TRUMBULL COUNTY Groups keep an eye on police chief's case

One argument says teaching juveniles to be law-abiding by paddling them doesn't work.
& lt;a href=mailto:sinkovich@vindy.com & gt;By PEGGY SINKOVICH & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
FOWLER -- Investigation of the township police chief, and paddling of participants in his juvenile diversion program, has caught the attention of the American Civil Liberties Union and several organizations working to abolish corporal punishment.
Carrie Davis of the ACLU in Cleveland said the organization doesn't plan to take any court action at the time but is keeping an eye on police Chief James Martin's case.
"At this time we are hoping that the judicial system will do its work," Davis said.
Federal and state agents in March began investigating allegations that Martin, who is also a captain in the Howland Township Police Department, was paddling those involved in the diversion program. A Trumbull County grand jury began hearing evidence in the case last week.
No criminal charges have been filed. Martin has been suspended from both jobs.
So far, two participants in the program, a 16-year-old Vienna boy and an 18-year-old from Howland, have filed federal lawsuits in Youngstown, stating Martin violated their constitutional rights.
Against practice
Nadine Block, director of the Center for Effective Discipline and the National Coalition to Abolish Corporal Punishment in Schools, says corporal punishment has no place in juvenile programs.
The Center for Effective Discipline and NCACP based in Columbus are nonprofit organizations that provide information about the effects of corporal punishment.
"It is about time that an investigation of the alleged paddling of juveniles by the Fowler Township's police chief takes place," Block said.
"Teaching juveniles to be law-abiding by paddling them doesn't work," she said. "Over 90 nations have banned corporal punishment in juvenile penal facilities and schools. Corporal punishment only teaches that violence is a way to solve problems."
Jordan Riak, executive director of Parents and Teachers Against Violence in Education, based in Alamo, Calif., agrees with Block.
"Our organization believes that children should no longer be excluded from the legal protections against assault and battery that apply to adults," Riak said. "The defense of children should be more vigorous because they are more vulnerable."
Atty. Dominic Vitantonio, who represents Martin, says he does not believe his client will face any criminal charges.
Criminal actions?
Atty. Sarah Kovoor, who along with Atty. Alan Matavich represents the two who have filed federal lawsuits, said she believes Martin's action are criminal.
"This is assault," Kovoor said. "My clients were bruised. They were videotaped without their knowledge."
She added that Martin also exaggerated the seriousness of her clients' legal trouble to get them to agree to take part in the diversion program.
"Chief Martin told my one client that he would go to prison for two years if he didn't take part," Kovoor said.
Vitantonio said Martin used corporal punishment in his diversion program only in limited cases and that when paddling was used, the juvenile and parents both agreed.
A jury in Connecticut acquitted a pastor in a similar case.
A Beacon Falls, Conn., pastor was accused of spanking two boys in his congregation. The Rev. Walter Oliver faced two counts each of third-degree assault and risk of injury to a minor, but a jury there acquitted him in November 2003 on all charges.
According to the Middleton Press in Connecticut, Oliver had spanked the children after their mother gave permission. Neither Oliver nor his attorney, Norman Pattis, could be reached to comment.
& lt;a href=mailto:sinkovich@vindy.com & gt;sinkovich@vindy.com & lt;/a & gt;