Court denies judicial release for Blaine
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Highland County Common Pleas Court Judge Rocky Coss has denied a motion for judicial release for a Greenfield man who was convicted of stealing $267,911.11 from a Greenfield church.
The Highland County Prosecutor's office asked the court this week to deny the release, saying that Blaine, "has continued to make a mockery of this court and this crime," and that the church has had to fighter foreclosure proceedings due to Blaine's actions.
Jim Blaine has served less than a year on a nearly five-year sentence. In August 2010 Blaine pleaded guilty to one count of forgery, a felony of the fifth degree, and aggravated theft, a felony of the third degree. He was sentenced to four years and 11 months on the charges.
In the motion for judicial release filed Sept. 9, Blaine's attorney Scott Calaway wrote, "As this court is aware, Mr. Blaine is a man of God. He served his church and his community for most of his adult life. That dedication did not end in prison. Mr. Blaine has taken part in three religious programs. But that is just sanctioned activities. Mr. Blaine also regularly counsels other inmates and tries to use his example and his history to help other inmates rehabilitate, and in doing so, he hopes to rehabilitate himself."
Calaway wrote that Blaine has had no disciplinary issues in prison and has used his time in incarceration "to delve into the issues that allowed a man of his position to end up in prison. (He participated in rehabilitation programs) to better understand and empathize with those he has harmed as well as to look into what thought processes allowed him to commit the crimes that led to his incarceration ... Blaine has adjusted well, considering he seems to be the type who does not belong in a prison setting. In (Calloway's) opinion, (Blaine's) criminal behavior, a momentary lapse in judgment, will most likely never happen again."
The defense asked that Blaine be placed on community control.
"During the course of criminal litigation, Mr. Blaine did not always show the remorse he truly felt. Mr. Blaine was emotional and felt the case was more than a criminal charge, he felt it was a personal attack. While he accepted responsibility during his plea, it was clear he court did not believe that Mr. Blaine was remorseful. At the time that may have been true. However, during Mr. Blaine's incarceration he has been removed from the stress and anxiety of the case and the unknown. Jim has accepted his time and had time to reflect on his actions outside of the media spotlight and the court. It was during this time alone in prison, with his Bible and the other inmates that came (Blaine) came to remember the real reason he became involved in church to begin with; to serve God and others. Mr. Blaine is now truly remorseful and hopes he can be released to serve others, to serve God, and to prove to his family, to his community, to his former congregation, and to the court that (the) trust that so many had placed in him for so long was not unfounded."
Highland County Prosecutor Anneka Collins filed a motion in opposition to judicial release on Sept. 13.
"The defendant has shown an absolute lack of remorse for his crimes," Collins wrote. "The defendant stood in a position of trust with his victims. Few people trust someone more than their pastor, and this defendant took advantage of that trust and stole hard-earned money from his congregation. Even on Aug. 12, 2010, the day after the defendant entered his plea of guilty, the defendant wrote a letter in which he proclaimed he was not guilty and only entered (into) the plea to get on with his life. This man shows no real remorse and is not sorry for the crimes he committed; only sorry that he got caught.
Collins said that law enforcement, "who has investigated the defendant for different crimes since 2003, are adamantly opposed to early release for this defendant." The victims are also opposed, she wrote, and has asked that the defendant serve the entire sentence.
Collins noted that during the court proceedings that Blaine was found to have violated the terms of his bond several times, which is, "an indication that he will not be successful on community control and should not be granted community control.
"The church is in a law suit with a credit union for approximately $200,000. Insurance only covered $2,000 of the loss. The church has had to fight foreclosure proceedings. Credit card companies call daily regarding credit cards the defendant has in his name with the church. The defendant continues to have a following of about 20 people and he continued to collect about $100 per month from this group. The defendant tells this group that he is getting out of prison and a parting is being planned. Finally, the defendant continues to advise that he was wrongly accused by Judge Coss and he is not guilty."
Coss filed an entry Sept. 14 denying Blaine release from prison, saying that restitution has not been resolved, and that the court is not convinced that Blaine's remorse is sincere.
"Defendant's memorandum also asserts that he is not a danger to society," Coss wrote. "While there is no evidence to suggest that he would commit any acts of violence, his past actions indicate that he is someone who is able to gain great confidence of people who consider him to be their pastor. It was that confidence and trust that he breached in committing these crimes for which he has been convicted. The state's memorandum referred to a letter that the defendant wrote to some of his continuing supporters. The court had this at the time of sentencing and referred to it at the hearing.
During that sentencing hearing, Coss told Blaine, "Your remorse is eloquent, but it is far from sincere. You pleaded guilty to theft. In the eyes of the law, you are a thief. I don't think you see yourself as a thief. I think you see yourself as a victim." Coss told Blaine that he kept speaking about his good works, but, that he would paraphrase the word of God, saying, "Your good works won't get you into heaven."
In the entry this week, Coss wrote, "The court is not convinced that Mr. Blaine's remorse is sincere. It was apparent to the court that he considered himself to be a victim, and it is difficult for the court to accept that he has changed that opinion. To the court's knowledge, he has yet to write any apology to his victim or the members of the church indicating that he was responsible and that he forged the names of the church board members or officers to obtain the loans. The matter of sentencing and judicial release is not just about a defendant's punishment and rehabilitation. It is about the loss and continued suffering of the victims. It is about deterrence to others similarly situated who may have a propensity to commit a similar crime in the community. In this case, the victims are continuing to suffer financial loss in litigation and the church's liability for the mortgages. The sentence served to date is not an adequate term in the court's opinion in view of the extents of the loss and nature of the offenses. Therefore, the court denies the defendant's motion for judicial release."
Coss also ordered that Blaine pay court costs.
Highland County Common Pleas Court Judge Rocky Coss has denied a motion for judicial release for a Greenfield man who was convicted of stealing $267,911.11 from a Greenfield church.
Jim Blaine has served less than a year on a nearly five-year sentence. In August 2010, Blaine pleaded guilty to one count of forgery, a felony of the fifth degree, and aggravated theft, a felony of the third degree. He was sentenced to four years and 11 months on the charges.
The Highland County Prosecutor's office asked the court this week to deny the release, saying that Blaine "has continued to make a mockery of this court and this crime," and that the church has had to fighter foreclosure proceedings due to Blaine's actions.
In the motion for judicial release filed Sept. 9, Blaine's attorney Scott Calaway wrote, "As this court is aware, Mr. Blaine is a man of God. He served his church and his community for most of his adult life. That dedication did not end in prison. Mr. Blaine has taken part in three religious programs. But that is just sanctioned activities. Mr. Blaine also regularly counsels other inmates and tries to use his example and his history to help other inmates rehabilitate, and in doing so, he hopes to rehabilitate himself."
Calaway wrote that Blaine has had no disciplinary issues in prison and has used his time in incarceration "to delve into the issues that allowed a man of his position to end up in prison. (He participated in rehabilitation programs) to better understand and empathize with those he has harmed as well as to look into what thought processes allowed him to commit the crimes that led to his incarceration ... Blaine has adjusted well, considering he seems to be the type who does not belong in a prison setting. In (Calloway's) opinion, (Blaine's) criminal behavior, a momentary lapse in judgment, will most likely never happen again."
The defense asked that Blaine be placed on community control.
"During the course of criminal litigation, Mr. Blaine did not always show the remorse he truly felt. Mr. Blaine was emotional and felt the case was more than a criminal charge, he felt it was a personal attack. While he accepted responsibility during his plea, it was clear he court did not believe that Mr. Blaine was remorseful. At the time that may have been true. However, during Mr. Blaine's incarceration he has been removed from the stress and anxiety of the case and the unknown. Jim has accepted his time and had time to reflect on his actions outside of the media spotlight and the court. It was during this time alone in prison, with his Bible and the other inmates that came (Blaine) came to remember the real reason he became involved in church to begin with – to serve God and others. Mr. Blaine is now truly remorseful and hopes he can be released to serve others, to serve God, and to prove to his family, to his community, to his former congregation, and to the court that (the) trust that so many had placed in him for so long was not unfounded."
Highland County Prosecutor Anneka Collins filed a motion in opposition to judicial release on Sept. 13.
"The defendant has shown an absolute lack of remorse for his crimes," Collins wrote. "The defendant stood in a position of trust with his victims. Few people trust someone more than their pastor, and this defendant took advantage of that trust and stole hard-earned money from his congregation. Even on Aug. 12, 2010, the day after the defendant entered his plea of guilty, the defendant wrote a letter in which he proclaimed he was not guilty and only entered (into) the plea to get on with his life. This man shows no real remorse and is not sorry for the crimes he committed; only sorry that he got caught."
Collins said that law enforcement, "who has investigated the defendant for different crimes since 2003, are adamantly opposed to early release for this defendant." The victims are also opposed, she wrote, and has asked that the defendant serve the entire sentence.
Collins noted that during the court proceedings that Blaine was found to have violated the terms of his bond several times, which is "an indication that he will not be successful on community control and should not be granted community control.
"The church is in a law suit with a credit union for approximately $200,000. Insurance only covered $2,000 of the loss. The church has had to fight foreclosure proceedings. Credit card companies call daily regarding credit cards the defendant has in his name with the church. The defendant continues to have a following of about 20 people and he continued to collect about $100 per month from this group. The defendant tells this group that he is getting out of prison and a parting is being planned. Finally, the defendant continues to advise that he was wrongly accused by Judge Coss and he is not guilty."
Coss filed an entry Sept. 14 denying Blaine release from prison, saying that restitution has not been resolved, and that the court is not convinced that Blaine's remorse is sincere.
"Defendant's memorandum also asserts that he is not a danger to society," Coss wrote. "While there is no evidence to suggest that he would commit any acts of violence, his past actions indicate that he is someone who is able to gain great confidence of people who consider him to be their pastor. It was that confidence and trust that he breached in committing these crimes for which he has been convicted. The state's memorandum referred to a letter that the defendant wrote to some of his continuing supporters. The court had this at the time of sentencing and referred to it at the hearing.
During that sentencing hearing, Coss told Blaine, "Your remorse is eloquent, but it is far from sincere. You pleaded guilty to theft. In the eyes of the law, you are a thief. I don't think you see yourself as a thief. I think you see yourself as a victim." Coss told Blaine that he kept speaking about his good works, but that he would paraphrase the word of God, saying, "Your good works won't get you into heaven."
In the entry this week, Coss wrote, "The court is not convinced that Mr. Blaine's remorse is sincere. It was apparent to the court that he considered himself to be a victim, and it is difficult for the court to accept that he has changed that opinion. To the court's knowledge, he has yet to write any apology to his victim or the members of the church indicating that he was responsible and that he forged the names of the church board members or officers to obtain the loans. The matter of sentencing and judicial release is not just about a defendant's punishment and rehabilitation. It is about the loss and continued suffering of the victims. It is about deterrence to others similarly situated who may have a propensity to commit a similar crime in the community. In this case, the victims are continuing to suffer financial loss in litigation and the church's liability for the mortgages. The sentence served to date is not an adequate term in the court's opinion in view of the extents of the loss and nature of the offenses. Therefore, the court denies the defendant's motion for judicial release."
Coss also ordered that Blaine pay court costs.
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