Page 3 of 11 Jul 2015 Issue of Athens Messenger in Athens, Ohio

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Athens Messenger (Newspaper) - July 11, 2015, Athens, Ohio I he Athens messenger saturday july 11, 2015 Page a3 former sheriff seeks stay in civil Case hied by county by Steve Robb messenger staff journalist former Athens county sheriff Patrick Kelly is ask ing that a civil lawsuit filed against him by Athens county be put on hold until the Appeal of his criminal conviction is resolved. Kelly was found guilty feb. 12 in Athens county common pleas court of 17 felonies and one Misdemeanour including 12 felony counts of theft in office. He was later sentenced to seven years in prison and is currently in Allen correctional institution. After the conviction Athens county filed a civil Law suit in common pleas court against Kelly to seek recovery of $85,406 in salary and benefits received by Kelly while he was under suspension. Kelly a attorney Scott Wood argues in a motion filed tuesday that if Kelly wins his Appeal of the criminal Case the civil lawsuit will become moot. A to proceed with a Case that could ultimately become moot is a waste of this courts precious and limited time and resources Wood argues. The civil Case is being heard by judge Patricia Cosgrove who presided Over the criminal trial in which a jury convicted Kelly. In tuesdays motion Wood also argues that a stay should be granted because the civil Case could prejudice Kelly a Appeal of the criminal conviction. continue with these civil proceedings would impair his fifth amendment rights against self incrimination expose his defense theories on Appeal to the prosecution and otherwise prejudice the criminal Appeal a Wood argues. County assistant prosecutor John Haseley said Friday that Athens county will oppose putting the civil lawsuit on hold. While awaiting trial Kelly was suspended on March 27, 2014 by a three judge special commission appointed by Ohio chief Justice Maureen of Connor. Kelly was entitled to continue to be paid but the Ohio Law under which he was suspended also allows the county to file a civil lawsuit to seek recovery of the compensation Kelly received until he was found guilty. The $85,406 includes $58363 in salary $14,788 paid for medical insurance $10364 paid into the Ohio Public employees retirement system on Kelly a behalf and county expenditures for medicare and for dental vision and life insurance. Meetings data processing Board the Athens county automatic data processing Board will meet on tuesday at to . In the commissioners conference room. The meeting is at the request of Athens county jobs and family services. Trimble school Board the Trimble local school Board will take place on tuesday july 28 at the Trimble High school Library 6 . Instead of the originally scheduled Date of tuesday july 21. Sunday Creek Valley water District the regular monthly meeting for the sunday Creek Valley water District scheduled for july 14 has been cancelled. Nelsonville City Council Nelsonville the Nelsonville City Council will hold a regular Council meeting on monday at 7 . In Council Chambers at City Hall. Courthouse Annex to close the Athens county courthouse Annex will close on wednesday at noon for replacement of an air conditioning unit. There will be no Access into the building catwalk or Alley during the closure. The Annex will reopen on thursday morning. Ohio state wants fired band directors lawsuit thrown out Columbus a Ohio state University a fired marching band director has no Legal grounds to proceed with his defamation suit lawyers for the University argued. In a thursday motion the University seeks the dismissal of Jonathan Waters Case before the Ohio court of claims. Waters was fired last july after an internal investigation determined he ignored a a is equalized culture within what a known to fans As the Best Damn band in the land. University attorneys argued most of the investigative reports lurid details weren to about Waters. Waters they wrote is trying to a convert the title in investigations findings about the bands culture into findings about him. In Point of fact however most of the findings about which he complains Are about the bands culture and not More importantly lawyers said is that Waters acknowledges a the University a conclusions about the band were Waters attorney David Axelrod noted that the . Department of education closed its four year investigation into the University a handling of sexual abuse allegations just weeks after Waters was fired. A of course Osu wants the lawsuit dismissed a he said. A they want nothing More than to sweep their poor decisions under the Rug. They be used Jon As a Scapegoat to escape the department of education a title in in the Brief Ohio state cites among reasons Waters has no grounds for his defamation claims a fed the associated press in this sept. 7, 2013 file photo Ohio state University marching band director Jonathan Waters leads the band in a Carmen Ohio following an Mcaa football game against san Diego state at Ohio stadium in Columbus. University lawyers argued fired marching band director Waters has no Legal grounds to proceed with his defamation suit and seeks dismissal of his Case before the Ohio court of claims. Waters was fired last july after an internal investigation determined he ignored a a is equalized culture within what a known to fans As a the Best Damn band in the eral judges april ruling in a separate civil rights suit that the University did no to violate his due process rights. Waters discrimination claim in that Case is proceeding. Quot while or. Waters agrees with Ohio state that the bands culture needed fixing he and Ohio state disagree about who was the right person to fix it a attorneys wrote. A during the Media Campaign he conducted after his termination or. Waters claimed he was that person. This is both ironic and ironic they wrote because the culture a a flourished while he ran the band and significant because it constitutes an admission that the bands culture was inappropriate. University president Michael Drake released the band culture report at the same time he announced Waters firing. The firing came As a Surprise to Many. At the time Waters half time shows were considered revolutionary. The morphing and dancing scenes designed on pads garnered hundreds of thousands of hits on youtube and landed the already celebrated band in an Apple commercial. Waters has argued that his reputation was inextricably tied to the scandalous nature of the report which detailed a Litany of sexually suggestive and profane band rituals and traditions. He said he is now unable to get a Job in his Field. Mom sues Myca says it excluded boy with Down syndrome despite using him in promotions Cincinnati a a Myca in Ohio excluded a 6-year-old boy from a summer Camp and some other programs because he has Down syndrome and treated him hypocritically after using his photos in its promotions extolling opportunities for everyone his Mother says in a Federal lawsuit alleging discrimination. The lawsuit filed recently in . District court in Cincinnati accuses the great Miami Valley Myca in Butler county of violating the Federal americans with disabilities act and the Federal rehabilitation act by not providing a reasonable accommodations in its programs and by discriminating and retaliating against the boy based on his disability. The lawsuit wants the Myca ordered to provide such accommodations and seeks unspecified damages for Denise Watts and son Steven Heffron. Watts attorney Richard Ganulin says the Myca also has refused to assess Steven to determine reasonable modifications to its practices and procedures to help the child. A a it a a slap in the face to use Steven As a poster child and then deny him equal opportunities a Watts said. The american with disabilities act requires summer Camps and other entities accommodating the Public to make reasonable modifications enabling those with disabilities to participate fully in All programs and activities and the Justice department has said that generally Means children with disabilities Are entitled to attend any Camp or activity no disabled children attend. Attorney Michael Hawkins is representing the Myca and says it is still gathering facts. But he said youth development has been a focus of the nonprofit organization for decades and he is confident it will continue to do everything possible to support Young Peoples needs. But Watts maintains the Myca Hasni to supported Stevens needs. The boy completed kindergarten this past school year at a Middletown Public school where his Mother also enrolled him in the my can a before school and after school programs. But the Myca removed Steven from its morning program restricted him to a much Shorter time than other children at the afternoon sessions and said he attend its regular summer Camp for typically developing children according to Watts. The Myca told her its regular summer Camp and before and after school programs Arentt Safe environments for Steven and suggested he attend its Camp for children with special needs Watts said. She said she ended up registering Steven for that Camp so he could at least have some summer activity. Quot but he thrives in settings with typically developing children and struggles when he a placed with Only special needs children a Watts said. Meanwhile Myca officials insist the Camp Steven is allowed to attend Isnit limited to children with disabilities. Watts who said she lost her Job As an assistant teacher in the my can a Early education program because of advocating for Steven Hopes her efforts can somehow help other parents and children. The National Down syndrome society Isnit actively involved in the Legal action but says it has been in Contact with the Watts family and is monitoring the Case. An attorney with disability rights Ohio is also keeping an Eye on the lawsuit. A we Monitor pending lawsuits like this to see if they have the potential to create a precedent for other people with disabilities Quot Kevin Truitt said. Witnesses sue attorney who accused them of lying by Steve Robb messenger staff journalist an attorney who accused witnesses of defaming his client Shannon Sheridan is now being sued by those witnesses. Trudie and Jerry Sayre of Baker Road filed a lawsuit thursday in Athens county common pleas court against Cleveland attorney Mark Herron. The Sayres claim among other things that Herron defamed them and they ask the court for compensatory damages of at least $25,000 and punitive damages of an unspecified amount. Sheridan a former Athens county sheriffs Deputy was fired by sheriff Rodney Smith in part based on statements made by the Sayres and by Brian Hart who was an employee of the trailer Park where Trudie Sayre was manager. Sheridan is appealing his dismissal to the state personnel Board of review and Herron is his attorney. The Sayres and Hart Are expected to be key witnesses. In april Herron sent a letter to the Sayres demanding that they retract the statements they gave to Law enforcement officers who investigated complaints they made against Sheridan. Herron threatened the filing of a defamation lawsuit if they did not comply. Herron also issued a news release regarding the matter and included the letter that had been sent to the Sayres. The documents accuse the Sayres and Hart of making false accusations against Sheridan and the Sayres of coercing Hart into making false statements. In june Herron filed a defamation lawsuit on behalf of Sheridan against All three. The incident that led to Sheridan a firing allegedly happened last August when he went to the trailer Park after Trudie Sayre had reported break ins there. Sheridan has been accused of making sexually suggestive comments to her and staring at her breasts. Hart was allegedly present. Jerry Sayre reported the alleged impropriety to the sheriffs office. In their suit the Sayres accuse Herron of defaming them by asserting that they made false statements against Sheridan and by asserting that they coerced Hart. They also accuse Herron of abusing the Legal system by filing the defamation lawsuit in june. They claim the lawsuit was filed with an a ulterior motive a for the a purpose of bullying intimidating and coercing them into retracting their statements against Sheridan. The Sayress lawsuit also accuses Herron of intentionally inflicting emotional distress upon Trudie Sayre by sending the letter that demanded a retraction and threatened a defamation lawsuit and by then sending out the news release about it. Glouster Railroad crossing to get upgrade by Sarah Guinn messenger staff journalist Glouster a in order to Best keep school children and Community members Safe Mast mounted flashing lights and Roadway Gates will be installed at the rail crossing at Braun Street. The Public utilities commission of Ohio Puco approved the project wednesday and Norfolk Southern railway will install the lights and Gates according to a Puco news release. Its an upgrade the Village of Glouster has needed for a Long time mayor Miles Wolf told the messenger particularly with the Hocking Athens Perry Community action pre school nearby. Also coming to Braun Street Are reflective warning strips to caution Drivers on both sides of the Road Wolf said and funding for the additional signage is available through the state Grade crossing safety fund. A a it a not that there a any grave danger there most people know there is a Railroad crossing there a Wolf said. A but due to the face that Hap Cap pre school is there the commission decided it would be Best to have the upgrades because there is a Small bus that runs through Glouster Village Council members called for the Railroad crossing upgrades last fall he said and believed the improvements were much needed. A i agree with the Council its going to keep everyone in the neighbourhood Safe a he said. The project is to be completed by april 8,2016, according to Puco. Suje suit cons jtte00en<jer aug Media of Ohio 9300 Johnson Road Athens Ohio 45701 740 592-6612 fax 740 592-4647 email published tuesday sunday by the messenger publishing co. To. Box 4210 Athens Ohio 45701 circulation customer service 740-592-6612 second class postage paid Athens. Ohio. Post office postmaster Send change of address to the messenger . Box 4210 Athens Ohio 45701 subscriptions available by Carrier motor route or mail. Call for information. Single copy .50� a sunday $1.75 uses 035-620 member Iii Inland press j the Athens messenger is printed on recycled paper

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