Ohio Prosecuting Attorneys Association Fall Training 2024

The OPAA Fall Training is once again in Cleveland at the Crowne Plaza on Playhouse Square and 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.

Unfortunately, the Guardians will be in Detroit and then Minnesota during the week. Playhouse Square will be active with “Our Town” and “The Notebook” on stage. The Browns will be hosting the Packers at Huntington Bank Park for a pre-season game on Sunday at 1:00.

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

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

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

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

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.

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.

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

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.

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.

Guest rooms per night are $177.00 single or double occupancy. Hotel rooms are subject to applicable state and local taxes (currently 17.5%; State 8.0%, Lodging 6.5%, and City is 3.0%) in effect at the time of check-in. All reservations must be guaranteed with a major credit card. Reservations can be made by calling Camryn Moore on her desk line at (216) 615-3335 or on the Crowne Plaza central reservations 1-800-2-CROWNE. Be sure to use Group Code OPA (for phone in reservations only) to receive our rate. Reservations may also be made by online via https://tinyurl.com/33f24tww with group code OOP. If you should have any problems or concerns with your room reservations, Cameryn may also be reached by email at Camryn.Moore@CPCleveland.com.

Payments to Hotel: major credit cards must be presented at check-in. If paying by company /office check, the check must be provided 30 days prior to arrival. Personal checks are not accepted. In the event a credit card is not approved or credit approval changes prior to the event, full prepayment of all estimated charges by a hotel approved payment method must be received three (3) days prior to arrival.

Hotel Check-in/out: Check-in time is 3:00 PM, and check-out time is 11:00 AM. All guests arriving before 3:00 PM will be accommodated as rooms become available, however an early check-in is not guaranteed. Guest Service Agents can arrange to check baggage for those arriving early when rooms are unavailable and for guest attending functions on departure day.

Hotel Cancellation policy: Canceling your hotel reservation before 6:00 PM (local hotel time) on the day prior to check-in will result in no charge. Canceling your hotel reservation after 6:00 PM (local hotel time) on the day prior to check-in, or failing to show, will result in a charge equal to the first night’s stay per room to the credit card or other guaranteed payment method. Taxes may apply. Failing to call or show before check-out time after the first night of the reservation will result in a cancellation of the remainder of your reservation.

Hotel Parking: valet parking, $49.00/night (subject to change) includes in and out access; Event parking, $28.00/night (subject to change) does not include in and out access (1-1/2 blocks from the hotel).

HOTEL TAX EXEMPTION CERTIFICATES: MUST BE SENT 30 DAYS PRIOR TO DATE OF EVENT. Please send your completed tax-exemption certificate to Camryn Moore at Camryn.Moore@CPCleveland.com. Please note that tax exemption applies only to those charges being paid for by the organization holding the tax exemption certificate. It does not apply to individual members of the tax-exempt organization paying their own charges. A group will not be tax exempt from taxes until tax exemption form is received by the Crowne Plaza Cleveland at Playhouse Square. The name on the form of payment must match the name on the State Tax Exemption

NOTE: If any registrant has special dietary needs, please contact Diana at 614-221-1266 by Friday, September 5, 2025, 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.