AUSTINTOWN MOLESTATION Judge says comment was out of context

The judge stressed that juvenile court information is not public record.
By IAN HILL
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Judge Theresa Dellick says the families of Brian Dudek's victims and a reporter didn't get the whole story last week when they overheard her telling lawyers she was "really disturbed" that Dudek's picture had appeared in the press.
Judge Dellick, of Mahoning County Juvenile Court, stressed that she was concerned about how the picture would affect the integrity of the juvenile court and Dudek's right to a fair trial. Dudek, 17, pleaded guilty in February to sexually assaulting six children at his mother's Austintown home day-care business. Judge Dellick said that when she made the remark about the picture, she was talking about her feelings before Dudek pleaded guilty.
Dudek's picture appeared on television newscasts.
Families' interpretation
The families of Dudek's victims and a reporter heard her make the remark to an assistant county prosecutor and a defense attorney Thursday before a hearing on a defense motion to overturn Dudek's sentence. The mother of one of Dudek's victims said the comment made the families wonder if the judge did not realize how Dudek had affected them.
"It makes you feel like she's forgetting the victims, like they're getting overlooked," she said. "I wish [the victims] could be in court for her to see them."
Judge Dellick later said she was worried that the picture had been released to the press by court officials, and as a result, lawyers would be able to question the court's integrity in the Dudek case. She noted that under state law, records from juvenile court cannot be released to the press or public.
The judge said if the integrity of the court comes into question, it could lead to an appeal that would drag out the court process for the Dudek's victims and their families.
"Every day in court can be just as aggravating for the victims," she said. "Regardless if it was TV or print, the source of the picture was a concern. We cannot violate confidentiality."
Called to ask
Judge Dellick noted that after seeing information about Dudek's arrest in The Vindicator in 2003, she called police to ask how the newspaper found out about the case. The Vindicator learned about the Dudek case from Austintown police incident reports, which are public record.
The judge said after she found out The Vindicator had gotten its information from public records and not court officials, she wasn't upset.
A magistrate recommended in April that Dudek spend a minimum of three years in a state juvenile prison. He had pleaded guilty in February to six counts of gross sexual imposition. If he serves the maximum, he will be in prison until he is 21.
Dudek's attorney, Gary Van Brocklin, has filed a motion arguing that the sentence be overturned, and the judge is expected to issue a ruling on the motion next week.
Open door
Before a hearing Thursday on Van Brocklin's motion, Judge Dellick talked about press coverage of the Dudek case with Van Brocklin and Assistant County Prosecutor Anissa Jones in the court bailiff's office. The door to the bailiff's office was open, and the conversation could be heard by a reporter and the victims' families across the hall.
Judge Dellick later said she believes The Vindicator should have asked her about the context of the conversation before describing it in a story in Friday's paper.
hill@vindy.com