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2013 OPAA Fall Training
September 26 & 27, 2012
Wyndham on Playhouse Square, Cleveland, Ohio

This year’s fall training will cover a variety of topics. John Kwasnoski is back with his Crash Reconstruction presentation; Judge Sean Gallagher is back to talk about Mergers and also a presentation on R. C. 2953.08; a new (to us) speaker is in from Texas to talk on Brady and to present the professionalism hour; and we will also have complete CLE required credits for Ethics and Substance Abuse. To round out the training we will have Gerry Fineman in from California, talking about Domestic Violence issues.

Thursday, September 26

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:30 Anticipating Defenses in Motor Vehicle Crash Cases
Presentation will include a number of case studies in which novel or unexpected defenses were introduced prior to or during trial, which caused the prosecuting attorney a problem, or in some cases an acquittal in the case. Each defense will be presented with a discussion of additional investigative activity that the prosecution might engage in to further its search for the truth.
John B. Kwasnoski
Professor Emeritus of Forensic Physics
Western New England College
Springfield, MA

10:30 - 10:45 Break

10:45 - 12:15 Anticipating Defenses in Motor Vehicle Crash Cases continued

12:15 - 1:15 Lunch

1:15 - 2:00 Merger – One More Time
An update on dealing with R.C. 2941.25 and allied offenses of similar import for prosecutors.
Judge Sean C. Gallagher
Cuyahoga County Court of Appeals

2:00 - 2:15 Break

2:15 - 3:00 Understanding R.C. 2953.08
Sentencing issues for prosecutors after HB 86 & SB 160.
Judge Sean C. Gallagher
Cuyahoga County Court of Appeals

3:00 - 3:30 Substance Abuse and Mental Health Issues in the Legal Profession
This seminar will address how addiction and mental health issues affect Ohio lawyers. Topics include the physiological theory of addiction, signs and symptoms of addictions and mental illnesses, ways to get help, and treatment modalities.
Paul A. Caimi, JD, LCDC-III, CADC
Associate Director
Ohio Lawyers Assistance Program

3:30 - 4:30 Lies, Deceit and the Ethical Rules, Can Prosecutors Lie for the Public Good?
An ax murderer has just brutally murdered three women and raped a third woman at gunpoint after having her watch him cleave up the body of one of his victims. He then held her hostage along with two others. He released the hostages and told them to contact the police. The ax murderer agreed to surrender if he could talk to a public defender before his surrender. Afraid that the ax murderer was an immediate danger to the public, an assistant prosecutor posed as a public defender to arrange the surrender and prevent his escape. This presentation will examine whether prosecutors can bend or break ethical rules to protect the public good.
Philip Bogdanoff
Retired Summit County Assistant Prosecuting Attorney
Copley, Ohio

Friday, September 27

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Doing the Right Thing: A Response to Allegations of Widespread Prosecutorial Misconduct
This presentation will discuss the fundamental duty of prosecutors not to convict, but to see that justice is done, in the light of the allegations of widespread prosecutorial misconduct so pervasive in the media today. The presentation will discuss the unique role of prosecutors in the justice system, and how that role has been viewed through time. Specific cases of prosecutorial misconduct will be reviewed, and the presentation will focus on steps the profession in Texas and elsewhere are taking to improve adherence to the Rules of Professional Responsibility.
Robert N. Kepple, Executive Director
Texas District and County Attorneys Association

10:00 - 10:15 Break

10:15 - 11:45 The Prosecutor’s Duty to Disclose Exculpatory Evidence: A Brady Pop Quiz
This interactive presentation will focus on the prosecutor’s duty to disclose exculpatory evidence established in Brady v. Maryland. The students will work through a number of fact scenarios to challenge their depth of understanding of Brady and its progeny.
Robert N. Kepple, Executive Director
Texas District and County Attorneys Association

11:45 - 12:45 Lunch

12:45 - 1:45 Challenges of Domestic Violence Prosecution
This lecture will focus on the challenges currently faced in domestic violence prosecution. The lecture will cover societal issues in dealing with domestic violence/dating violence/abuse in later life/the impact on children as well as system issues in domestic violence cases—evidence collection, legal hurdles to prosecution, the impact of Crawford v. Washington. The lecture will also discuss the most severe form of domestic violence, domestic violence homicide and the impact of intimate partner battering evidence (battered women syndrome). The lecture will provide suggestions for overcoming the challenges faced in prosecuting these cases.
Gerald W. Fineman, Supervising Deputy District Attorney
Riverside County District Attorneys Office
Riverside, California

1:45 - 2:00 Break

2:00 - 3:00 Domestic Violence continued

THIS TRAINING, INCLUDING: Ethics, 1 hour; Professionalism, 1 hour;
Substance Abuse, .5 hour; General Topics, 8.00 hours.

Guest rooms at the Wyndham are $135.00 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 Tuesday, September 3rd. Parking: valet parking, $20.00/night; self parking, $12.00/night – directly behind the hotel.

The registration fee for 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 20th 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.

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