Tuesday, March 14, 2000
Judge drops some charges in molestation
Foster worker still faces other counts
BY SHEILA McLAUGHLIN
The Cincinnati Enquirer
LEBANON — A detective's failure to pursue an investigation in 1993 has cost authorities one of their cases against a former foster care worker accused of molesting boys at Midwestern Children's Home, a judge's ruling indicates.
Judge P. Daniel Fedders, of Warren County Common Pleas Court, dismissed two counts of rape and one count of gross sexual imposition against Roy Puckelwartz on Monday.
He said authorities lacked any new evidence in the case, so the charges involving one of three alleged victims could not be taken to trial.
“When the state decided in February of 2000 to seek an indictment for the alleged crimes relating to (the boy) it did so without one shred of evidence of such crimes other than what it had in April 1994,” the judge wrote in his decision.
The original investigative file was sealed and attorneys are under court order not to discuss it. But Judge Fedders noted:
“The records provided to the court indicate that by the end of May of 1994, the investigation was closed because "no physical evidence was found and the alleged perpetrator had already moved out of state and was not located to be interviewed.' ... The defendant had apparently been living openly in Florida since leaving the Midwestern Children's Home.”
Another sheriff's detective found the 44-year-old former Church of Christ minister working as a gym teacher in a private Christian academy in St. Petersburg last October. The investigation had been reopened in July when a third former Midwest ern resident alleged molestation at the Harlan Township home for troubled youth.
Warren County Prosecutor Tim Oliver said he may challenge Monday's ruling.
“Clearly, the strongest cases survived. Over the next few days, we will be considering whether to appeal the decision or not. We thought the court engaged in some speculation there, but I can't comment any further,” he said.
Defense lawyer Don Oda II wasn't satisfied.
He had argued that all charges should be thrown out, saying the six-year delay in indicting Mr. Puckelwartz hurt his client's case because some witnesses can't be found, records have been destroyed and it would be difficult for witnesses to clearly recall events because of the time lag.
According to Judge Fedders' decision, Mr. Puckelwartz confessed to the sheriff's detective that he molested a second boy, and that was considered enough new evidence to uphold those charges.
Mr. Oda disputes that Mr. Puckelwartz's statement could be construed as fresh evidence.
“It is a statement that implicates him, but it is not tantamount to a confession,” he said.
“I think it's unfortunate because they never asked him in 1994 and never bothered to send somebody down (to Florida). My reading of the law is they can't come back and make the case better to the detriment of the defendant.”
All of the boys, who are now 18 or older, accused Mr. Puckelwartz of sexually abusing them from June to December 1993, when they were residents of Midwestern.
Mr. Puckelwartz and his wife, Bonnie, were live-in supervisors in one of several group homes at Midwestern when the alleged incidents occurred.
Midwestern officials fired Mr. Puckelwartz in December 1993 after members of his former church in Michigan alleged that he had made sexual overtures to a 16-year-old boy there.
Four months later, two of the boys at Midwestern reported molestation.
Mr. Puckelwartz and his wife were living in Florida and attempting to adopt a nephew in December when a grand jury indicted him on two counts of rape involving the first boy. Additional charges were filed in February involving the other boys.
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