Defense attorneys want clients in civilian clothes
Issue has come up in West Liberty-Salem High shooting case.
URBANA — Just over a year has passed since a gunman opened fire inside West Liberty-Salem High School, and the teenager charged with two counts of attempted murder and a host of other felonies in that school shooting is inching closer to a criminal trial scheduled for April.
Although Ely Serna’s attorney has said he expects to try the case before Champaign County Common Pleas Court Judge Nick Selvaggio — and not a jury — he recently asked the court to allow the 18-year-old Serna to wear everyday civilian clothes in court rather than appear in his orange-and-white striped jailhouse scrubs.
Why? Because of the row of television and newspaper cameras expected to be present in the courtroom.
“Our position is because of the publicity in this case,” Defense Attorney Dennis Lieberman said during a recent pretrial hearing, adding that if they do decide to seek a jury trial, jurors who already have seen Serna dressed in jail clothes might presume he is guilty.
Selvaggio disagreed, however, so stripes it will continue to be.
A Supreme Court ruling made it clear that defendants should be allowed to wear civilian clothes during a jury trial, and it is not an uncommon practice in death-penalty cases (during which it can already be difficult to seat an impartial jury) for attorneys to request it for even routine hearings.
For example, accused killer Brian L. Golsby — charged with rape, kidnapping and murder in the death of 21-year-old Ohio State University student Reagan Tokes in February 2017 — recently appeared in Franklin County Common Pleas Court for a hearing wearing a pressed, gray dress shirt and slacks, after a judge approved his request for civilian clothes last year.
But it seems, at least anecdotally, that it’s becoming more frequent for attorneys to make the request for civilian clothing for defendants in non-death-penalty cases with greater public interest.
In addition to Serna’s case, Selvaggio was recently asked to allow 15-year-old Donovan Nicholas to wear street clothes in court. Nicholas is charged with aggravated murder in the shooting and stabbing death last year of Heidi Fay Taylor, his father’s partner and the woman he considered a surrogate mother.
Though Nicholas is charged as an adult, he is being held at a juvenile-detention facility rather than the county jail because of his age. His attorney, Darrell Heckman, has repeatedly asked both the Juvenile and Common Pleas courts to allow Nicholas to wear civilian clothes. But both Selvaggio and the Juvenile Court judge before him noted that Nicholas’ sweatshirt and pants look enough like ordinary teenage attire.
Kort Gatterdam, an attorney for nearly 30 years who handles mostly high-profile cases and is considered an expert in death-penalty defense, said the civilian clothing request is something he makes whenever cameras will be in the courtroom regularly, no matter the charge. He said for cases in rural Ohio, especially, where there will be a lot of publicity, the request is routine for him.
He can’t recall ever having a judge deny it.
“You don’t want the jury pool tainted by seeing this person in jail clothes and shackles,” Gatterdam said.
But when discussing the request in Serna’s case, who is charged with two counts of attempted murder and several more felonies, Selvaggio said court security must also be considered.
The judge said he had talked to his court-security officers about the matter and they said each time there is a change of clothes, it presents new risks. And there was concern about setting a precedent. He said more inmates might ask to appear in civilian clothes.
“It is not a practice this court is ready to adopt,” Selvaggio said. After the hearing, he noted in a written ruling that just because cameras are present in a courtroom doesn’t mean that images of a defendant in jail clothes would make it harder to find unprejudiced jurors if a case goes to trial.
Especially in serious cases such as shootings, Selvaggio wrote later in a ruling, “... common human experience would suggest that it would not be unusual for jurors to conclude that someone accused of such an incident, absent posting a high bond, would be in custody.” Our cherished mother, grandmother, great-grandmother has passed, but her spirit will be forever present in our hearts and memories.
Born and graduated in Illinois, made her home in Dayton,
Ohio (40+ years), worked for the United States Postal Service
(1964-1987). Moved to California in 1989.
She outlived her immediate family and generation. Predeceased by one son. Survived by three daughters, one son, numerous grandchildren, greatgrandchildren, nieces and nephews.
The family would like to recognize the kindness and skilled staff at Cedar Creek Alzheimer and Dementia Care Center, VITAS and longtime Dr. N. Kochhar. Services will be held in Ohio at a later date. Age 91, died on February 1, 2018, in Beavercreek, Ohio. He was born on October 11, 1926, in Sheboygan, Wisconsin to Hans and Marie Baier Buchner. He is survived by his three daughters: Ruth Ann (Mark) Wiley of Beavercreek, Mary (Kim) Allen of Fort Walton Beach, Florida, Betty (Mike) Gobeil of Beavercreek; ten grandchildren: Sarah Wiley, Benjamin (Elizabeth) Wiley, Justin (Jacqueline) Wiley, Nathan (Brittany) Wiley, Jack (Heather) Allen, Brian Allen, Mary Kathryn Allen, Kyle Gobeil, Emily Gobeil and Mariah Gobeil; seven greatgrandchildren: Grace, Caroline and Henry Wiley, Maria Ciambrone and Owen Wiley, Tucker Wiley, and Bruce Allen; and sisters: Helen Mueller of Manitowoc, Wisconsin and Betty Laden of Sheboygan, Wisconsin; sisters-in-law: Martha Ralston and Margery Grace Young of Cincinnati; brother-in-law Edward (Joyce) Young of West Union, Ohio; and several nieces and nephews. Bob was preceded in death by his wife, Mary Geraldine (Jud), his parents, brothers-in-law: Howard Young, Jesse Ralston and Harold Mueller and sister-in-law Phyllis Young. Bob graduated from Central High School, Sheboygan, WI in 1944. During his senior year of high school he passed the test for the Army Specialized Training Program (ASTRP) and enlisted in the Army. After the war ended, he attended the University of Wisconsin earning a BS in Electrical Engineering (1949) and Mechanical Engineering (1951). Upon graduation, he began his career as a Civil Servant with the United States Air Force at Wright Patterson. His career spanned 30 years and included positions in the Propulsion Laboratory and various branches of Foreign Technology Division. Even though his time in the service was limited, his patriotism lasted a lifetime. Being raised by parents who were first generation immigrants, he truly appreciated all the opportunities this country offered and was keenly aware of the discipline and hard work required to achieve success. He was grateful for the educational opportunity the GI Bill provided him. One of Bob’s greatest sources of enjoyment was his farm, “The Rader Ranch,” located in Adams County, Ohio. During the last several years of his career and throughout his retirement, he often escaped to the peace and quiet of the country to refurbish the 100 year-old cabin, walk the hills with his dog, and sit on the front porch reading and carving. Bob left the white shirts, bow ties and crew cut behind as he began his journey into retirement. This next chapter in his life was filled with daily exercise at the YMCA, reading to expand his knowledge on a variety of subjects, and time in his word-working shop building a vast array of items. He spent many Saturday and Sunday afternoons volunteering at Carriage Hill Park in the Wood Shop and Blacksmith Shop. His faith was very important to him. Memorizing the Heidelberg Catechism in Confirmation Class sparked a life-long interest in studying the Bible and its history. Over the last 20 years he has been a devoted member of the Hawker Church Men’s Group. The family will receive friends from 4:00 to 7:00 p.m. on Monday, February 5th at Tobias Funeral Home, Beavercreek Chapel and from 10:00 to 11:00 on Tuesday, February 6th at Hawker United Church of Christ, 1617 North Longview Street, Beavercreek, Ohio. The Funeral Service will follow at 11:00 a.m. Interment at Mt. Zion Cemetery. In lieu of flowers, Memorial Contributions may be made to Hawker United Church of Christ. Online condolences may be sent to the family at
www.TobiasFuneralHome.com