Ex-cop 'sorry' that he spanked

Retired officer James Martin got a suspended sentence for paddling young males in a juvenile program.
WARREN -- Retired cop James Martin won't spend any time behind bars, but will live with the embarrassment of a tarnished police badge, court officials say.
Martin, the retired Fowler Township police chief and Howland police captain, was given a suspended jail sentence Tuesday by Judge Andrew Logan of Trumbull County Common Pleas Court. A jury last month convicted Martin of running a sham juvenile diversion program that involved paddling young males.
"This has been the most peculiar criminal case in this court's history," Judge Logan said. He had earlier denied defense motions to throw out the 12 guilty verdicts for running a sham legal process, denying Martin a new trial.
Judge Logan suspended Martin's sentence that totaled nine months in jail. He placed Martin on two years' probation, 120 hours of community service, fined him $500 plus court costs -- and said he assumes he'll never again see Martin or the likes of such a case again. Martin had a spotless record in law enforcement until now.
"This is the last time a diversion program that included spanking will ever happen in Trumbull County and this general area," the judge noted.
He believed he did some good
Afterward, Martin said the prosecution's notion that he shows no remorse is ridiculous -- saying he's felt it the last 10 months, "going through this humiliation."
He said his intent was only to help, and he still believes what he did for the troubled youth -- establishing rules of conduct and consequences for failing to live up to commitments -- was good.
"Now that I realize the court views it differently than I did, I'm very sorry about that," he said.
Martin added he believes paddling "is biblical. I believe there's a place for it." He said if more parents used it, there would be fewer kids having run-ins with law enforcement.
On Feb. 3, a jury found that Martin, 52, did not assault young men when he paddled them as part of his diversion program, but found him guilty of 12 counts of a sham legal process and six counts of dereliction of duty.
Several youths testified they were paddled hard in a program geared to keep them away from juvenile court. The youths later learned the sessions were videotaped.
The dereliction of duty counts had carried possible three-month jail terms, and the sham legal process counts carried possible six month terms.
David Toepfer, assistant county prosecutor, had pressed for jail time. "When police officers disregard the rules, disregard the law, there is no law in this system," he said.
The prosecutor noted Martin's otherwise exemplary police service since 1971. "His behavior has given a black eye to law enforcement in this community. He has tarnished the badge he had worn all those years," he said.
Some parental consent
Martin showed juveniles a document that appeared to be official but, in reality, had no legal standing and was not lawfully issued. The paddlings weren't general knowledge to his superiors and had no judicial input, although parents had initially consented to them as part of the program.
"I think it's pretty clear this defendant continues to deny he did anything wrong," Toepfer said. "If intentions are truly good, they don't need to be kept a secret."
Defense attorney Dominic Vitantonio of Mayfield Village noted he'd received letters from people who are saying, "I can't believe this guy is being prosecuted for something like this."
He maintained Martin over the course of his career never intended to harm anyone. "What more punishment could a person face than what he's facing now?" the defense lawyer asked before sentencing. "How do you think he feels, walking into the courtroom, standing in front of all these people, knowing he's convicted of criminal offenses?"
Vitantonio had argued that because Martin was not convicted of assault, it would be "legally impossible" and "an absurdity" to convict him of using a sham legal process.
Vitantonio said he will appeal.
Judge Logan's judgment entry denying a new trial or setting aside the verdicts seems to leave open that possibility.
"There certainly seems to be an inconsistency in the verdicts," Judge Logan wrote. "The law in Ohio is consistent. The counts of the indictment are interdependent, and the apparent inconsistency is not sufficient to establish grounds for the counts to be set aside or a new trial granted on those counts."