OH-16: State Senator John Boccieri: AG Dann should resign immediately

Our government has criminally invaded and occupied another nation, a major American city has been washed away by a hurricane, we are paying exorbitant prices for fossil fuels and groceries, there are no jobs, Christian lunatics are running loose everywhere, the Ohio state legislature has done nothing in ten years to remedy our unconstitutional school funding system…

Why in the hell should any sane person, meaning not on the inside of Ohio’s Democratic Party, care about any of this "morality" bullshit?

Thanks for reminding me why I can’t in good conscious call myself a Democrat. I'm enjoying this spectacle as the ODP eats their own.

Third party of the left, where are you????

Why in the hell should any sane person, meaning not on the inside of Ohio’s Democratic Party, care about any of this "morality" bullshit?

The sexual harassment here, by itself, allows for three things:  (1) a civil action; (2) bar disciplinary proceedings; or (3) removal from public office. 

Perjury is a crime, but the sexual harassment was not perjury. Perjury refers to knowingly making false statements under oath to a tribunal.  No, this does not mean that Dann and his posse committed perjury because they work with tribunals and swore an oath when they took office.

Disorderly conduct is a crime, but the sexual harassment was not disorderly conduct. Disorderly conduct, in layman's terms, refers to disrupting public gatherings.  While you may think a party occurs in your pants, I don't think that courts would agree that Utovich had a public gathering in hers.

I mixed up the names, my apologies. As for your statements...

Arguably, the public in your case was the conscious passenger, who was "inconvenienced, annoyed, or alarmed" by the unwarranted sex-for-money solicitation. I say arguably, because this is what the commentary to the statute says:

"The gist of the first part of the section is perversely causing inconvenience, annoyance, or alarm to another in any of the listed ways: fighting, threatening, or engaging in wild behavior; making noise excessive under the circumstances; being offensively coarse; needling another in a way likely to incite him into a disorderly response; and unlawfully and without justification creating a dangerous or offensive condition. Some examples of violation include: an affray or the bluster building up to an affray; continuing a noisy party into the wee hours to the discomfiture of the neighbors; displaying a sign using an old English four-letter functional verb in the imperative mood to describe what to do to the rival team at the Big Game; making remarks calculated to annoy their target into taking a swing at his tormentor; relieving oneself in an improper spot; and exploding a firecracker at someone's feet."

(The second part of the statute deals only with public intoxication.)

The context of the situation also changes whether an act can cause inconvenience, annoyance, or alarm. Being loud and heckling at a baseball game is not disorderly conduct. Being loud in one's own home may cause a disturbance if the noise carries beyond one's home. Conversely, engaging (or proposing to engage in) sexual acts in one's own home is unlikely to result in disorderly conduct.

The fact that your fella plead guilty does not mean that he factually engaged in disorderly conduct, it just means that the cost of winning a court battle against the potential charges against him is higher than being guilty of disorderly conduct. As you said, disorderly conduct is used for plea bargains. In Frank Stare's case, it is a crime to solicit sex for hire. It's also a crime to assault a woman trying to hastily leave your vehicle, by physically grabbing her arm and forcing a kiss. Frank Stare could have been brought up on charges of solicitation, assault, and attempted rape. Needless to say, the slap on the wrist of disorderly conduct, however improperly applied to Frank Stare, was attractive and he jumped at it.

If Dann's posse can be brought up on something like attempted rape, you may be right in that disorderly conduct will be applied in a plea bargain attempt. But unless another crime has occurred, it is highly unlikely that disorderly conduct will appear in this situation.

I'm right with you, had the Evidence been sufficient against Gutierrez, which CPD says it wasn't unfortunately, I completely agree that the LEAST he could have plead down to was disorderly conduct. That's why I said the LEAST, maybe I misstated it, when I said "guilt of" I should have stated that differently.

I was looking up code and I think Ohio is a bit lenient on Gross Sexual Imposition, Sexual Imposition and sexual assault. I didn't find, if sexual contact is considered whether or not through the clothing. My experience has been that touching whether or not through the clothing for the purpose of sexual considered "sexual contact" and sexual contact when the victim is unaware, intoxicated or has been forced under the treat, is GSI. Which I think is what Stankoski complained. I think the only glitch in Stankosi's charge was she had no other evidence.

And I know what you are saying about plea bargaining....I once was in court and a kid was charged with I think it was reckless driving and he plead down to the lowest thing the judge could think of which was mechanical violation (busted headlight). No headlight was actually faulty. I remember thinking at the time, the charge should have more serious because there were under age children in the car he was driving. 

The attorney and judge are golf buddies. lol