The OPAA Fall Training will include presentations on oral fluid evidence in DUID cases; prosecuting a capital case in Ohio; challenges posed by autism spectrum disorder (ASD) individuals; sexual assault case study; and crash reconstruction case study. We will also provide Professional Conduct sessions on Friday morning which will include a “hate crime” presentation from Phil Bogdanoff and the Disciplinary Counsel will be with us to talk about their misconduct cases so far in 2025.

We hope you will join us!

Thursday, September 18^th

9:00 - 10:30                 Oral Fluid Evidence in DUID Cases: Legal and Operational Considerations
Oral fluid has emerged as a reliable testing method for testing drug impaired drivers. This overview will cover everything about the Ohio State Highway Patrol’s oral fluid testing program from legal definition to collection and testing methodology.
Captain Christopher Kinn

Office of Field Operations and

Nick Baldauf, Director of Toxicology

Both with the Ohio Department of Public Safety

10:30 – 10:45              Break

10:45 – 12:00              Prosecuting a Capital Case in Ohio

The presentation will highlight some recurring issues in the indictment and prosecution of capital cases in Ohio, including: what makes the case a “capital” case; the new “serious mental illness” statutory defense to the death penalty; the intellectual-disability defense; “death qualification” and “life qualification” of jurors; how the capital weighing process works; some key “do’s and don’ts” in a penalty-phase closing argument, and the possible impact of Marsy’s Law on the penalty phase.
Steven Taylor, Legal Research and Staff Counsel

Ohio Prosecuting Attorneys Association

12:00 – 12:45              Lunch

12:45 - 1:45                 Recognize & Respond: Interactions with Individuals with Autism Spectrum Disorder

Due to skyrocketing diagnosis rates and the challenges posed by autism spectrum disorder (ASD), individuals with ASD have up to seven times more contact with law enforcement and prosecutors than others. These interactions can pose serious risks of harm to both LE and the disabled individual given the wide-ranging impact ASD has on the one's ability to communicate, follow directions, and regulate emotions. Failure to understand the unique characteristics of Autism and training accordingly can expose agencies to liability for numerous state and federal civil rights claims. Developed by a civil rights attorney and a career-long law enforcement officer—both parents to children with ASD—this seminar addresses the legal issues surrounding these interactions. It also provides an overview of specialized tactics and accommodations that can be implemented in order to reduce both the likelihood prosecutors, and their county agencies will need to use force and the potential liability exposure for officer and agency.
Carrie Gutowski, Esq.
Jon Scowden, Chief Deputy Operations, Delaware County Sheriff’s Office
Tracey Myers, Chief, Fredericktown Police Department

1:45 - 2:00                   Break

2:00 - 3:00                   Recognize & Respond: Interactions with Individuals with Autism Spectrum Disorder continues

3:00 – 3:15                  Break

3:15 – 4:45                  A Rose with Lots of Thorns - A case study of State v. Caleb

                  Rose

Prosecuting Sexual Assault cases can be incredibly challenging. Especially when the Victim has children with the assailant, never reports the sexual assault, and moves back in with their assailant after being raped at gun point. In this case study we will examine the special challenges of prosecuting cases involving victims of domestic violence and sexual assault. The presentation will use an actual case study as an example of how to address these challenges and take on the difficult cases.

                                    Kevin Talebi, Prosecutor

                                    Champaign County             

Friday, September 19^th

9:00 - 10:30                 Killers of the Flower Moon: The Osage Murders and how Attorneys can Combat Bias (Professional Conduct)

                                    In 1920s Oklahoma, Native Americans were treated as second class citizens. In the book and movie, Killers of the Flower Moon, we learn the true story about how members of the Osage Tribe were cheated out of their wealth and murdered for their oil rights. In this presentation we will watch film clips of the movie and discuss laws that discriminated against the Osage tribe. Further, we will examine how William Hale schemed to murder members of the tribe and steal their wealth. Finally, we will examine the work of several attorneys who led the fight against this racial persecution and helped to convict Mr. Hale of murder. Further, we will examine the increase in hate crimes and prosecuting hate crimes. The goal of the presentation is for attorneys to understand that as members of the legal profession we are in a unique position to prevent bias and discrimination as a part of our ethical and professional rules of conduct.

Philip Bogdanoff

                                    Retired career prosecutor

10:30 - 10:45               Break

10:45 - 11:45               Disciplinary Counsel Year in Review (Professional Conduct)
During this one-hour segment, we will analyze several recent disciplinary cases involving lawyer and judicial misconduct emanating from criminal cases. We will address various professional conduct issues, including a lawyer’s duty to report misconduct and the practical challenges associated with that duty. We will also discuss the line between legal error and judicial misconduct, the judge’s role in the plea-bargaining process, and the intersection of AI and ethics.
Joseph M. Caligiuri, Disciplinary Counsel

Supreme Court of Ohio

11:45 - 12:45               Lunch

12:45 - 2:45                 Crash Reconstruction: Technology, Capabilities, and Case Studies

While the laws of physics don’t change, the number of tools available to the crash reconstruction investigator have increased and opened the door to understanding and visualizing crash causation in new ways. Cameras, total stations, laser scanners, UAVs (drones), Event Data Recorders, 2D/3D modeling software, and video analysis applications have all advanced over the years and have become more accessible to investigators. The product is a presentation which can provide more insight into an incident and depict the events in a more realistic way than ever.

Sergeant Trevor A. Jasper

Crash Reconstruction

Traffic Statistics / FARS

Ohio State Highway Patrol

We have been approved for 10.75 hours of CLE, which includes 2.5 professional conduct hours, from the Supreme Court of Ohio Commission on Continuing Legal Education.

The two-day member registration fee is $300.00 ($600.00 for non-members). In the event of cancellations after Friday, September 5, 2025, the assessment is $110.00, to partially cover the cost of food/meals which will have been guaranteed by that date. If a registrant is only attending one day the registration fee is $200.00 for members ($400.00 for non-members), with an assessment of $85.00 for cancellations after Friday, September 5, 2025. Registration fees include all handout materials, continental breakfast, lunch both days, and refreshments during breaks.