2014 OPAA Spring Training
April 24 and 25, 2014
Sheraton at Capitol Square, Columbus, Ohio
The spring training seminar this year will have an assortment of topics for the seasoned, new, and juvenile prosecutor. Thursday’s schedule includes a presentation on arson investigation by the Ohio State Fire Marshal; oral arguments in front of the Ohio Supreme Court; state level wire tap and GPS evidence issues and solutions; and a presentation on managing the media. Friday will include recent changes to the sex offender law; trying cases in the age of social media; juvenile law including bindovers and transfers; and a primer on jury selection.
Thursday, April 24
9:00 - 10:00 Registration and Continental Breakfast
10:00 - 11:00 Arson The Crime; A Team Approach
The Ohio Department of Commerce, Division of State Fire Marshal’s Fire and Explosion Investigation Bureau (SFM) will present a one hour overview of arson prosecutions on Ohio. The presentation will focus on: SFM investigatory resources and processes; fire investigation procedures; state, county and local level jurisdictional issues; special search and seizure rules applicable to fire investigations; and tips for successful arson prosecutions.
Larry L. Flowers, State Fire Marshal
Ohio Department of Commerce, Division of State Fire Marshal
11:00 - 11:15 Break
11:15 -12:15 Oral Argument: Capturing the Heart and Mind of the Court
You have interviewed your witnesses, taken your case to trial, obtained a conviction and had the defendant sentenced to prison. Now is not the time to rest on your butt and pat yourself on the back. Your case is not over until the fat lady sings or your case has been affirmed by the appellate court. Since nobody is singing, it is up to the prosecutor to persuade the appellate court that there was no reversible error committed at trial. You have 15 minutes during oral argument to assert that your conviction must be affirmed before that court decides whether to send your case back to the trial court for retrial. During these 15 minutes the judges can question you about the facts, the law, or just about anything that pleases them at the time they ask their question. The goal of this seminar is to improve your skills during oral argument.
Philip D. Bogdanoff
Retired Summit County Assistant Prosecutor
12:15 - 1:15 Lunch
1:15 - 2:15 Evidence in Ohio - Wiretap, GPS, and Other Electronic Communication
An overview of the present and future of the interception or acquisition of communication and other electronic or digital evidence.
Alison L. Cauthorn, Washington County Assistant Prosecutor
Mark Tierney, Hamilton County Assistant Prosecutor
Mike Keeling, Hamilton County Assistant Prosecutor
2:15 - 2:30 Break
2:30 - 3:30 Wire Tap continues...
3:30 - 5:30 Managing the Media: Prosecutors and The Press In these days of 24/7 instant news, attorneys and their clients simply cannot wait until a legal decision is rendered. They must be prepared to vigorously defend their situation in a wide variety of venues, as well as media. This presentation includes: establishing and maintaining “control of the message”; when a reporter calls – making a point and not just answering questions; what reporters expect; what newsmakers should expect; defining and creating key messages; reporter’s agenda vs. the attorney’s agenda; dealing with the press proactively and reactively; “off the record, not for attribution” and other advanced techniques.
Bruce M. Hennes, Managing Partner
Hennes Paynter Communications
Friday, April 25
8:00 - 9:00 Registration and Continental Breakfast
9:00 - 10:15 Recent Changes to Sex Offender Law
This presentation attempts to describe all recent changes to sex offender classification, to address verification and related obligations, and to prosecution of sex offenders for noncompliance with registration and verification duties. The source of these changes is in part from legislative changes and in part from judicial decisions interpreting and applying sex offender registration. This presentation acknowledges the parallel child-victim classification system and the parallel changes to that system brought on by the foregoing legislative and judicial development. The presentation highlights the return to the former method for sexual predator classification and the general need to understand the old Megan's Law classification system and the current Adam Walsh Act system.
Honorable Janet R. Burnside
Cuyahoga County Common Pleas Court
10:15 - 10:30 Break
10:30 - 11:30 Trying Cases In The Age Of Social Media
Trying cases with chalkboards and overhead projectors is a thing of the past. The age of social media presents new challenges. Public offices need policies relating to use, investigators have new opportunities to gather evidence, and juries expect new age options to be integrated in to trial presentations. However, new things have a way of getting us in hot water. Prosecutors must open our eyes to the use, benefit, pitfalls, and baggage that social media may also bring.
Brad L. Gessner, Summit County Assistant Prosecutor
11:30 - 12:30 Lunch
12:30 - 1:30 Juvenile Law – Bindover/Transfer
This presentation covers mandatory bindover considerations and the discretionary bindover process under ORC §2152.10, §2152.12, and Juv R. 30. We will discuss best practices for probable cause hearings and amenability hearings. Adult felony attorneys need to be aware of the law regarding reverse bindovers and what the provisions mean for sentencing. A case law update will be provided.
Katheryn L. Munger, Chief Prosecutor, Juvenile Division and
Magistrate David A. Hejmanowski
Both of Delaware County
1:30 - 2:30 Jury Selection 101 – Helpful Tips For The New Assistant Prosecutor
This discussion will encompass different perspectives on jury selection from the point of prosecutors from a small jurisdiction and also a larger jurisdiction. The presenters will discuss suggested voir dire practices in many different types of cases. Topics will include how their offices work as a team on jury selection, the use of jury questionnaires, and post-trial jury questionnaires. The presenters will impart suggestions on proper preparation for selecting jurors, how to effectively conduct voir dire, suggestions on picking a good jury and also avoiding problematic jurors. Topics will include the CSI effect, tips in jury selection in sex cases, domestic violence cases, problem witness cases, violent crimes, and how to address reasonable doubt in voir dire.
Gregg Marx, Fairfield County Prosecutor
William T. Goslee, Logan County Prosecutor
OPAA has requested approval from the Supreme Court of Ohio
Commission on Continuing Legal Education for 10.25 total CLE hours.
The room rate at the Sheraton Columbus Hotel at Capitol Square is $137.00 for single or double occupancy. Room reservations may be made by phone at 800-325-3535; or online at https://www.starwoodmeeting.com/Book/OPAASpringTraining2014. If you choose the online option, be aware that you can only book three (3) rooms at a time. WHICHEVER METHOD YOU USE, PLEASE MAKE MULTIPLE RESERVATIONS USING INDIVIDUAL NAMES, AND GET INDIVIDUAL CONFIRMATION NUMBERS, RATHER THAN MAKING ALL RESERVATIONS IN THE SAME NAME AND SAME CONFIRMATION NUMBER. Some counties have had disastrous results when canceling a reservation that was made under a single name and a single confirmation number for multiple persons. Be sure to tell the Sheraton you are with OPAA to obtain our rate. To avoid paying tax, accommodations must be paid for with either an office check or office credit card. Personal payment, even though it will be reimbursed by the office, is not tax exempt by state law. The cut-off date for our block of rooms is Tuesday, April 1st. To avoid being charged a penalty in the event that a room reservation must be cancelled, the Sheraton requires that the cancellation be made by 4:00 p.m. the day of arrival. Hotel check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check in and late check out are based on availability.
Our contract with the Sheraton anticipates that attendees will pay the above rate of $137.00 for sleeping rooms. Attendees SHOULD NOT request the government rate as it violates the spirit, if not the letter, of our agreement.
The registration fee for OPAA members is $250.00 for both days, and $150.00 for one day only. This covers all handout materials, continental breakfasts, breaks, and lunches on both days. To help defray the cost of food guarantees, cancellations after April 18th will be assessed a $100.00 penalty if scheduled to attend both days, and a $60.00 penalty if scheduled for one day only. Please send registrations to OPAA by April 11th.
OPAA is now providing all course materials in electronic format. 48 hours prior to the course date seminar registrants will receive an email that will include a link to a PDF of the course materials. Seminar registrants are encouraged to download the materials to electronic devices, or print, for use during the seminar.
(If any registrant has special dietary needs, please have them contact Delores at
614-221-1266 so that advance arrangements can be made. If the venue can handle the request, there will be no charge; but If outside sources must be utilized,
the registrant will be billed accordingly, and will be notified in advance.)