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Thursday, January 31, 2002

Judge, court reporter challenged




By Janice Morse
The Cincinnati Enquirer

        HAMILTON — A high-profile Butler County child-abuse case has become increasingly entangled in political and legal wrangling.

        The defendant's lawyer wants the court reporter replaced and the county prosecutor is trying to get the judge removed from the case of Tiana Centers. The 20-year-old Middletown woman is accused of permitting child abuse that led to the Jan. 1 bleeding death of her daughter, Courtney, 3.

        Alleging an “appearance of prejudice,” Butler County Prosecutor Robin Piper has asked the Ohio Supreme Court to disqualify Judge Matthew Crehan.

        “It's rare to have (such a request) filed — and it's even more rare where it results in the judge being disqualified or stepping aside,” Rick Dove, the Supreme Court's director of legal and legislative services, said Wednesday.

        Chief Justice Thomas J. Moyer decides disqualifications, a process that usually takes about two weeks.

        Last year, 109 disqualification affidavits were filed with the Supreme Court against Common Pleas and appellate judges. Only 17 percent ended with the judge getting off the case, Mr. Dove said. Narrowly defined case law and a presumption that judges follow the law make disqualifications tough to get, he said.

        Many alleged judicial conflicts are decided informally without the Supreme Court's involvement, Mr. Dove said, adding, “We encourage folks to work it out locally if they can.”

        Judge Crehan refused the prosecutor's request to remove himself. He denies any bias and has said that, as administrative judge, it was proper for him to separate Ms. Centers' case from that of her boyfriend, Kevin Charles Miles. The 27-year-old Woodlawn man is charged with child endangering and murder in Courtney's death. His case is assigned to Judge H.J. Bressler.

        Meanwhile, Ms. Centers' lawyer, Scott Blauvelt, objects to Jane A. Fitch as the court reporter chosen to prepare transcripts of audiotape proceedings.

        Mr. Blauvelt, an assistant prosecutor until Mr. Piper took office a year ago, says Ms. Fitch's $5,000 campaign contribution to Mr. Piper in 2000 and her Republican Party ties to the prosecutor “(call) into question Ms. Fitch's ability to be an impartial court reporter in the case.” However, he cited no problems with her professional performance and declined to answer questions Wednesday.

        Ms. Fitch couldn't be reached for comment.

        Mr. Piper noted that Judge Crehan selected Ms. Fitch from a pool of official court reporters. Calling Mr. Blauvelt's accusations against Ms. Fitch “reckless,” Mr. Piper said, “He's trying to make a situation political when it's not.”

       



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