2016 OPAA Fall Training
September 22 & 23, 2016
Wyndham on Playhouse Square, Cleveland, Ohio
The 2016 OPAA Fall Training will cover a variety of topics including a continuation of our exploration into technology; interacting with crime victims; verdict forms; issues with illegal tire dumping; parole board and clemency hearings; and a look at recent cases affecting the prosecutor’s office decided by the Ohio Supreme Court. We will also have complete CLE required credits for “professional conduct” (what was once divided as ethics, professionalism, and substance abuse).
Thursday, September 22
9:00 - 10:00 Registration and Continental Breakfast
10:00 - 11:00 PC and Mobile Forensics - Current Capabilities and Trends
This presentation will allow prosecutors to gain knowledge and insight into handling criminal cases involving digital evidence. The discussion
will include a review of current operating systems and file systems prosecutors are likely to encounter in both PC and mobile device evidence. We will also address the rising trend towards strong encryption and device security. The session will conclude with alternate source discussion for device data and training sources to support examinations.
Allan Buxton, Senior Trainer/Developer
11:00 - 11:15 Break
11:15 - 12:15 PC and Mobile Forensics - Current Capabilities and Trends, continued
12:15 - 1:15 Lunch
1:15 - 2:45 Facility Dogs and Trauma Informed Care Throughout The Judicial System
This two-part presentation will include a review of the utilization and positive impact of facility dogs within the criminal justice system with anxious or traumatized victims and witnesses. Current case law both
locally and throughout the country as it relates to the use of facility dogs
will be discussed. The second part of the presentation will focus on
victims’ normal reactions to abnormal responses. Discussion will identify the impact trauma has on a victim and how prosecutors can benefit from using a trauma informed care approach.
Sherri Bevan Walsh, Prosecutor, Summit County
Leanne Graham, Director, Victim Assistance Program of Akron
2:45 - 3:00 Break
3:00 - 4:00 The Verdict on Verdict Forms
Ohio criminal statutes have become increasingly complicated. Many sections define multiple levels of an offense predicated on the presence of varying elements or circumstances. Degrees of crimes and sentencing enhancements are all defined by certain facts or factors that must be determined. Prosecutors who allow trial judges to submit generic “guilty” or “not guilty” forms to a jury do so at their own peril. This presentation will go through the statute, suggestions of how forms should be worded, and Supreme Court interpretations caselaw.
Judge Sean C. Gallagher
Cuyahoga County Court of Appeals
4:00 - 5:00 Illegal Dumping of Scrap Tires
The Organization of Solid Waste Districts of Ohio and the Ohio EPA are leading an effort to reduce illegal dumping of scrap tires which many Ohio counties are struggling to manage. This presentation will focus on education and enforcement. We will identify ways to educate law enforcement, judges, and health departments on scrap tire and illegal dumping laws, better understand the problems with tire dumping, and how to enforce existing scrap tire laws by looking at what Cleveland’s recent enforcement efforts have accomplished.
Sergeant Andy Ezzo, Officer In Charge
Cleveland-Cuyahoga County Environmental Crimes Task Force
Friday, September 23
8:00 - 9:00 Registration and Continental Breakfast
9:00 - 10:00 Prosecutorial Professionalism: Ensuring Confidence In Our Justice System (Professional Conduct)
Pursuant to Rule 3.8 of the Ohio Rules of Professional Conduct, a prosecutor has “the responsibility of a minister of justice and not simply
that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded justice and that guilt is decided
upon the basis of sufficient evidence.” A 3-judge panel will explore what
this responsibility means. Using the Supreme Court of Ohio Professionalism Dos & Don’ts: Conduct of Prosecutors & Defense Attorneys as a guide, they will discuss behaviors they see that exemplify the high professionalism standards set for prosecutors, behaviors that fall below the bar, and how these actions bolster or undermine the public’s confidence in Ohio’s criminal justice system.
Judge Michael P. Donnelly
Judge John J. Russo
Judge Brendan J. Sheehan
All of Cuyahoga County Common Pleas Court
Lori L. Keating, Esquire
Secretary, Commission on Professionalism, Supreme Court of Ohio
10:00 - 10:15 Break
10:15 - 11:45 Ethics for Prosecutors, Keeping Disciplinary Counsel from Knocking on your Door (Professional Conduct)
Ethical conduct is a requirement for being a licensed attorney. Each week we read about disciplinary cases where attorneys are admonished, suspended, or disbarred for violating the Rules of Professional Conduct. In this presentation we examine recent disciplinary cases and the types of conduct that result in suspensions or disbarment. We will examine the rules of professional conduct as it relates to prosecutor misconduct. Most importantly, we learn how to avoid professional misconduct.
Philip D. Bogdanoff
Retired Career County Prosecutor
11:45 - 12:45 Lunch
12:45 - 1:45 The Ohio Parole Board and Parole Decision-Making
An overview of the Ohio Parole Board, its procedures, and the criteria it uses to determine parole suitability, including a discussion of how prosecutors, victims, and other community stakeholders can participate in the parole process. The session will also include an overview of the
Board’s role in the death penalty and non-death penalty clemency application process, including an overview of prosecutor and other stakeholder participation in that process. The session will conclude with a discussion of Ohio’s Roberta’s Law (enacted in 2013), which requires that
certain crime victims be notified of parole decisions and other events
occurring during an inmate’s incarceration regardless of whether the victim has requested notification.
Andre Imbrogno, Chairman and
Debra Hearns, Chief Hearing Officer
Ohio Department of Rehabilitation and Correction, Parole Board
1:45 - 2:00 Break
2:00 - 3:00 Ohio Supreme Court Year in Review, 2015-2016
Discussion will include a review of important decisions by the Ohio Supreme Court during 2015-2016 in the area of criminal law. The presentation will focus on a slew of recent cases affecting sentencing law, death penalty cases from the past year, and decisions affecting trial strategy.
Christopher D. Schroeder, Managing Attorney, Capital Case Docket
WE HAVE APPLIED FOR 10.00 TOTAL CLE HOURS, WHICH INCLUDES
2.50 HOURS OF ATTORNEY PROFESSIONAL CONDUCT INSTRUCTION, WITH THE
SUPREME COURT OF OHIO COMMISSION ON CONTINUING LEGAL EDUCATION
Guest rooms at the Wyndham are $143.00 single or double occupancy. Reservations can be made by calling the Wyndham at 216-615-7500 or 866-270-6768. Be sure to tell them you are with OPAA to receive this rate. Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check-in or late check-out are on a case-by-case basis. Cancellation policy: by 12:00 noon of the scheduled arrival day. Our hold on rooms expires on Friday, September 2nd. Payments to Hotel: The Wyndham prefers credit cards or cash transactions. If a personal check is presented, the hotel will verify that funds are available before accepting the check. If a county wishes to pay for hotel charges with an office check, it must be presented to the hotel at least ten (10) days in advance. Presenting it at the time of check in may cause a long delay. Parking: valet parking, $24.00/night; self parking, $15.00/night – 1-1/2 blocks from the hotel.
The registration fee for OPAA members is $250.00 if attending both days, and $125.00 if attending one day only. For non members the fee is $500.00 for both days, and $250.00 for one day. These fees cover all handout materials, continental breakfast, and lunch both days, and refreshments at breaks. To help defray the cost of food guarantees, cancellations after Friday, September 16th 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 with the venue. OPAA will accommodate requests
as long as they can be supplied by the venue without additional cost.
Any additional cost must be borne by the registrant and they will be notified in advance.