Attorneys request judge remit recusal in case
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Highland County Common Pleas Court Judge Rocky Coss recused himself from a case Wednesday to avoid an appearance of impropriety, but after attorneys conferred with each other, they asked that the judge stay on the case.
Ryan Walker, of Hillsboro, was indicted in December on charges of breaking and entering, theft and possessing criminal tools, all felonies of the fifth degree.
He appeared Wednesday in Highland County Common Pleas Court for a pretrial hearing. The court began to address a motion filed by Walker's attorney, William Armintrout, for treatment in lieu of conviction. However, Coss said that he has utilized the optometry services of the victim in the case, and that he needed to recuse himself in order to avoid a public perception of bias in the case.
According to the indictment, "On or about July 12, 2011 in Highland County, Walker did by force, stealth or deception trespass in a business, an unoccupied structure, with purpose to commit therein, a theft offense as defined in O.R.C. 2913.01 or a felony, in violation of 2911.13(A) O.R.C. and against the peace and dignity of the state of Ohio. Walker did with purpose to deprive Dr. Ralph Williams and Dr. Leah McConnaughey, the owners, of their property, to wit: several pairs of Nike sunglasses, several pairs of Rec-Specs athletic frames, $479 in cash, computer data back-up tapes, did knowingly obtain or exert control over said property without the consent of Dr. Ralph Williams and Dr. Leah McConnaughey, the owners or persons authorized to give consent, said property being valued at greater than $500 but less than $5,000, in violation of 2913.02(A)(1)O.R.C. and against the peace and dignity of the state of Ohio. Walker did possess or have under his control a device with the purpose of using it criminally in the commission of a felony, to wit: ladder, police scanner/radio, in violation of 2923.24(A)O.R.C."
Coss said that while he personally did not feel that in his own mind that there would be an issue of bias, he said that he felt compelled to recuse himself, and would look into finding another judge for to hear the case.
Armintrout and Highland County Prosecutor Anneka Collins conferred off the record, outside Coss' presence, and then asked the judge that he remit his recusal.
Coss asked Walker if he was OK with him hearing the case, and Walker indicated that he did not have a problem. Collins and Armintrout said for the record that Coss did not ask them to request that he stay on the case.
Addressing the motion for treatment in lieu of conviction, Coss asked Collins if there were any questions.
"Only that the state is not recommending it," Collins said.
Coss asked, "Is it eligible under law?" and Collins said that it was, under law.
Coss ordered an assessment of Walker, and ordered that he report to Family Recovery Services to be evaluated. He also ordered that a pre-sentence report be compiled by the Highland County Probation Department.
A final pretrial hearing in the case is scheduled for Feb. 1, and a jury trial is scheduled for Feb. 21.
Highland County Common Pleas Court Judge Rocky Coss recused himself from a case Wednesday to avoid an appearance of impropriety, but after attorneys conferred with each other, they asked that the judge stay on the case.
Ryan Walker, of Hillsboro, was indicted in December on charges of breaking and entering, theft and possessing criminal tools, all felonies of the fifth degree.
He appeared Wednesday in Highland County Common Pleas Court for a pretrial hearing. The court began to address a motion filed by Walker's attorney, William Armintrout, for treatment in lieu of conviction. However, Coss said that he has utilized the optometry services of the victim in the case and that he needed to recuse himself in order to avoid a public perception of bias in the case.
According to the indictment, "On or about July 12, 2011 in Highland County, Walker did by force, stealth or deception trespass in a business, an unoccupied structure, with purpose to commit therein, a theft offense as defined in O.R.C. 2913.01 or a felony, in violation of 2911.13(A) O.R.C. and against the peace and dignity of the state of Ohio. Walker did with purpose to deprive Dr. Ralph Williams and Dr. Leah McConnaughey, the owners, of their property, to wit: several pairs of Nike sunglasses, several pairs of Rec-Specs athletic frames, $479 in cash, computer data back-up tapes, did knowingly obtain or exert control over said property without the consent of Dr. Ralph Williams and Dr. Leah McConnaughey, the owners or persons authorized to give consent, said property being valued at greater than $500 but less than $5,000, in violation of 2913.02(A)(1)O.R.C. and against the peace and dignity of the state of Ohio. Walker did possess or have under his control a device with the purpose of using it criminally in the commission of a felony, to wit: ladder, police scanner/radio, in violation of 2923.24(A)O.R.C."
Coss said that while he personally did not feel that in his own mind that there would be an issue of bias, he said that he felt compelled to recuse himself and would look into finding another judge for to hear the case.
Armintrout and Highland County Prosecutor Anneka Collins conferred off the record, outside Coss' presence, and then asked the judge that he remit his recusal.
Coss asked Walker if he was OK with him hearing the case, and Walker indicated that he did not have a problem. Collins and Armintrout said for the record that Coss did not ask them to request that he stay on the case.
Addressing the motion for treatment in lieu of conviction, Coss asked Collins if there were any questions.
"Only that the state is not recommending it," Collins said.
Coss asked, "Is it eligible under law?" and Collins said that it was, under law.
Coss ordered an assessment of Walker and ordered that he report to Family Recovery Services to be evaluated. He also ordered that a pre-sentence report be compiled by the Highland County Probation Department.
A final pretrial hearing in the case is scheduled for Feb. 1, and a jury trial is scheduled for Feb. 21.
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