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Saturday, March 27, 2004

Court: Judge bullied woman



By Sharon Coolidge
The Cincinnati Enquirer

A Hamilton County judge bullied a woman into testifying against her live-in boyfriend after she changed her story about a domestic violence allegation, the 1st District Court of Appeals ruled Friday.

The court called Common Pleas Court Judge Robert Ruehlman's behavior toward Yvonne Sevier "egregious" and overturned Scott Hancock's felony conviction for domestic violence. Prosecutors cannot re-try the case.

Because Hancock, 34, has already spent a year in prison - the maximum time allowed under law - the decision does not affect his sentence. Ruehlman heard the case without a jury.

The Addyston couple made world news in 1995 after Hamilton County Municipal Court Judge Albert Mestemaker sentenced Hancock to marry Sevier as part of a domestic violence sentence. The order outraged the community, prompting Mestemaker to rescind the order. He lost his bid for re-election four months later.

Hancock and Sevier have lived together since 1992 and have two children together, according to court records.

In March 2003, Hancock was arrested on a charge of domestic violence for hitting Sevier with a telephone after an argument.

When the case came to trial, Sevier changed her story, saying the scuffle was an accident. Ohio law permits police officers to sign domestic violence charges against a suspect without the victim's cooperation.

"Either he goes (to prison) or you go, what is it going to be? You got kids?" Ruehlman asked Sevier. "Who is going to jail, you or him?"

Ruehlman threatened Sevier with perjury if she wasn't being truthful.

"The court's comments not only indicated an attempt to intimidate Sevier into changing her testimony, but also that the court had predetermined Hancock's guilt after hearing only a portion of the testimony of the state's first witness," wrote appeals court judge Ralph Winkler. Judges Mark Painter and J. Howard Sundermann Jr. agreed.

"I did the right thing," Ruehlman said in an interview. "I didn't want to see her get killed. I kept him away from her for a year. I don't care about technicalities." Ann MacDonald, executive director of the Rape Crisis & Abuse Center of Hamilton County, formerly Women Helping Women, said that once a case goes to court prosecutors need proof, which may mean a victim must testify.

"They want to come forward, but they're scared," MacDonald said.

It's a tough balance between honoring the victim's feelings and prosecuting the suspect, MacDonald said.

"Judge Ruehlman clearly cared about this case and didn't want her in a dangerous situation," she said.

E-mail scoolidge@enquirer.com




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