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Friday, November 7, 2003

Civil law change sought


Past verdicts not admissible

By Sharon Coolidge
The Cincinnati Enquirer

[IMAGE] UC law students Trina Hatchett (left), the shooting victim, Megan Maag (center) and Adam Tomakich, the researchers, in the University of Cincinnati Law Library Thursday.
(MICHAEL SNYDER photo)
| ZOOM |
Trina Hatchett thought the worst time of her life was being shot in the chest as she dined out with a friend.

Then came the trial of her former boyfriend, who was convicted of trying to kill her.

And then she filed a lawsuit against her attacker, Danny Williams, in an attempt to recoup money spent on medical bills and lost on law school tuition while she recovered - only to find out she'd have to prove Williams was guilty all over again.

A criminal conviction is not considered proof of guilt in civil court.

State Sen. Mark Mallory, D-Cincinnati, with help from two of Hatchett's law classmates at the University of Cincinnati, wants to change that.

Mallory will introduce a bill today in the Ohio Legislature, dubbed Trina's Law, that if passed would make a criminal conviction stand in civil court.

Forty-two other states, including Kentucky and Indiana, already have such a law on the books.

Williams, 35, was sentenced to 15 years in prison after pleading guilty to two charges of attempted murder for the November 2001 attack on Hatchett and Michael Smith at J Alexander's restaurant in Rookwood Pavilion. Williams now denies shooting Hatchett.

A year later, Hatchett sued Williams for more than $100,000. Then she found out she'd have to re-prove Williams was the man who shot her, even though he had been convicted of the crime. Hatchett is moving forward with the lawsuit. "You suffer all over again," said Hatchett, 30. "You can't move on."

E-mail scoolidge@enquirer.com




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