Communication error keeps child molester out of prison
Friday, January 13, 2006 Communication error keeps child molester out of prison MANSFIELD -- A longtime former coach and teacher convicted of child molestation might be in prison if not for a miscommunication between a judge and the county prosecutor's office. Ron Russell, 71, of Ontario, received five years probation Monday for three sex-related crimes involving teenage boys he met through baseball. The former director of the Johnny Appleseed Baseball Club and Clear Fork teacher could have been sentenced to 11 1/2 years in prison. Richland County Common Pleas Judge James DeWeese said he thought prosecutors recommended probation when, in fact, they deferred to a psychological evaluation, pre-sentence investigation and recommendation of sheriff's Detective Sgt. Jeff McBride, the lead investigator. DeWeese told the News Journal on Tuesday he probably would have sentenced Russell to prison if he had known the prosecutor's office didn't recommend probation. According to Ohio law, Russell cannot be re-sentenced. The mother of one of Russell's victims questioned DeWeese's decision. "If that (prison time) was his feeling, why didn't he do it?" she asked Thursday. Both sides took responsibility for the mistake -- DeWeese for misunderstanding the recommendation and the prosecutor's office for not correcting the judge "when it became clear that (DeWeese) was sentencing Mr. Russell under the false impression that the prosecutor did recommend probation." The two sides issued a joint news release Thursday afternoon after questions about the sentencing were raised by the News Journal. Prosecutor James Mayer Jr. and First Assistant Prosecutor Bob Castor declined further comment. The miscommunication started with Russell's change-of-plea hearing Nov. 21 when DeWeese asked Assistant Prosecutor John Baker if the state would offer a sentencing recommendation. "Our plea negotiations are in accordance with conversations between Sgt. Jeff McBride and (Defense Attorney) Mr. (Bob) Whitney," Baker said during the hearing. Whitney told the judge he assumed McBride would recommend probation. McBride, who was not notified of the change-of-plea hearing, said Thursday he had no sentence discussions with Whitney. "I was conducting a criminal investigation. I turned all the case information over to the county prosecutor's office," he said. The November hearing also wasn't on the daily court docket, but DeWeese said he wouldn't have expected McBride to be there, despite the importance apparently placed on his recommendation. "Normally, the police officers are not involved in the changes of plea," he said Thursday night. "The investigating officer seldom makes a recommendation for sentencing." DeWeese said the hearing would have been set in advance because Russell pleaded to a bill of information, which the judge said has to be prepared ahead of time. The hearing was scheduled and postponed more than once. The judge addressed Russell at the November hearing. "Based on that study (a forensic evaluation) and your pre-sentence investigation, I will decide what your sentence ought to be with the idea that the prosecutor is recommending probation, if that is possible for you," DeWeese said. Baker, who attended the hearing, didn't correct the judge's perception, according to a transcript released Thursday. Thursday's joint news release said "the judge and the prosecutor understood the prosecutor's recommendation differently." The miscommunication was not cleared up for Monday's sentencing, when Assistant Prosecutor Chris Tunnell represented the state. "In addition, the assistant prosecutor erred in not correcting Judge DeWeese at the time of sentencing when it became clear that Judge DeWeese was sentencing Mr. Russell under the false impression that the prosecutor did recommend probation," the news release said. The two sides promised to work together to make sure such a situation doesn't happen again. "Both parties sincerely regret the impact of this communication mistake on sentencing," the news release read. "To avoid such an error in the future, Judge DeWeese will ask the prosecutor either to make his agreement or recommendation in writing or to restate it on the record at the sentencing of each defendant prior to sentencing." mcaudill@nncogannett.com 419-521-7219 Communication trail The miscommunication starts: Bob Whitney: "... I think because of Ron's truthfulness and forthrightness with Sgt. (Jeff) McBride, I believe that he would probably -- whether he would do it orally or in writing -- I would assume he would recommend community control after a PSI (presentence investigation), Judge. There is no prior record. He (Russell) is 70 years old." Judge DeWeese: "I understand that the prosecutor is recommending that then pursuant to the discussions with Sgt. McBride." Whitney: "I think Sgt. McBride would state that, Judge." -- Court transcript from Ron Russell's November change-of-plea hearing. McBride said Thursday he never discussed any sentencing recommendation with Whitney. McBride did not learn of the change-of-plea hearing until it was over. The decision: Judge DeWeese: "The prosecutor recommended that Mr. Russell be put on community control with sex offender treatment if he qualified for sex offender treatment ... in fact, he did qualify for sex offender treatment ..." -- DeWeese places Russell on probation Monday during his sentencing hearing. The impact: "He (Russell) should be in jail. That's just the bottom line. We can take comfort that hopefully he won't be able to do this to anybody else ... that's about the only comfort we can take in this case." -- Mother of one of Russell's victims Case background Ron Russell pleaded no contest and was found guilty in November of sexual battery, unlawful sexual conduct with a minor and gross sexual imposition. The sexual battery charge involved Russell having sexual conduct with a boy under his authority from the summer of 2000 to the summer of 2003. Unlawful sexual conduct is the same charge, but the victim was not someone under Russell's authority. The offense occurred between the fall of 1989 and the fall of 1991. Gross sexual imposition involved sexual contact during the summer of 2004. Russell's three victims were 13, 13 and 14 when the abuse began. He was declared a sexual predator, meaning he will have to register with the sheriff the rest of his life. In addition to being former director of the Johnny Appleseed Baseball Club, Russell was a junior high social studies teacher and varsity baseball coach at Clear Fork High School. News Journal staff report Central Ohio