MEDINA, Ohio - A county grand jury's decision against indicting a man whose infant son died in a hot car could make it difficult to prosecute people who endanger children, city officials say.

        In two other recent cases, the city filed charges of child endangering.

        The grand jury decided Sept. 6 not to charge Todd Costello, 33, who forgot his son, Tyler, was in the back seat of his car when he drove to work in July in this Cleveland suburb.

        Medina City Law Director John Lohn said the result of the highly publicized case could make it more difficult to seat unbiased jurors should a child endangering case ever go to trial.

        “People will feel as if there is a double standard of justice,” he said.

        The grand jury, whose proceedings are secret, did not offer an explanation for its decision. Medina County Prosecutor Dean Holman said the panel considered charges of involuntary manslaughter or negligent homicide but felt charges weren't appropriate.

        Mr. Holman presented the case to a grand jury because it involved a death.

        The coroner said 9-month-old Tyler, whose temperature had reached 108 degrees, died of overheating. The temperature outside was 83 degrees.

        In one of the other cases, Donnie Pennington, 23, was charged this month after Medina police found his live-in girlfriend's 2-year-old boy outside without adult supervision. The child was not injured.

        Mr. Pennington told the (Cleveland) Plain Dealer it's unfair that he is facing up to six months in jail while Mr. Costello wasn't charged.

        The day after Tyler died, Stephanie Fusco, 29, of Wellington, was charged with child endangering after Medina police said she left four children, ages 4 months to 12 years, in a car parked at a shopping center.

        Police reports say the car's front windows were down. None of the children was reportedly injured.

        Mayor Jane Leaver said police now will meet more resistance than usual when citing people for child neglect, particularly when the children have not been hurt.

        Mr. Holman said that argument was ridiculous.

        “I'll stick to prosecuting, and she should stick to being mayor,” he said.

        Mr. Costello, in a series of media interviews one week before the grand jury considered the case, said he couldn't be punished any worse than what he already had suffered.

        Mr. Holman said he is satisfied with the grand jury's decision. “It is my duty not to put on a case that can't be won at trial,” he said.

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