Court clears spanking cop's convictions

WARREN — The 11th District Court of Appeals on Monday overturned 17 of the 18 convictions a jury handed to retired Fowler Township Police Chief James Martin, and ordered a Trumbull County Common Pleas judge to resentence him on the one conviction it did uphold.

The jury had acquitted Martin, 57, also a retired Howland police captain, on 11 counts of assault in March 2005 for operating a juvenile diversion program that involved paddling young males.

Jurors had found Martin guilty of 12 counts of using a sham legal process and six counts of dereliction of duty for various aspects of the diversion program.

The young men were paddled in a program geared to keep them away from juvenile court. The youths later learned the sessions were videotaped.

LuWayne Annos, assistant Trumbull County prosecutor, said the case that produced the convictions was long and complex — and produced a complex ruling from the appeals court. She said the prosecutor’s office has 45 days to decide whether to appeal to the Ohio Supreme Court, which can decide whether to hear the case.

At the time of sentencing, Martin’s defense attorney, Dominic Vitantonio of Mayfield Village, said he found it “legally impossible” and “an absurdity” to convict Martin of using a sham legal process after finding him innocent of assault.

Neither Martin or Vitantonio could be reached for comment today.

Judge Andrew Logan of Common Pleas Court had suspended the six-month jail sentence that came from the 18 misdemeanor convictions. He placed Martin on two years’ probation, ordered him to provide 120 hours of community service and fined him $500 plus court costs.

The appeals court ruling released today was written by Judge Donald R. Ford. Concurring were judges William M. O’Neill and Diane V. Grendell.