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Wednesday, October 20, 2004

Former judge sentenced to 10 days on sex charge



By Sharon Coolidge
Enquirer staff writer

[photo]
James P. Kenney (right), a former Hamilton County Municipal judge, and assistant prosecuting attorney, stands next to attorney Merlyn Shiverdecker as he is sentenced for a misdemeanor sexual-imposition charge Tuesday in Common Pleas Court.
The Enquirer/GARY LANDERS
Former Hamilton County assistant prosecutor and municipal judge James Kenney will spend 10 days in jail at the end of the month on a misdemeanor conviction of sexual imposition, a judge ruled Tuesday.

Hamilton County Common Pleas Judge Mark Schweikert also ordered Kenney to spend two years on probation, which includes mandatory counseling and substance abuse treatment.

Schweikert also designated Kenney, 53, a sexually oriented offender, meaning Kenney must register his address with police in the county where he lives for 10 years.

"We served in municipal court together and because of that it is a sad day for me to have to do this," Schweikert told Kenney.

"... Certain cases require punctuation - something that tells you that what you did was wrong."

Kenney pleaded guilty Aug. 31 to inappropriately touching a 21-year-old man in February.

Kenney, an assistant Hamilton County prosecutor at the time, resigned about a month later. Kenney had been a prosecutor since January 2002 and had served six years before that as municipal judge in a West Side district.

Schweikert pointed out that, although the victim was not physically harmed, he "suffered considerably."

Kenney's lawyer, Merlyn Shiverdecker, filed an appeal saying the sexually oriented offender registry requirement is unconstitutional. It is an issue pending before the Ohio Supreme Court.

Shiverdecker told Schweikert he would also appeal the jail time.

E-mail scoolidge@enquirer.com




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