Posted on 03/17/2006 6:54:16 PM PST by Former Military Chick
Three months after sentencing a sex offender to probation rather than prison, Franklin County Judge John A. Connor yesterday found himself in the crosshairs of Ohio politicians calling for his impeachment and a national commentator who labeled him "the worst judge in America." Connor, a soft-spoken Democratic Common Pleas Court judge, was roundly lambasted by Ohio Gov. Bob Taft, Attorney General Jim Petro, House Speaker Jon A. Husted and top-rated Fox television commentator Bill O'Reilly for sentencing a convicted sex offender to five years of probation instead of prison.
Taft, Petro and Husted, all Republicans, said the House should consider impeaching the 65-year-old judge. O'Reilly brought up Connor's drunken-driving and cocaine convictions before telling his television audience: "This guy has got to go."
The Justice League of Ohio, a victims'-rights group based in Powell, plans a rally this morning outside the Rhodes Tower to build support for removing Connor. The league's Heather Karr said members haven't decided how to force Connor out of office but are determined to do so.
Connor was unmoved.
"I made the best decision I could with the facts I had," he said in an interview yesterday as elected officials issued increasingly pointed statements calling for his ouster.
"I haven't violated any laws. I haven't violated my oath of office."
Last December, Connor sentenced 46-year-old Andrew S. Selva to five years of probation under intensive sex-offender supervision, including one year of home confinement with electronic monitoring.
The Hilliard man had been indicted in January 2004 on 20 counts of rape and two counts of gross sexual imposition involving a 12-year-old boy and a 5-year-old boy. Franklin County prosecutors ultimately charged Selva with two counts each of rape and engaging in unlawful sexual conduct.
Under a plea agreement with the prosecutor's office, Selva pleaded guilty to two counts of sexual battery, a lesser crime that does not require prison but can carry a maximum sentence of five years.
Connor's sentence of probation outraged many of Selva's neighbors. The Dispatch published a story in early March; last weekend, a producer for O'Reilly's television program camped outside Connor's home to confront him about the punishment.
Monday evening, O'Reilly aired a segment in which he said Connor was the worst judge in America and called on viewers to urge Taft and the Ohio Supreme Court to take action against Connor.
Taft's office had received 4,500 e-mail messages and more than 200 phone calls about Connor by mid-afternoon yesterday, spokesman Mark Rickel said. The Supreme Court's disciplinary counsel, Jonathan E. Coughlan, said his office was receiving dozens of calls and messages per hour.
Taft, Petro and Husted all said they were appalled by Connor's sentence.
"Protecting our children must be our highest priority," Taft said in a written statement. "Judge Connor's decision is unfair to victims and sends the wrong message to would-be criminals.
"The state legislature has the authority to remove sitting judges. The sentence is an obvious miscarriage of justice, and the legislature should act immediately."
Petro, who appeared on O'Reilly's program yesterday, said that while Connor had the authority to order probation, he abused his discretion. Petro noted that his office and Ohio lawmakers have developed tough laws against sex offenders and a comprehensive database to let the public know where registered sex offenders live.
"When you do all of that, and the judge doesn't apply reasonable sentencing guidelines, it's all for naught," Petro said. "I'm a believer in good, solid judicial discretion, but in this case, that discretion seems to have been misused."
Husted said Connor erred by invoking his own alcoholism -- and subsequent recovery program -- as evidence that Selva could be rehabilitated. Connor, an alcoholic with a string of drunken-driving arrests from 1978 to 2002, told Selva during sentencing that both had diseases that could be managed through therapy and supervision.
Connor also was convicted of possessing cocaine during a traffic stop in 1984. The judge said he's been sober since 2002 and is in a 12-step program for alcoholism.
"He's using his past and current problems as an excuse for giving a lenient sentence," Husted said.
One of Selva's defense attorneys, Terry Sherman, said Connor is being unfairly pilloried for imposing probation when prosecutors did not press for prison time. Sherman also said prosecutors accepted the plea deal that spared Selva from the more serious rape charges.
Franklin County Prosecutor Ron O'Brien did not return a call for comment.
"Judge Connor did not give this guy probation," Sherman said. "Judge Connor gave this guy a year of a house sentence with a monitor. If he violates anything, he'll go to jail for eight years."
Husted said the House GOP caucus is looking into whether to launch formal impeachment proceedings against Connor or to seek a resolution of two-thirds of both House and Senate members to force his removal. If 15 percent of Franklin County voters who cast ballots in the last election for governor sign a petition calling for Connor's removal, the matter would go to a court where a judge or jury could order his ouster for cause. Connor also could be forced from office through the Supreme Court's disciplinary process.
Easily re-elected in 2004, Connor's term expires in 2010, after which he is ineligible to run because of his age.
Connor said he would not step down even if the House tries to impeach him. Such a move by the state's legislative body, he said, would undermine the authority of courts by subjecting judges to political pressure whenever they issue sentences.
jnash@dispatch.com
I can't even express my disgust at that Judge.
Sounds like the prosecutor deserves a fair share of the a$$ kicking, too. I know DAs like to cut deals and avoid trials because of backlog, but this is absurd. The DA shouldn't have offered such a deal.
Hope the criminal moves in next door to that Judge.
Someone needs to do something about the DA that cut such a deal.
I agree with your views. The Judge is taking a lot of heat, and rightfully so, but the prosecutor who pled down this case was just as much to blame.
The Judge probably isnt the worst Judge in the land , but he is in the top ten. The prosecutor isnt any better, Now let me add that the prosecutor in the Massaui case is also in the running for worlds worst prosecutor, and ya know what? I bet she wont get fired.
I don't think the people will buy it. He's toast and he knows it.
It's a good example of democRAT bastards watching out for their own.
I'm happy to see that one of our local judges (Circuit Judge Chad Schmucker, Jackson Mi.) actually exceeded sentencing guidlines for a child molester in our area.
This is a total miscarriage of justice. The Judge should be removed from the bench and the prosecutor investigated.
Sir, that is why we need judges who can make better decisions!
Here's an example of what I was talking about - and there's plenty more.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
Wait a minute, he won't step down even if he is impeached and convicted? Send in the marshalls. Yes he will.
WTF? If they found coke in my car, I'd end up doing 15 years!
I guess "All animals are equal, but some animals are more equal than others"
This is the same judge in my town that let a convicted felon out on probation (despite a history of drunk driving) and he promptly kills two teenagers.
This judge is a total alcoholic embarrasment.
Point taken.
In the DA's defense, we don't what he had to work with. Prosecutors will often settle for seemingly too lenient plea because they're aware that they can lose the case, and the guy walks away scott free. The problem here is that even under the plea agreement, the judge let the freak back out into society, when he didn't have to.
Do they stand for any type of election?
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