Thursday, February 17, 2000
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Court upholds mother's conviction in baby's death
MIDDLETOWN — The Ohio 12th district Court of Appeals has upheld the conviction of a Liberty Township woman accused of trying to kill her newborn baby by abandoning it in the trash.
Deborah Mackey, 39, sent to prison for six years in June, appealed her conviction on attempted murder and child-endangering charges saying she was denied a fair trial.
Ms. Mackey, who pleaded not guilty by reason of insanity, contended that she should have received more than one independent mental evaluation, that her lawyer, Donald Oda , was ineffective, and that she should have had a jury trial.
However, appellate judges found that the two mental evaluations — one for the prosecution, and another for the defense — were enough under Ohio law.
They also said that Mr. Oda provided appropriate legal representation and that Ms. Mackey knew what she was doing when she waived a trial by jury and had a judge decide the case instead.
Ms. Mackey had claimed that she briefly lost touch with reality when she gave birth prematurely to Holly Ann Mackey in a restroom stall at Ample Industries in Franklin on Dec. 12, 1998, and threw the infant into garbage can.
A cleaning woman found the child still alive. Holly Ann later died from a birth defect.
Man faces 23 years in stabbing of deputy
A Union Township man faces up to 23 years in prison on charges of stabbing one Hamilton County sheriff's deputy and attempting to stab another.
Randy Tomlinson, 24, was indicted Wednesday on two counts of felonious assault and two counts of assault. Prosecutors say the stabbing occurred Feb. 7 as the deputies attempted to arrest Mr. Tomlinson at a tavern in Colerain Township.
Prosecutors said Mr. Tomlinson was wanted by police after he escaped from a Clermont County mental health facility.
During the scuffle outside the bar, prosecutors say, Mr. Tomlinson drew a knife with a 5-inch blade and stabbed Deputy Brian Stapleton in the upper right thigh. They say he also attempted to stab Deputy Greg Rabanus before he was wrestled to the ground by five officers.
Ex-lawyer gets 3 months to repay $40,000 to estate
A former Cincinnati lawyer can avoid going to jail if he pays back the money he took from two estates he handled in probate court.
Michael Edwards, 51, was sentenced to six months on theft charges in Hamilton County Common Pleas Court. But Judge Robert Kraft gave the former lawyer until May 16 to return nearly $40,000 to the victims.
If he does, Judge Kraft said, Mr. Edwards will be sentenced to probation instead of jail.
Prosecutors say Mr. Edwards deposited money from his clients' estates into his own account. His attorney, John Burlew, said his client already has voluntarily surrendered his law license.
Toll-free state number dialed phone-sex line
COLUMBUS — Callers to a toll-free state number for tracking deadbeat parents are in for a surprise — the number linked them to a phone-sex service instead.
Businesses that called the Department of Human Services number with information about new employees are offered a chance for “wild, one-on-one adventures.”
The number, which is no longer used by Human Services, was used to match lists of new employees against parents behind in child-support payments.
Lawmakers leave on trip to Israel
COLUMBUS — More than 20 Ohio lawmakers left Wednesday for a weeklong cultural visit to Israel.
The politicians, including Senate President Richard Finan, House Speaker Jo Ann Davidson and Attorney General Betty Montgomery, will visit a Jerusalem branch of Cincinnati's Hebrew Union College, the Holocaust memorial Yad Vashem and some Ohio-based businesses with operations in Israel.
The trip is cultural, economic and educational in nature, with the focus on learning more about the Holocaust, said Dick Weiland of Cincinnati's Jewish National Fund, which works to plant trees and provide access to water in Israel.
The trip cost $2,000 per person. Lawmakers paid $1,000 apiece of their own money. The Combined Generations of the Holocaust, of Cincinnati, paid the remaining $1,000.
Jail time cut short in punching soccer player
WILLOUGHBY, Ohio — A man who punched his son's soccer opponent at a Cleveland area high school match will not have to spend the 10 days left on his sentence in jail because he completed community service.
Municipal Judge Larry Allen on Tuesday gave George Telidis, 40, of Rocky River, credit for community service done for the city of Eastlake the past two months, Ron Campbell, the court's probation officer, said Wednesday.
In December, Mr. Telidis changed his plea from not guilty to no-contest and was found guilty of misdemeanor assault.
Tuesday, the judge sentenced him to 180 days in jail but suspended 169 days and gave him credit for one day served. That left 10 days, but the volunteer service was a factor in a presentence report, Mr. Campbell said.
Mr. Telidis was also fined $350, was placed on probation for one year and will have to fulfill a counseling requirement, Mr. Campbell said.
Murder suspects face added indictments
CLEVELAND — Two men who authorities say killed their cousin for abandoning the family's Arabic culture have been indicted on additional counts of burglary and trying to silence the victim's mother and sister.
A Cuyahoga County grand jury Monday indicted Yezen Dayem and Musa Saleh on charges of burglary and two counts each of intimidating a witness. Sheriff's deputies arrested them Monday.
Bond was denied at their arraignments Wednesday.
They had been free since June, when a judge lowered their bonds to $100,000 and put them under house arrest.
Both are charged with aggravated murder, with a gun specification, in the Jan. 8, 1999, death of Methal Dayem, 22. Mr. Saleh's trial is scheduled for March 6, with Mr. Dayem's trial to follow.
Officers urge indicted sheriff to resign
LANCASTER, Ohio — Sheriff Gary DeMastry, charged last week in a 323-count indictment that accuses him of theft in office and money laundering, should quit, say many of the city's police officers.
About 40 of the department's 57 officers have signed a letter so far that asks Sheriff DeMastry to resign, including the police chief and his top deputies, Deputy Chief Jeff Gerken said.
“... You have publicly embarrassed our profession,” the officers say in the letter.
The officers in this city about 30 miles southeast of Columbus are the latest to ask for the resignation of Sheriff DeMastry, a Republican who has dismissed similar calls from GOP leaders and his three challengers in the March 7 primary election.
The letter began circulating after the sheriff pleaded not guilty to the charges last week. His wife, Penny, a bookkeeper for the sheriff's office, pleaded not guilty to 15 charges.
They are accused of misspending public money and trying to conceal it by manufacturing documents and lying to investigators.
Search on for stadium solutions
Commissioners learning costly lessons
Debacle could delay other projects
Lessons will be put to use on Reds park
County signs up public relations support
Let's recruit Mike Brown for our team
Albright vows help to Blue Ash dad
Cities push change in school funds
Police, media mobilize for kids
Organ donation opinions diverse
Rivers on the rise, but not too much
Supreme Court asked to look at public defender pay
Queen City's moments to shine reflected in book
Writer lives his love story
Some pols dismiss what's best for area
Birds will fly up and be counted
GET TO IT
Here's how to join the bird count
Net increases isolation, study asserts
Georges Haidon cooks as a signer of books
Agency may revoke permit for chickens
Charter school shut for 3rd day
City likes development ideas
Downtown falcon lacks mate
Ex-guard step ahead of police
Fatal hit-skip remains mystery
Flack concert to promote breast cancer awareness
Ignorance of gun law no excuse
Lawsuit against village tossed
Mason chili cook-off heated
Mayor's city jail talk raises fuss
Park plans bandied about
Site prepared for Silverton CVS
Strip club site taken
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