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Friday, October 22, 2004

Jailed, freed, ex-juror missing



By Sharon Coolidge
Enquirer staff writer

A woman who spent time in jail for lying to a judge to get out of jury duty could find herself behind bars again.

Rachelle Thomas didn't show up for a Thursday hearing on a contempt-of-court charge, prompting Hamilton County Common Pleas Court Judge Dennis Helmick to issue a warrant for her arrest.

Her attorney, Ken Lawson, said he suspects the 31-year-old Forest Park woman is in Las Vegas, where she attends school.

"She was supposed to be here at 10 a.m.," Helmick said.

Thomas' case dates to May 2003 when she was among a group of prospective jurors gathered to hear a civil case in Helmick's courtroom.

Helmick excused Thomas after she said she had to take her son to the doctor. Helmick knew Thomas had written on a jury questionnaire that she had no children but, not wanting to taint other jurors in the room, he excused her.

Later that day, he put a warrant out for her arrest and jailed Thomas for nine days on a contempt-of-court charge.

Before finishing her sentence, Thomas was released on bond pending an appeal to the First District Court of Appeals.

That court overturned the sentence, saying Helmick violated her civil rights when he jailed her without first giving her a hearing.

Thomas "may well deserve punishment, but she must have due process of law first," Appeals Judge Mark Painter wrote.

The Appeals Court also said a contempt charge couldn't be brought unless she had interfered with the judicial process. It sent the case back to the trial court.

E-mail scoolidge@enquirer.com




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