TRUMBULL COUNTY Lawyer: Attorney had no written DNA report to share

The prosecutor was told about the DNA, but the written report was delivered while he was on vacation, his attorney argued.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- An assistant Trumbull County prosecutor did not inform a defense attorney about DNA results because he did not have the written report from the state Bureau of Criminal Identification and Investigation, a defense attorney says.
Atty. Charles Richards, who is representing Thomas Wrenn, told a two-judge panel that his client did not commit ethical misconduct.
"In his mind, he didn't have the reports," Richards said during a hearing Thursday. "He had secondhand information. A sheriff's detective told him she received verbal results. He didn't have a written report."
Complaint filed: The state Supreme Court's disciplinary counsel filed a formal complaint of ethical misconduct against Wrenn, saying he withheld results of a DNA test in a 1999 case and told a judge and defense attorney the results were not available.
The disciplinary hearing was to conclude today, court officials said.
Judge Jack Puffenberger, a probate judge in Lucas County, and Judge William Baird, of the 9th District Court of Appeals, are presiding. Court officials said a third judge assigned to the hearing, who could not attend, will review the transcripts and confer with the other judges.
The three-judge panel will submit a written recommendation to the full disciplinary board, which will send its recommendation to the state Supreme Court for a final decision.
Wrenn could face suspension of his law license, state officials said.
Richards said Thursday it is the policy of the Trumbull County prosecutor's office not to give secondhand verbal reports to defense attorneys.
"That's a fair statement," said Prosecutor Dennis Watkins, who did not attend the hearing. He did not want to say anymore about the case.
Told of results: Attys. Lori Brown and Jonathan E. Coughlan, who are representing the disciplinary counsel, said Wrenn was told by Detective Jane Timko of the county sheriff's department in October 1999 that results of DNA testing revealed semen found on the shirt of a 12-year-old boy was the boy's -- not that of the defendant in a sex case.
Timko testified she remembered telling Wrenn sometime before Oct. 12, then put a copy of the report on his desk a few days later. Timko said Wrenn was on vacation when she provided the written report.
Richards said Wrenn never got the written copy.
Brown said Wrenn did not share the information even after he found out that defense attorney Philip M. Vigorito was planning to have his client, Leonard Derr, plead guilty to one charge.
In his opening statement Thursday, Richards pointed out Derr pleaded guilty to a charge from May 1999. He said the DNA test results were related to the other two counts, which were alleged to have happened in June that year.
Plea agreement: In a plea agreement, Derr, of Sharon, pleaded guilty to one count of gross sexual imposition and was sentenced to three years in prison.
He had been indicted on two counts of gross sexual imposition and one count of rape.
Derr was a youth baseball coach and the boy was a member of his team.
When Vigorito found out about the test findings, he asked the court to allow his client to change his plea. Judge Andrew Logan granted the request.
On July 31, Derr pleaded guilty to an amended indictment of one count of gross sexual imposition. He was sentenced to three years in prison and given credit for the 14 months he had served.
"Mr. Derr was guilty," Richards told the hearing panel. "Mr. Wrenn had no motive to hide anything from anyone."
sinkovich@vindy.com