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Winter 12 CJU For WEB
Winter 12 CJU For WEB
COVER STORY
New steps
We are going to find these child molesters and put them in jail
Ohio Attorney General Mike DeWines new Crimes Against Children Initiative is a comprehensive plan to target sex offenders who prey on kids.
These people are predisposed to prey on children, Attorney General DeWine said. Theyre literally like sharks, and theyre going to hit just as fast as they can. Were going to hit back. We hope to impact all of the evilness the sexual abuse of children as well as illegal child porn swapping and viewing. Five components of the initiative are highlighted at right.
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BCI is creating 15 positions and reassigning other staff members to form a new Crimes Against Children Unit that will pursue child predators. Two attorneys in the Special Prosecutions Unit will help local prosecutors build cases against sex offenders who prey on kids. The office is assembling a Rapid Response Team of child victim advocates, special prosecutors, and BCI agents to help victims and jump-start investigations. BCI and OPOTA are expanding training on sexual predator investigations and providing local agencies with high-tech resources. The AGs office will conduct a public awareness campaign targeting sex offenders wanted on outstanding warrants.
As the parent of eight and grandparent of 17, I know how precious the gift of children is their smiles, their laughter, their curiosity, their innocence. Yet, tragically, too many of Ohios more than 2.7 million children arent experiencing the safe, loving childhoods they deserve. An alarming number face abuse, neglect, and exploitation by strangers, acquaintances, and even family members. I know you share my outrage. As noted in this issues cover story, my office has launched a tough Crimes Against Children Initiative to crack down on sexual predators who target children. Of nearly 20,000 registered sex offenders in our state, more than half have victimized kids. Many of them are not reporting, and no doubt many others have never been caught. With additional staff, training, and focus, my office is intensifying its efforts to root out and
Ohio Attorney General Mike DeWine will conduct Child Safety Summits across the state in 2012. For information, contact Director of Childrens Initiatives Melinda Sykes at Melinda.Sykes@OhioAttorneyGeneral.gov or 614-995-0328.
help prosecute these child molesters and child pornographers. I ask you to join us in that fight, and I implore you to call on us whenever we can be of assistance in your investigations and prosecutions. Also alarming are the situations of many children entrusted to the care of Ohios child welfare system. Between 2005 and 2009, 160 Ohio children 85 percent of them under the age of 5 died of abuse or neglect while in the care of their parents or caretakers. More than a third had a prior history of being abused, and a fifth had an open child protective services case at the time of their death. I recently held a Child Safety Summit in Cincinnati, where dozens of representatives of
the child welfare and juvenile justice systems gathered to discuss how we can better protect Ohios children. I will hold similar events across the state this year. My goal is simple, just as it was when as a U.S. Senator I fought to make the safety of children the highest priority in the federal Adoption and Safe Families Act. What is best for children in any given situation must be paramount. No matter what. Very respectfully yours,
Law enforcement officers have an ethical and legal duty to impartially disclose all evidence in a case. Failing to do so compromises the integrity of the criminal justice system and exposes officers and their agencies to civil liability. In Brady v. Maryland, the U.S. Supreme Court ruled in 1963 that prosecutors suppression of evidence favorable to an accused individual violates due process if the evidence is material to the defendants guilt or punishment. While Brady only discussed the prosecutions obligation to turn over such evidence, subsequent cases have established that peace officers share equally in this obligation. Failure to comply can jeopardize criminal cases and potentially result in overturned convictions. It also can subject officers and their jurisdictions to civil liability. In 2010, in Elkins v. Summit County, the Sixth Circuit Court of Appeals denied qualified immunity for officers who failed to turn over a police report to prosecutors. In that case, plaintiff Clarence elkins won a judgment after being exonerated of
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raping and murdering his mother-in-law, Judy Johnson, and assaulting and raping his niece. While police were investigating the crimes, earl mann was arrested in an unrelated robbery. mann asked the arresting officer, Why dont you charge me with the Judy Johnson murder? The officer noted this statement in his report, which he forwarded to detectives investigating the case. However, the report was never turned over to the prosecutor. eventually, elkins was released, and mann was convicted.
Attorney General Mike DeWine announces his offices recommendation on sexual assault kit testing.
CRImInAL JuSTICe
UpdatE
Criminal Justice Update typically is published four times a year by the Ohio Attorney Generals Office, primarily for members of Ohios criminal justice community. To share story ideas or alert us to address changes, contact editor mary Alice Casey at 614-728-5417 or Mary.Alice.Casey@OhioAttorneyGeneral.gov. Volume 3, Issue 1 Winter 2012 Copyright 2012 by Ohio Attorney Generals Office 30 e. Broad St., 17th Floor Columbus, OH 43215 www.OhioAttorneyGeneral.gov/ CriminalJusticeUpdate
COST BOX InFO HeRe PLeASe (LOWeRCASe)
VaNtaGE POINT
Steve Schumaker oversees the law enforcement functions of the Ohio Attorney Generals Office. Here, he shares thoughts on his job, his background, and the office.
When you are a prosecuting attorney and youre active with the victims, youre active with the police, youre at the scenes, when you see first-hand peoples pain, when you see quite frankly death and the destruction of families and some of the worst things that can happen to individuals, you cant help but know how important this work is. Its not an academic exercise. Its real world. Its real people.
Its really great to see and experience the brotherhood of law enforcement, Moore said. Its awesome to have the connection with and support of people you dont even know. That network has helped him endure 15 surgeries and remain focused on returning to detective work full-time, which he hopes to do in the spring. If a desk job turns out to be the only option in law enforcement, he plans to enter the ministry. moore said the shooting reinforced his belief that peace officers need to make sure they have the right training, equipment, and mindset to face the worst every day. Theres no room for complacency, he said, adding, You get thrown into a situation, and its either fight or die.
Attorney General DeWine congratulates Clark County Deputy Chad Eubanks on his Valor Award.
Sgt. Mike Hasson Trooper James Bryner Ohio State Highway Patrol eight law enforcement officers from three jurisdictions worked together in August 2010 to subdue an enraged, intoxicated man who led them on a highspeed chase and opened fire. When the suspect drove into a more populated subdivision, Deputy Matt Henry attempted a pursuit termination technique that caused the mans truck to spin out. He exited the truck and began firing. Officers returned fired, and the suspect was killed. VALOR AWARD Central Vice Control Section Cincinnati Police Department When officers of the Cincinnati Police departments Central Vice Control Section observed members of the Iron Horsemen Motorcycle Gang at a Cincinnati bar in September 2010, they took notice. At least two law enforcement fliers had warned that the gangs enforcer was in town. As they approached the establishment, the enforcer opened fire. One officer was shot in the lower back, another in the thigh; the enforcer died in the ensuing shootout. VALOR AWARD Trooper Jason Bonar Warren Post 78, Ohio State Highway Patrol Trooper Jason Bonar was out for an off-duty motorcycle ride on Oct. 10, 2010, when his attentiveness prevented the rape of a 66-year-old woman along the road he was traveling. He attempted to capture the suspect, but the man drove off, striking Trooper Bonar with his vehicle. The trooper called 911 and stayed with the woman until other responders arrived to transport her to a local hospital. GROUP ACHIEVEMENT AWARD Special Agent Ed Carlini Special Agent Joe Dietz Special Agent Mark Kollar Special Agent Ed Lulla Special Agent George Staley Special Agent Gary Wilgus Special Agent Dan Winterich Bureau of Criminal Investigation Sheriff David Barber Capt. David Shaffer Detective Lt. Gary Rohler Detective Sgt. Roger Brown Detective David Light
Detective Doug Turpen Knox County Sheriffs Office Seven special agents from the Bureau of Criminal Investigation and six officers with the Knox County Sheriffs Office are credited with solving a case that represents, in the words of Sheriff David Barber, the darkest days of Knox Countys history. In November 2010, authorities quickly labeled a home in Howard, Ohio where a mother, her two children, a friend, and the family dog were missing as a probable homicide scene. Their skillful investigation and teamwork allowed them to promptly solve the crime and rescue a 13-year-old girl, the tragedys lone survivor.
SERVICE AWARDS Lt. Nick DiMarco Garfield Heights Police Department When Lt. nick dimarco retired in February 2011 after 45 years with the Garfield Heights Police department, he left a legacy of programs and services that will benefit the community for years to come. Among them: Neighborhood Block Watch and McGruff the Crime dog programs and the local FOP Lodges Shop with a Cop program for underprivileged kids. Chief Albert P. Schaefer Mount Healthy Police Department In his 39 years with the Mount Healthy Police Department, Albert P. Schaefer had served in every capacity possible, including 19 years as chief, when he retired in 2011. The city of Mount Healthy has Chief Schaefer to thank for many programs and services, including the dARe and School Resource Officer programs, a wellness program, and K-9 and Bike Patrol programs. Chief Robert Taylor Genoa Township Police Department Chief Robert Taylor has given 38 years to the field of law enforcement, including 13 in his current position with the Genoa Township Police Department in southern Delaware County. He also served the Franklin County Sheriffs Office for 24 years, including five as chief deputy of the patrol division. Known for his uncompromising personal character, he often represented the department in policy, negotiation, and community relations matters. TRAINING AWARD Officer Charles D. Dave King Westerville Division of Police Officer Charles d. dave King believes in keeping it real. Thats why the training program he oversees for the Westerville Division of Police is so effective. Drawing on his 23 years with the department and past military experience, King has upgraded the type and quality of scenario-based training available to full-time officers and reserves since he began leading training efforts in 2007.
BCI agents pose with the Group Achievement Award they earned for their work in a Knox County case.
GROUP ACHIEVEMENT AWARD Operation Traverse Task Force Senior Special Agent Gabriel Hagan U.S. Immigration and Customs Enforcement Sgt. Don Sylvis Cleveland Metroparks Ranger Department Postal Inspector Paul Suboyu U.S. Postal Inspection Service Assistant U.S. Attorney Michael Sullivan Assistant U.S. Attorney Carol Skutnik U.S. Attorneys Office, Northern District of Ohio An undercover international sex tourism operation dubbed Operation Traverse demonstrated how far some people will go to commit unspeakable crimes. In September 2009, task force members created an undercover website offering secure travel from Cleveland to Canada to people interested in having sex with minors. Special agents acted undercover as facilitators of sex tourism, which victimizes an estimated 2 million children a year. In about a year and a half, the website logged 142,700 visits and inquiries from 330 individuals. Two Ohioans and two Germans were convicted.
Mark your calendar now for the 2012 Law Enforcement Conference, set for Oct. 2526 at the Hyatt Regency Columbus.
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Check out a short video highlighting the work of the Ohio Bureau of Criminal Investigation and learn how BCI can help your department. Youll get a close look at BCIs work and hear some impressive stats, such as: The Investigations division assisted 412 Ohio law enforcement agencies with 1,394 cases last fiscal year. The Identification division maintains more than 1.8 million sets of fingerprints. The Laboratory division annually processes more than 100,000 pieces of evidence.
LEGISLatIVE INITIATIVES
The Ohio Attorney Generals Office is working with the Ohio legislature to push for passage of the following bills, which are aimed at supporting local law enforcement. For more information on these efforts, contact Scott Corbitt, the offices director of policy and legislation, at 614-728-2279 or Scott.Corbitt@OhioAttorneyGeneral.gov.
(Senate Bill 223) Sponsor: Sen. Kevin Bacon (House Bill 329) Sponsor: Rep. Ross McGregor Status: Passed Senate unanimously; now being considered by House.* This legislation would give the Attorney General more power to assist local law enforcement in fighting fraud carried out via the Internet, telephone communications, or financial wire transfers. It would: Give the Attorney General subpoena power, allowing the office to build cyber fraud cases and present them to local prosecutors Commit Attorney Generals Office resources to local cyber fraud investigations and prosecutions Increase criminal penalties for cyber fraud and tie them to the dollar value of the fraud
(Senate Bill 285) Sponsors: Sens. Gayle Manning and Tom Patton Status: Passed Senate unanimously; now being considered by House.* This legislation would permit local law enforcement to request a statewide Blue Alert when a law enforcement officer has been severely injured or killed or to aid in locating a suspect or missing officer. Specific criteria would have to be met, such as: Local law enforcement agency would have to confirm an officer has been killed or severely injured and the suspect has not been apprehended, or a law enforcement officer went missing while on duty. There must be sufficient description of the suspect or the circumstances surrounding an officers injury, death, or disappearance to believe that an alert could help locate the suspect or missing officer.
(House Bill 195) Sponsors: Reps. marlene Anielski and Nan Baker Status: Being considered by House, then expected to head to Senate.* The bill would clarify what constitutes sweepstakes/Internet cafes and slot machines as well as: Require licensing and testing by a stateapproved laboratory funded by owners and distributors, making it easier for law enforcement to determine if an operation is complying with the law Limit the number of licenses per county and owner Restrict the number of machines per location Limit merchandise prizes to a value of $10 and prohibit cash payouts
Sweepstakes bill
throughout the state eight with an investigations focus and two with a cyber crime focus as well as a special agent supervisor, two computer forensic specialists, a criminal intelligence analyst, and a support staff member. BCI will troll the Internet for predators, increase its forensic analysis capabilities, and help local law enforcement serve arrest warrants. A Rapid Response Team will be comprised of victim advocates, special prosecutors, and BCI agents. We will expand our existing efforts to assist local prosecutors in sexual abuse cases, Attorney General DeWine said. Whatever they need, we are here for them and ready to assist.
are currently submitted for testing. With the new recommendation, up to 90 percent could be forwarded for processing, doubling BCIs caseload to 2,000 kits per year, The bureau plans to keep turnaround times in check through increased staffing and greater reliance on robotics. In addition, the Ohio Peace Officer Training Academy will enhance sexual assault courses to emphasize interaction with victims, victim advocates, and medical personnel. It also is working with the Crime Victim Section on an eOPOTA course that stresses a victim-focused response to sexual assaults.
Attorney General Mike DeWine accepts unneeded medication from a citizen during a 2011 Drug Take Back Day. For details on the fall event, see Page 3.