State v. Tyren

697 N.E.2d 293, 91 Ohio Misc. 2d 67, 1998 Ohio Misc. LEXIS 9, 1998 WL 195527
CourtOttawa County Court of Common Pleas
DecidedMarch 13, 1998
DocketNo. 97-CR-145
StatusPublished

This text of 697 N.E.2d 293 (State v. Tyren) is published on Counsel Stack Legal Research, covering Ottawa County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Tyren, 697 N.E.2d 293, 91 Ohio Misc. 2d 67, 1998 Ohio Misc. LEXIS 9, 1998 WL 195527 (Ohio Super. Ct. 1998).

Opinion

Paul C. Moon, Judge.

On October 24, 1997, the Ottawa County Grand Jury returned a three-count indictment against defendant herein, Christopher Tyren. Each count alleges one [68]*68offense of gross sexual imposition against a child less than thirteen years of age. The time of each incident is stated to be during a period commencing March 28, 1990 through October 31, 1990. Defendant has filed a motion to dismiss the three counts of the indictment and, in the alternative, a motion to suppress statements allegedly made by the defendant. These motions were heard by the court February 27,1998 and March 2, 1998.

On February 10, 1997, proceedings were held in the Ottawa County Juvenile Court, In the Matter of Sadie and Leahanne Tyren, Alleged Abused and Dependent Children (of defendant and his wife, Helen), case No. 96300039. At the hearing, defendant appeared with attorney Walter Skotynsky, while defendant’s wife, Helen, appeared pro se. The two daughters were represented by their guardian ad litem, Michelle Christie. The children did not testify at the hearing. The state was represented by Ottawa County Assistant Prosecutor Bruce Winters.

This hearing was to have been the culmination of a series of events which began in the fall of 1996 when defendant first learned that he was under investigation by the Ottawa County Department of Human Services for possible child abuse. Defendant was first contacted by Betsy Gordon of the Ottawa County agency in November 1996 and advised that the alleged victim of the abuse was defendant’s adopted daughter, Sadie, who would have been eight years of age at the time of the alleged incidents.

On the second or third day of trial in the juvenile court, the parties began discussions that they hoped would settle and resolve the matters at issue before the juvenile court. Defendant’s Exhibit D is the February 17, 1997 order of the Ottawa County Juvenile Court resulting from the negotiations and subsequent apparent agreement of the parties struck February 10, 1997. Critical to the resolution of these pending motions is defendant Tyren’s insistence that there was an agreed additional provision that was not contained in the court’s disposi-tive order. Defendant has testified that he was assured that there would be no further criminal prosecution if he entered treatment as required by the juvenile court.

The testimony on this critical point is as follows: Defendant testified that an agreement was reached regarding therapy for all family members and, in particular, sex offender treatment for the defendant, which if followed would result in no further proceedings being instituted. Defendant insists that there was included in the agreement a prohibition against all further proceedings arising from the disclosed events, including criminal prosecution. Defendant testified further that he would not have participated in the negotiations had he known there would be further prosecutions. He agreed to enter sex offender counseling and further knew he would have to admit to all incidents of abuse, that [69]*69is, “come clean” — an integral part of the therapy. His stated goal at the time of the agreement was to achieve reunion with his family. He had then been separated from his family some six weeks and had only seen his six-year-old daughter once in the last two months. Defendant candidly admits that at that juncture of the proceedings, he would have “agreed to anything” in order to bring the family together again. He could not see his children because he had not given a statement of responsibility for his actions.

When it came time for him to make his “statement of responsibility,” defendant’s sex abuse counselor, William Emahiser, invited Human Services Investigator Betsy Gordon into the conference room to tape record defendant’s statement. At that time defendant had been in treatment for some six months. No Miranda warnings were given before the taping, nor was defendant advised of his right to have an attorney present. Defendant relates that he was nervous and did not decline to make the statement. No one explained to him the possible consequences of the statement. Approximately twenty minutes after making his statement, he asked the investigator whether he could be prosecuted for his statement, and she responded, “Possibly.” Almost immediately after making the so-called “statement of responsibility,” defendant was provided visitation with his daughter.

Attorney Walter Skotynsky testified that he did indeed represent defendant at the February 10, 1997 hearing in the juvenile court and that he carried on negotiations with Assistant Prosecutor Bruce Winters. Skotynsky states that he and Winters early on in the negotiations discussed a cessation of further criminal prosecution if defendant made a complete and truthful statement, participated in a sexual abuse program, and obtained therapy for the entire family. Skotynsky is adamant that he would not have participated in negotiations if he thought that there would be later criminal charges filed against his client.

The testimony of defendant and attorney Skotynsky establishes at the very least an understanding that there would be no further criminal prosecutions. The testimony of Assistant Prosecuting Attorney Winters does little to alter that proof:

“Q. Isn’t it true, Mr. Winters, that during the course of your negotiations and the days preceding February 10 and maybe even on February the 10th of 1997, that you told Mr. Skotynsky that the State was not interested in pursuing any criminal charges against Christopher Tyren?
“A. I don’t recall making any statement like that.
“Q. Are you saying that you didn’t make a statement?
“A. I am saying I don’t recall making any statement like that.
“Q. Are you aware that Mr. Skotynsky has testified previously today?
[70]*70“A. I know he was subpoenaed.
“Q. Would it surprise you if he said that you did make such a statement to him?
“A. Surprise? All I can say is I don’t have any recollections of whether that statement was made or not. I don’t recall it being made.
“Q. So it is possible then that you did tell him that?
“A. It is possible. I don’t have any recollection of whether any agreement was made or not.
“Q. If he made such a statement, do you think it would be reasonable for Mr. Skotynsky to have relied upon it?
“A. If it were an agreement between Mr. Skotynsky and I, I believe it would be reasonable for him to rely upon it.
“Q. Would it be logical then that his client — would it also be reasonable for his client to rely on such a statement if he were made aware of it?
“A. Yes.” (State of Ohio v. Tyren, case No. 97-CR-145, Testimony of Bruce Winters, given February 27,1998.)

William Emahiser, a clinical therapist with Unison Behavioral Health Center, testified that he was Tyren’s therapist but not the first therapist at Unison to work with Tyren.

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Cite This Page — Counsel Stack

Bluebook (online)
697 N.E.2d 293, 91 Ohio Misc. 2d 67, 1998 Ohio Misc. LEXIS 9, 1998 WL 195527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tyren-ohctcomplottawa-1998.