2008 OPAA Fall Workshop
September 25 and 26, 2008
Wyndham at Playouse Square, Cleveland, Ohio
This year's fall training will cover a variety of topics including evidence based prosecutions in domestic violence cases, an overview of the Ohio Attorney General's Patient Abuse/Neglect/Medicaid Fraud Control Unit, another chapter in the ongoing saga that is the Adam Walsh Act, an update on OVI as a result of Senate Bill 17, dealing with contempt of court issues, and for the first time at the fall meeting, complete Ethics, Professionalism, and Substance Abuse mandatory CLE subjects.
Thursday, September 25
9:00 - 10:00 Registration and Continental Breakfast
10:00 - 12:00 Evidence Based Prosecution of Family Violence Cases
This three hour training stresses the practical application of Evidence Based Prosecution of family violence cases for prosecutors and law enforcement. The history of Evidence Based Prosecution and its efficacy will lay the foundation for real examples of how law enforcement can more effectively investigate domestic violence cases before submitting it to the prosecution, evaluating the strength of the evidence, and making charging decisions. Once the case is filed, the presentation will cover pre trial preparation of the case, motions, and jury selection issues. We will discuss working with recanting and uncooperative victims, and how to use expert witnesses to help juries understand the behavior of victims of domestic violence. Finally, there will be an in depth discussion of Crawford v. Washington and its progeny, and how Evidence Based Prosecution can work with current case law. While the training will focus primarily on intimate partner violence, there will also be direct application of these techniques to cases involving child abuse, elder abuse, and sexual assault.
Timothy E. Campen, Esq.
Deputy District Attorney
Family Protection Division
San Diego District Attorney's Office
12:00 - 1:00 Lunch
1:00 - 2:00 Prosecuting Domestic Violence continues...
2:00 - 2:15 Break
2:15 - 3:45 OVI Update And Proving Your Case With Forensic Toxicology
This session will cover the recent changes in OVI law as a result of Senate Bill 17, the validity and admissibility of hospital test results, the validity and admissibility of testing outside the 3 hour limit; and sample tampering issues of blood and urine specimens.
Victor V. Vigluicci, Portage County Prosecuting Attorney
Dr. Robert H. Powers, Ph.D., DABFT
Director, Connecticut Department of Public Safety, Toxicology Lab
3:45 - 4:45 Abuse in Ohio - It's Getting Old
This presentation will examine reporting, investigating and prosecuting individuals responsible for physically or sexually abusing or neglecting residents in Ohio's nursing homes. This presentation will include an analysis of the relevant criminal statutes, an in depth look at specific case studies and a discussion about what the Attorney General's office is doing to detect and prosecute these individuals. We will also explain the referral process that the Attorney General's Office uses to send their investigations to local prosecutors for prosecution.
Special Agent Supervisor Chris Haenszel and
Assistant Attorney General Corinna Vaughn
Ohio Attorney General's Office
Friday, September 26
8:00 - 9:00 Registration and Continental Breakfast
9:00 - 10:00 Professionalism
Judge Gallagher will discuss professionalism as it pertains to prosecutors, including A Lawyer's Creed and A Lawyer's Aspirational Ideals.
Judge Sean Gallagher
8th District Court of Appeals
10:00 - 10:15 Break
10:15 - 11:15 Ethics
Ethics issues that face the prosecuting attorney's office and an overview of the Code of Professional Responsibility.
Cuyahoga County Assistant Prosecutor
11:15 - 11:45 Substance Abuse
Recognizing addictions and treatment alternatives will be discussed along with mental health issues, the Ohio Lawyers Assistance Program, and other ways of receiving help.
Lawyers Assistance Program
11:45 - 12:45 Lunch
12:45 - 2:15 In The Aftermath of the Adam Walsh Act
The presentation will provide guidance to prosecutors on how the new registration process works as well as provide an update on the litigation of challenges to the Adam Walsh Act . Additionally, an update on Ohio's compliance efforts will be provided.
Erin G. Rosen, Senior Assistant Attorney General
General Counsel, Ohio Law Enforcement Gateway
Ohio Attorney General's Office
2:15 - 2:30 Break
2:30 - 3:30 You Are in Contempt. A Prosecutor's Guide To Contemptuous Conduct
There are many different types of contempt that a prosecutor must be aware of when representing the State. What are the procedures that must be followed to have a witness jailed for contempt of court when the witness refuses to testify? This presentation will review civil contempt, criminal contempt, direct contempt and indirect contempt. A defendant also has a constitutional right to be present at trial and a constitutional right to a public trial. This presentation will examine the Court's right to exclude a defendant from trial and clear the courtroom.
Former Summit County Assistant Prosecutor
OPAA HAS REQUESTED SUPREME COURT APPROVAL FOR 10.50 HOURS OF CLE TRAINING.
Guest rooms at the Wyndham are $125.00 single or double occupancy. Call the Wyndham at 216-615-7500 or 800-996-3426 to make reservations. Be sure to tell them you are with OPAA to receive this rate. Our hold on rooms expires on August 28th.
The registration fee of $200.00 covers all handout materials, continental breakfast, and lunch both days, and refreshments at breaks. The fee for one day only is $125.00. Due to the expense of producing the training manual, which requires an early commitment, a $45.00 penalty will apply to all cancellations made through September 7th, and a manual will be sent to the registrant. To help defray the cost of food guarantees, cancellations after September 7th will be assessed a penalty of $110.00 if scheduled to attend both days, and an $85.00 penalty if scheduled for one day only.
NOTE: If any registrant has special dietary needs, contact Delores at 614-221-1266, so that advance arrangements can be made.