MAHONING COUNTY Defendant faces an evaluation for label



The Alliance-area man could be sentenced to three years in prison.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A judge has ordered that a Smith Township man be evaluated to determine whether he should be labeled a sex offender.
Glenn E. McDaniel, 40, of Lake Park Boulevard, faces charges of importuning and disseminating matter harmful to juveniles, which are both felonies, and contributing to the delinquency of a minor, a misdemeanor.
A Mahoning County grand jury indicted him on the charges in April.
McDaniel was in common pleas court Thursday, prepared to plead guilty to the two felonies, but the plug was pulled when defense attorney Charles Curry asked that a sex-offender evaluation be done first.
Under Ohio law, people convicted of certain sexual crimes can be labeled in one of three sex-offense categories.
The designations
Sexual predators are those convicted of the most serious crimes, and they are required to register their whereabouts with the sheriff of the county in which they live. They must register every 90 days for the rest of their lives.
The other levels are habitual sex offenders and sexually oriented offenders.
Habitual sex offenders are those who have been convicted of more than one sex-related crime but don't qualify for predator status. They must register with their local sheriff's department once a year for 20 years.
Sexually oriented offenders are required to register with the sheriff for 10 years.
Curry said McDaniel should know up front which of the labels prosecutors will seek against him. Judge James C. Evans put matters on hold until after a forensic examination, on which prosecutors will base their recommendation.
Recommended sentence
Once the evaluation is finished, another hearing will be scheduled at which McDaniel is expected to plead guilty to the felonies and his sex-offender status should be decided. Assistant prosecutor Dawn Krueger said she will recommend that the misdemeanor be dismissed and that McDaniel be sentenced to three years in prison.
Krueger and Curry said the plea agreement also will recommend that McDaniel be sentenced to serve his time in the Southeastern Correctional Institution in Lancaster, Ohio, because that facility has a treatment program for sex offenders.
"He readily admits that he has a problem," Curry said. "He's anxious to get the treatment that he needs."
The crime
Krueger said the charges involve a 13-year-old girl who lives near McDaniel in western Mahoning County. She said McDaniel wrote the girl several obscene letters in which he made sexual references about her.
McDaniel also bought the girl four pairs of thong underwear, cigarettes and other inappropriate gifts, Krueger said.
McDaniel was released from prison in July after serving one year for corrupting a minor and possessing drug paraphernalia. Authorities said he gave a 14-year-old girl marijuana in exchange for oral sex.
bjackson@vindy.com