 people attended the OhioAttorney Generals recent Two Days in MayConference on Victim Assistance. The 21stannual event drew victims, advocates,social service workers, criminal justiceprofessionals, and others for dozens of workshops, several speakers, and a fostercare symposium. Some highlights:

Programs, people to emulate

The 2012 Promising Practice Award wentto Its Abuse, a program of the Center forFamily Safety and Healing in Columbus.Designed to educate college studentsabout relationship abuse, the campaignwas piloted at Ohio State in 2006 and nowoperates on eight Ohio campuses. It iscarried out, in part, through a website atwww.itsabuse.com .

Delaware police Sgt. John Radabaughearned the 2012 Special AchievementAward. A valued partner of Sexual AssaultNurse Examiner teams, victim advocates,prosecutors, and agencies, he is a resourcefor survivors and a leader on the DelawareCounty Sexual Assault Response Team.

Attorney General Mike DeWine announcedthat next years gathering will feature theinaugural Robert Denton Special Achieve-ment Award. It is named for Rev. RobertDenton of Akron, a state and nationalleader for victim rights.

Symposium gathers experts

The Ohio Foster Youth Symposium at TwoDays in May drew about 180 foster alumni,child protection professionals, juvenilecourt judges, and community members todiscuss strategies for strengthening Ohiosfoster care system. Attorney General DeW-ine and Commissioner Bryan Samuels of the U.S. Department of Health and HumanServices Administration on Children, Youthand Families shared state and nationalperspectives on foster care.

The symposium is part of the AttorneyGenerals comprehensive review of Ohiosfoster care system, which has includedChild Safety Summits throughout the state.A report on the reviews ndings is planned.

TDIM puts focuson victim advoca


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AL JUSTICE UPDATE SUMMER 2012 5


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LEGISLATIVE INITIATIVES

The Ohio Attorney Generals Of ce works with the Ohio General Assembly to advocate legislation aimed at supporting local law enforcementand crime victims. For more information on these efforts, contact the Attorney Generals Policy and Legislation Unit at 614-995-4963 .

Ephedrine tracking House Bill 334Sponsors: Reps. TerryJohnson and Danny BubpStatus: House passed;now in Senate committee*

Aimed at stemming methamphetamine pro-duction, this bill would require retailers to noteephedrine and pseudoephedrine sales in the

National Precursor Log Exchange; require pur-chasers to sign a log at the point of sale; andlimit sales per person to no more than ninegrams in 30 days or 3.6 grams in one day.

Human Tra fcking House Bill 262Sponsors: Rep. TeresaFedorStatus: House and Senatepassed, governor signed

This bill increases the penalty for traf cking toa rst-degree felony, shields juvenile victimsof traf cking from being jailed on prostitution

charges, and establishes a victim assistancefund using assets from traf ckers.

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Scrap metalSenate Bill 193Sponsor: Sen. Bill Seitz Status: Legislature passed,governor signed.

This bill calls for creation of an electronic reg -istry to coordinate scrap-metal sales data andtrack sellers activities. The registry will notesellers vehicles and require those used in

thefts to be impounded. The bill also requiresscrap-metal dealers to photograph sellers.

DNA swabbing Senate Bill 268Sponsor: Sen. John EklundStatus: Legislaturepassed, governor signed.Takes effect Aug. 13.

This new law requires that DNA samples betaken from people summoned to court onfelonies or already incarcerated at the timenew charges are led.

Victims rights Senate Bill 160Sponsor: Sens. KevinBacon, Jim HughesStatus: Senate passedunanimously, nowin House committee*

Under this bill, victims and their families couldchoose to be noti ed when a convict is given a

parole hearing or is about to be paroled, allow -ing them to object or take safety measures.

Arson registry Senate Bill 70Sponsor: Sen. TimSchafferStatus: Passed Senate;in House committee*

This bill would establish a statewide arsonregistry, maintained by the Ohio Departmentof Public Safety and made available to law

enforcement, re chiefs, and re marshals.

* Indicates status as of press time in early July.

Father Kevin Lutz has a lot of heroes, and lawenforcement of cers are near the top of his list with good reason.

His best friend was late Columbus Police Of cerThomas R. Hayes. When the priest met Of cerHayes within 12 hours of the shooting that lefthim paralyzed from the waist down, the policeof cer said he had forgiven his shooter and was

praying for him. He maintained that attitude until he died from complica -tions 31 years later.

Of cer Hayes was among six Ohio law enforcement of cers who lost theirlives in the line of duty last year. The six, along with six historical nominees,were honored in May at the 25th annual Ohio Peace Of cers Memorial Cer-emony at the Ohio Peace Of cer Training Academy in London. The ceremonydrew hundreds of of cers from across the state and more than 100 familymembers and friends of the fallen.

Our commitment today as we observe this solemn ceremony is that we willnot forget. We will remember. We will honor (these peace of cers) and thesacri ce they have made, Attorney General Mike DeWine said. And wewill remember the families and loved ones who continue to carry on.

Widow Holly Miktarian also spoke. Her husband and fellow Twinsburg policeof cer Joshua Miktarian was shot during a traf c stop in 2008. This memo-rial honors the sacri ce my husband made and the sacri ce of all fallenOhio peace of cers, she said. I am proud to be here every year.

Ceremony honors Ohios allen o fcers

We will not forget The HonoreesOhio law enforcement of cers lost in the lineof duty in 2011 and honored at the May 3,2012, Ohio Peace Of cers Memorial Cer-emony in London:

Deputy Suzanne M. Hopper of the ClarkCounty Sheriffs Of ce, shot Jan. 1, 2011,

while responding to a report of gunshotsat a campground

Of cer Thomas R. Hayes of the ColumbusDivision of Police, who died Jan. 20,2011, from complications resulting froma gunshot wound sustained in 1979

Of cer Jonathan V. Bastock of the StowPolice Department, who died Feb. 5,2011, from complications resulting froman on-duty injury

Capt. Daniel Stiles of the UniontownPolice Department, who was hit by a carwhile directing traf c near a school onFeb. 15, 2011

Of cer Andrew S. Dunn of the SanduskyPolice Department, shot while confronting a suspect on March 19, 2011

Sgt. Brian S. Dulle of the Warren CountySheriffs Of ce, who died May 10, 2011,after being struck by a suspects vehicle


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COMING SOON

Flags dedicated to the six Ohio law enforcement of cers who lost theirlives in the line of duty in 2011 are moved into place during the OhioPeace Of cers Memorial Ceremony. Additional coverage, Page 7.

Ohio Attorney GeneralsLaw Enforcement Conference

The Ohio Attorney Generals annual LawEnforcement Conference is Oct. 2526 atthe Hyatt Regency Columbus.

The conference features three dynamicgeneral session speakers, 30 workshopson topics pertinent to law enforcement, avariety of networking opportunities, andthe 2012 Ohio Distinguished Law Enforce-ment Awards Luncheon.

For full details, see Page 1.

Honoring Ohios fallen officers

2012 summer cju newsletter

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