The OPAA Fall Training will include presentations on fifth amendment issues; CSAM trial study; Crypto prosecutions; Kratom overview and update; a prosecutorial look at strangulation cases; an overview of crime victim’s compensation; and a refresher on dealing with election issues. We will also provide Professional Conduct sessions on Friday morning which will include a presentation from Phil Bogdanoff on prosecutorial deception and Drew Wood will look at prosecutorial misconduct (or not!) during trial.

THURSDAY, SEPTEMBER 24TH

8:00 - 9:00                   Registration and Continental Breakfast

9:00 - 10:15                 Witness “Taking the Fifth” Issues
The privilege against compelled self-incrimination is bound to affect Ohio criminal prosecutions. This presentation will explore issues related to a witness “taking the Fifth,” including: whether the witness is entitled to appointment of counsel; whether the witness must be Mirandized; the standard governing the witness’ invocation of the privilege; and various aspects of when and how to seek immunity for the witness.
Steven L. Taylor, Legal Research and Staff Counsel
Ohio Prosecuting Attorneys Association   

10:15 – 10:30               Break

10:30 – 12:00               When the CSAM Case Actually Goes to Trial
A post-mortem of a trying 124 counts of CSAM to a jury from the investigation to trial preparation, to the trial itself – what worked, what failed from different perspectives – jurors, law enforcement, office staff, and court personnel.
Jess C. Weade, Prosecutor
Fayette County

12:00 – 12:45               Lunch

12:45 - 1:45                 You've Been Blocked: An Overview of Cryptocurrency and Recent Prosecution Successes
The goal of this presentation is to increase attendees knowledge and awareness of the Ohio Narcotics Intelligence Center (ONIC) and its capabilities in assisting law enforcement agencies. Attendees will also receive training in the separate phases of a crypto investigation from initiation to prosecution, along with an update on current trends and legislation related to Crypto ATMs.
Christopher Reynolds, Public Safety Intelligence Officer
Ohio Narcotics Intelligence Center (ONIC)
Ohio Department of Public Safety

1:45 - 2:00                   Break

2:00 - 3:00                   Kratom in Ohio: What is Kratom and What is its Status?
In Ohio, all synthetic kratom compounds and processed products including extracts, seltzers, shots, or pills are illegal. The only legal form of kratom is raw, unprocessed natural leaf, but the Ohio Board of Pharmacy and Ohio Legislature are actively reviewing rules and proposals to ban and/or heavily regulate natural forms of kratom as well. This session will bring prosecutors up to speed on current law, the actions being considered, rules updates, and although early for this lame duck year - what changes to watch out for in state and federal statutory levels. 
Erin C. Reed, Director
RecoveryOhio
Office of Governor Mike DeWine

3:00 – 3:15                   Break

3:15 – 4:15                   Strangulation
A practical look at prosecuting strangulation cases from a prosecutor’s perspective. Some feel these cases can be difficult and while some are, getting nearby help can be helpful. We’ll look at practical prosecution tips, using local experts, and scenarios on how you need to build these cases, especially when victim neglects to seek LE or medical help.
Elizabeth Pepper, Criminal Division Chief
Athens County          

4:15 -5:00                    Crime Victims Compensation
This program will help prosecutors understand and assist those who are eligible for the OAG Crime Victim program and possible disqualifying factors. In addition, the session will go over eligible and non-eligible expenses, collateral sources, and the application process.
Deborah Miller, Director of Compensation
Office of Ohio Attorney General Andy Wilson

FRIDAY, SEPTEMBER 25TH

8:00 - 9:00                   Registration and Continental Breakfast

9:00 - 10:00                 It’s a Trap! Avoiding Common Forms of Prosecutor Misconduct
Sometimes an argument seems so powerful, so persuasive, that you don’t realize… it’s actually misconduct! It’s a trap! This presentation will review some of the most common types of prosecutor misconduct, including examples from case law. We’ll discuss why these actions are misconduct, and how to avoid them. And we’ll discuss arguments that are not prosecutor misconduct (even though the defense always tries to assign them as error on appeal).
Drew Wood, Assistant Attorney General
Office of Ohio Attorney General Andy Wilson

10:00 - 10:15               Break

10:15 - 11:45               Lies, Deceit and the Ethical Rules, Can Prosecutors Practice Deception?
A serial killer. A fake public defender. A surrender that shocked the legal profession. When “Wild Bill” Cody murdered multiple women in Colorado, he agreed to turn himself in—but only if a public defender was present. Faced with the risk of losing the surrender, a senior prosecutor made a split-second decision that would stun the legal community: He impersonated defense counsel to bring in the killer. Lives may have been saved. Ethics lines were crossed. Discipline followed. This true-crime-meets-legal-ethics CLE asks the question every lawyer should wrestle with: If it works—and people are safer—does that make it ethical? Using real disciplinary cases involving prosecutors and cinematic film clips, we examine when deception becomes misconduct, why good intentions don’t immunize lawyers from discipline, and how easily “doing the right thing” can violate the Rules of Professional Conduct. The program takes a hard look at Rule 8.4 (Misconduct), Rule 3.3 (Candor Toward the Tribunal), and Rule 5.3 (Responsibilities Regarding Nonlawyer Assistants)—and challenges attendees to decide where they would draw the line.
Philip Bogdanoff
Retired Prosecutor

11:45 - 12:45               Lunch

12:45 - 1:45                 November is Just Around the Corner! Working With the Secretary of State and Board of Elections
With the upcoming election this is a good time to study how prosecutors should be working with their boards of elections, what types of problems to anticipate on election day, and what to do about potential problems – i.e. armed groups showing up at polling locations, federal agents showing up at polling locations and/or asking for voting records.
David Phillips, Prosecutor
Union County

We have received approval for 10 hours of CLE, which includes 2.5 professional conduct hours, from the Supreme Court of Ohio Commission on Continuing Legal Education.